[O. 65, rr. 1-5

ORDER 65

SERVICE OF DOCUMENTS

1. (1) Any document which by virtue of these Rules is required to be served on any person need not be served personally unless the document is one which by an express provision of these Rules or by order of the Court is required to be so served.

(2)Paragraph (1) shall not affect the power of the Court under any provision of these Rules to dispense with the requirement for personal service.

2. Personal service of a document is effected by leaving a copy of the document with the person to be served.

3. Personal service of a document on a body corporate may, in cases for which provision is not otherwise made by any enactment, be effected by serving it in accordance with rule 2 on the mayor, chairman or president of the body, or the town clerk, clerk, secretary, treasurer or other similar officer thereof.

4. (1) If, in the case of any document which by virtue of any provision of these Rules is required to be served personally on any person, it appears to the Court that it is impracticable for any reason to serve that document personally on that person, the Court may make an order for substituted service of that document.

(2) An application for an order for substituted service may be made by an affidavit stating the facts on which the application is founded.

(3) Substituted service of a document, in relation to which an order is made under this rule, is effected by taking such steps as the Court may direct to bring the document to the notice of the person to be served.

5. (1) Service of any document, not being a document which by virtue of any provision of these Rules is required to be served personally, may be effected-

(2) For purposes of this rule, and of section 23 of the Interpretation Act, 1962, in its application to this rule, the proper address of any person on whom a document is to be served in accordance with this rule shall be the address for service of that person, but if at the time when service is effected that person has no address for service his proper address for the purposes aforesaid shall be-

(3) Nothing in this rule shall be taken as prohibiting the personal service of any document or as affecting any enactment which provides for the manner in which documents may be served on bodies corporate.

[O. 65, rr. 6-11

6. Where any document is required to be served on the Attorney General for the purpose of or in connection with any proceedings in the Supreme Court, of which notice is required to be or has been given to the Attorney General pursuant to section 13 of the Act, and such proceedings are not civil proceedings by or against the Crown within the meaning of Part II of the Crown Liability and Proceedings Act, 1966, section 20(1) of the said Act of 1966 and Order 75, rule 4, shall, where no express provision is made by any enactment for service of documents in such proceedings on the Attorney General, apply in relation to the service of the document on the Attorney General as they apply in relation to the service of documents required to be served on him for the purpose of or in connection with any civil proceedings by or against the Crown.

7. Any document (other than a writ of summons or other originating process) service of which is effected under rule 2 or under rule 5(1)(a) after 4 in the afternoon on any weekday except Saturday shall, for the purpose of computing any period of time after service of that document, be deemed to have been served on the Monday following where the service was effected on a Friday or on the day following that other weekday, as the case may be.

8. An affidavit of service of any document must state by whom the document was served, the day of the week and date on which it was served, the precise place or address where it was served and the manner in which it was served and in the case of personal service, how the person served was identified by the person who served the document.

9. Where by virtue of these Rules any document is required to be served on any person but is not required to be served personally, and at the time when service is to be effected that person is in default as to entry of appearance or has no address for service, the document need not be served on that person unless the Court otherwise directs or any of these Rules otherwise provides.

10. (1) No process shall be served or executed within the jurisdiction on a Sunday except, in the case of urgency with the leave of the Court.

(2) For the purpose of this rule, "process" includes a writ, judgment, notice, order, petition, originating or other summons or warrant.

11. In this Order references to the Court shall be construed as including references to the Court of Appeal or a single Judge thereof.