SERVICE OF DOCUMENTS IN THE STATE
a ‘document’ means a ‘District Court document’ within the meaning of section 7(1) of the Courts Act 1964.
2 Persons authorised to serve documents
unless these Rules or statute otherwise provide or unless the Court otherwise directs.
(2) The fee to be paid to a summons-server for the service of any document is the sum as determined by the County Registrar from time to time, payable on proof of each separate service effected. Where the fee to be paid for the service of any document is for the time being prescribed by rule of court or otherwise, the fee becomes payable on proof of each separate service effected.
3 Mode of service — registered post
3. (1) A document in proceedings to which section 7(1) of the Courts Act 1964 relates may, subject to and in accordance with the provisions of, section 7 of the Courts Act, 1964, be served by sending a copy of the document by registered prepaid post in an envelope addressed to the person to be served at his or her last known residence or place of business in the State.
4 Mode of service — personal service
(b) where it appears by evidence that the person to be served is personally within the jurisdiction and that due and reasonable diligence has been exercised in endeavouring to effect personal service on him or her, by leaving a copy of the document for the person to be served at his or her last or most usual place of residence, or at his or her office, shop, factory, home or place of business with:
provided that the person with whom the copy is left:
5 Service on a company
5. (1) A document may be served on a company by leaving a copy of the document at or sending a copy of the document by post to the registered office of the company or, if the company has not given notice to the Registrar of Companies of the situation of its registered office, by registering the document at the office of the Registrar of Companies.
(2) For the purposes of this rule, any document left at or sent by post to the place for the time being recorded by the Registrar of Companies as the situation of the registered office of a company must be deemed to have been left at or sent by post to the registered office of the company notwithstanding that the situation of its registered office may have been changed.
6 Service on a local authority or an unincorporated body
6. A document may be served on a local authority, statutory board or body, or an unincorporated society or club by leaving a copy of the document with any employee of the authority, board, body, society or club at its principal office or by sending a copy of the document by prepaid registered post to its principal office.
7 Service on a partnership
(b) at the principal place within the State at which the business of the partnership is carried on, on any person having at the time of service the control or management of the partnership business there;
and such service must be deemed good service on the firm sued, whether any of the members of the partnership are outside the State or not.
(2) The permission of the Court is not necessary for the issue and service on a partnership of a claim notice or other originating document where one or more of the partners is in the State and one or more outside the State, provided that in the case of a partnership which has been dissolved to the knowledge of the claimant before the civil proceedings are begun, the claim notice or other originating document must be served on every person within the State sought to be made liable.
8 Service on a child
unless the Court otherwise decides.
9 Service on a ward of court or a person of unsound mind
unless the Court otherwise decides.
10 Service on a prisoner
10. Where the person to be served is a prisoner or a person detained in a place of detention under the order of any court or tribunal, service on the governor, director or other person in charge of the prison or place of detention is, unless the Court otherwise decides, good service on the prisoner or person detained.
11 Acceptance of service
(d) by sending a copy of the document to a document exchange service designated by that solicitor in accordance with sub-rule (3) through which that solicitor accepts documents.
(3) Delivery or service through a document exchange service under sub-rule (2):
(a) is effective provided that the solicitor concerned has confirmed in writing to the party serving the document or copy (or that party’s solicitor) that he or she will accept service of documents in the civil proceedings through the document exchange service designated by him or her;
(4) Any statutory declaration verifying delivery or service through a document exchange service must exhibit the written confirmation referred to in sub-rule (3) and contain a statement that the confirmation had not, at the time of the delivery or service concerned, been revoked in accordance with this rule.
12 Substituted service
(4) Where the Court is satisfied that any particular mode of service prescribed is at any time not then available, the Court may by order in writing direct that the service of documents or of any particular class of documents be effected in such other manner as it thinks proper.
(5) A direction under sub-rule (4) must be retained by the Clerk and remains in force until the mode of service concerned is again available or until the direction is revoked by the Court.
13 Service deemed good
13. The Court may, if it considers it just to do so, deem the service of any document actually effected in any civil proceedings to be good and effected service, even though the service was not effected in a manner prescribed by these Rules.
14 Proof of service
(3) When service of a document on a person has been effected by registered prepaid post, a statutory declaration of service, which must be in the Form 41.01, Schedule C must be made not earlier than ten days after the day on which the envelope containing the copy of the document for service was posted.
15 Person proving service by statutory declaration need not attend Court
15. Where a statutory declaration is made, and filed with the Clerk under rule 19:
but the Court may, if it considers it necessary, require the person who effected service to attend before it and give evidence concerning the service notwithstanding the making of a statutory declaration.
16 Deemed time of service
16. Where service of a document is effected by registered prepaid post or by ordinary prepaid post, the document must be deemed to be served on the person to whom it was directed at the time at which the envelope containing the copy of the document for service would be delivered in the ordinary course of post.
17 Service invalid unless document stamped, where required
17. Where a document is required by law to be stamped (or payment of a Court fee on the document otherwise recorded), service of the document has no effect or validity unless, at the time of service, the original document was so stamped (or payment of the appropriate Court fee on the document otherwise recorded).
18 Time for service before hearing
18. Save where otherwise provided by another enactment or by these Rules, a document which must be served before a hearing in the Court must be served at least seven days or, in the case of service by registered prepaid post, at least 21 days, before the date fixed for the hearing concerned.
19 Time for filing before hearing
19. Subject to any order or direction of the Court, a document which must be filed with the Clerk before a hearing in the Court, including any statutory declaration of service, must be filed at least four days or, in the case of filing by prepaid post, at least seven days, before the date fixed for the hearing concerned.
20 Service under Civil Liability and Courts Act, 2004
21 Electronic service in licensing matters
“electronic system” means an electronic system for the time being made available by the Courts Service which enables permitted users, officers of the Court and members of the staff of the Courts Service to transmit and receive documents and information concerning applications before the Court;
“permitted user” means a person who is for the time being permitted to use the electronic system;
“terms and conditions of use of the electronic system” means any terms and conditions of use of the electronic system for the time being published, on a website maintained by it or otherwise, by the Courts Service or notified by the Courts Service to permitted users.
(3) Notwithstanding any other provision of these Rules, and subject to compliance by the permitted user with the terms and conditions of use of the electronic system, a party to or person interested in any licensing matter before the Court or intended to be brought before the Court (or a solicitor acting for such party or person) may be designated as a permitted user and when so designated is thereby permitted:
(i) to deliver to or file or lodge with the Clerk by electronic means through the electronic system any application which may be made to the Court and any document which may be delivered, filed or lodged in any such application,
(ii) to serve by electronic means through the electronic system any document or notice concerning such application upon any person required by statute or these Rules to be served with, or put on notice of, any such application, document or notice, provided that: (a) such service may be effected by the Clerk (or by a member of the staff of the Courts Service acting with the authority of the Clerk) on behalf of the person serving such document or notice, and (b) such service is deemed not to be effective unless the person to be served is a permitted user.
without the need for the incorporation in the document of a manuscript signature of the person in whose name it has issued.