Superior Court Rules

ORDER 121

SERVICE OF DOCUMENTS

1. In this Order, unless repugnant to the context, ‘document’ includes a pleading, notice, affidavit or order.

Rules of the Superior Courts (Service) 2012

2. (1) Save where otherwise provided in these Rules, the delivery or service of any document under these Rules, for which personal service is not required, shall be effected:

(a) by leaving the document or a copy thereof (as may be appropriate) at, or sending the document or a copy thereof (as may be appropriate) by registered prepaid post to, the residence or place of business in the State of the person to be served, or

(b) subject to sub-rule (2), by delivering the document or a copy thereof (as may be appropriate) to the solicitor (if any) who has accepted service or who is recorded in the proceedings as acting for that person in the proceedings to which the document relates by

(i) leaving the document or copy at that solicitor’s place of business in the State or at a document exchange service designated by that solicitor in accordance with sub-rule (2) through which that solicitor accepts documents, or

(ii) sending the document or copy by registered prepaid post to that solicitor’s place of business in the State.

(2) Delivery or service through a document exchange service under subparagraph (i) of paragraph (b) of sub-rule (1) shall:

(a) be effective provided the solicitor concerned has confirmed in writing to the party serving the document or copy (or that party’s solicitor) that he will accept service of documents in the action through the document exchange service designated by him;

(b) cease to be effective where, prior to such delivery or service, the solicitor concerned has in writing revoked such confirmation.

(3) Any affidavit verifying delivery or service through a document exchange service shall exhibit the written confirmation referred to in sub-rule (2) and contain an averment that such confirmation had not, at the time of such delivery or service, been revoked in accordance with this rule.

[SI 148/16; SI 15/12]

2A. The delivery or service of any document under the Jurisdiction of Courts and Enforcement of Judgments Act, 1998, Council Regulation (EC) No 44/2001 of 22 December 2000 (OJ L 12 of 16 January 2001 and L 307/28 of 24 November 2001) on jurisdiction and enforcement of judgments in civil and commercial matters or Council Regulation (EC) No 2201/2003 of 27 November 2003 (OJ L 338/1) concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, repealing Council Regulation (EC) No 1347/2000, for which personal service is not required, shall be effected by leaving the document or a copy thereof (as may be appropriate) at, or sending the document or copy thereof (as may be appropriate) by registered pre-paid post to, the residence of place or business of the person to be served or the place of business of the solicitor or notary or other duly authorised agent (if any) acting for him in the proceedings to which the document relates.

[SI 506/05]

3. The delivery or service by post of any document, which is authorised to be delivered or served by post, shall be deemed to have been served at the time at which it would be delivered in the ordinary course of post.

4. Any document to be served or delivered under these Rules shall contain the name and registered place of business of the solicitor for the party serving the same and also the named and registered place of business of the solicitor to be served or, in the case of a party who does not act by a solicitor, the name and address for service of such person.

5. Where no appearance has been entered for a party, or where a party or his solicitor, as the case may be, has omitted to give an address for service as required by Order 4 and Order 12, any document which has not to be served personally and for which no other mode of service is directed, may be served by filing the same in the Central Office.

6. Where personal service of any document is required by these Rules or otherwise, service shall be effected as nearly as may be in the manner prescribed for the personal service of an originating summons.

7. Where personal service of any document is required by these Rules or otherwise and it appears to the court that prompt personal service cannot be effected, the court may make an order for substituted or other service, or for the substitution for service of notice by letter, advertisement or otherwise.

8. When a party, who has sued or appeared in person, has by a solicitor given notice in writing to the opposite party that such solicitor is authorised to act in the case or matter on his behalf, any document which has thereafter to be delivered to or served upon such first mentioned party may be delivered to or served upon such solicitor, except where personal service is required.

9. The delivery or service of any notice for the purposes of section 8 or section 17 of the Civil Liability and Courts Act, 2004 shall be in the manner prescribed in section 4 of that Act.

[SI 248/05]

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