OpenLegislation

Rule 40.4 Service of judgments and ordersI1

England and Wales

(1)

Where a judgment or an order has been drawn up by a party and is to be served by the court—

(a)

the party who drew it up must file a copy to be retained at court and sufficient copies for service on him and on the other parties; and

(b)

once it has been sealed(GL), the court must serve a copy of it on each party to the proceedings.

(2)

Unless the court directs otherwise, any order made otherwise than at trial must be served on—

(a)

the applicant and the respondent; and

(b)

any other person on whom the court orders it to be served.

F1(Rule 6.21 sets out who is to serve a document other than the claim form.)

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Words in rule 40.4 substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 20

F2

Words in rule 40.4 omitted (2.12.2002) by virtue of The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 13

Commencement

I1

Rule 40.4 in force at 26.4.1999, see Signature

Notes on Part 40

Textual amendments

F1

Pt. 40 heading substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 18(1)

F2

Pt. 40 Table of Contents substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 4 Pt. 1

F3

Words in Pt. 40 Table of Contents inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 16(a)(i) (with rule 41)

F4

Words in Pt. 40 Table of Contents inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 16(a)(ii) (with rule 41)

F5

Words in Pt. 40 Table of Contents inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 16(a)(iii) (with rule 41)

F6

Words in Pt. 40 Table of Contents inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 16(a)(iv) (with rule 41)

Notes on

Textual amendments

F1

Pt. 40 Section 1 heading inserted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 18(2), Sch. 4 Pt. 1