# County Court Rules (Northern Ireland) 1981, Rule 7: Proof of service of civil bill

Extent: N.I.

(1) Judgment shall not be entered against a defendant under this Order unless—
(a) an affidavit is lodged with the chief clerk by or on behalf of the plaintiff proving due service of the civil bill on the defendant; or
(b) the plaintiff produces the civil bill endorsed by the defendant’s solicitor with a statement that he accepts service of the civil bill on the defendant’s behalf.
(2) Where application is made to the district judge or chief clerk for an order affecting a party who has failed to serve a notice of intention to defend, the district judge or chief clerk hearing the application may require to be satisfied in such manner as he thinks fit that the party has failed to serve a notice of intention to defend.
(3) Where, after judgment has been entered under this Order against a defendant purporting to have been served by post under Order 6, Rule 3(2) the copy of the civil bill sent to the defendant is returned to the plaintiff through the post undelivered to the addressee, the plaintiff shall, before taking any step or further step in the proceedings or the enforcement of the judgment, either—
(a) make a request for the judgment to be set aside on the ground that the civil bill has not been duly served, or
(b) apply to the district judge for directions.
(4) A request under paragraph (3)(a) shall be made by lodging with the chief clerk an affidavit stating the relevant facts, and thereupon the judgment shall be set aside and the record of the entry of the judgment and of any proceedings for its enforcement shall be marked by the chief clerk accordingly.
(5) An application under paragraph (3)(b) shall be made ex parte by affidavit stating the facts on which the application is founded and any order or direction sought, and on the application the district judge may—
(a) set aside the judgment; or
(b) direct that, notwithstanding the return of the copy of the civil bill, it shall be treated as having been duly served, or
(c) make such other order and give such other direction as the circumstances may require.

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Source: https://www.legislation.gov.uk/nisr/1981/225/part/12/chapter/1/rule/7 (the official version)
Page: https://openlegislation.uk/county-court-rules-northern-ireland-1981/part-12/chapter-1/rule-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.