Rule 3 Service of civil bills
Northern Ireland
A civil bill shall not be served otherwise than in accordance with this Order.
Except where otherwise [f1 required by any statutory provision or direction of the court], a civil bill may be served either—
by a process server appointed for the F1administrative court division in which proceedings are brought or that specified by paragraph (3); or
f2 where service is not required by paragraph (6) or Rule 6(1) of Order 40 to be made on the defendant in person,—
by a solicitor or member of his staff over the age of 16 years sending to the defendant at the address given for the defendant in the civil bill, a copy of the civil bill, by ordinary first class post, (in this Order, first class post means first class post which has been pre-paid or in respect of which prepayment is not required); or
if there is a letter box at the address given for the defendant in the civil bill by inserting through that letter box a copy of the civil bill enclosed in a sealed envelope addressed to the defendant.]
Subject to paragraph (4) and to Rules 6, 7 and 11, where a person to be served with a civil bill resides outside the F2administrative court division in which the proceedings are to be brought, the civil bill shall, unless served under paragraph (2)(b), be served by a process server for the division within which the person to be served resides and proof of such service shall be by affidavit to be filed, [f3 together with the certificate of readiness], in the office of the chief clerk F3....
Where a solicitor represents that he is authorised to accept service of a civil bill on behalf of any defendant (not being [f4 . . .] a civil bill under Article 107 of the Judgments Enforcement (Northern Ireland) Order 1981f5), the delivery by any person of a copy of the civil bill to that solicitor shall be good service if that solicitor endorses and signs on the original a memorandum stating that he is so authorised as aforesaid and that he accepts service accordingly.
Except where otherwise directed or permitted under this Order, service of a civil bill shall be effected—
by delivering a copy of the civil bill to the defendant personally; or
by leaving a copy of the civil bill at the defendant’s residence or place of business with the wife or husband of the defendant, or with some relative of the defendant or of the husband or wife of the defendant, or with an employee of the defendant, the relative or employee being apparently over the age of sixteen years.
References in this paragraph to a defendant include references to a person who under the provisions of this Order is to be served with a civil bill.
A civil bill issued under Article 107 of the Judgments Enforcement (Northern Ireland) Order 1981 shall be served personally on the defendant named therein.
Nothing in paragraphs (5) and (6) shall affect the method of serving documents on a company provided by section 385 of the Companies Act (Northern Ireland) 1960f6.
In the absence of any statutory provision regulating service of process, service of a civil bill on a corporation aggregate may be made on the mayor or other head officer, or on the clerk, treasurer or secretary.
Where a defendant keeps his residence or place of business closed, or temporarily abandons either, so as to prevent the ordinary service of a civil bill, it shall be sufficient service to post a copy of the civil bill on the door or other conspicuous part of such residence or place of business.
Where a civil bill is issued in an action such as is referred to in Rule 9(2) or (3) of Order 3 and cannot be served because no grant of probate or administration has been made, a copy of the civil bill shall be filed by delivery to the Office as soon as it appears that the defendant is dead and that it cannot be served otherwise for the purpose of commencing the action.
Annotations
Textual amendments
- F1
Words in Order 6 rule 3(2)(a) substituted (31.10.2016) by The County Court (Amendment) Rules (Northern Ireland) 2016 (S.R. 2016/302), rules 1, 3(2)(b)(i); S.R. 2016/387, art. 2
- F2
Words in Order 6 rule 3(3) substituted (31.10.2016) by The County Court (Amendment) Rules (Northern Ireland) 2016 (S.R. 2016/302), rules 1, 3(2)(b)(ii); S.R. 2016/387, art. 2
- F3
Words in Order 6 rule 3(3) omitted (31.10.2016) by virtue of The County Court (Amendment) Rules (Northern Ireland) 2016 (S.R. 2016/302), rules 1, 3(2)(b)(ii); S.R. 2016/387, art. 2
Footnotes
- f1
-
Words substituted by S.R. 1995 No. 282 with effect from 1.9.95
- f2
-
Paragraph 2(b) substituted by S.R. 1998 No. 199 with effect from 1.9.98
- f3
-
Words substituted by S.R. 1995 No. 151 with effect from 1.9.95
- f4
-
Words deleted by S.R.1995 No. 151 with effect from 1.9.95
- f5
- f6