OpenLegislation

Rule 6 Resistance to service; substituted service

Northern Ireland

(1)

Where [f1 the judge or district judge as the case may be] is satisfied, on an application made by the plaintiff either in court or chambers, that the process server has been prevented by forcible resistance, or by reasonable apprehension of personal injury, from serving the civil bill upon anyone in person, [ the judge or district judge as the case may be] may order that a copy of the civil bill be sent by registered post to the person to be served and that a copy be posted on such courthouse as [ the judge or district judge as the case may be] may direct, together with a notice stating that such copy is respectively sent and posted by order of [ the judge or district judge as the case may be], and that such sending and posting is good service.

(2)

Where [ the judge or district judge as the case may be] is satisfied, on an application made by the plaintiff either in court or chambers, that for any reason due service of the civil bill cannot be effected promptly, [f2 the judge or district judge as the case may be] may make such order for substituted service, or for notice by advertisement in substitution for service, or otherwise as he thinks just.

(3)

An order under paragraph (1) or paragraph (2) shall state the day on which the action will be heard, and a copy of the order shall (except where the service is to be by advertisement) be posted or served along with the civil bill.

(4)

An application for an order under this Rule may be grounded on an affidavit stating the facts on which the applicant relies.

Annotations

Footnotes

f1

Words amended by S.R. 2013 No. 19 with effect from 25.02.13

f2

Words amended by S.R. 2013 No. 19 with effect from 25.02.13