Rule 11.4 Service of applications on notice
Subject to F1F2paragraphs (3) F3and (7), where an application is made on notice, the applicant must serve a copy of the application, together with the notice of proceedings, personally on—
the respondent;
the person who is the subject of the proceedings (if that person is neither the applicant nor a respondent); and
any other person directed by the court,
not less than 2 days before the date on which the application will be heard.
Where the applicant is an individual, the application must not be served personally by the applicant himself or herself.
The court may abridge the period specified in paragraph (1).
Where the application is served on the person who is the subject of the proceedings, it must be accompanied by a notice informing that person—
how to apply to become a party to the proceedings; and
of that person's right to make representations in writing or orally at any hearing.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where an application is served by the applicant, the applicant must file a certificate of service stating the date and time of personal service F8on each party served.
This rule is subject to rule 6.23A (which specifies how service is to be effected on a person where there are reasonable grounds to believe that person is residing in a refuge).
Annotations
Textual amendments
- F1
Words in rule 11.4(1) substituted (6.4.2017) by The Family Procedure (Amendment) Rules 2017 (S.I. 2017/413), rules 1, 4(2)(a)
- F2
Word in rule 11.4(1) substituted (13.1.2025) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(b), 7(1)(a)(i)
- F3
Words in rule 11.4(1) inserted (13.1.2025) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(b), 7(1)(a)(ii)
- F4
Rule 11.4(1A) inserted (6.4.2017) by The Family Procedure (Amendment) Rules 2017 (S.I. 2017/413), rules 1, 4(2)(b)
- F5
Words in rule 11.4(3) substituted (13.1.2025) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(b), 7(1)(b)
- F6
Words in rule 11.4(3) inserted (17.7.2015) by The Family Procedure (Amendment No. 2) Rules 2015 (S.I. 2015/1420), rules 1(2), 8(a)
- F7
Rule 11.4(5) omitted (17.7.2015) by virtue of The Family Procedure (Amendment No. 2) Rules 2015 (S.I. 2015/1420), rules 1(2), 8(b)
- F8
Words in rule 11.4(6) inserted (17.7.2015) by The Family Procedure (Amendment No. 2) Rules 2015 (S.I. 2015/1420), rules 1(2), 8(c)
- F9
Rule 11.4(7) inserted (13.1.2025) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(b), 7(1)(c)
Notes on Part 11
Textual amendments
- F1
Words in Pt. 11 heading inserted (17.7.2015) by The Family Procedure (Amendment No. 2) Rules 2015 (S.I. 2015/1420), rules 1(2), 3