OpenLegislation

Rule 6.13 Service of the application where the respondent does not give an address at which the respondent may be served

(1)

This rule applies where—

(a)

rule 6.11 (service of application on solicitor); and

(b)

rule 6.12 (respondent gives address at which respondent may be served),

do not apply and the applicant does not wish the application to be served personally under rule 6.7.

F1(2)

Subject to paragraphs (3) to (5) the application must be served on the respondent—

(a)

if the respondent’s usual email address is known, at that address in accordance with rule 6.7A; or

(b)

if that usual email address is not known, or if the applicant does not seek email service on the respondent, at the respondent’s usual or last known postal address.

(3)

Where the applicant has reason to believe that the respondent no longer resides at his usual or last known F2postal address, F3or no longer has access to the usual email address, the applicant must take reasonable steps to ascertain the current F4postal and email address of the respondent.

(4)

Where, having taken the reasonable steps required by paragraph (3), the applicant—

(a)

ascertains the respondent's current F5email and postal address, the application must be served F6in accordance with paragraph (2); or

(b)

is unable to ascertain the respondent's current F7email and postal address, the applicant must consider whether there is—

(i)

an alternative place where; or

(ii)

an alternative method by which,

service may be effected.

(5)

If, under paragraph (4)(b), there is such a place where or a method by which service could be effected, the applicant must make an application under rule 6.19.

Annotations

Textual amendments

F1

Rule 6.13(2) substituted (6.4.2022) by The Family Procedure (Amendment) Rules 2022 (S.I. 2022/44), rules 1(3)(a), 15(a) (with rule 29); S.I. 2022/283, reg. 2

F2

Word in rule 6.13(3) inserted (6.4.2022) by The Family Procedure (Amendment) Rules 2022 (S.I. 2022/44), rules 1(3)(a), 15(b)(i) (with rule 29); S.I. 2022/283, reg. 2

F3

Words in rule 6.13(3) inserted (6.4.2022) by The Family Procedure (Amendment) Rules 2022 (S.I. 2022/44), rules 1(3)(a), 15(b)(ii) (with rule 29); S.I. 2022/283, reg. 2

F4

Words in rule 6.13(3) inserted (6.4.2022) by The Family Procedure (Amendment) Rules 2022 (S.I. 2022/44), rules 1(3)(a), 15(b)(iii) (with rule 29); S.I. 2022/283, reg. 2

F5

Words in rule 6.13(4)(a) inserted (6.4.2022) by The Family Procedure (Amendment) Rules 2022 (S.I. 2022/44), rules 1(3)(a), 15(c)(i)(aa) (with rule 29); S.I. 2022/283, reg. 2

F6

Words in rule 6.13(4)(a) substituted (6.4.2022) by The Family Procedure (Amendment) Rules 2022 (S.I. 2022/44), rules 1(3)(a), 15(c)(i)(bb) (with rule 29); S.I. 2022/283, reg. 2

F7

Words in rule 6.13(4)(b) inserted (6.4.2022) by The Family Procedure (Amendment) Rules 2022 (S.I. 2022/44), rules 1(3)(a), 15(c)(ii) (with rule 29); S.I. 2022/283, reg. 2