OpenLegislation

Rule 2.10 Proof of service

Northern Ireland

(1)

A petition shall be deemed to be duly served if—

(a)

an acknowledgement of service in Form M6 [f1 or Form M6A] is signed by the party to be served or by a solicitor on his behalf and is returned to the Matrimonial Office, and

(b)

where the form purports to be signed by the respondent, his signature is proved at the hearing.

(2)

Where a copy of a petition has been sent to a party and no acknowledgement of service has been returned to the Matrimonial Office, the Master, if satisfied by affidavit or otherwise that the party has nevertheless received the document, may direct that the document shall be deemed to have been duly served on him.

(3)

Where a copy of a petition has been served on a party personally and no acknowledgement of service has been returned to the Matrimonial Office, service shall be proved by filing an affidavit of service in Form M7 showing the server’s means of knowledge of the identify of the party served.

(4)

Where a solicitor has accepted service of a petition in accordance with rule 2.9(8), a copy of his receipt accepting service of the petition shall be lodged in the Matrimonial Office.

(5)

Where an acknowledgement of service is returned to the Matrimonial Office, the proper officer shall send a photographic copy thereof to the solicitor for the petitioner or to the petitioner if he sues in person.

Annotations

Footnotes

f1

Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

Notes on Part II

Footnotes

f1

Words inserted by S.R. 2005 No. 497 with effect from 05.12.05