<\/span><\/h3>\nA documents may be served on a company by leaving it at or posting it to its registered office.\u00a0 If the company that has not given notice of the situation of its registered office, it may be served at the Companies Registration Office. A local authority, club, a statutory body may be served by leaving a copy of a document with any employee of the authority, board or society at its principal office or by sending it by registered post to the principal office.<\/p>\n
Service on a partner must be made on any one or more of the partners or at the principal place of business within the State, on a person having control and management of the partnership business there.<\/p>\n
A document may be effectively served on a child if served on his parent, guardian, or person with actual custody of the child. If the child has no mother, father or guardian, it may be served on the person with whom the child resides or on whose care the child is or on the child\u2019s solicitor, unless the Court otherwise directs.<\/p>\n
Service on a person of unsound mind may be made on his solicitor, committee, guardian ad litem or on the person with whom that person resides or under whose care he is unless the Court otherwise directs. Service on a prisoner or person detained in a place of detention may be made on the person in charge of the prison or place of detention, unless the Court otherwise decides.<\/p>\n
Various Service Issue<\/p>\n
Service of a document may be made on a solicitor acting on behalf of the party concerned.\u00a0 It may be effective if it is delivered to the solicitor, left at the solicitor\\’s office, sent by post or document exchange to the solicitor.<\/p>\n
In the case of document exchange delivery, delivery is effective, provided the solicitor concerned has confirmed in writing to the parties serving the document that he will accept documents through the document exchange service designated by him. \u00a0This may be revoked by notice in writing. Statutory declarations verifying delivery or service through document exchange must exhibit a written confirmation of the solicitor\\’s consent.<\/p>\n
Where the Court is satisfied for good cause, which shows that service cannot be effected in the manner prescribed by the Rules, the Court may make an order for substituted service.\u00a0 The service may be permitted to be made by advertisement or other notice. Particulars of the order for substituted service must be endorsed on the original and each copy of the document served.<\/p>\n
An application for substituted service may be made on an ex parte (single sided) application. Where the Court is satisfied that any particular method of service is not then available, it may by order in writing direct that the service of documents be effected in another manner as it may think proper. The Court may, if it considers just, deem service of any document actually effected in civil proceedings to be good and effective even though the rules were not complied with.<\/p>\n
Proof of service may be given by evidence given verbally or a statutory declaration in a prescribed format.\u00a0 In the case of service by registered post, the declaration must be given not earlier than 10 days after the date of posting.\u00a0 A person who proves service by statutory declaration need not attend Court.<\/p>\n
Where service is made by the registered prepaid post or ordinary post, it is deemed served when the envelope is or would be delivered in the ordinary course of post.<\/p>\n
Service is invalid unless the original document is stamped as required under the Court Fee Rules.<\/p>\n
Save where otherwise provided by another enactment or by these Rules, a document which must be served before a hearing in the Court must be served at least seven days or, in the case of service by registered prepaid post, at least 21 days, before the date fixed for the hearing concerned.<\/p>\n
Subject to any order or direction of the Court, a document which must be filed with the Clerk before a hearing in the Court, including any statutory declaration of service, must be filed at least four days or, in the case of filing by prepaid post, at least seven days, before the date fixed for the hearing concerned.<\/p>\n
A document which must be filed with the clerk before the hearing including statutory declarations of service must be filed at least four days or in the case of filing by prepaid post, at least seven days before the date of the hearing.<\/p>\n
<\/span>Service outside the State<\/span><\/h3>\nThere are special rules for service of \u00a0District Court proceedings outside the State.\u00a0 See separately, the sections on European Union rules and International Conventions in respect of service outside the jurisdiction. Where European Union regulations apply, the prior consent of Court is not required. \u00a0In other cases, the Hague Convention requires an application for permission to serve outside the State.\u00a0 The application is made ex parte and supported by affidavit or other evidence showing that there is a good basis for making the claim.<\/p>\n
Service may be effected outside the State<\/p>\n
\n- in proceedings for ejectment where the premises is within the State<\/li>\n
- in the case of a contract, where the contract is made in the State or through an agent trading or residing in the State or by its terms governed by Irish law;<\/li>\n
- in proceedings for breach of contract committed in the State whenever the contract is made;<\/li>\n
- in proceedings in tort, where the tort is committed in the State;<\/li>\n
- where relief is sought against a domiciled or ordinarily resident person;<\/li>\n
- where a person outside the State is a necessary or proper party, proceedings duly served within the State and<\/li>\n
- in proceedings relating to a child or person of unsound mind domiciled in the State.<\/li>\n<\/ul>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
District Court Civil Procedure Rules. The District Court Civil Procedure Rules were reformed significantly upon the occasion of the increase in District Court jurisdiction in February 2014.\u00a0 The changed rules followed the significant increase in the value of civil cases within the jurisdiction of the District Court. The rules apply to civil proceedings, which cover\u00a0all […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[316],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21353"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=21353"}],"version-history":[{"count":0,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21353\/revisions"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=21353"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=21353"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=21353"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}