Civil Law (Miscellaneous Provisions) Act 2008

16.

Amendment of section 7 of Courts Act 1964.

16.— Section 7 of the Courts Act 1964 is amended—

( a) by substituting the following for subsections (2) to (4):

“(2) This section shall apply in relation to the service of any Circuit Court document and any District Court document in any area notwithstanding the fact that a summons server may stand assigned to that area by the County Registrar for the county in which the area is situate.

(3) Subject to subsection (5), the service of a Circuit Court document or a District Court document may be effected by any of the following methods:

( a) the sending of a copy of the document by registered prepaid post in an envelope addressed to the person to be served at his or her last known residence or place of business in the State and the document may be posted by the person on whose behalf it purports to be issued or a person authorised by him in that behalf;

( b) personal service (including such service by a person other than a summons server) upon the person to be served, in such manner as may be prescribed by rules of court, or upon such person on behalf of the person to be served, and in such manner, as may be so prescribed; or

( c) by such other means as may be prescribed by rules of court.

(4) The service of a Circuit Court document or a District Court document upon a person pursuant to subsection (3)( a) shall, upon proof that the envelope containing a copy of the document was addressed, registered and posted in accordance with that subsection, be deemed to be good service upon the person unless it is proved that such copy was not delivered.”,

( b) by substituting the following for paragraph ( a) of subsection (5):

“( a) Where—

(i) a person upon whom it is proposed to effect service of a document pursuant to subsection (3)( a) or ( b) is outside the State or his or her whereabouts are unknown and cannot be ascertained by reasonable inquiries,

(ii) an envelope containing a copy of a document intended to be served upon a person pursuant to subsection (3)( a) is sent to the person by registered post and returned undelivered to the sender,

(iii) personal service in accordance with subsection (3)( b) cannot be promptly effected, or

(iv) in a case to which subsection (3)( c) is applicable, the circumstances, prescribed by rules of court for the purposes of this subparagraph, occur,

the Circuit Court (and, in the case of proceedings before that Court, the County Registrar for the county in which the proceedings have been instituted) or the District Court, as may be appropriate, may make such order for substituted service or for the substitution for service of notice by advertisement or otherwise as it (or, in the case of the County Registrar, he or she) may think proper.”,

( c) in subsection (6)—

(i) in paragraph ( a)—

(I) by substituting “person pursuant to subsection (3)( a)” for “person pursuant to subsection (3) of this section”, and

(II) in subparagraph (iii), by substituting “subsection (3)( a)” for “the provisions of subsection (3) of this section”,

and

(ii) in paragraph ( b), by substituting “subsection (3)( a)” for “subsection (3) of this section”,

and

( d) in subsection (7), by substituting “subsection (3)( a)” for “subsection (3) of this section”.