Rules of the Superior Courts (Service) 2017.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: (1) These Rules, which may be cited as the Rules of the Superior Courts (Service) 2017, shall come into operation on 27 November 2017.
(2) These Rules shall be construed together with the Rules of the Superior Courts.
(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2017.
num: 2
paragraphs: The Rules of the Superior Courts are amended:
(i) by the substitution for rules 14 and 15 of Order 4 of the following rules:
“14.The solicitor of a plaintiff shall indorse upon the summons and notice in lieu of service of a summons, the address and occupation or description of the plaintiff and also his own name or that of his firm and:
(i) the registered place of business where documents may be left for him, and
(ii) where the plaintiff’s solicitor consents to the receipt of such documents by electronic mail, his or her electronic mail address (in lieu of his or her registered place of business) to which documents in the proceedings may be sent in electronic form.
15. A plaintiff suing in person shall indorse upon the summons and notice in lieu of service of a summons his occupation or description and:
(i) an address for service, where documents may be left for him, and
(ii) where the plaintiff consents to the receipt of documents in the proceedings by electronic mail, his or her electronic mail address (in lieu of an address for service) to which documents may be sent in electronic form.”;
(ii) by the substitution for rule 2 of Order 9 of the following rule:
“2.(1) Service of any summons on the defendant shall, except in the cases in the following rules of this Order specified, be effected:
(i) by personal service upon the person to be served, or
(ii) by personal service upon another person referred to in sub-rule (2) on behalf of the person to be served, or
(iii) by the sending of a copy of the summons by registered prepaid post in an envelope addressed to the person to be served at his last known residence or place of business in the State, or at an address in the State for service provided by the person to be served, provided that such service shall not be deemed effective without proof of delivery of the said envelope to the address of the person to be served, or
(iv) where the defendant is a company, in accordance with section 51 of the Companies Act 2014 .
(2) Where it shall appear by affidavit that the defendant is personally within the jurisdiction and that due and reasonable diligence has been exercised in endeavouring to effect personal service on him or her, service of the summons may be effected by delivering a copy thereof at
(a) the defendants usual or last known place of residence within the jurisdiction, or
(b) the defendants principal or last known place of business or office,
to the wife, husband, civil partner (within the meaning of section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ) father, mother, brother, or sister of the defendant, or to any employee of the defendant (the person to whom such copy shall be delivered being of the age of sixteen years or upwards)
and showing to such person the original or duplicate original of such summons.”
(iii) by the substitution for rule 12 of Order 9 of the following rule:
“12.(1) The person serving a summons shall, within three days at most after service, indorse on the summons the day and date of the service thereof; and every affidavit of service of such summons shall mention the date on which such indorsement was made.
(1A) An Indorsement of service by prepaid registered post shall be in the following terms:
“INDORSEMENT OF SERVICE
I served the within summons on [person to be served] by posting the same by prepaid
registered post to [him] [her] at [address] on the…day of ……..20…”
Signed …………………….
This... day of …………..20..”
(2) Every affidavit of service of a summons by prepaid registered post shall exhibit proof of delivery of the envelope in which a copy of the summons is contained to the address of the person to be served.”;
(iv) by the substitution for rule 16 of Order 9 of the following rule:
“16.This Order shall, so far as practicable, apply to an originating document and to notice in lieu of service, save where any other Order of these Rules requires personal service of such document or notice.”;
(v) by the substitution for rules 6 and 7 of Order 12 of the following rules:
“6.The solicitor of a defendant shall state in the memorandum of appearance:
(i) his registered place of business, or
(ii) where the defendant’s solicitor consents to the receipt of documents in the proceedings by electronic mail, his or her electronic mail address (in lieu of his or her registered place of business) to which documents may be sent in electronic form.
7. A defendant appearing in person shall state in the memorandum of appearance:
(i) an address for service where documents may be left for him, or
(ii) where the defendant consents to the receipt of documents in the proceedings by electronic mail, his or her electronic mail address (in lieu of his or her address for service) to which documents may be sent in electronic form.
7A.In—
(a) any proceedings where entry of an appearance is not required, or
(b) any case where consent to the receipt of documents in the proceedings by electronic mail has not been endorsed in accordance with rules 14 or 15 of Order 4 or stated in accordance with rules 6 or 7 of this Order
a solicitor or party may give notice of such consent by letter in writing sent by ordinary pre-paid post to the other party or, if that party is legally represented in the proceedings, that party’s solicitor.”, and