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Difference between revisions of "How Do I Substitutionally Serve Someone with Legal Documents?"
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How Do I Substitutionally Serve Someone with Legal Documents? (view source)
Revision as of 18:07, 23 July 2019
, 18:07, 23 July 2019→Applying for an order for substituted service
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You must get the court's permission before the court <span class="noglossary">will</span> accept any other means of service than that set out in Rule 6-3. | You must get the court's permission before the court <span class="noglossary">will</span> accept any other means of service than that set out in Rule 6-3. | ||
Once you have filed your Notice of Family Claim you must apply for an order that you be allowed to serve the respondent substitutionally. You <span class="noglossary">will</span> have to prepare a Notice of Application describing the order that you want the court to make and your affidavit in support of your application. | Once you have filed your Notice of Family Claim, you must apply for an order that you be allowed to serve the respondent substitutionally. You <span class="noglossary">will</span> have to prepare a Notice of Application describing the order that you want the court to make and your affidavit in support of your application. | ||
Your affidavit should set out the reasons why personal service is impossible. If it's because you don't know where the respondent is, you should say so. You should also say that you have no means of contacting the respondent, for example, through family or friends. If you can't serve the respondent because they are avoiding service, you should describe how you've tried to serve the respondent and how often you've tried. | Your affidavit should set out the reasons why personal service is impossible. If it's because you don't know where the respondent is, you should say so. You should also say that you have no means of contacting the respondent, for example, through family or friends. If you can't serve the respondent because they are avoiding service, you should describe how you've tried to serve the respondent and how often you've tried. | ||
Because the respondent hasn't been served you can make your application right away, without having | Because the respondent hasn't been served, you can make your application right away, without having to follow the usual rules that give the respondent time to reply to your application. You can file your application and have your application heard the same day. Apart from this, the remainder of your application <span class="noglossary">will</span> be just like the normal application process that is described in [[How Do I Make an Interim Application in a Family Law Matter in the Supreme Court?]] in the ''How Do I?'' section on ''Interim Applications''. | ||
==Options for substituted service== | ==Options for substituted service== | ||