Service
Service
The service of any summons on the defendant must be undertaken by personal service if it is reasonably practicable. ersonal service is effected by delivering a copy of the summons to the defendant in person and showing him the original or duplicate original.
The service of the summons is not required when the defendant by his solicitor accept service and undertakes in writing to enter an appearance.
Where it appears by affidavit that the defendant is within the jurisdiction and that due and reasonable diligence has been exercised in endeavouring to effect personal service, service may be effected by delivering a copy at the defendant’s house or place of residence or at his office, warehouse, counting house, shop, factory or place of business, to the wife, husband, child, mother, father, brother, sister of the defendant or to any employee or clerk of the defendant, being sixteen years and upwards by showing to such person the original or duplicate original of such summons.
At least three attempts are normally required at reasonable hours to effect personal service before service on others is permitted. In some cases, however, fewer attempts than three may be appropriate where it is clear that the defendant is avoiding service.In cases of doubt, it may be necessary to apply for an order deeming the service to be sufficient.
Service may be made on a connected or related party only where the defendant is within the jurisdiction. Where the defendant appears to be within the jurisdiction and claims that he is not so the onus will be on him to prove it. Absence from the jurisdiction for the purpose evading service is not sufficient to effect valid service on a connected person
Defendants Lacking Capacity
Where a minor is a defendant in any proceedings, service on his father, mother or guardian or if none, then upon the person with whom the infant resides or under whose care he is, shall, unless the Court otherwise orders, be good service. The Court may order that service made or to be made on the infant shall be deemed good service.
Where a person lacking mental capacity whether formally so found or not, is a defendant, service on his committee or in the case of a person with whom the person of unsound mind resides or under whose care he is, shall be deemed good and sufficient, unless the Court otherwise orders.
Corporates / Partnerships
Service may be effected on a company by sending a copy of the summons etc or leaving it at the registered office of the company registered with the Companies Registration Office. If the company has not filed a notice of its registered office the company proceedings may be served at the Companies Registration Office itself.
Partners may be served by service on one or more of the partners or at their principal place of business on a person having control and management of the partnership business there. This is deemed good service on the firm, provided it still exists.
In the absence of statutory provision otherwise, every summons issued against a corporation may be served on the mayor, other head officers, town clerk, clerk, treasurer or secretary of such corporation. A summons against the inhabitants of a district may be served on any officer of An Gárda Síochána of Superintendent or a rank above, in the relevant district. Every summons issued against the inhabitants of a city or town, franchise, liberty, may be served on a peace officer thereof.
In all such cases, a sufficient notice of the issuing of the summons shall be given in Iris Oifigiúil and in one of the local newspapers in the county, city or district in which the defendant or the officer or another person to be served, shall reside.
Recovery of Land
There are special rules in relation to particular types of actions including those relating to recovery of land. The court rules by the particular provisions specify what constitutes sufficient service in such cases.
In an action brought to recover land for non-payment of rent or over holding, it shall not be necessary to serve the summons on any person other than the person or persons in the actual possession of the land or part thereof, as tenant or under-tenant. In other actions for the recovery of land, it shall be necessary to serve every person in actual possession or in receipt of the rents and profits of the lands or part thereof, unless the Court otherwise directs.
In actions for the recovery of land, the service of a summons may be effected by personal service on the person to be served at any place in the jurisdiction or by delivering a copy of summons to a spouse, parent, child, brother or sister, at his house, office or place of business with a person aged sixteen years and upwards, by showing to such person the original or duplicate and delivering a copy.
The service of a summons in an action to recover land may, in the case of vacant property, when it cannot be otherwise effected, be made by posting a copy of the summons upon the door of the dwelling house or other conspicuous parts of the property. However, before any judgement by default shall be given, the Court shall be satisfied that there is no person in actual possession or in receipt of the rents and profits on whom other service might have been effected.
Indorsing Summons and Proving Service
The person who serves a summons shall, within three days, indorse on the summons the day and date of the service. Every affidavit of service shall state the date on which the indorsement is made.
An affidavit of service of a summons in actions for recovery of land, for non-payment of rent or overholding, shall state that the deponent does not know any person, other than those who have been served, who is in actual possession of the land sought to be recovered, as tenant or sub-tenant.
An affidavit of service of a summons in other actions for recovery of land, shall state that the person swearing does not know and does not believe there is any person, other than those served, is in actual possession or in receipt of the rents and profits of the land sought to be recovered, or any part thereof. This is to be verified by an affidavit of the plaintiff or a solicitor for the plaintiff.
The above provisions apply both to a summons and to proceedings not commenced by summons and to notice in lieu of summons. In any case generally, upon just grounds, the Court may declare service actually effected sufficient.
Substituted Service
If it appears to the Court that the plaintiff is for any reason unable to effect prompt personal service or other service allowed by the Rules, the Court may make an order for substituted service or for a substitution for service of notice by advertisement or otherwise.
The application to the Court for an order for substituted or other service shall be supported by an affidavit setting forth the grounds upon which the application is made. Where an order is granted, a copy of the order for substituted service shall be served along with the summons.
Substitute Service Applications
It is possible (and common) for the plaintiff to make an applications to court to have the mode of service effected declared sufficient. The application is made by way of one-sided application based on an affidavit setting out the attempts to serve the defendant ,belief that he is in the jurisdiction at a particular place or is evading service. It should set out details of the attempts to make personal service and set out all the relevant facts.
If it appears that the plaintiff is unable to effect prompt personal service the court may make an order for substituted service. This may be by advertisement or such other manner the court deems appropriate. The court can look at the facts and consider the appropriate and flexible method of bringing the proceedings to the attention of the defendant.
An application should be made in the same way as above setting out much the same facts and the attempts that have been made to effect personal service. The proposed method of substituted service might be set out.
The court may permit substituted service by registered post or by placing it in a letterbox or otherwise. Service may be made allowed by advertisement.
Further Pleadings where no Appearance
In the case of default of appearance by a defendant to an originating summons, the claimant shall in the case of a plenary summons, deliver a statement of claim by filing the same in the Central Office, in the case of a special summons, by filing a grounding affidavit in the Central Office and in the case of a personal injury summons, a summary summons or other originating documents by filing an affidavit in the Central Office, verifying the facts relied upon and thereupon may apply to Court for judgement in default of appearance.