Service of process Flashcards
Which rule of the Small Claims Court rules determines how documents are served?
Rule 8
Per Rule 8.02, a plaintiff’s claim or defendant’s claim must be served
personally or by an alternative to personal service?
How can a defence be served?
- mail courrier
- personally
- an alternative to personal service
What are the alternatives to personal service?
- service at place of residence (leaving a copy or mailing a copy)
- at the head office or principal place of business of the corporation
When is service by alternative method considered effective?
on the 5th day after the document is mailed
WHen is service by mailing to last known address considered effected?
on the 20th day after the date of mailing if an affidavit of service indicates:
- the deponent believes the address is the last known address of the person to be served, and gives reasons for that belief
- indicates the claim has not been returned to the deponent
- indicates the deponent has no reason to believe that the person to be served did not receive the claim
How is a summons to witness to be served?
Personally by the party requiring attendance of the witness, at least 10 DAYS BEFORE the trial date, along with attendance $$ calculated in accordance with the regulations made under the Administration of Justice Act
The following shall be served by mail, courier, personally, or by an alternative to personal service
- notice of garnishment w sworn affidavit for enforcement request
- notice of garnishment with a garnishee’s statement
- notice of garnishment hearing
What is the process of using a process server?
once the server serves the document, they will provide an affidavit of service required pursuant to rule 8.09(12). They may also provide documentation of attempted service for a motion for substituted service under rule 8.04
Instructions to a process server should include:
- any details about the person to be served
- the capacity in which the person is being served
- general information about when the person served will be at their home/work/expected location of service
What is the process for service on an individual?
delivering a copy of the document into the hands of that person, excluding those with a disability
What is the process of service on a corporation?
leaving a copy of the document with an officer, director, or person authorized to act on behalf of the corporation, or person who appears to in control or management of the place of business
What is the process of personal service on a partnership?
leaving a copy of the document with any one or more of the partners or whith a person at the principal place of business who appears to be in control/management
What should be served along with the claim against a partnership using the firm name, where the plaintiff seeks an order that will be enforceable personally against a person as a partner?
A copy of the claim along with a notice to alleged partner, form 5A
What is the process of personal service on a sole proprietorship?
leaving a copy of the document w the sole proprietor or with a person at the principal place of business who appears to be in control/management of the place of business.
