Courts Act, 1964

Service of court documents by post.

7.—(1) In this section—

“Circuit Court document” means any document by which proceedings in the Circuit Court (including appeals from the District Court) are instituted and any other document relating to civil proceedings in the Circuit Court which is a notice, order or witness summons;

“District Court document” means any document by which proceedings in the District Court (other than proceedings by way of summons in which the complainant is a member of the Garda Síochána, a Minister of State, an officer of such a Minister, the Attorney General or an officer of the Revenue Commissioners or proceedings under the School Attendance Acts, 1926 and 1936) are instituted and a witness summons relating to such proceedings.

(2) This section shall apply in relation to the service of Circuit Court documents and District Court documents in any area whenever and so long as no summons server stands assigned to that area by the County Registrar for the county in which the area is situate.

(3) Service of a Circuit Court document or a District Court document may be effected by sending a copy of the document 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 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.

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

(5) (a) Where—

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

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

the Circuit Court or 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 may think proper.

(b) The power conferred on the Circuit Court and District Court by this subsection is without prejudice to any other power of those Courts to make orders for substituted service or for the substitution for service of notice by advertisement or otherwise.

(c) In this subsection “substituted service” means service otherwise than by a summons server or pursuant to subsection (3) of this section.

(6) (a) Where service of a document on a person is effected by sending a copy thereof by registered prepaid post in an envelope addressed to the person pursuant to subsection (3) of this section—

(i) the document shall be deemed to be served upon the person at the time at which the envelope would be delivered in the ordinary course of post,

(ii) the document shall be deemed to be issued at the time at which the envelope is posted,

(iii) the addressing, registering and posting, in accordance with the provisions of subsection (3) of this section, of the envelope may be proved by a statutory declaration (which shall be endorsed upon the original document and shall be made, not earlier than ten days after the day on which the envelope is posted, by the person who posted the envelope) exhibiting the certificate of posting of the envelope aforesaid and stating, if it be the case, that the original document was duly stamped at the time of posting and that the envelope has not been returned undelivered to the sender, and

(iv) the time, date and place of posting of the envelope shall be endorsed upon the original document.

(b) Where a document of which service is effected pursuant to subsection (3) of this section falls to be lodged at any court office, the endorsement specified in subparagraphs (iii) and (iv) of paragraph (a) of this subsection shall be effected thereon before lodgment at that office.

(7) Where a Circuit Court document or a District Court document is required by law to be stamped, service thereof pursuant to subsection (3) of this section shall have no effect or validity unless at the time of such service the document bears a stamp or stamps of the character and value required by law.

(8) Section 44 of the Court Officers Act, 1926 , shall not be construed as requiring that one or more summons servers shall be attached at all times or at any time to every or any circuit court office.