Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 35

Proof of service

35. Proof of service



(1) Service of a summons to answer to a charge may be proved by-

   (a)  evidence on oath; or

   (b)  affidavit; or

   (c)  declaration.

(2) Evidence of service must identify the summons served and state the time
and manner in which service was effected.

(3) A document purporting to be an affidavit or declaration under subsection
(1)(b) or (1)(c) is admissible in evidence and, in the absence of evidence to
the contrary, is proof of the statements in it.

(4) The informant must file any affidavit or declaration of service with the
appropriate registrar at least 7 days or, in the case of service of a summons
to which section 34(1)(a)(i) applies, at least 48 hours before the mention
date.