RULES OF THE SUPREME COURT 1971 - ORDER 70 RULE 13

RULES OF THE SUPREME COURT 1971 - ORDER 70 RULE 13

13 .         Personal service on person under disability

        (1)         Where in any proceedings, a document is required to be served personally on any person and that person is a person under disability then, subject to Order 26 rule 15(3) and Order 27 rule 8(3), personal service must be effected in accordance with this rule.

        (2)         Where the person under disability has a next friend or guardian ad litem in the proceedings the document may be served on such next friend or guardian.

        (3)         If the person to be served is a person under disability only because of infancy and has no next friend or guardian ad litem in the proceedings, the document may be served — 

            (a)         if the person is aged 16 years or upwards, on the person; or

            (b)         on one of the person’s parents or the person’s guardian; or

            (c)         if the person has no parent or guardian, on the person with whom the person resides or in whose care the person is.

        (4)         If the person to be served is a represented person as defined in the GAA Act section 3(1) and has no next friend or guardian ad litem in the proceedings, the document may be served —

            (a)         on the Public Trustee if the person is a represented person as defined in the Public Trustee Act 1941 section 2; or

            (b)         on the person with whom the represented person resides or in whose care the person is.

        (5)         Notwithstanding anything in subrules (2), (3) and (4) the Court may order that a document which has been, or is to be, served on the person under disability, or on a person other than a person mentioned in that subrule is taken to be duly served on the person under disability.

        (6)         A document served pursuant to any of subrules (2) to (5) must be served in the manner required by these rules with respect to the document.

        (7)         A judgment or order requiring a person under disability to do, or refrain from doing any act, a notice of motion or summons for the committal of any person under disability, and a subpoena against any such person, must notwithstanding anything contained in subrules (2) to (5), be served personally on the person, unless the Court otherwise orders.

        (8)         Subrule (7) does not apply to an order for interrogatories or for discovery or inspection of documents.

        [Rule 13 amended: Gazette 15 Jun 1973 p. 2250; 22 Jul 1994 p. 3748; 21 Feb 2007 p. 576; 28 Jun 2011 p. 2552‑3 and 2555; SL 2020/242 r. 9(27)-(30).]