unit 3 issue and service of proceedings

chanika.carringt
Flashcards by chanika.carringt, updated more than 1 year ago
chanika.carringt
Created by chanika.carringt about 7 years ago
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normal method of service service by a specified method

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unit 3
what should the heading of documents filed in the Registry contain? full title of proceedings; title of document, name of the attorney filing it/ on its behalf, tele ; fax, date; name of the erson below the signatory
When is a document considered to be filed? on the day it is received by the Registry and the fee is paid or an undertaking to pay the fee is received.
What is the procedure for issuing proceedings in fixed claim matters? 27.6 of the CPR the party is required Unless the defendant files an acknowledgement of service the claimant must file evidence on affidavit of service of the claim form and the relevant documents specified in rule 5.2(3) at least 7 days before the first hearing.
what is the Normal Method of Service? Part 5.1 it must be served personally to each defendant. Part 5.3 by handing it or leaving it with the person to be served.
what documents must be served with the claim form? part 8.2 statement of claim, affidavits or other documents.
what is the time frame for service ? Part 8.10 up to 12 months after filing the documents
When can the Claim Form be served on the Defendant's attorney? Where an attorney-at-law (a) is authorised to accept service of the claim form on behalf of the defendant; and (b) has notified the claimant in writing of that authorisation, the claim form may be served on that attorney-at-law
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