Below is a summary of some of the rules about service but you should look at Part 12 of the King’s Bench Rules of Court for detailed information about serving court forms. There are special rules about serving entities such as corporations, partnerships and a sole proprietorship.
There are rules about how court forms can be served and how service can proved to the court.
Court forms to start a case, such as a Statement of Claim, must generally be served in-person. Other court forms can also be served in-person although there may be other ways to serve these forms as well.
You can hire a process server or the Court Sheriff to serve the court forms for you. The court forms can also be served by you or any other adult who knows the other party and can identify them or can confirm the other party’s identity by asking them for identification.
The other party is served by handing them a copy of all the court forms and telling them that they are being served with court forms. If the other party refuses to accept the court forms they can be left close to the other party.
If the party is represented their lawyer must be served.
If there is already a court form on file at the courthouse with the person’s address for service on it, they can be served at that address by courier, mail, fax or electronically (for example email). There are different requirements for different methods of service.
When documents are served by courier they generally must be left at the address for service with an adult who appears to be part of the household or the business being served. If no one is home the documents can be left in the mailbox or, in the case of a business, in their mailbox as long as it is during regular business hours.
To serve by ordinary mail the documents are simply placed in an envelope and mailed to the address for service. You may also choose to serve documents by registered mail.
If documents are served by fax there must be a cover page that includes the:
If documents are served by email the email must include the:
The email must also include a statement that the original documents have been signed and have or will be filed with the court, as well as a time and place when the party can come and see the original documents.
Service is proved by filing an Affidavit of Service using Form 12-15 of the King’s Bench Forms. You fill out the parts of the form that apply to the way you served the other party. If you served by fax or registered mail, the confirmation of delivery must be attached as an Exhibit to the Affidavit. If you received confirmation of service electronically (such as by email) you must attach a hard copy of the confirmation. If you used a courier you attach the receipt.
If you served the other party’s lawyer service is proved by filing an Acknowledgement of Service in Form 12-3 signed by the lawyer. If you hired a Sheriff, Deputy or Bailiff, service is proved by filing a Certificate of Service in Form 12-14.