What is personal service?
To serve a document by means of personal service, you, or someone acting on your behalf, will first be satisfied that the person being handed the Court document is in fact the named party, within the document (for example,the defendant). Should the party refuse to accept the Process Service of subject documents in their hands, you may than drop it on the floor at his or her feet. The person who serves the document would note this event in his or her affidavit of service because it is a related detail.
Rules of Court to review for Process Service to satisfy Supreme Court of Canada:
What is the procedure for service of documents (Rule 20)?
1. Whom do I have to “serve”?
- Each “counsel” or “agent” of all other parties.
- If a party is not represented by counsel, the party him or herself.
2. What do I have to serve?
- Any documents filed with the Supreme Court of Canada. These include your application for leave to appeal and any document filed in support, and your reply. Letters sent to the Court do not need to be served in accordance with the procedures set out below, but you must always send copies of them to the other parties by regular mail.
- You must also send, by ordinary mail or fax, a copy of your notice of application for leave to appeal to any party in the court appealed from who is not named in the style of cause of the application for leave to appeal.
3. How do I serve them?
- You may serve documents by personal service (this means in person) as long as you file with the Court your original document “endorsed” (signed) on the back cover by the served party.
- You may serve documents by registered or certified mail as long as you file with the Registrar
- application for leave to appeal sample book an “affidavit of service” and
- the post office receipt bearing the tracking number
- You may serve documents by courier as long as you file with the Registrar
- an “affidavit of service” and
- the courier’s way bill and proof of delivery (status of the delivery).
- You may not serve by fax.
- You may not serve by e-mail (electronic mail).
- You may not serve by ordinary mail, with the exception of your reply which can be served by ordinary mail. If you serve your reply by ordinary mail, you must file with the Registry an “affidavit of service”.
4. When can I serve them?
Any weekday other than a holiday.
Rules of Court to review for Court of Appeal of New Brunswick:
APPEALS
18 Service of Process
62 Civil Appeals to the
Court of Appeal
63 Criminal Appeals to the
Court of Appeal
64 Summary Conviction
Appeals to the Court of Queen’s Bench
Rules of Court to review for Court of Queen's Bench of New Brunswick:
SERVICE
18 Service of Process
19 Service Outside New
Brunswick
20 Time for Delivery of
Statement of Defence
Rules of Court to review for Provincial Court of New Brunswick :
Rule 5 - Service of Documents
- Form 5A Affidavit of Service
Rules of Court to review for Small Claims Court of New Brunswick:
A. Serving Documents
Decide How to Serve
Serving documents on another party means giving them the documents. If you are required to serve documents on another party, you may consider the following options:
To learn about the full details of the procedure for serving documents you should review Rule 18 of the New Brunswick Rules of Court. If you are serving someone outside of New Brunswick, see also Rule 19.
- You can ask a friend to do it.
- You may serve the documents yourself.
- You can send the documents by prepaid mail or courier.
Get Proof of Service
You will need proof of service to show the Clerk that you served the other party (which might be the Defendant(s), Third Parties or Witnesses). To prove service, the server must swear or affirm and sign an Affidavit of Service (Form 18B) in front of a Commissioner of Oaths. The affidavit states that the server gave the documents to the party being served. After the server has signed it, the Commissioner of Oaths will then sign and date the form.
What is a Commissioner of Oaths? Someone who has made an application for Appointment as Commissioner of Oaths to the department of Justice and Consumer Affairs, who thereafter received a scheduled testing date having paid a nominal fee, perhaps $75 dollars, writes the test, then receives confirmation of 5 year Appointment of Commissioner of Oaths. These people rarely charge for their services as opposed to a NOTARY PUBLIC which is a much more involved procedure, involving copies, filing stamping seals, et cetera, furthermore, in most peoples cases is a ceremony unnecessary for the occasion. acting in the capacity of has the authority to witness a sworn statement. All lawyers in New Brunswick are Commissioners of Oaths although their secretaries are likely Commissioners of Oaths.Commissionaires are usually commissioners of Oaths.
If the server uses prepaid mail or prepaid courier, the party being served MUST sign the Acknowledgment of Receipt Card (Form 18A) and return it to the server. Another way to get proof is for the server to get the signature of the party being served. Be sure that you do not sign a release agreement for the courier to leave the package without getting that person's signature.
If you use Canada Post's Registered Mail service, they will provide confirmation that they received the item for mailing and that the item arrived at its destination. Insist that the only person who can sign for it is the party being served. You can get a copy of their signature and the date the package was delivered by calling 1-888-550-6333, though some restrictions may apply. Canada Post can fax the signature to you or you can view the signature online. You may also get a hard copy of the signature from Canada Post if necessary, for a fee. The server must still complete and swear an Affidavit of Service and return it to you. Be sure to attach the signed Acknowledgement of Receipt and/or other proof of receipt to the Affidavit of Service.
File the Affidavit of Service
A party who has served documents on other parties must return copies of the completed Affidavit of Service to the Clerk of the Court of Queen’s Bench. (If the service was done by prepaid mail or prepaid courier under Rule 18.03(3) to (5), they must also attach the Acknowledgment of Receipt.) The Clerk will put this form in the file for the case to prove that the other parties involved in the case have been informed. Copies of the documents that were served on the party must be attached to the Affidavit of Service.
During a litigation process one may need to Court Document Process Serve Court documents, upon the Parties of an Action, links to the relevant Rules of Court are provided above,
When Process Serving Documents one will be generally either providing the documents to that named Party in person, sending the Court documents by Registered mail or Serving their solicitor, who as an agent represents them.
Process Serving 101
When Process Serving in person, if at all possible, I process serve in pairs, so that we can witness each other and or photograph / video the event so as to have a record of successful service and or the attempts which were made. I remember to document every thing, such as the times at which service was attempted, what I had seen at that time, etcetera, this may be useful later if it turns out that the intended Party is avoiding service attempts.
I collect as much information as possible so as to be able to identify the individual:
Name
Address home
Address at work
Car they travel in
Description of the individual/picture
Birth Date
Eye colour
Hair colour
Height
When serving an individual, I identify them by name, one might ask, “are you mike Reynolds, class of 86?” or have someone introduce you, such as being introduced by a work colleague.
I declare, the time, that they are being served legal documents that require immediate attention because they are named Defendants or as the case may be.
If they do not accept the serviced documents in their hands when they are handed the documents, then I leave the documents within reach, at their feet or on a nearby table and leave.
I immediately after Service, write down the time served, and any relevant details, such as who introduced me, the names of those involved, times that events occurred. If I am serving for someone else I will Contact the client for whom I have been retained for service and let them know when where and how service has successfully occurred. As soon as possible, I prepare the Affidavit, swear it out and provide it to my client, or swear it out for my own use if it for your own litigation purposes, one can serve your own Court documents if one are a per se litigant.
I refer to the Rules of Court, through the link above provided, if I decide to send the documents by registered mail.
One I have the contact information for the Solicitor representing the other side, Service becomes much easier. The relevant rules of Court, Rule 18.07, of the Rules of Court for Service on a Solicitor of Record are as follows:
18.07 Service on Solicitor of Record
(1) Where service of a document on the solicitor of
record for a party is authorized or required by these rules,
the document may also be served
(a) by leaving a copy with an employee in the office
of the solicitor, or
(b) by telephone transmission producing a facsimile
of the document in the office of the solicitor in accordance
with paragraph (2) but where the telephone
transmission takes place between 4 p.m. and midnight,
service shall be deemed to have been made on the following
day.
(2) A document served by telephone transmission
shall include a cover page indicating
(a) the name, address and telephone number of the
sender,
(b) the name of the solicitor to be served,
(c) the date and time of transmission,
(d) the total number of pages transmitted, including
the cover page,
(e) the telephone number from which the document is
transmitted, and
(f) the name and telephone number of a person to
contact in the event of transmission problems.
It is much simpler to leave a copy of Court document with the Receptionist for a law firm that to locate the Party every time you need to serve a document.
Here is a example of a Facsimile Cover page which I use when Serving a Solicitor of Record for a Party.
Fax Cover Page George
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