SERVING COURT DOCUMENTS

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When you start a court case (or in certain other situation), you must serve (i.e. deliver) court documents (giving notice of the case) to the other parties by arranging personal or alternative to personal service (see Personal Service article)

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With some exceptions, once the other party has filed his/her initial court documents giving their address for service, they can then be sent documents in the case by regular service.

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Regular Service
Regular service includes sending the documents to the person’s lawyer (who is "on the record") or if none, to the person.

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A lawyer gets "on the record" by filing court documents listing themselves as a party's lawyer. (A lawyer providing limited scope services [see article] is not "on the record".) A lawyer ceases to be on the record when:

• the party serves and files a Notice of Change of Representation;

• the court makes an order removing the lawyer from the record; or

• a final order is made in the case (if the case starts up again, the old lawyer is not "on the record").
   

Where there is a lawyer on the record, documents should be served through the lawyer, not directly on the party.

Documents can be served:

• by email - effective the day sent, or the next business day if sent after 4:00 p.m. or on a non-business day;

• by mail - effective five business days after mailing;

• by overnight courier - effective the day it is delivered, or the next business day if after 4:00 p.m. or on a non-business day; or

• by fax with a fax cover sheet - effective the day it is faxed if sent - limited to 20 pages and must be sent before 4:00 p.m. on business days only - unless agreed otherwise.
   

Proof of Service
Whenever you arrange service of documents, you must file a Form 6B Affidavit of Service (a sworn statement giving the details of the service).  It must be signed under oath or declaration, in front of a lawyer or other person who can commission affidavits (such as a clerk at the court counter), by the person who served the documents.

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Dispensing with Service
Where a party cannot be located for service, a count can dispense with service (give permission not to serve).  However, it must be proved that all reasonable steps have been made to serve the Party. 

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