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In practical terms, service of documents means the delivery of court documents and other documents to the natural or legal person concerned in accordance with the procedure stipulated by the legislation in force.
Specific rules on the service of documents exist to establish the method of service accepted by the courts and to safeguard the persons affected if the rules are broken.
Writs of arraignment, originating applications, appeals, legal documents, every judicial document, every document which the court orders to be served and every document the service of which is required by the legislation in force.
Documents are served by private process servers who are duly authorised by the Supreme Court to carry out service in accordance with the provisions of the Statutes of Civil Procedure. A litigant who registers documents as referred to in point 2 at the court selects the process server and is responsible for the service of the documents.
Service is made:
Service of any summons or notice is made at the address for service of the person to be served or, if an address for service has not been given, at the last known or usual place of residence of the person.
There are special provisions governing the service of documents on minors, mentally handicapped persons, persons who are in wardship and legal persons (Provision 5 of the Statutes of Civil Procedure).
If service cannot be made as stated in point 4 above, an application for substitute service may be registered at the court.
The service of documents or the inability to serve them is recorded in a register kept by the authorised process servers. In addition, the process server confirms the service of documents in a sworn declaration made on a form the content of which is specified by the Statutes of Civil Procedure.
If service is made by fax, a certificate of dispatch of the document is lodged at the registry of the competent court.
Service made wrongly can be set aside after an application for that to be done has been registered. Similarly, if a court judgment is issued after service has been made wrongly, an application can be made to have the judgment set aside.
All documents which have to be served in accordance with any court regulations or in accordance with any law are served through a court only after payment of the fee fixed on the basis of the Statutes of Civil Procedure. The fee is CYP 2.50. A sum of from CYP 0.50 to CYP 6.50, depending on the radius within which the court makes service, is added.Top
Last update: 21-06-2006