Transmission of documents

  •  (1) If documents filed with the court or exhibits in the custody of an officer are required for use at another location, the clerk shall send them to the clerk at the other location on receipt of a party’s requisition in Form 14.

  • (2) Documents or exhibits that have been filed at or sent to a location other than where the proceeding was commenced for a hearing at that location shall be sent by the clerk, after completion of the hearing, to the clerk at the court office where the proceeding was commenced.

Notice of constitutional issue

 If an issue is raised as to the constitutionality of an Act or regulation, the party raising the issue shall serve a Notice of Application and Constitutional Issue in Form 3.

Rule 5 — Service of Documents

General rules for manner of service

Marginal note:Notices of Application and Other Documents
  •  (1) A notice of application or other document need not be served personally or by an alternative to personal service unless these rules or an order of the court requires personal service or an alternative to personal service.

  • (2) Any document that is not required to be served personally or by an alternative to personal service

    • (a) shall be served on a party who has counsel of record by serving counsel in a manner provided in rule 5.05; and

    • (b) may be served on a party not represented by counsel or on a person who is not a party

      • (i) by mailing a copy of the document to the most recent address for service provided by the party or person or, if no such address has been provided, to the party’s or person’s latest known address, or

      • (ii) by personal service or by an alternative to personal service.

Personal service

  •  (1) If a document is to be served personally, the service shall be made

    • Marginal note:Individual

      (a) on an individual, by leaving a copy of the document with the individual;

    • Marginal note:Corporation

      (b) on any corporation, by leaving a copy of the document with an officer or director of the corporation, or with a person at any place of business of the corporation who appears to be in control or management of the place of business;

    • Marginal note:Judge

      (c) on any judge, by leaving a copy of the document with the judge, or with a person in charge of the court office in the court centre where the adjudication was or is to be made;

    • Marginal note:Attorney General of Canada

      (d) on the Attorney General of Canada, by leaving a copy of the document at the office of the Attorney General of Canada at St. John’s, the office of the Attorney General of Canada at Ottawa or the office of the prosecutor retained by the Attorney General of Canada having carriage of the proceedings; and

    • Marginal note:Attorney General of Newfoundland and Labrador

      (e) on the Attorney General of Newfoundland and Labrador, by leaving a copy of the document at the office of the crown attorney having carriage of the proceedings.

  • (2) A person effecting personal service of a document need not produce the original document or have it in his or her possession.

Alternatives to personal service

Marginal note:Available
  •  (1) If these rules or an order of the court permit service by an alternative to personal service, service shall be made in accordance with this rule.

  • Marginal note:Acceptance of Service by Counsel

    (2) Service on a party who has counsel may be made by leaving a copy of the document with the counsel, but service under this subrule is effective only if counsel endorses, on the document or a copy of it, an acceptance of service and the date of acceptance.

  • (3) By accepting service, counsel shall be deemed to represent to the court that counsel has the authority of his or her client to accept service.

  • Marginal note:Service by Mail to Latest Known Address

    (4) Service of a document may be made by sending a copy of the document together with an Acknowledgment of Receipt Card in Form 4 by mail to the latest known address of the person to be served, but service by mail under this subrule is effective

    • (a) only if the Acknowledgment of Receipt Card or a post office receipt bearing a signature that purports to be the signature of the person to be served is received by the sender; and

    • (b) on the day on which the sender first receives either receipt, signed as provided by clause (a).

  • Marginal note:Service at Place of Residence

    (5) Where an attempt is made to effect personal service at a person’s place of residence cannot be effected, the document may be served

    • (a) by leaving a copy, in a sealed envelope addressed to the person, at the place of residence with anyone who appears to be an adult member of the same household; and

    • (b) on the same day or the following day, by mailing another copy of the document to the person at the place of residence, and service in this manner is effective on the fifth day after the document is mailed.

  • Marginal note:Service on a Corporation

    (6) Where the head office or principal place of business of a corporation cannot be found at the most recent address recorded with the Registry of Companies, service may be made on the corporation by mailing a copy of the document to the corporation at that address.

Substituted service or dispensing with service

Marginal note:Order by the court
  •  (1) Where personal service of a document is required by these rules, and it appears to the court that it is impratical to effect personal service, the court may make an order for subsituted service or, if necessary in the interests of justice, may dispense with service.

  • Marginal note:Effective Date of Service

    (2) In an order for substituted service, the court shall specify when service in accordance with the order is effective.

  • (3) If an order is made dispensing with service of a document, the document is deemed to have been served on the date of the order for the purpose of the computation of time under these rules.

Service on counsel of record

  •  (1) Service of a document on counsel of record of a party may be made by

    • (a) mailing a copy to counsel’s office;

    • (b) leaving a copy with counsel or an employee in counsel’s office; or

    • (c) transmitting the document by telecopier in accordance with subrule (2).

  • (2) A document that is served telecopier shall include a cover page indicating

    • (a) the sender’s name, address and telephone number;

    • (b) the name of counsel of record 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.

Service by mail

Marginal note:Manner of Service
  •  (1) Where a document is to be served by mail under these rules, a copy of the document shall be sent by pre-paid first class mail or by registered mail.

  • Marginal note:Effective Date

    (2) Service of a document by mail, except under subrule 5.03(4), is effective on the fifth day after the document is mailed.

Document does not reach person served

 Even though a person has been served with a document in accordance with these rules, the person may show, on a motion to set aside the consequences of default, or for an extension of time or in support of a request for an adjournment, that the document

  • (a) did not come to his or her notice; or

  • (b) came to his or her notice only at some time later than when it was served or is deemed to have been served.

Validating service

 If a document has been served in a manner other than one authorized by these rules or an order, the court may make an order validating the service when the court is satisfied that the document

  • (a) came to the notice of the person to be served; or

  • (b) was served in such a manner that it would have come to the notice of the person to be served, except for the person’s own attempts to evade service.

 
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