An application form must be completed by the applicant. The applicant keeps the original application form and must send a copy of it to the respondent(s). This is called serving.
Depending on the type of application, a Statement of Arrangements may also need to be completed by the applicant. If this is the case, the applicant must attach two copies of their Statement of Arrangements form to the application form when serving.
The court requires proof that the applicant has sent the application to the respondent(s). This is called proof of service.
Serving an application
The most common ways to serve an application on the respondent are:
1. By registered post
You can send it to the respondent's last known home or work address. You must keep the certificate of postage given to you at the post office as you will need this to prove service. You should serve the respondent as early as possible but at least fourteen days before the court hearing date.
2. By personal service
This means serving the documents personally by handing them to the respondent. It can also be served by a summons server who is a person who specialises in serving legal documents. They must serve them in accordance with court rules. You will be charged for this service, so discuss fees beforehand. You should serve the respondent as early as possible but at least fourteen days before the court hearing date.
3. By alternative method approved by the court
In some cases, the court can approve of documents being served by other methods, such as by ordinary post or email. You must apply to the District Court for permission to serve documents by a different method. This is called an application for substituted service. If permission is granted, the summons must be served at least fourteen days before the court hearing date.
Proof of service
After the documents have been served, you must provide proof of service to the court. You do this by filing a Statutory Declaration of Service. This is a declaration verifying that the documents were served within a reasonable time.
- It must be signed and declared in the presence of a solicitor (but not your own), a Commissioner for Oaths or a Peace Commissioner. There may be a charge for this service so you should discuss it beforehand.
- This document must be filed with the original application in the court office
There are two types of statutory declaration depending on how you served the documents:
- If the application was served by registered post (Form 41.01)
If the documents are not returned undelivered to you by An Post within ten days, you can fill out a Statutory Declaration of Service (Form 41.01). The certificate of postage should be attached to the statutory declaration which must then be filed in the court office along with the original application. - If the application was served by personal service (Form 41.03)
The person who served the documents must fill out a Statutory Declaration of Service (Form 41.03) to declare that the documents have been served. This person could be you or a summons server. This must then be filed in the court office along with the original application.
Note: If the application is returned unserved by An Post, contact the Courts Service office immediately for further instructions.