1988 Ed.]
The Rules of the Supreme Court
[CAP. 4
A 517
[Subsidiary]
No. 2B
Acknowledgment of Service of Writ of Summons in Action in rem or Limitation Action
(O. 75 r. 3(5))
Directions for Acknowledgment of Service
1. The accompanying form of ACKNOWLEDGMENT OF SERVICE should be detached and completed by a Solicitor acting on behalf of the Defendant or by the Defendant if acting in person. After completion it must be delivered or sent by post to the Registry of the Supreme Court at the following address:-
2. If in an action in rem a Statement of Claim is indorsed on the Writ (i.e. the words "Statement of Claim" appear at the top of the back), a Defence must be served within 14 days after the time for acknowledging service of the Writ.
If a Statement of Claim is not indorsed on the Writ, a Defence need not be served until 14 days after a Statement of Claim has been served on the Defendant.
If a Defendant fails to serve a defence within the appropriate time, the Plaintiff may apply to the Court for judgment against him and, if the property described in the Writ is under the arrest of the Court, for an order for the sale of that property.
(1)
[Back of page (1)]
Notes for Guidance
1. Each Defendant (if there is more than one) is required to complete an Acknowledgment of Service and return it to the Registry of the Supreme Court.
2. For the purpose of calculating the period of 14 days for acknowledging service, a writ served on the Defendant personally is treated as having been served on the day it was delivered to him and a writ served by post or by insertion through the Defendant's letter box is treated as having been served on the seventh day after the date of posting or insertion.
3. Where the Defendant is a FIRM and a Solicitor is not instructed, the form must be completed by a PARTNER by name, with the addition of the description "partner in the firm of (..........)" after his name.
4. Where the Defendant is sued as an individual TRADING IN A NAME OTHER THAN HIS OWN, the form must be completed by him with the addition of the description "trading as (............................)" after his name.
5. Where the Defendant is a LIMITED COMPANY the form must be completed by a Solicitor or by someone authorised to act on behalf of the Company, but the Company can take no further step in the proceedings without a Solicitor acting on its behalf.
6. Where the Defendant is a MINOR or a MENTAL PATIENT, the form must be completed by a Solicitor acting for a guardian ad litem.
7. A Defendant acting in person may obtain help in completing the form at the Registry of the Supreme Court.
8. These notes deal only with the more usual cases. In case of difficulty a Defendant in person should refer to paragraph 7 above.
Perforation