61Originating application—filing and service

61 Originating application—filing and service (1) An originating application must be filed in the court and a sealed copy then served on each defendant and anyone else the court directs. (2) For an originating application for a question in relation to the estate of a deceased person or a trust, without administration of the estate or trust— (a) if the application is by a personal representative of the estate or a trustee of the trust—the application must be served on everyone directly affected by the relief sought in the application; or Note See also div 2.4.6 (Representation—trustees and personal representatives). (b) if the proceeding the subject of the application is started by someone other than a personal representative of the estate or a trustee of the trust—the application must be served on the personal representatives or trustees. (3) The originating application must be served personally on each defendant or each person mentioned in subrule (2), unless otherwise provided by these rules. Note See r 6405 (How document is personally served). A number of rules provide that particular kinds of non-personal service are taken to be personal service eg r 6412 (Service of originating process by post— Magistrates Court) and r 6431 (Service on corporations—generally). Also, service may be made in another way eg by substituted service (see r 6460 (Substituted service)). (4) For an originating application for which there are no defendants, the court may order that the application be served on anyone the court directs. an originating application in which the relief sought is a declaration of right

Rule 62 (5) The court may give a direction under subrule (1) or (4) on application or its own initiative. direction.