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Court Procedures Rules
6555Procedure on receipt of certificate of service
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6555 Procedure on receipt of certificate of service
(1) The registrar must, on receipt of a certificate of service in due form
of a local judicial document to which a request for service abroad
relates—
(a) arrange for the original certificate to be filed in the proceeding
to which the document relates; and
(b) send a copy of the certificate to—
(i) if there is a legal practitioner on the record for the applicant
in the proceeding—the legal practitioner; or
(ii) if there is not a legal practitioner on the record for the
applicant in the proceeding—the applicant.
(2) For subrule (1), a certificate of service is in due form if—
(a) the certificate is in accordance with approved form 6.21, part 2;
and
Note See approved form 6.21 (Request for service abroad of judicial
documents and certificate) AF2009-149.
(b) the certificate has been completed by a certifying authority for
the Hague Convention country in which service was requested;
and
(c) if the applicant requires that a certificate completed by an
additional authority is countersigned by the central authority—
the certificate is countersigned by the central authority.
Rule 6556
(3) The registrar must, on receipt of a statement of costs in due form in
relation to the service of a local judicial document mentioned in
subrule (1), send a notice stating the amount of the costs to the legal
practitioner, or applicant, who signed the undertaking mentioned in
rule 6553.
(4) For subrule (3), a statement of costs is in due form if it—
(a) relates only to costs of a kind mentioned in rule 6553 (3) (a); and
(b) has been completed by the certifying authority for the Hague
Convention country in which service was requested.
(5) Subrule (1) does not apply unless—
(a) adequate security to cover the costs mentioned in subrule (3) has
been given under rule 6553 (3) (c); or
(b) if the security given under rule 6553 (3) (c) is inadequate to
cover the costs, an amount equal to the amount by which the
costs exceed the security has been paid to the registrar.