HIGH COURT (CIVIL PROCEDURE) (AMENDMENT) RULES, 2019 (C.I. 122)

HIGH COURT (CIVIL PROCEDURE) (AMENDMENT) RULES, 2019 (C.I. 122)

Date of Gazette notification: 30th October, 2019.

Entry into force: 3rd December, 2019.

IN exercise of the power conferred on the Rules of Court Committee by clause (2) of article 157 of the Constitution, these Rules are made this 9th day of October, 2019.

1. Order 7 of C.I. 47 amended

The High Court (Civil Procedure) Rules, 2004 (C.I. 47) is amended by the insertion after rule 3 of Order 7, of "3A. Electronic service of process

(1) A party who initiates an action in a cause or matter, or files an appearance or a response in respect of a cause or matter in court shall, at the time of the initiation of the action or filing of the appearance or response, clearly state whether the service of any process or document in respect of the cause or matter should be by electronic means.

(2) Where in accordance with subrule (1), a party states that service of a process or document should be by electronic means, that party is deemed to have received any process or document served on that party by electronic means.

(3) A party who in accordance with subrule (1) files a process or document in a cause or matter shall endorse the telephone number and the electronic mail address of that party on each process or document that is to be filed.

(4) Despite rules 1, 2, and 3 of order 7 and subject to subrule (1), a process or document required to be served may be served by electronic means by the lawyer on record as representing a party in the cause or matter in which the service of the process or document is required.

(5) A process or document required to be served personally may, subject to subrule (1), be served by electronic means either by a bailiff, a registered process server or the party in the particular cause or matter, but where a party serves the process or document by electronic means, that party shall deliver a hard copy of the process or document to the Registrar of the Court for verification only.

(6) A party who in. accordance with subrule (1) elects to be served with a process or document other than by electronic means may, by notice to the Registrar of the Court, subsequently elect to be served with a process or document by electronic means.

(7) For the purpose of this rule, "service by electronic means" includes service by electronic mail and any other means specified in Practice Directions issued by the Chief Justice.

(8) Unless otherwise expressly provided in these Rules, the rules on personal service of a process or document are applicable to electronic service of a process or document.

(9) In this rule, unless the context otherwise requires, "party" includes a lawyer."

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