2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

5.13   Alternative methods of service

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    (1)   Instead of personal service a party may choose an alternative method of service.

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    (2)   Where a party —

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      (a)     chooses an alternative method of service; and

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      (b)     the court is asked to take any step on the basis that the claim form has been served,

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    the party who served the claim form must file evidence on affidavit proving that the method of service was sufficient to enable the defendant to ascertain the contents of the claim form.

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    (3)   An affidavit under paragraph (2) must —

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      (a)     exhibit a copy of the documents served;

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      (b)     give details of the method of service used;

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      (c)     show that —

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        (i)     the person intended to be served was able to ascertain the contents of the documents, or

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        (ii)     it is likely that he or she would have been able to do so, and

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        (iii)     state the time when the person served was or was likely to have been in a position to ascertain the contents of the documents.

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    (4)   The court office must immediately refer any affidavit filed under paragraph (2) to a judge, master or registrar who must —

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      (a)     consider the evidence; and

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      (b)     endorse on the affidavit whether it satisfactorily proves service.

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    (5)   If the court is not satisfied that the method of service chosen was sufficient to enable the defendant to ascertain the contents of the claim form, the court office must fix a date, time and place to consider making an order under rule 5.14 and give at least 7 days' notice to the claimant.