2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

7.13   Procedure where court process is to be served through foreign governments, etc.

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    (1)   This rule applies where the claimant wishes to serve court process through the —

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      (a)     authority designated under the Hague Convention or any other relevant Civil Procedure Convention in respect of that country;

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      (b)     consular authority of a Member State or, in the case of a Territory, the British consular authority in that country;

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      (c)     government of that country; or

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      (d)     judicial authorities of the country where the court process is to be served.

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    (2)   If this rule applies, the claimant must file —

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      (a)     a copy of the court process;

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      (b)     an additional copy of the court process for each person to be served;

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      (c)     a request for service of the court process by the claimant's chosen method; and

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      (d)     any translation required by rule 7.15.

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    (3)   When the claimant files the documents specified in paragraph (2) the court office must —

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      (a)     seal the copy of the court process; and

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      (b)     send the documents filed to the minister with responsibility for foreign affairs with a request that the minister arrange for the court process to be served —

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        (i)     by the method indicated in the request for service filed under paragraph (2), or

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        (ii)     if the request indicates alternative methods, by the most convenient method.

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    (4)   An official certificate which —

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      (a)     is made by —

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        (i)     a consular authority of a Member State or a British consular authority in the country where the court process was served,

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        (ii)     the government or judicial authorities in that country, or

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        (iii)     any other authority designated in respect of that country under the Hague Convention or any other relevant Civil Procedure Convention;

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      (b)     states that the court process has been served in accordance with this rule either personally or in accordance with the law of the country in which service was effected; and

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      (c)     specifies the date on which the court process was served, is evidence of the facts stated in the certificate.

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    (5)   A document purporting to be an official certificate under paragraph (4) is to be treated as such a certificate, unless it is proved not to be.