The Applicant must give a copy of the Maintenance Summons and completed application form to the Respondent. This is called serving.
The court will require proof that the applicant has served the respondent. This is called proof of service.
Serving the Respondent
The most common ways to serve a maintenance summons and application form on the respondent are:
1. By registered post
You can send it to the respondent's last known home or work address. You must keep the certificate of postage given to you at the post office as you will need this to prove service. You should serve the respondent as early as possible but at least fourteen days before the court hearing date.
2. By personal service
This means serving the documents personally by handing them to the respondent. It can also be served by a summons server who is a person who specialises in serving legal documents. They must serve them in accordance with court rules. You will be charged for this service, so discuss fees beforehand. You should serve the respondent as early as possible but at least fourteen days before the court hearing date.
3. By alternative method approved by the court
In some cases, the court can approve of documents being served by other methods, such as by ordinary post or email. You must apply to the District Court for permission to serve documents by a different method. This is called an application for substituted service. If permission is granted, the summons must be served at least fourteen days before the court hearing date.
Proof of service
After the documents have been served, you must provide proof of service to the court. You do this by filing a Statutory Declaration of Service. This is a declaration verifying that the documents were served within a reasonable time.
- It must be signed and declared in the presence of a solicitor (but not your own), a Commissioner for Oaths or a Peace Commissioner. There may be a charge for this service so you should discuss it beforehand.
- This Statutory Declaration of Service must then be filed in the court office.
If the summons and application form were served by registered post
You must wait at least 10 days before completing the Statutory Declaration of Service. This is to ensure that the documents are not returned to you by the postal service un-served. The certificate of postage should be attached to the Statutory Declaration of Service which must then be filed in the court office.
Statutory Declaration of Service - Registered Post ->
If the summons and application form were served by personal service
The person who served the documents must fill out a Statutory Declaration of Service to declare that the documents have been served. This person could be you or a summons server. The Statutory Declaration of Service must then be filed in the court office.
Statutory Declaration of Service - Personal Service ->
Note
If the summons and application form are returned un-served by the postal service, contact the Courts Service office immediately for further instructions.