ISSUE AND SERVICE OF PROCEEDINGS

The purpose of service is to give notice to the other party so that he becomes aware of the
document and thus is in a position to resist any claim made therein.
Trinidad is governed by Rules 5, 7, 8 when it comes to service of the claim form and any related
documents.

Rule 8 (HOW TO START PROCEEDINGS) of the CPR comes after service of court process
out of the jurisdiction of Rule 7

Documents that must be served include:
1. The Claim Form (CF)
2. The Statement of Case(SOC)
The claim form must be served with the SOC subject to the exceptions in in rule 8.2
Where a person seeks a remedy from the court before proceedings then one may be
acquired under rule 8.2
Rule 8.10 speaks about claims for personal injury
Service of claim forms as per rule 8.12 may be made according to:
1. Part 5- Domestic service- Rule 8.13 provides that a claim form may be served 4 months
after the date when the claim form was issued
2. Part 7- Service of Claim form out of jurisdiction- Rule 8.13 provides that the period of
service is six months where the claim form is to be served out of the jurisdiction.
As per Rule 8. 14 an extension of time may be provided where an application is made within the
period for serving the claim. However where an application is made after the general period for
service, the courts may order an extension if it is satisfied that the claimant has taken all
reasonable steps to:
i) To trace the defendant
ii) To serve the claim but has been unable to do so
and where the claimant has taken reasonable steps to serve the claim.
Rule 8.15 discuss what documents are to be filed with claim form.


RULE 5
Rule 5 deals with domestic forms of service. There are four forms of service:
1. Normal Method of service
2. Service by specified method
3. Service by an Alternative Method
4. Ordinary Service
5. Service in particular actions
6. Service on particular defendants

1. Rule 5.1 NORMAL METHOD OF SERVI CE
The general rule is that a claim form must be served personally. Refer to rule 8.2
The method of personal service it may be served by handing it or leaving it with the person to
be served.
Rule 8.15 provides the documents that must be served with the claim form.
Rule 8.13 provides the time frame in which service may be made claim form may be struck out.
Reference to Rule 26.2 Striking out sets out the situations under which a duly registered claim
form may be struck out.

Rule 8. 14 provides the extension of time period.
There is no provision that allows for service to be made on an Attorney in Trinidad and
Tobago.
Service must be effected within the jurisdiction.

Rule 5.5- Proof of personal service must be provided in the form of an affidavit:
1. The person who served the claim form must swear to an affidavit.
2. Where an ID of the person served is made by a third person then that person must swear
by affidavit how they were able to ID that individual.
3. Where the server of the documents ID the person served by photo ID, the person who
verifies from the picture that that is the correct person to be served then that third person
must swear by affidavit how they knew that that was the person intended to be served.

2. SERVI CE BY ALTERNATI VE METHOD

Rule 5.10 allows for alternative modes of service in lieu of personal/ordinary service
without seeking an order from the court.

It must be shown that the person intended to be served was perhaps unable to be served
for one reason or the other. Proof may be shown that personal service was attempted to
no avail.
Proof of service under this method must be evidence by sworn affidavit.

Rule 5.10 (4) provides that where the court is not satisfied that the intended person to be
served was not adequately served then they may consider making an order under rule
5.12 to make an order for service by a specified method.


3. SERVI CE BY A SPECIFI ED METHOD

Rule 5.12 provides that the court has the power to make an order for service by specified method
in certain instances. One of which being where they are not satisfied by the service of documents
upon a person via an alternative method of service.
An application can be made by the claimant without notice to the court and supported by
affidavit.

Forms or Modes of Service under specified method include:
a) Letter
b) Advertisement: Cook v Dey constructive service
Per Hall V.C: service may be effected by
- leaving a copy of the documents at the office where the Defendant's business is being
carried on,
- and at the lodgings from whence he had absconded;
- and via advertisements in newspapers/

c) On a person impliedly entitled to accept service on behalf of the defendant : Porter v.
Freudenberg

Per Lord Reading C.J.: In order that substituted service may be permitted, it must be
clearly shown that the plaintiff is in fact unable to effect personal service and that the
claim form and attached documents is likely to reach the defendant or to come to his
knowledge if the method of substituted service which is asked for by the plaintiff is
adopted.

The Court may then make such order as may seem just.

Where the documents have been properly issued pursuant to Rule 5, substituted service
either within or out of the jurisdiction may be permitted in special circumstances, as, e.g.,
that
- the defendant is evading personal service ,
- and that the proposed form of substituted service will be effective in bringing the
documents to the defendant's knowledge

NB:
Refer to manual on page 53 and 54

SERVICE ON PARTICULAR DEFENDANTS
SERVICE IN PARTICULAR ACTIONS/CIRCUMSTANCES
ORDINARY SERVICE
______________________________________________________________________________
CONTENTS OF AFFIDAVIT
RULE 31 : AFFIDAVITS
Rule 5.5-Personal Service
1. Personal Service
The contents of affidavit that must be noted:
- Server of affidavit must swear to affidavit which would have the following contents:
Date and time of service
Place/address of where service took place
How the person served was identified
How was service effected- by which method
2. Person who ID person to be served (P2BS)
The person must state how they knew this
3. Person who ID P2BS via photograph (Photo ID) must have sworn affidavit as to how
they were able to do so
RULE 5.10
1. The party serving the claim form must swear to affidavit which must have the following:
Details of method of service
Must show that person served (PS) ascertained contents of documents; or
Show that it would have been likely for him to ascertain the contents of the
document
RULE 5.12: SERVICE BY SPECIFIED METHOD
The affidavit must contain:
1. A statement that the claim form was duly issued copy must be annexed to affidavit
2. The specific efforts that were made at serving the defendant via the different methods of
service and
3. how such avenues had been exhausted and personal service is impracticable
4. that the specified method of service which should be specified when discussing in exam
will probably come to the knowledge of the defendant
5. also state if the defendant is evading service then the affidavit should state the deponents
belief to the effect giving facts upon which such belief is based
6. where service is to be effected within the jurisdiction, a statement of the deponents belief
that the defendant is within the jurisdiction or believed to be so.




RULE 6
Serving other documents other than claim form or associated documents that must be filed with
the claim form.

SERVICE OF COURT PROCESS OUT OF THE JURISDITION

RULE 7
A