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• 1. Introduction: Personal Service
  • 1.1 Required when it is specifically provided for by the Rules of Court 2012 or by an order of the court.
  • 1.2 It is effected by leaving a copy of the document with the person to be served.  The process server must show the person to be served,   in the case where the document is a writ or other originating process; the sealed copy of the document; and in any other case, the process server must show him an office copy of the document to be served.
  • 1.3 In the event that the Honourable Court is of the opinion that it is impractical to serve that document personally on that person or there is any reason to believe that the person to be served is evading service or any other reason that the document cannot be served in the ordinary way, the Honourable Court will then make an order for substituted service of that document.
  • 1.4 Mode of service varies depending on the type of defendant to be served with the court papers. Generally for individuals, the rules require for service to be effected by way of personal service (by leaving a copy of the writ with the defendant) or by prepaid A.R. registered post addressed to his last known address.
  • 1.5 The purpose of personal service is to bring to the defendant’s notice of the action that has been taken against him
• 2. Rules of Court 2012
• 2.1Representative Proceedings (O. 15, r. 12)
  • (3) A judgment or order given in proceedings under this rule is binding on all the persons as representing whom the plaintiffs sue or, as the case may be, the defendants are sued, but shall not be enforced against any person not a party to the proceedings except with the leave of the Court.
  • (4) An application for the grant of leave under paragraph (3) must be served personally on the person against whom it is sought to enforce the judgment or order.
• 2.2Service of summons and notice of application (O. 17, r. 4)
  • 4. (1) Unless the Court otherwise orders, the originating summons or a notice of application ordered under rule 3 shall be served at least seven days before the return day.
  • (2) The originating summons referred to in paragraph (1) must be served personally.
  • (3) The notice of application referred to in paragraph (1) need not be served personally unless ordered by the Court

• 2.3 Discovery against other person (O. 24, r. 7A)
  • 7A. (1) An application for an order for the discovery of documents before the commencement of proceedings shall be made by originating summons and the person against whom the order is sought shall be made defendant to the originating summons.
  • (2) An application after the commencement of proceedings for an order for the discovery of documents by a person who is not a party to the proceedings shall be made by a notice of application, which shall be served on that person personally and on every party to the proceedings.

• 2.4 Service of notice of judgment on person not a party (O. 44, r. 3)
• 3. (1) Where in an action for—
  • (a) the administration of the estate of a deceased person;
    (b) the execution of a trust; or
    (c) the sale of any property
    the Court gives a judgment which affects the rights or interests of persons not parties to the action or directs any account to be taken or inquiry made, the Court may when giving the judgment or at any stage of the proceedings under the judgment direct that a notice of the judgment to be served on any person interested in the estate or under the trust or in the property, as the case may be; and any person duly served with a notice of the judgment in accordance with this rule shall, subject to paragraph (5), be bound by the judgment to the same extent as he would have been if he had originally been made a party to the action.
  • (2) The Court may direct a sealed notice of judgment to be served personally or in such manner as it may specify on the person required to be served, or if it appears to the Court that it is impracticable for any reason to serve such notice on any person it may dispense with service of the notice on that person. Before a notice of the judgment is served, the notice shall be endorsed with a memorandum in Form 77.
• 2.5 Order for examination of judgment debtor (O. 48, r. 1)
  • – (3) An order under this rule shall be in Form 96 and must be served personally on the judgment debtor and on any officer of a body corporate ordered to attend for examination.

• 2.6 Service and effect of order to show cause (O. 49, r. 3)
  • 3. (1) An order under rule 1 to show cause shall, at least seven days before the time appointed thereby for the further consideration of the matter, be served—
    (a) on the garnishee personally; and
    (b) unless the Court otherwise directs, on the judgment debtor

• 2.7 Other cases of contempt (O. 52, r. 2B)
  • 2B. In all other cases of contempt of Court, a formal notice to show cause why he should not be committed to the prison or fined shall be served personally.

• 2.8 Notice of registration (O. 67, r. 7)
  • 7. (1) A notice of the registration of a judgment shall be served on the judgment debtor and, subject to paragraph (2), shall be served personally unless the Court otherwise orders.
• 2.9 Form of judgment debtor summons (O. 74, r. 11D)
  • 11D. (1) A judgment debtor summons shall be in one of the forms in Form 177.
  • (2) Unless the Court otherwise orders, a judgment debtor summons shall be served personally on the person summoned at least seven days before the day fixed for the hearing thereof.
    
• 2.10 Judgment notice (O. 74, r. 13)
  • 13. A judgment notice shall be in Form 179 and shall be served personally, not less than four clear days before the day appointed for the debtor’s attendance unless the Court otherwise orders.
• 2.11 Service of certain documents on person under disability (O. 76, r. 14)
  • (4) Where a party who has obtained a judgment or an order against a firm claims that a person is liable to satisfy the judgment or order as being a member of the firm, and the foregoing provisions of this rule do not apply in relation to that person, that party may apply to the Court for leave to issue execution against that person, the application to be made by notice of application which must be served personally on that person.

• 3. Insolvency Act 1967
  • 3.1 Serving a bankruptcy notice or a creditor’s petition in Bankruptcy proceedings
• Acts of Bankruptcy
  • 3. (2) A bankruptcy notice under this Act shall be in the prescribed form and shall state the consequences of non-compliance therewith and shall be served personally to a debtor
• Proceedings and order on creditor’s petition
  • 6. (1) A creditor’s petition shall be verified by affidavit of the creditor or of some person on his behalf having knowledge of the facts, and shall be served personally to a debtor.

Lee Nicholas Heng Jin
The University of Sheffield