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Trials - Service

In the event an attempted service is not made as a result of unavailability of recipient, unanswered door, unknown recipient, unknown address, relocation, etc., the service will need to be tried again using appropriate methods such as re-service or service by public notice depending on the reason for failure of service. In such circumstances, the following procedure applies:

In case of failure of service

Unavailability of the
recipient or
unanswered door
If the party being served is in the military or imprisoned, the court will attempt another service at the alternate address provided. If the intended recipient is on vacation or not available due to business, etc., application may be made to try another service or an application for a special service could be made so that an enforcement officer can effect service on holidays or at nighttimes.
Unknown address or
relocation
If service could not be made due to incomplete or inaccurate address or due to relocation, the accurate new address should be confirmed and apply for modification of address. If the recipient’s address, residence or other deliverable address is unknown, service through public notice may be applied along with requisite documents therefor.
Unknown recipient If service could not be made due to inaccurate address or name of the recipient corrected address form containing the accurate address and name must be submitted to the court.

Applying for service by public notice

If recipient’s address, residence, place of business, office or other place of work or other legally designated place for service could not be confirmed through ordinarily available methods of investigation, the service by public notice could be applied for by submitting an application with: (i) document showing the last address of the recipient (e.g., transcript/abstract of resident registration); and (ii) reliable documents tending to show that the recipient’s residence could not be confirmed despite the applicant’s substantial efforts (the results of special service through enforcement officer, etc.).