Service
When legal proceedings are instituted the process must be brought to the notice of the party against whom it is instituted by serving a copy of the process and any annexures on the party as directed by the rules.
1. Personal service
Service shall be effected personally on the defendant or respondent.
2. Substituted Service
Substituted service is ordered when the defendant is believed to be in the Republic of South Africa but one of the normal forms of service set out in the rules cannot be effected.
3. Edictal Citation
When the defendant is believed to be out of the Republic of South Africa and the process or documents instituting proceedings must be served outside the borders of the Republic, leave to sue by way of Edictal Citation is required.
4. Exceptions to the general rules
Ex parte applications:
The notice of Motion is addressed to the registrar / clerk of the court as well as the other party, if another party is involved, but it need not be served on the other party.
Urgent applications:
If a Court is satisfied that a matter is urgent, it may make an order dispensing with the forms and service provided for in the rules and may dispose of the matter at such time and place and in accordance with such procedure (which shall as far as practicable be in terms of the rules) as the court deems appropriate.
Interlocutory applications:
Interlocutory applications are applications that are brought on notice (notice here does not mean “notice of motion”), incidental to pending proceedings, usually supported by an affidavit. Service of such an application need not be effected by the sheriff; it is usually effected by the attorney’s messenger.
For more go to Notes on service of legal documents
