Overview

A lot of paperwork is involved in most court cases, and it is important that copies of documents get to everyone who needs them.

"Serving" documents means formally providing copies of documents to other people involved in a court proceeding. There are specific requirements in the Rules of Civil Procedure. Generally, Rule 16 of the rules sets out most of the specific procedures that must be followed when serving documents, including the manner of service and the deadlines for service.

Wherever the rules use the word “serve” or “service”, you must follow the formal service requirements. In addition, it is important to know that in the rules, the word “deliver” has a special meaning. It is a short form that means “serve and file with proof of service”. Therefore, if you see the word “deliver” you must also follow the requirements for service. 

By serving the other parties, you are notifying them of the step you are taking and of the information you will be presenting to the court and giving them an opportunity to respond.

In the Divisional Court parties arrange for service of their own documents. You have several options:

  • serve the documents yourself
  • have a friend, family member or business associate serve the documents for you
  • pay a private company (called a “process server”) to serve the documents for you
  • have your lawyer arrange for service of your documents

The person who is actually serving the documents should make careful, detailed notes regarding:

  • the name of the person served
  • The name of the person who accepted the documents
  • the date, time and manner of service made
  • any other related details

This will assist later with proof of service. You can find more information on proof of service in “Part two: Proof of service”.

It is up to you to be sure the court and the other parties in the case always have your proper address or e-mail address so they can serve documents on you throughout the court process. If you change your address or e-mail address and you do not advise the court and the other parties, they are entitled to serve you with documents at your old address or e-mail address. That will mean you are not fully informed about what is happening in your case. Orders may be made without your knowledge and in your absence.