Act of Sederunt (Rules of the Court of Session 1994) 1994

Methods and manner of service

16.1.—(1) Subject to any other provision in these Rules or any other enactment, service of a document required under these Rules on a person shall be executed–

(a) in the case of an individual–

(i) personally, by tendering the document and any citation or notice, as the case may be, to that individual;

(ii) by leaving the document and any citation or notice, as the case may be, in the hands of a person, or failing which, depositing it, in a dwelling place where the person executing service, after due enquiry, has reasonable grounds for believing that that individual resides but is not available;

(iii) by leaving the document and any citation or notice, as the case may be, in the hands of a person at, or depositing it in, a place of business where the person executing service, after due enquiry, has reasonable grounds for believing that that individual carries on business; or

(iv) by posting the document and any citation or notice, as the case may be, to the known dwelling place of that individual;

(b) in the case of any other person–

(i) by leaving the document and any citation or notice, as the case may be, in the hands of an individual at, or depositing it in, the registered office, other official address or a place of business, of that other person, in such a way that it is likely to come to the attention of that other person; or

(ii) by posting the document and any citation or notice, as the case may be, to the registered office, other official address or a place of business, of that other person.

(2) Service of a principal writ on a person whose known residence is the same as that of the party on whose behalf service is to be executed shall be executed personally.

(3) Subject to paragraph (4), where service has been executed, the party on whose behalf service has been executed shall attach to the document served and lodge in process–

(a) a certificate of service as required by these Rules;

(b) a copy of any notice or advertisement ordered to be published; and

(c) a copy of any interlocutor ordering service of that document.

(4) In relation to a petition or note, where service has been executed by a petitioner or noter, he shall attach the documents required by paragraph (3)(a) and (b) to a copy of the petition or note, as the case may be, marked “Execution Copy” and certified a true copy.