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IV. Judicial Standards and Civil Matters
 
  1. Introductory Provisions  
  Article 107-Summons and service of claim  
107.1 Summons and service of claim  
  A suit is not deemed to have been commenced until a summons, containing the statement of claim, a notice to reply and register to court and a writ compelling a response is properly served upon an individual to reply to a Civil complaint.  
107.2 No action or judgment without service  
  Unless proper service is executed against a defendant, no action or judgment is lawful in favour or against the defendant.  
107.3 Responsibility of one person served to notify the other joined parties in the service  
  Once a person has been properly served, it it that persons responsibility and not the courts to ensure the other joined parties are notified at the earliest possible notice.  
  The date of the suit and requirement to attend is from the date of the first service and not dependant upon successfully serving the remaining defendants.  
107.4 Assumed total liability of first person served unless apply for separation of themselves on non contact  
  The liability of defense of a claim falls to the first person of a joined defense unless that person applies within thirty (30) days of receiving service of summons to apply for separation from the other parties based on attempting to make contact and failing to achieve successful contact of the other parties.  
  The first defendant must show actual evidence of several legitimate attempts to make contact, including notifying the court of the accurate address and details of the other parties and having failed to make contact, including the courts failure to serve the summons.  
  If no such action is taken, the liability of the action is assume to automatically fall upon the first person served.  
107.5 Service of summons on all defendants  
  It is the courts responsibility to attempt to service summons on all defendants in a civil matter.  
107.6 Service of claim  
  A claim is deemed to have been properly served if it fulfils the following criteria:  
  (1) The papers relating to a summons, including the statement of claim, court details and writ of return is physically handed to the defendant;  
  (2) That the person serving the papers has identified themselves before or after serving the papers as representing the courts in the serving of papers;  
  (3) That the defendant has been told that they have been served and now must respond.  
107.7 Permissable service against a person refusing service  
  Where a person refuses to be served properly in a civil court matter, either by refusing to answer the door, refusing to acknowledge their existence at a particular location and/or running away from a person seeking to serve papers, a warrant for the service of the papers shall be issued.  
107.8 A warrant for service of civil action papers  
  A warrant for service of civil action papers is a serious matter and must not be issued unless the serving of papers has been attempted at least twice and the defendant has either openly refused to accept the papers, or the person serving the papers has evidence to suggest the person is deliberately avoiding the acceptance of the service.  
  A false warrant for service of civil action shall carry with it a fine upon the person who made the application.  
  A warrant for service of civil action papers must be exectuted by a lw enforcement official, who takes charge of the papers and gives the law enforcement official the right of entry into any premises, location to serve the papers.  
  Upon the service of a warrant for service of civil action papers, a person duly served has forty (40) days to either accept the service, contact the law enforcement official and pick up the papers or else they shall automatically be charged with obstruction of justice and a warrant for their arrest shall be issued.  
 
 

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