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Proof of service of process

Cap. 99, s. 128 · Revised Edition 2020

(1) In every proceeding in the court in which it is necessary to prove the service of any summons, notice, order or other process whatever of the court upon any person, it shall be deemed to be sufficient proof of the service if the person by whom the process has been served is duly sworn to an affidavit of the service. (2) The affidavit may be sworn by and before any magistrate, justice of the peace or, if authorised for that purpose by the Attorney General, the clerk. (3) The affidavit shall be received in evidence in any proceeding in any court without proof of the signature or of the official character of the person making it, or of the person before whom it is made, and the onus of showing that any service referred to in the affidavit was not made in accordance with the tenor of the affidavit shall be on the party objecting. (4) Affidavits of service shall be numbered by the clerk consecutively in the order in which they are received and filed as of record in the court in which they are entitled and, in every case in which any such affidavit is used, it shall be sufficient to note on the proceedings its number and the court in which it is filed.
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