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Service rules in British Columbia and India

Where the rules for serving documents are found in each place we serve, with notes on what to plan for.

This is general information to help you plan, not legal advice. Rules and time limits change and depend on the court and the document. Check the current rules or ask your counsel before relying on it.

BC

British Columbia

Supreme Court Civil Rules (B.C. Reg. 168/2009)

  • Personal service is described in Rule 4-3.
  • A notice of civil claim generally has to be served within 12 months after it is filed (Rule 3-2).
  • Provincial Court (small claims) matters follow the Small Claims Rules instead.

Official source: BC Laws

IN

India

Code of Civil Procedure, 1908 (Order V) and the Hague Service Convention

  • In a civil suit, summons are generally issued and served through the court under Order V; a court may also allow the party to serve them directly.
  • Many notices are served by the sender rather than the court, such as a demand notice for a dishonoured cheque under section 138 of the Negotiable Instruments Act, 1881.
  • India is a party to the Hague Service Convention and objects to service by postal channels, so formal service of foreign court documents goes through its Central Authority.

Official source: India Code

Serving in British Columbia and India?

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