7.10 Procedure where claim form is to be served through foreign governments, judicial authorities and consular authorities

--(1) This rule applies where the claimant wishes to serve the claim form-

----(a) through the judicial authorities of the country where the claim form is to be served;

----(b) through the consular authority of Trinidad and Tobago in that country;

----(c) through the authority designated under the Hague Convention or any other relevant Civil Procedure Convention in respect of that country; or

(d) through the government of that country .

--(2) Where this rule applies, the claimant must file-

----(a) a request for service of the claim by his chosen method;

----(b) a copy of the claim form;

----(c) an additional copy of the claim form for each person to be served; and

----(d) any translation required by rule 7.12.

--(3) When the claimant files the documents specified in paragraph (2) the court office must-

----(a) seal the copy of the claim form; and

----(b) send the documents filed to the Permanent Secretary to the Ministry with responsibility for Foreign Affairs with a request that he arrange for the claim form to be served by the method indicated in the request for service filed under paragraph (2) or, where that request indicates alternative methods, by the most convenient method.

--(4) An official certificate which-

----(a) states that the claim form has been served in accordance with this rule either personally, or in accordance with the law of the country in which service was effected;

----(b) specifies the date on which the claim form was served; and

----(c) is made by-

--------(i) a consular authority of Trinidad and Tobago in the country where the claim form was served;

--------(ii) the government or judicial authorities in that country; or

--------(iii) any other authority designated in respect of that country under the Hague Convention or any other relevant Civil Procedure Convention,

--------is evidence of the facts stated in the certificate.

--(5) A document purporting to be an official certificate under paragraph (4) is to be treated as such a certificate, unless it is proved not to be.

Notes

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