Loading...

Vietnam girl kikilu 167

Section II. Service
246. (Principle of service on court's authority, etc.)
1. Except where otherwise provided by law, service shall be effected on the court's authority.

2. The tasks related to effecting service shall be handled by the court clerk.
3. Service shall be carried out by a post office clerk, a bailiff, or a court clerk.

247. (Principle of service by delivery)
1. Except as otherwise provided by law, service shall be effected through delivery of the document to be served to the person who is to receive service.

2. Except as otherwise provided by law, the document to be served shall comprise a certified copy thereof.

3. Where the recipient of service cannot read, the person responsible for effecting service shall make efforts to notify the recipient of the nature of the service when the service is delivered.

248. (Service on person lacking capacity to litigate, etc.)
1. Service intended for a person lacking the capacity to litigate shall be made on that person's legal representative.

2. Where multiple persons have a joint right of representation, service may be made on only one of them.

3. Service on a person incarcerated in an institution shall be effected on the warden of such institution.

249. (Location of service)
Service shall be effected at the domicile, residence, place of business or administrative office of the person to be served. However, service on a legal representative may also be effected on the place of business or administrative office of the principal.

250. (Notice of place of service, etc.)
1. The party, legal representative or appointed representative may give notice to the court in which the action was filed of the location within Cambodia where service is to be received or may give notice to the court regarding the person to receive service.

2. The party, legal representative or appointed representative may give notice of a change in the previously noticed location at which service is to be received, or in the person previously noticed as the person to receive service.

3. The notice described in Paragraphs 1 and 2 shall be given in writing.
4. Where the notice described in the first part of Paragraph 1 is given, the service shall be made at the noticed location, notwithstanding the provisions of Article 249 (Location of service).

251. (Service at location encountered)
Notwithstanding the provisions of Articles 249 (Location of service) and 250 (Notice of place of service, etc.), service on a person who is to receive service, but regarding whom it is not clear that a domicile, residence, a place of business or an administrative office exists within Cambodia, may be made where such person is encountered, except for persons who gave notice pursuant to the provisions of Paragraph 1 of Article 250 (Notice of place of service, etc.). This shall also apply where service is not refused by a person regarding whom it is clear that a domicile, residence, place of business or administrative office exists within Cambodia, or by a person who gave notice pursuant to the provisions of such Paragraph.

252. (Supplemental service and service of leaving at the location)
1. Where the person who is to receive service is not encountered at the location where service is to be made, the document may be delivered to a domestic servant or other employee, or a co-resident, provided such person possesses proper understanding regarding the receipt of documents.

2. Where the person to receive service or the person to receive delivery pursuant to the provisions of Paragraph 1 unreasonably refuses to receive service, the document may be left at the location where service is to be made.

253. (Service in foreign country)
1. Service that is to be made in a foreign country shall be made by the court entrusting the document to be served to a competent governmental authority of the country or to the Cambodian ambassador, ministerial envoy or consul assigned to that foreign country or stationed therein.

2. Where service is to be made in a foreign country in connection with proceedings to be carried out by an assigned panel member judge or an assigned judge, such judge may also effect service pursuant to the method described in Paragraph 1.

254. (Report of service, etc.)
1. The person responsible for effecting service shall, after service is made, prepare a report of such service and deliver it to the court.

2. The report described in Paragraph 1 shall contain the following matters:
(a) an indication of the case and of the document(s) served;
(b) the person on whom service was to be made;
(c) the date and location of service;
(d) the method of service;
(e) where the person to receive service could not read, that the means was adopted pursuant to Paragraph 3 of Article 247 (Principle of service by delivery);

(f) the signature of the person receiving a document, or the fingerprint seal of such person in lieu of a signature;

(g) where receipt of a document is refused by the person on whom service was to be made or a person to receive delivery thereof pursuant to Paragraph 1 of Article 252 (Supplemental service and service of leaving at the location), the facts regarding such refusal;

(h) where service is made pursuant to Article 252 (Supplemental service and service of leaving at the location), the facts regarding such service; and

(i) the signature of the person effecting service.
3. Where the person responsible for effecting service made an attempt to effect service but was unable to do so, such person shall prepare and submit to the court a report of this fact together with the matters prescribed in subparagraphs (a) through (d) and subparagraph (i) of Paragraph 2.

255. (Requirements for service by publication)
1. Upon motion and with the court's approval, the clerk of the court may effect service by publication in any of the following situations:
(a) where the domicile, residence or other location to be served is unknown even after a reasonable attempt to investigate;

(b) where service could not be made pursuant to the provisions of Article 252 (Supplemental service and service of leaving at the location);

(c) where service in a foreign country could not be made pursuant to the provisions of Article 253 (Service in foreign country), or where service is deemed impossible even pursuant to such provisions; or

(d) where six months have elapsed since service was entrusted to a competent governmental authority in a foreign country pursuant to the provisions of Article 253 (Service in foreign country) and the document establishing proof of service has not been delivered.

2. In the cases described in Paragraph 1, where the court determines service by publication to be necessary in order to avoid delay in the litigation, the court may order the court clerk to effect service by publication even in the absence of a motion.

3. In the cases described in subparagraph (b) of Paragraph 1, the court clerk shall make efforts via an appropriate method to notify the party sought to be served that service by publication has been effected.

4. Following the initial service by publication on a party, subsequent services by publication on the same party shall be conducted on the court's own authority. However, this shall not apply to cases described in subparagraph (c) of Paragraph 1.

256. (Method of effecting service by publication)
1. Service by publication shall be made by posting on the notice board of the court a notice stating that the court clerk has custody of the document to be served and is ready to deliver such document at any time to the person on whom service is to be made. However, service of a writ of summons by publication shall be made by posting the writ of summons on the notice board of the court.

2. Where service by publication is made pursuant to the provisions of subparagraph (b) of Paragraph 1 of Article 255 (Requirements for service by publication), the posting prescribed in Paragraph 1 may be performed at either the location described in Paragraph 1 or a location deemed proper by the court.

3. The court may publish in the Official Gazette or in newspapers the fact that service by publication has been carried out. Where service is to be made in a foreign country, the court clerk may, in lieu of publication in the Official Gazette or newspapers, give notice of the fact that service by publication has been made.

257. (Effective date of service by publication)
1. Service by publication shall take effect two (2) weeks after the first date of the posting of notice pursuant to the provisions of Article 256 (Method of effecting service by publication). However, service by publication made pursuant to the provisions of Paragraph 4 of Article 255 (Requirements for service by publication) shall take effect the day after the posting of notice.

2. Where service is to be made in a foreign country, the period of time prescribed in Paragraph 1 for service by publication shall be six (6) weeks.


EmoticonEmoticon