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.
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