- Laws of Fiji

Last Updated: 1 August 2020

1 Mode of acknowledging service (O 12, R 1)

(1) Subject to paragraph (2) and to Order 80, Rule 2, a defendant to an action begun by writ may (whether or not he or she is sued as a trustee or personal representative or in any other representative capacity) acknowledge service of the writ and defend the action by a solicitor or in person.

(2) The defendant to such an action who is a body corporate may acknowledge service of the writ and give notice of intention to defend the action either by a solicitor or by a person duly authorised to act on the defendant's behalf but, except as aforesaid or as expressly provided by any enactment, such a defendant may not take steps in the action otherwise than by a solicitor.

(3) Service of a writ must be acknowledged by properly completing an acknowledgement of service as defined by Rule 2, by making a copy of it and by handing in at the Registry out of which the writ was issued the acknowledgement of service together with the copy made thereof.

[para (3) subst LN 67 of 1993 r 4, effective 9 August 1993]

(4) If 2 or more defendants to an action acknowledge service by the same solicitor and at the same time, only one acknowledgement of service need be completed and delivered for those defendants.

(5) The date on which service is acknowledged is the date on which the acknowledgement of service is received at the appropriate office.