ROYAL COURT OF
JERSEY
RC15/01
Service Out of
Jurisdiction
Contents of
Affidavits on Application
1. Affidavits required by Rule 9
of the Service of Process (Jersey) Rules 1994, as in support of an application
for leave to serve a summons out of the jurisdiction must -
(1) exhibit a copy of the Order
of Justice instituting the proceedings together with any other relevant
documentation;
(2) identify the paragraph or
paragraphs of Rule 7 relied on as giving the Court jurisdiction to order
service out, together with a summary of the facts relied on as bringing the
case within each such paragraph;
(3) state the belief of the
deponent that there is a good cause of action - it should be sufficiently full
to show that the plaintiff has a good arguable case for the relief claimed;
(4) summarise the considerations
relied upon as showing that the case is a proper one in which to subject a
party outside the jurisdiction to proceedings within it;
(5) summarise why Jersey is
the appropriate forum for the proceedings;
(6) draw attention to any
features which might reasonably be thought to weigh against the making of the
order sought;
(7) show in what place or country
the defendant is or probably may be found; and
(8) indicate the date which the
plaintiff invites the Court to specify as the date upon which the defendant is
to appear before the Court.
2. This practice direction
replaces Practice Direction 05/03, and shall take effect from 5th January,
2015.