Generally, the Federal Courts Rules distinguish between originating documents and non-originating documents. An originating document is a document that starts the process going, like a notice of application. Originating documents need to be served “personally”.
The rules dealing with personal service can be found at rules 127 to 137.
A non-originating document refers to all the other documents that are not originating documents. Generally, they need not be served personally.
Once a document is served, the person who served the document must show that he indeed served the document. This is referred to as “proof of service.” The Federal Courts Rules specify how service can be proven at rules 146 to 148. Except for originating documents, the Registry will generally not accept a document unless it is accompanied by a proof of service showing that the document was served within the time and in the manner provided for under the rules.
Last updated: October 9, 2016
