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(Reportable)IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) RULE 43 CASE NUMBER: 6170/2023 DIVORCE CASE NUMBER: 3345/2022 EDICT AL CITATION: 7662/2022In the matter between: S.HKApplicantAnd R.
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How to fill out substituted service vs edictal

01
To fill out substituted service, provide detailed information about the attempts made to serve the documents to the intended recipient.
02
Explain why the original method of service was not possible or failed.
03
Include the address where the documents were left in case of substituted service.
04
For edictal service, publish the notice in a newspaper or other designated publication as required by law.
05
Ensure the notice includes all necessary information as mandated by the court or jurisdiction.
06
Follow the specific instructions provided by the court for edictal service.

Who needs substituted service vs edictal?

01
Substituted service may be needed when regular methods of serving documents, such as personal delivery, certified mail, or process server, have been unsuccessful.
02
Edictal service may be necessary when the whereabouts of the intended recipient are unknown or when serving them in person is impractical or impossible.
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Substituted service is a method of serving legal documents to a defendant in cases where personal service is not possible, typically involving delivery to a third party or posting at a designated location. Edictal service, on the other hand, involves publishing a notice in a public forum, such as a newspaper, to inform parties of legal proceedings when their whereabouts are unknown.
The plaintiff or the party initiating the legal action is typically required to file for substituted service or edictal service when they cannot locate the defendant for personal service.
To fill out the forms for substituted service, provide details such as the case number, your name, the name of the defendant, and the method of service (e.g., delivering to a third party). For edictal service, complete the form with similar information and include the publication details, specifying where and how the notice will be published.
The purpose of substituted service is to ensure that the defendant receives notice of legal proceedings when personal service cannot be accomplished. Edictal service aims to notify individuals whose whereabouts are unknown through public announcements, thereby ensuring due process.
The information required includes the names and addresses of the parties involved, the nature of the legal action, the method of service used (for substituted), and details of the publication (for edictal), along with the relevant case number and court information.
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