Search
The Laws of Fiji
Last Updated: 1 August 2020

6 Service of writ and notice (O 54, R 6)

6
(1) Subject to paragraphs (2) and (3), a writ of habeas corpus ad subjiciendum must be served personally on the person to whom it is directed.
(2) If it is not possible to serve such writ personally, or if it is directed to the Commissioner of the Fiji Corrections Service or other public official, it must be served by leaving it with a servant or agent of the person to whom the writ is directed at the place where the person restrained is confined or restrained.
(3) If the writ is directed to more than one person, the writ must be served in the manner provided by this Rule on the person first named in the writ, and copies must be served on each of the other persons in the same manner as the writ.
(4) There must be served with the writ a notice (in Form 28 in Appendix 1) stating the Court or Judge before whom and the date on which the person restrained is to be brought and that in default of obedience proceedings for committal of the party disobeying will be taken.

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