McLellan Herbert, Barristers & Solicitors
McLellan Herbert, Barristers & Solicitors
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New Normal: Part 3D – Estate Litigation Filing Affidavits of Service or Delivery

by | Jun 12, 2020 | Estate Litigation

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Estate Litigation & COVID-19: COVID-19 Notice No. 24 was issued by Chief Justice Hinkson on May 26, 2020, which declared that parties not appearing Court in-person as a result of safety measures taken in light of COVID-19 must file their affidavits of service or delivery.


Affidavits of service or delivery can be e-filed online through CSO. If the hearing date is imminent, the e-filing party should request filing on an urgent basis. An example of how to make a rush request when e-filing is provided in Notice No. 24:

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Filing by Fax, Mail, or Drop Box

If a party is unable to use e-filing, affidavits of service or delivery can be filed by fax, mail, or drop box, in accordance with COVID-19 Notice No. 8 (at page 6). If an affidavit of service or delivery must be filed by one of these methods, and the hearing is imminent, the filing party should include a note requesting urgent filing, indicating the hearing date, and the way in which the parties will appear. In Notice No. 24, it is noted that while registry staff will make best efforts to scan these affidavits before the heating, it cannot be guaranteed. If a party uses the drop box method, they should also consider that the contents in the drop box are quarantined for 24 hours.