Legislative part

If the time limits prescribed in the preceding article have not been observed, the following rules shall apply: 1° In the event that the party summoned does not appear, the summons must be declared null by the court; 2° In the event that the party summoned does appear, the summons is not null but the court must, at the request of the party summoned, order referral to a subsequent hearing….

Service of decisions, where necessary, shall be effected at the request of the public prosecutor or the civil party.

The bailiff must take all necessary steps to ensure that his writ is delivered to the addressee himself or, if the addressee is a legal person, to its legal representative, to an authorised representative of the latter or to any person authorised for that purpose; he shall give the addressee a copy thereof. Where service is made on a legal person, the bailiff must, in addition and without delay, inform…

Service of a decision on a person by bailiff is equivalent to personal service, if the person is detained, by the head of the prison or, if the person is on the premises of a criminal court, by a court clerk or magistrate.

If the person to whom the summons is addressed is absent from his or her home, the copy shall be delivered to an allied relative, servant or a person residing at that home. The bailiff shall indicate in the summons the capacity declared by the person to whom this delivery is made.

If the copy has been delivered to a person residing at the domicile of the person to whom the writ relates, the bailiff shall inform the interested party of this delivery without delay, by registered letter with acknowledgement of receipt. Where it is clear from the notice of receipt, signed by the person concerned, that the latter has received the registered letter from the bailiff, the writ delivered to the…

If the bailiff does not find anyone at the domicile of the person to whom the writ relates, he shall immediately verify the accuracy of that domicile. When the address indicated is indeed that of the interested party, the bailiff mentions in the writ his diligence and findings, then he informs the interested party without delay, by registered letter with acknowledgement of receipt, informing him that he must collect as…

If the person against whom the writ is served has no known domicile or residence, the bailiff shall deliver a copy of the writ to the public prosecutor’s office of the court seised. The foregoing provisions shall apply to the service of a document concerning a legal person whose registered office is unknown. When the public prosecutor ascertains by means of a report that a person whom he wishes to…

If the writ is a service of a decision, the bailiff must have completed the steps provided for in Articles 555 to 559 within a maximum period of forty-five days from the request of the public prosecutor or the civil party. On expiry of this period, the bailiff must inform the public prosecutor that he has been unable to effect service. The public prosecutor may then arrange for service to…

Where it is not established that the interested party has received the letter addressed to him by the bailiff in accordance with the provisions of Articles 557 and 558, or when the writ has been delivered to the public prosecutor’s office, an officer or agent of the judicial police may be requested by the public prosecutor to carry out searches with a view to discovering the address of the person…