399. Proof of service

399. Proof of service

(1) Service of a document may be proved by—

(a) oral sworn evidence; or

(b) affidavit; or

(c) declaration.

(2) Evidence of service must identify the document served and state the time and manner in which service was effected.

(3) A document purporting to be an affidavit or declaration under subsection (1)(b) or (1)(c) is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements in it.

(4) An affidavit or declaration under subsection (1)(b) or (1)(c) must be filed in court—

(a) in the case of service of a summons to answer to a charge for an indictable offence where a date for a filing hearing has been fixed, at least 2 days before the filing hearing;

(b) in the case of service of any other summons to answer to a charge, at least 7 days before the return date;

(c) in the case of service of any other document, a reasonable time before the hearing to which it applies.