CODE OF CIVIL PROCEDURE IN FIJI

This article will provide guidance on the Code of Civil Procedure in Fiji. The legal framework for the governance of Fiji may be found in the Constitution of the Republic of Fiji. It establishes the separation of powers between the Legislative (or Parliament), the Executive, and the Judicial branches of government.

The Judiciary is the government agency in charge of upholding and clarifying Fiji's legal code. The courts, including the Supreme Court, the Court of Appeal, the High Court, the Magistrates Court, and any other courts or tribunals that may be established by statute, are responsible for carrying out the duties and responsibilities of the judiciary.

Judiciary decisions are made apart from legislative and executive actions.

BACKGROUND

Any civil cases under any law, including such other original jurisdiction as may be bestowed upon it by the Constitution or any written legislation, are within the Fiji High Court's limitless original jurisdiction. It also has exclusive authority over constitutional issues and questions of constitutional interpretation.

Appeals from decisions of the Magistrates Court and other subordinate courts are heard and decided by the High Court, subject to rights of appeal conferred by written law and to such restrictions as may be imposed by written law. Any civil or criminal proceedings before a Magistrates Court or other subordinate courts are subject to the supervision of the High Court, which may, on an application made to it, make such orders, issue such writs, and give such directions as it deems appropriate to ensure that justice is administered properly.

The Magistrates Court or a lower court has the authority to rule on any point of interpretation of this Constitution that may arise in any process before it, and its judgment may be appealed directly to the High Court. The High Court also has a division called "Probate Jurisdiction" that handles probate applications and grants under the Succession, Probate, and Administration Act. Various practice directives and Order 76 of the High Court Rules apply to the probate application. 

Fiji process service, also known as "service of process," is the practice of formally notifying a party (such as a defendant), court, or administrative body of a pending legal action to obtain jurisdiction over that party and give that party time to file an appropriate response or otherwise participate in the proceeding. At Undisputed Legal, we ensure that any legal action may be served in accordance with the specific civil procedure laws of that area. Fiji process service involves a third party, a "process server," delivering a bundle of legal papers to the addressee as the law requires. We ensure that our servers comply with domestic and international requirements when serving legal documents. 

QUESTIONS OF JURISDICTION IN FIJI

At the plaintiff's request, one or more writs may be issued simultaneously with the initial writ or before the original writ's expiration. A writ can be issued concurrently for service within the jurisdiction and service outside the jurisdiction, as well as service outside the jurisdiction and service within the jurisdiction. Service of legal papers within and out of Fiji is a complicated route, so a private process service agency like Undisputed Legal is paramount in ensuring a hassle-free delivery of papers.

No writ to be served beyond the court's jurisdiction should be issued without permission. This does not apply to a writ if every claim made by the writ is one that the High Court has the power to hear and determine by virtue of an enactment, notwithstanding that the person against whom the claim is made is not within the jurisdiction of the Court or that the wrongful act, neglect, or default giving rise to the claim did not take place within its jurisdiction.

A writ is issued after a Registry officer has signed and sealed it. To be valid, a concurrent writ must be stamped by the officer who sealed it to indicate that it is a concurrent writ. 

VALIDITY OF A WRIT IN FIJI 

A writ (other than a concurrent writ) is valid in the first instance for twelve months starting on the date of its issue, and a concurrent writ is valid in the first instance for the period of validity of the original writ that is unexpired at the date of issue of the concurrent writ.

Where a defendant has not been served with a writ, the Court may, upon application made before the day on which the writ would otherwise expire or such later day (if any) as the Court may allow, extend the writ's validity for such period, not exceeding twelve months at any one time, beginning with the day next following that on which it would otherwise expire.

A writ whose validity has been prolonged under must be stamped with an official stamp indicating the length of time its validity has been extended before it may be served. Suppose an order is made to prolong a writ's validity under this rule. In that case, that order will also apply to any additional writs (original or concurrent) issued in the same activities that have not yet been served, thus extending the validity of those writs until the end of the term stated in the order.

It is often complicated to ensure all the documents required by Fiji Process Service are in order. This is why it is recommended to hire a private process service agency like Undisputed Legal to ensure that you are always aware of the status of your papers. We keep you in the loop so that you can rest assured about the safety and delivery of these important documents. 

SERVICE OF PROCESS IN FIJI

The person or entity that issues a summons (other than an ex-parte summons) is called a plaintiff, while everyone else is called a defendant. A statement of the questions for which the plaintiff seeks the High Court's determination or direction, or, as the case may be, a concise statement of the relief or remedy claimed in the proceedings commenced by the originating summons, with sufficient particulars to identify the cause or causes of action in respect of which the plaintiff claims that relief or remedy, must be included in every originating summons.

The plaintiff must physically deliver the writ to each defendant. Instead of physically serving a writ on a defendant within the jurisdiction, the writ may be served by either [A.] mailing a copy of the writ to the defendant at his regular or last known address or [B.] personally delivering it to the defendant. 

Service must be regarded to have occurred on the seventh day after the day the copy was sent to or, as the case may be, inserted in the mailbox for the address in question.  A copy of the writ, if sent to, or, as the case may be, inserted through the letter box for, the address in question, will have come to the knowledge of the defendant within seven days thereafter, in the opinion of the deponent (or, if the deponent is the plaintiff's solicitor or an employee of that solicitor, in the opinion of the plaintiff. The writ shall be regarded to have been properly served on the defendant on the date of endorsement by the defendant's attorney that the attorney accepts service of the writ on behalf of the defendant.

Where a writ is not officially served on a defendant. Still, they recognize service of it; the writ must be presumed to have been duly served on them and to have been so served on the date on which they acknowledge service unless the opposite is demonstrated. 

In certain cases, the court may allow the service of a writ issuing an action pertaining to the contract to be made on the agent rather than the principal. The defendant must respond to service on his or her agent within the time frame specified in the order authorizing service of the writ. A copy of the writ and the order authorizing service on the defendant's agent must be sent to the defendant at their out-of-court location whenever an order is issued authorizing service on the defendant's agent.

OUT-OF-STATE SERVICE IN FIJI

First and foremost, as a private process service agency, Undisputed Legal must serve the process upon the relevant authority in Fiji. Since Fiji is not a signatory to the Hague Service Convention, the process will not be routed through the traditional route of the Central Authority.  

Service of a writ outside of the jurisdiction is possible with the consent of the Court if in action commenced by the writ if the defendant is a resident of the forum state and damages are claimed in connection with a failure to do or the doing of anything within the jurisdiction. Service can also be done if an injunction is sought to require the defendant to do or abstain from doing something. Service is also available if the defendant was properly served either within or outside the jurisdiction, and an out-of-state defendant is a necessary or appropriate party to the action or the claim is filed to enforce, revoke, dissolve, cancel, or otherwise impact a contract, or to collect damages or get other relief in connection with the violation of a contract, which (in any event) is a contract which-

Without the court's permission, one can serve a writ on someone outside of the court's jurisdiction as long as the claims it asserts are ones that the High Court has the authority to hear and decide under the law, regardless of whether the defendant or the wrongdoing that gave rise to the claim is located in one’s jurisdiction or not.

To apply for permission to serve, one must submit an affidavit with [A.] the justifications for filing the petition, [B.] the deponent is of the opinion that the plaintiff has a valid claim, [C.] where the defendant now resides or may be discovered, and [F.] if an application is submitted, the specific reasons why the deponent believes that there is a genuine dispute between the plaintiff and the person on whom the writ has been served that the plaintiff may legitimately seek the Court to try.

For the Court to provide permission for service outside of its jurisdiction under this Order, it must be convinced that doing so is in the best interests of justice. The time frame in which the defendant to be served must enter an appearance must be specified in the decision granting permission to serve a writ outside the jurisdiction.

 JURISDICTIONAL SERVICE OUT OF FIJI

Serving a writ outside the court's jurisdiction may be served in any manner permitted by the nation's law in which service is performed, without the requirement for personal service on the party to whom it is addressed.  A certificate issued by an authorized entity declaring that a writ in respect of which Rule 4 has been complied with has been served on a person personally or in accordance with the legislation of the nation in which service was performed on a given date, being a certificate by a consular authority of Fiji in that country, or by the law enforcement or governing bodies of that nation. Service by any other authority recognized about that nation under the Hague Convention will be considered proof of the facts. Until the opposite is shown, a document claiming to be a described certificate must be considered such a certificate.

Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, signed in The Hague on November 15, 1965, is called "the Hague Convention."  It should be noted that Fiji is not a signatory to the Convention. Often, this is confusing to overseas litigants. However, Undisputed Legal ensures that service is still conducted according to the civil procedure requirements of Fiji. All Fiji consuls and governmental and judicial officials overseas are authorized to effect the service of process on behalf of the government of Fiji. At Undisputed Legal, we examine the signatory status of the receiving nation with the Hague Convention. We ensure that service is done thoroughly and efficiently, and a major aspect of the same is examining whether Fiji has any objections to the convention. Service may be then sent by mail if the country has no objections.

Where a writ is to be served on a defendant in any country about which there subsists a Civil Procedure Convention (other than the Hague Convention) providing for service in that country of the process of the High Court, the writ may be served via that country's court system; or with the help of a local Consulate of Fiji (subject to any provision of the convention as to the nationality of persons who may be so served).

OUR PROCESS

Documents can be faxed at (800) 296-0115, emailed to ps@undisputedlegal.com, or uploaded to our website. We do require prepayment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist receives all documents.

DOMESTIC COVERAGE AREAS:

Alaska | Alabama | Arkansas | Arizona | California | Colorado | Connecticut | District of Columbia | Delaware | Florida| Georgia | Hawaii | Iowa | Idaho | Illinois | Indiana | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Maine | Michigan | Minnesota | Mississippi | Missouri | Montana | North Carolina | North Dakota | Nebraska | New Hampshire | New Jersey | New Mexico | Nevada | New York | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Virginia | Vermont | Washington | West Virginia | Wisconsin | Wyoming

INTERNATIONAL COVERAGE AREAS:

Albania | Andorra | Anguilla | Antigua | Argentina | Armenia | Australia | Austria | Azerbaijan | Bahamas | Barbados | Belarus | Belgium | Belize | Bermuda | Bosnia and Herzegovina | Botswana | Brazil | British Honduras | British Virgin Islands | Bulgaria | Canada | Cayman Islands | Central and Southern Line Islands | Chile|China (Macao) | China People's Republic | Colombia | Costa Rica | Country of Georgia | Croatia | Cyprus | Czech Republic | Denmark | Dominican Republic | Ecuador | Egypt | Estonia | Falkland Islands and Dependences | Fiji | Finland | France | Germany| Gibraltar | Gilbert and Ellice Islands | Greece | Guernsey | Hong Kong | Hungary | Iceland | India | Ireland | Isle of Man | Israel | Italy | Jamaica | Japan | Jersey Channel Islands | Jordan | Kazakhstan | Korea | Kuwait | Latvia | Lithuania | Luxembourg| Malawi | Malaysia | Malta | Mauritius | Mexico| MonacoMontenegro | Montserrat | Morocco | Namibia | Netherlands | New Zealand |Nicaragua | Norway | Pakistan | Panama | Paraguay | Peru | Philippines | Pitcairn |Poland| Portugal | Republic of Moldova | Republic of North Macedonia | Romania |Russian Federation | Saint Vincent and the Grenadines | San Marino | Saudi Arabia | Serbia | Seychelles | Singapore| Slovakia| Slovenia | South Africa | Spain | Sri Lanka | St. Helena and Dependencies | St. Lucia | Sweden | Switzerland | Taiwan| Thailand | Tunisia | Turkey | Turks and Caicos Islands| UkraineUnited Kingdom of Great Britain and Northern Ireland | Uruguay | US Virgin Islands | Uzbekistan | Venezuela | Vietnam

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 - 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 - 1101 Pennsylvania Avenue, Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN FIJI

Pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Fiji process service needs; no job is too small or too large!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

"Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives"- Foster, William A

Sources

1. If a decedent had property in Fiji and another country, but only Probate or Letters of Administration were issued in the latter, the executor or trustee would need to "reseal" such documents in Fiji before they could be used to distribute the decedent's Fijian property.

2. An indorsement must be attached to a writ before it may be issued  and needs to be included with a statement of claim or, if no statement of claim is attached to the writ, by a brief description of the claim or relief sought in the action initiated and a statement of the amount claimed in respect of the debt or demand and for costs, as well as a notification that further proceedings will stay if the defendant pays the amount so claimed to the plaintiff, his attorney, or agent within the time permitted for appearing;

3. Thirdly, a concurrent writ is a replica of the original writ, with only those modifications (if any) required by the nature of the process for which it was issued.

4. No writ shall be sealed unless the person tendering it leaves at the Registry a copy thereof signed by the plaintiff (if he is suing in his name) or, if he is not suing in his name, by or on behalf of his solicitor, and produces to an officer of the Registry a form of acknowledgment of service in Form No. 2 in Appendix A for service with the writ on each defendant.

5. Order applies to all originating summonses unless specific exceptions are granted for a certain kind of originating summons in the Rules or by or under a specific statute.

6. All originating summonses (other than ex parte summonses) must be in Form No. 3 or, if so authorized or needed, in Form No. 4 in Appendix A. All ex parte originating summonses must be in Form No. 5 in Appendix A.

7. If a letterbox is provided for such an address, drop a letter into the box. Mailing a copy of the writ to the accused while keeping it under wraps.

8. This is a declaration to the effect that must appear in any affidavit establishing the proper serving of the writ

9. Subject to the provisions of any Act and these Rules, including, in particular, any statute which provides for the method in which papers may be served on corporate bodies, this Rule 7 shall take effect.

10. This is subject to Order 12, rule 7.

11. Upon receipt of the documents required to be filed under paragraph (4), the Registrar shall forward them to the Minister with a request that he arrange for the writ to be served in the manner specified in the request filed under paragraph (4), or in the alternative, in the manner specified in the request filed under paragraph (4).