Procedural Law (2010:1932)

Original Language Title: Delgivningslag (2010:1932)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:1932

Introductory provisions



section 1 of this Act apply when the service to be performed in case or case

the Court or other authority, or when the service in other

cases should be carried out in accordance with the law.



If the law is a provision that

deviating from this law, the terms of that provision.



section 2 of the Service means that a document be sent or given

to the person or persons who are authorized to receive

service or to any other procedures provided for

This law is used.



The one who alone or together with any jurisdiction

against the service designated in this act as service recipients.

Provisions concerning the recipients of service see

11-15 sections.



Notification in accordance with this law is carried out by means of service



-ordinary service (§§ 16-18),



-oral service (§§ 19-21),



-simplified notification (22-26 sections),



-special service with legal personality (§§ 27-30),



-stämningsmannadelgivning (31-46 sections), and



-announcement service (47-51 sections).



paragraph 3 of the service by a person residing abroad may take place if

the State in which service is to take place so permits.



For service referred to in the first subparagraph, the law on the

foreign capital applied, whether it would not be contrary to the

Swedish general principles of law.



A notice of a victim, a witness, expert or

any referred to in chapter 36. the second and third subparagraphs of paragraph 1 of the

the code of judicial procedure, to be served abroad, must not take place at the

penalty, subject to the Act (1974:752) of Nordic

obligation to give evidence. Team (2013:877).



4 § method should be selected on the basis of the

to be effective with regard to the content of the document

and the scope and cause as little costs and inconvenience

possible.



The service must not be done in a way that is inappropriate in view of

the circumstances in the case of service.



4 (a) of section Contains an application for assistance with the service in the

Sweden a request that a certain procedure for derogation

from this law is to be used, it must be applied, unless it

would be contrary to Swedish general principles of law.



For assistance with the service in Sweden receives notification of a

document written in or translated into another

language than Swedish or a language resulting from a

international agreement which is binding for Sweden,

be made only with the consent of the recipient of service if it is not

is clear that he or she understands the other language.

Team (2013:877).



section 5 Of an act as an authority shall serve a person is

comprehensive or it is inappropriate to send

or leave the action, the Agency may decide that the document

Instead, during certain period of time should be kept at the disposal of the authority

or elsewhere as authority decides. A message

If the content is to be served.



The first subparagraph shall not apply to service of a document

initiates a proceeding before a court or other authority.

The first paragraph does attachments to such an act.



section 6 of the provisions of this Act on the service of a document

apply for service by other than action.



Who will ensure that service is effected, etc.



section 7 an authority dealing with a case or matter to see

the service is effected.



section 8 Asks a party or someone who has similar status to

to ensure that service is effected and it is not inappropriate,

the Agency may decide on this. The authority shall in its decision

specify a fixed period within which proof of service shall be submitted

to the authority. Have proof of service not filed

within the prescribed time limit, the authority shall ensure that notification

takes place.



section 9 A person must ensure that service is effected without

the context of a case or matter may turn to a

the County Board or, if service is to be carried out abroad,

to the County Administrative Board of Stockholm for assistance with

the service.



The Government may provide for conditions for

assistance with the service of documents abroad referred to in the first subparagraph.



The County Board shall reject a request for notification of

the prescribed application fee has not been paid.

Team (2013:877).



section 10 When a person must ensure that service is effected according to 8

or section 9, only ordinary service and

stämningsmannadelgivning be used. When the provincial Government assists

individual with service under section 9 may, however, also be attested

by special service with legal persons and public notice-

service of process.



Certificate of service recipients



Service by a natural person



11 § with regard to service with an individual he or she

certificate of service recipients.



Has an individual representative who is competent to

represent him or her in the thing, are in place

Representative for service recipients. If there is any reason to

It is the physical person and the representative together

certificate of service recipients.



Service by State



12 § with regard to service with the State is a person who is competent to

receive notification when the authority to monitor State

right in the matter of service recipients.



If it's not of the law States that a particular

authority to monitor State's right in the thing is the Attorney General,

or any other person authorized to receive service of process

for the Attorney General's behalf, the service receiver.



Service with other legal person other than the State



section 13 for service with other legal person other than the State is a

person who has the right of representation of the legal person

certificate of service recipients. If more than one is competent, together, are each

and one of them recipients of service. An Executive Director in the

a limited company is always of service recipients.



Have a try to service by service recipients in accordance with

the first paragraph has failed or is deemed such a

process server testing effort, is a substitute for a

competent Deputy, or vice

Director in a limited company, certificate of service recipients. The alternate

or the Deputy Executive Director shall ensure that the document

as soon as it can be left to someone who has the right to

representation of the legal person.



Service with a partner in the community, etc.



14 § with regard to service with a partner in a community or with

members of the Association are, unless section 13 applies,

also a member of the Board of directors or other designated to manage

samfällighetens or Association Affairs

certificate of service recipients. There is neither the Board of directors or managers,

is someone who has the right to convene them to decide in

samfällighetens or Association Affairs

certificate of service recipients.



Have a try to the notification referred to in the first subparagraph

failed or is deemed such a process server testing

hopeless, is a substitute for a member of the Board of Directors

certificate of service recipients. The alternate shall ensure that the document

as soon as it can be left to someone who has the right to

represent the shareholders or members or inform them that

provided with the service.



Service by anyone who has a delegate



section 15 Is the one with which the service should be a representative is

competent to accept the document is also the Attorney

certificate of service recipients. Such agents and action

be provided to a recipient of service within the meaning of §§ 11-14, should

the agent is informed of this.



The first subparagraph shall not apply if the document contains a

injunction for the addressee to perform any

personally.



Ordinary service



How ordinary service go to



section 16 of the Regular Service is effected by action addressee

sent or submitted to the service recipient.



When regular service may be used



section 17 of the ordinary service may be used for all service.



Only authority may by ordinary service send the document on

electronic means.



Time of service



section 18 of the ordinary service have occurred when the

certificate of service recipients have received the document.



If a postal item has been retrieved by bid, should the action be considered to

have been received by the service recipient when mailing

taken by the bid.



Oral service



How oral service go to



19 § Oral notification is effected by adding the contents of the

document to be served is read up to the service recipient.

Such service may also refer to a vocation, an injunction

or another decision that has not yet been written.



Action or decision, then it's got to be in writing,

to be sent or given to the recipient of the service if it can

occur and not deemed unnecessary.



When oral notification may be used



20 § Oral service may be used by an agency if

notification to occur in a case or matter.



Oral service may not be used in the service of a

Act that initiates a procedure.



Time of service



section 21 Oral notification was effected when the content referred to in

section 19 has been read.



Simplified notification



The simplified notification goes to



section 22 of the Simplified service is effected by the Act to be

be served is sent to the recipient of service and that the

the following day sent a control message that

the document has been sent.



section 23 by the simplified notification shall document and

the token is sent to the service recipient's last

known address.



If the service recipient's last known address cannot be used

gets the document and the token is sent to the

service recipient's registered address if such address

exists and is different from that used in the document

passed under the first subparagraph.



When simplified notification may be used



24 § Simplified service may be used by an authority in the

notification to the party or have similar status in

a goal or purpose, if it has been advised of the

Authority will accept can be used in

the goal or the case.



Simplified service may not be used in the service of a

Act that initiates a procedure.




25 § Information pursuant to section 24 of the first subparagraph shall be served by

ordinary service, oral service, special service with

legal person or stämningsmannadelgivning under 32 or

38 §.



Notification in accordance with the first paragraph need not be done if someone has

given in a document in the case or matter and information

This is provided in close proximity to the action has

received by the authority.



Time of service



section 26 of the Simplified notification has occurred when two weeks have

elapsed from the time the Act was passed, if

the token has been submitted in the prescribed manner and the

not in the circumstances seem unlikely

the document arrived in this time.



Special notification to legal person



How special service with legal person goes to



section 27 of the Special service of legal persons is done by

the document to be served is sent to the legal person

and to the next working day will be sent a

control message that the document has been sent.



section 28 At special service with legal personality should act

and the token is sent to the mail address that is

registered for the legal entity in such a register

referred to in section 29.



When special service with legal personality may be used



section 29 Particular service with legal personality may be used by a

authority if an attempt at ordinary service or simplified

the service has failed in the same case or a service

such attempts of service deemed hopeless with regard to service

with



1. limited company which is registered in the companies register,



2. economic associations, housing associations, cooperative

rental and building cooperatives and sambruksföreningar registered

in the register of associations,



3. General partnership, limited partnership, non-profit associations and

registered religious communities registered in the

trade register,



4. banking company, savings banks and member banks

registered in the bank register,



5. insurance company and mutual insurance companies

registered in the register of insurance,



6. European company which is registered in the European companies register, and



7. cooperatives registered in

European cooperative register.



Time of service



section 30 of the Special service of legal persons has occurred when two

weeks have elapsed from the time the Act was passed, if

the token has been submitted in the prescribed manner and the

not in the circumstances seem unlikely

the document arrived in this time.



Stämningsmannadelgivning



How stämningsmannadelgivning going to



31 § Stämningsmannadelgivning is done by a person who

According to section 40 is authorized to perform such service leave

the document to be served in any of the ways specified in 32-38

sections and documents the action.



Stämningsmannadelgivning when the service recipient is encountered



32 section At stämningsmannadelgivning to the document submitted to the

the recipient of service if he or she is found.



Refuse to accept the receiver to accept the document to the

be left on site, if it is not inappropriate given

to the circumstances.



section 33 Of the document to be served is not available when

a certificate of service recipients are found, may, if

stämningsmannadelgivning rather than a written communication

with the information contained in the document to be served.



The document to be sent or submitted to the service recipient

If this can be done and not deemed unnecessary.



Stämningsmannadelgivning by document submitted to a

person other than the recipient of service



34 section At stämningsmannadelgivning, the Act in cases like

set out in sections 35 and 36 provided to a person other than the person

certificate of service recipients. The plot may be granted only to a

person agrees to it and who is not a counterparty in the same

case or case to the addressee.



A notification of that notification in accordance with the first subparagraph is

happened and who the document has been submitted to be sent to

the recipient of service.



section 35 Of the service recipient has known domicile in Sweden but

is not found there, the document may be submitted to an adult member

of the households that the recipient belongs to and which

found in or immediately adjacent to the residence.



section 36 Of the service recipient is not found in the workplace

during normal working hours, the plot is left to his

or her employer. With employer means a person in

a managerial or comparable position or Manager

for the staff activity on

service recipient's office location.



37 § anyone who has received the document in accordance with § 35 or 36 to

make sure that the document is provided to the recipient service so

soon it may be. The service will provide information on

This obligation when the document is submitted.



Stämningsmannadelgivning by the Act left in or

connection to service the recipient's domicile



38 section At stämningsmannadelgivning, the Act is given in

service recipient's place of residence or at the appropriate place in

connection to his or her place of residence, if



1. method of service recipient is not found there,



2. documents cannot be submitted according to 34-36 sections,



3. it cannot be clarified was the recipient of service are

itself, and



4. the taking into account of what has transpired in the current

accept the case or at the second service try

service recipient is reason to believe that he or

She has absconded or otherwise stay away.



Time of service



39 § Stämningsmannadelgivning under 32, 33 or 38 § has

occurred when the action or the written notification has

submitted in the prescribed manner, or if the recipient of service has

refused to accept the document or message.



Stämningsmannadelgivning according to 34-37 sections have been

the Act has been provided and the notification has been sent.



Who gets to perform the stämningsmannadelgivning



40 § Stämningsmannadelgivning may be carried out by judicial officer

or by any person who is employed by



-Police authorities,



– Security police,



– Public Prosecutor,



– General Court,



– General Administrative Court,



– Swedish enforcement authority,



– The Revenue Commissioners,



— Swedish foreign mission, and



– authorized service company.



Stämningsmannadelgivning may be carried out by staff of the

each establishment of the recipient of service is set out in the



– correctional,



– custody,



– such a collection unit referred to in paragraph 5 of the Act (1991:1137)

about RPU,



– such a health care facility within the meaning of section 6 of the first subparagraph, the law

(1991:1129) on forensic psychiatric care,



– such a hospital facility referred to in section 15, first subparagraph

Act (1991:1128) on involuntary psychiatric,



– such a home within the meaning of section 12 of the Act (1990:52) with special

provisions on the care of the young, or



– such home referred to in section 22 of the Act (1988:870) the care of

drug users in some cases. Law (2014:647).



The appointment of judicial officers



41 § Police appoints judicial officers.

Law (2014:647).



Police the right to open mail



42 § Police may open an item that has

submitted to the Agency for stämningsmannadelgivning, if it

needed, to allow the forwarding of the content within the

authority for the service. However, this does not apply if

the client has specified that the shipment may not be

opens. Law (2014:647).



Vendor's



43 § property owners, tomträttshavare, tenant or

holders of residential leases shall, on request of the

stämningsmannadelgivning State whether service recipient is

living on the property or in the apartment or otherwise

have space there.



44 section an employer is obliged, upon request of the

stämningsmannadelgivning State whether service recipient is

employed by him or her and, if so, indicate the

service recipient's working hours, workplace and other

conditions relating to employment and to facilitate the

the service.



45 § Disclosure under sections 43 and 44 shall not apply to the

in those circumstances, to accept the receiver

specified in chapter 36. section 3 of the code of judicial procedure.



Access to individual area is home



§ 46 judicial officer and any person who is employed by

Police, security police, public prosecutor, General

Court, General Administrative Court, bailiff,

The tax agency and authorized service companies have the right to

get access to individual area is home for

to execute stämningsmannadelgivning.



A police officer who refused such access may, at the discretion of

The police and the security police, self prepare

to access. If any other person referred to in the first

the paragraph is refused access, to provide Police assistance

If the person so requests. Law (2014:647).



Proclamation service



How to order the service, go to



47 § Release notification is effected by that authority decides

to the document to be served is held available some time in

authority or elsewhere and a message about this

and if the main content of the decision within 10 days of

the decision is announced and in some cases given to know otherwise

in accordance with what is specified in §§ 48-50.



Release notification when the recipient of service has no known

residence or evading service of process



48 § Release notification may take place



1. where the recipient of service has no known domicile and it does not

can be clarified where he or she resides,



2. If the conditions for stämningsmannadelgivning according to

38 section are met, or



3. If the conditions for the simplified notification are met

but such an address referred to in section 23 is missing.



A notification referred to in section 47 should be entered in the postal and

Official Gazette and, if there are reasons for this, in

ortstidning. If public notice service referred to in the first subparagraph have


and then new notification shall be made in the same case or

case, get the message, rather than being set aside in local authority.



Release notification when an indefinite circuit or a large

number of persons to be served



§ 49 Order notification may take place



1. If an indefinite circuit to be served,



2. If a large number of people to be served and the

the purpose of the service is not reasonable for the service

happens to every one of them, or



3. If a partner in the community or members of the Association

to be served, there is no that are recipients of service

for them, as set out in paragraph 14 and the shareholders or

Members are more than ten.



A notification referred to in section 47 should be entered in the postal and

Official Gazette and, if there are reasons for this, in

ortstidning. The service in such a case referred to in

the first paragraph 2 refers to persons who rent or otherwise holds

apartments on the same property to the message also posted

within the property in an appropriate manner.



A message notification to be sent to someone or

some of them that the service intends to be available

for all those provided with the service. Includes a State

authority or a municipality from among those referred to in the notification,

the message will always be sent to the authority or municipality.



Public notification when a legal person has not fulfilled

their registration obligations



50 § Release notification may take place



1. If a legal person referred to in section 29 does not have a registered

postal address which can be used for special service with

legal person, or



2. If a legal person contrary to the provisions in

does not have a registered competent representatives and anyone in Sweden

living person has not been appointed to the legal person,

behalf to receive service of process and attempt to service with other

applicable methods have failed or attempt

deemed hopeless.



A notification referred to in section 47 should be entered in the postal and

Official Gazette.



If the entity has a registered postal address in

such a case referred to in the first subparagraph 2 a message

the notification will be sent to this address.



Time of service



§ 51 Release notification has occurred when two weeks have

After the decision on the release notification, if announcement

and other prescribed actions have taken place at the right time.



Appeal



52 § County Board's decision in procedural matters under 9 and

10 sections and to reject under section 9 may be appealed to the General

Administrative Court. Leave to appeal is required on appeal

to the cams right.



Transitional provisions



2010:1932



1. This law shall enter into force on 1 april 2011, then

procedural law (1970:428) expires.



2. Older provisions apply where a decision on notification in accordance with

15-17 sections method law (1970:428) has been taken before 1

April 2011 or if the document has been sent or submitted before

This time.