Article 478

Procedure of Service

1. The recipient and the sender sign the receipt confirming that service has been effected. The recipient himself indicates the date of acceptance of the service on the receipt.

2. If the recipient does not know how to write or is unable to sign his name, the sender signs for him, indicating the date of the service, and making a note as to why he signed for the recipient.

3. If the recipient refuses to sign the receipt, the sender makes a note to that effect on the receipt and indicates the date of service, the service being considered thereby effected.

4. In instances where service of summons or a document is accomplished electronically, receipt and the date thereof is established as follows:

4.1. a response on the same electronic medium originating from the contact address the summons or document was sent to;

4.2. by a delivery receipt generated automatically by an electronic application;

4.3. evidence that the transmission was read is not required to establish receipt; or

4.4. the court may find that actual receipt did not occur if the party to whom it was directed can establish that the transmission in question was not received at the electronic contact address that he provided to the court pursuant to Article 172 of this Code. Where the circumstances of sub-paragraph 4.1. or 4.2. of this Article are satisfied, the burden will be on the party claiming service did not occur to rebut the presumption of service.