Can a summons be served by email in South Africa?

Asked by: Leatha Barton  |  Last update: October 2, 2022
Score: 4.9/5 (71 votes)

The most common way a court summons people from another court is via email, SMS, or telephone. There is typically a process of emailing or faxing. While some people opt to do both, most people don't opt for e-mail when involved in a case.

How must a summons be served in South Africa?

The summons is usually signed by an attorney, or by the plaintiff personally if he is not represented. Once it has been drafted, it must be issued by the clerk of the court or the registrar, who places a stamp on the document and gives it a case number.

How is a court summons delivered in South Africa?

It is usually preceded by a lawyer's letter known as a letter of demand and delivered by the Sheriff of the Court (note: the Sheriff doesn't necessarily have to deliver it in person; they can also leave it at your workplace or home, for example).

How are summoned served?

(1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant.

How are summons served by whom?

Clause (1) of this section states that summons shall be served by a police officer, or by an officer of the Court or by any other public servant in accordance with the rules made by the State Government in question.


28 related questions found

What are the rules as to issue of summons?

Section 27 of CPC stipulates that where a suit has been duly instituted by filing a plaint, the first duty of the court is to issue summons calling on the defendant to appear and answer the claim and such summons may be served in a manner prescribed in the rules mentioned in Order V of the first schedule and on such ...

What happens if a person does not appear when summoned?

Under no circumstance the person should avoid appearing before the Court, in the event if the person summoned fails to appear before the Court, the Court may hold the person in contempt and/or issue Warrant against such person.

How is court summons delivered?

Mode of service. - Service of the summons shall be made by delivering or tendering a copy thereof signed by the Judge or such officer as he appoints in this behalf, and sealed with the seal of the court.

How is summons served to defendant?

Service of summons:

Rule 9 says that summons should be served by the proper officer or his subordinate. Rule 10 prescribes the mode of service viz. by delivering or tendering of duly signed and sealed summons.

How the summons is served upon an accused person?

According to Section 62, the Head is required to serve the summons in the manner provided in the Section and ensure to return the same to the Court with his signature with the endorsement. The signature of the Head shall be used as evidence of due service as stated in Section 66.

Can service be done via email?

Under FRCP Rule 5, if the person being served consents to receiving service by electronic means, such as email or fax (or ECF), then service will be considered complete upon transmission.

What happens if a defendant does not respond to a summons?

— If the defendant fails to answer within the time specified in these rules, the court shall, upon motion of the plaintiff, order judgment against the defendant by default, and thereupon the court shall proceed to receive the plaintiff's evidence and render judgment granting him such relief as the complaint and the ...

What happens if a court summons is ignored?

If it's a criminal case - when two or four summons are ignored - the court will issue a Non-Bailable Warrant against the defendant which will be sent to the Court Police or Jurisdictional Police Station based on the distance from the defendant's residence from the court.

How long does a court summons take to arrive?

On the basis that the information is laid before the Court within 6 months, the Police are entitled to proceed and it may be that delays in processing paperwork or even obtaining a Court date can result in the Summons being received after 6 months.

Does a summons expire in South Africa High Court?

The Rules of Court no longer provide for a period until a summons will lapse. Previously, a summons would lapse after 12 months since date of issue, or having been served, the Plaintiff has not taken further steps in prosecution.

What do I do if I get a debt summons in South Africa?

The sheriff will serve the summons on the debtor, whereafter they have 10 days to respond on whether they intend to defend the matter. If the debtor fails to serve a notice of intention to defend within 10 days, an application for default judgment will be made.

What are the modes of service of summon to defendant?

(ii) Manner of Substituted Service

(b) Substituted service can be made through any electronic device of communication like telegram, telephone, phonogram, telex, radio or television. (c) Substituted service can be made through urgent mail service or public courier services.

How do I prove a summons service?

Whenever it is necessary, in ex parte proceedings, under Order IX, Rule 6, of the Code of Civil Procedure, to have the report of service of summons proved by the affidavit or statement in Court of the process-server he should be ordered by the Court to appear before the proper officer or Court.

How many types of summons are there?

There can be different types of summons that came be served in criminal cases like, a notice to appear in the court, traffic summons, to present the document in the court, etc. The police officer also has the power to give criminal summons in minor cases.

What is the three types of summons?

Modes Of Service of Summons
  • Summons issued by the court personally to the Defendant or his agent. ...
  • Service of Summons through Courier services (R.P.A.D. Service) ...
  • Service of summons by plaintiff (By Hand Service) ...
  • Service Of Summons By Substituted Service (Order 5 Rule 20 Of CPC)

Who deliver the summon?

As per section 61 of the Code of Criminal Procedure ('Cr P.C.') every summon is in writing, in duplicate, duly signed by Magistrate. The police officer or officer of the court or any public servant, delivers the summon, to the defendant. A summons is an official court document.

What happens when you receive summons?

A summons is the first process for a legal claim where a Plaintiff has instituted an action against a Defendant. Once the summons is served via Sheriff, you will have 10 days to respond with a Notice of Intention to Defend or attempt to negotiate a settlement with the Plaintiff.

Can you refuse to accept summons?

You can refuse to receive summon, the process server will report that you have refused. The high court judge will treat the same as service and heard the matter in your absence i.e you shall be heard ex-partee.

Can a summons be refused?

If you fail to attend Court after a witness summons has been served upon you, the risk is you could be arrested and brought before the Court. If at Court you then refuse to give evidence, you could be charged with Contempt of Court.

Can summons be Cancelled?

Yes, the summons can be cancelled or quashed as appropriately required by law dependent on the facts of settlement and the terms and conditions determined therein between the parties. The legal procedure has to be followed for the same.