How can a summons be served in South Africa?

Asked by: Myrtis Bergstrom V  |  Last update: October 3, 2022
Score: 4.7/5 (9 votes)

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 are summons issued and served?

The summons is served upon a defendant by the sheriff of the court. When a summons is served on the defendant, it must either be served personally, or on a person who is older than 16 at the premises where the defendant is employed or resides.

How is summon served?

62.Summons how 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.

Can summons be served via email in South Africa?

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 is a summons sent to a party?

The court can serve the summons through its court officer or by registered post acknowledgement due. This shall be the most preferred method as there is a proof of acknowledgement slip and there can be no false report of service of summons.

Summons Civil Procedure ||Different Forms Of Summons Explained.

17 related questions found

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 you ignore a summons to court?

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 it take for a summons to be served South Africa?

It can take up to 3 months, so don't think the matter has just disappeared. As with all legal matters, it is always best to have a legal expert in your corner.

How long is a summons valid for in South Africa?

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.

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.

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?

Once a Summon is signed by the Presiding Officer/Judge and seal of the Court is affixed, the Summon is then given to a Police Officer to serve the same on the person summoned to the Court, ideally the summon should be served personally on the person who is summoned by tendering the duplicate copy of the summon.

What happens after summons is issued?

If the summons requires that you are to personally appear, then you have to appear before the Court on the given date. (Order V, CPC). Generally, Court gives date taking into consideration that you get sufficient time to appear and answer the claim of the petitioner.

How do I issue a summons?

To issue a Summons means that the Registrar of the Court checks the Summons which is drafted by your Attorney; the Registrar opens a file for the matter, issues a case number, signs the Summons and stamps it.

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.

What is an example of a summons?

An appearance notice or notice to appear is a type of summons informing you that you must respond to criminal charges. A notice to appear in some cases is issued before you are formally charged for a crime. For example, if someone is caught shoplifting, the police will provide the person a notice to appear on the spot.

WHO issues summons 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.

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 happens if you miss a court date South Africa?

Failure to appear in court without a reasonable excuse, such as being sick in hospital, is an offence and the accused can be given a fine of R300. 00 or imprisonment for a period of 3 months.

Does a summons expire?

Under the Rules of the Superior Courts, a Summons (the document that initiates legal proceedings) remains in force for a 12-month period from the day it is issued1. If the Summons is not served on the defendant(s) within that 12-month period, it expires and cannot then be validly served.

Can I represent myself in court in South Africa?

Can You Present Yourself In Court Without A Lawyer? It is an offence to fail to represent yourself in court with respect to a civil matter. In court, the court will maintain similar standards to what you are used to as an attorney.

What if summons has wrong address?

The court will look at the service report, if it is written on the report that the person is not residing on the address, etc then court will issue another summon on your correct address. If your correct address is not available then it can issue directions for publication of the summon in local newspapers.

How do you answer a summons without a lawyer?

Take your written answer to the clerk's office.

If you've decided to take your answer to the clerk's office in person for filing, bring your originals plus at least 2 copies. The clerk will take your documents and stamp each set of papers "filed" with the date. They will then give the copies back to you.

How do you know if a case is filed against you?

Case Status : Search by FIR number
  • Select the Police Station from the select box.
  • In the FIR Number box, enter the FIR Number of the case.
  • In the Year box, enter the FIR Year.
  • Click on either the Pending or Disposed option button, according to the status of the Case.

What does it mean to issue a summons?

A summons is a form prepared by the plaintiff and issued by a court that informs the defendant that they are being sued or are required to appear in court. It may be served by a sheriff or other authorized person, such as the process server.