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.
Summons shall be issued by the Court in which the suit is pending before it for appearance of defendant and opportunity to answer the plaintiff's claim. Summons may be served within within 30 days from institution of suit. Every summons shall be signed by the presiding Judge or its officer with seal of the court.
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.
Serving a summons
If a court summons is granted, it must then be served on the person ordered to attend court. The summons can be served either in person, ie. by hand; or in the case of a minor offence a summons may be served by recorded delivery or registered post.
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.
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.
No response from a person to a court notice would result in the court issuing an arrest warrant against the person. In extreme cases, lookout notice may be issued as well.
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.
If you are given a summons in a civil lawsuit and you don't reply or go to the court on the assigned day the other person points out to the court that you are not interested in the case. The jury will have to take a default judgement against you.
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.
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.
— 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 ...
Filing of Written Statement
Immediately after service of summons is affected on you, you are required to file your reply, which is called written statement, within 30 days from the date of service.
How Long Does It Take To Issue A Court Order? Orders normally take between six and twelve months to appear on the table. A preliminary court hearing usually takes between six and eight weeks from the date you apply for it (step 4).
Only one summon issued is enough to issue bailable warrant of the accused in cheque bounce case , subject to the condition that the summon should b delivered to the accused and it's report is in file before the date of hearing .
The court will be one that serves the area where the offence is alleged to have taken place. Never ignore a court summons – it won't just disappear. If you don't respond, the Court will take action against you, which could have serious implications.
You should go to court if you get a summons - you can be arrested and taken to the court by the police if you don't. You might get a summons from the court if: they haven't been able to contact you with a witness warning.
Pleading Guilty by Post
In cases where there will normally be a fine and points imposed, it is possible to plead guilty to the offence and submit your Plea Form and Statement of Means to the Court who will consider this on the day stated upon the Summons.
Once the service of summoning has been effected, the person summoned has to remain present before the Court, in the event the person summoned cannot appear it is mandatory to inform the Court of the circumstance due to which the person summoned cannot remain present and upon the discretion of the Court, the person may ...
A summon must be attested with the seal of the court or concerned office. It should have an official name and address of the person summoned. There should be specified date, time and place mentioned in the summon asking the presence of the person in the court. It must contain the nature of the offence committed.
Section 44 currently provides that electronic transmission of documents to a sheriff is possible, and that the sheriff may serve a printout/copy of that document received electronically, as if it were an original. However, Section 44 does not authorize the sheriff to serve any document by electronic means.
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.
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.