Different modes of serving summons

The modes of serving summons are defined in CRPC for criminal cases while in CPC fir civil cases. The prescribed modes of service of summons are mentioned below. Let's take a look at them?

·         Service by court

According to order V, rule 9, where the defendant or his agent empowered to accept the service resides within the jurisdiction of the court in which suit is instituted, the summons must be delivered or can be sent to the proper office to be served or sent to a court approved courier service. According to sub rule 3, such as service can be made by delivering or even transmitting a copy by registered post  because of either the defendant or such agent by Speed Post or even a courier service.

·         Service of summons abroad

According to the rule 25 of order V, the defendant resides out of the country and has no agent in the country empowered to accept the service then, the summons will be sent to him or her at the place where the person is residing and send the same to him or her by courier service, fax message, email or by post.

·         Service on a defendant in prison

According to the rule of order V of CPC, when a defendant is confined in a prison, then the summons can be sending or delivered to the officer in charge of the prison by fax message, courier service or email, etc. The defendant can go for Forensicservice of summons.

Personal service

According section 62 or CRPC, for the procedure of serving summons personally. Also, clause (1) of this section states that summons must be served by a officer or by a court officer or even by any other public servant in accordance with the rule. According clause (2), as far as practicable, the summons shall be delivered personally on the person summoned. According to clause (3), the person on whom the summons is served should sign on the back of a duplicate if asked to do so by the officer.

·         Service by plaintiff

The court may (on an application by the plaintiff) permit such plaintiffs to affect the service of summons upon the defendant as per the provisions of order V rule 9A and summons under rule 9. If this service is refused, or if the person served refused to sign the acknowledgement of service or for any other reason the summons were not served personally, then the court will reissue the summons on a application of the party.

·         Service on adult member of family

Order V Rule 15 states that where the defendant is absent from his or her residence at the time of service of the summons and there is no likelihood of him or her being found within a reasonable period of time and the person has no agent empowered to accept service on his or her behalf, then the service can be made to any other person (adult) of the family residing with him or her.

Received a summons- what you need to do

 What is a summons?

It is a legal document that is notifying you or your required appearance in a court of low. This document notifies a person of civil case filed against him or her or their need to defend themselves in the court hearing. For this, you can go for service of summons.

How is a summons served?

 They are usually served by a process server to make sure that it is served accurately and legally within your states rules and regulations because it is required to officially notify a person of a summon. Also, if the person is not served accurately, it may be thrown out in a court of law.

What happen if receive a summons?

•             Read it carefully

When you receive a summons, you first read it carefully and thoroughly, read the subpoena for all the details related to the location, date and time of which you should appear in the court. Keep in mind that, you may lose case by default if you don't appear in court.

•             Look at the date

The summons will tell you the date of your first appearance in the court. Reach there in time because warrant may be issued for your arrest if you don't. Also, the first appearance is not a trial but it is the first step to find out more about the charge against you. Also, the prosecutor will provide information about the charges and give you their initial sentencing position that is the sentence they think the judge should give you. You can tell the court that what you plan to do about the charge. The court will set another date and time. You have enough time to review the information and consider your option.

•             What is the offence

The summons will also tell you the offence you have to answer. Generally, there are two types of offences- 1) summary conviction offences (they are considered less serious like shoplifting or causing s disturbance.), 2) indictable offences ( they are more serious like breaking and entering sexual assault or murder.

•             Fingerprinting

The summons will have a paragraph filed out saying you have to go to the local police station on a certain date and time to have your fingerprints and photography taken. If you don't go for it, you can be arrested and charged with the offences of failing to appear.

What happen if you don't respond to a summons document?

You can lose the legal case in which you are involved by default. Also, a warrant for your arrest for contempt of court may be issued should you fail to appear in a court of law.