What is the service of summons?
Service of a summons is an official demand to appear in a court of law. The court can issue summons personally to the defendant or their agent, through courier service, by the plaintiff, or by substituted service.
The main aim of the service of summons is to provide information to the defendant that a suit has been filed against him.
Service of a summons in South Africa
Here is what you need to do when you receive a
summons in South Africa.
1.
What does it contain? Summons showcases all the specifics of the case someone is instituting
against you. Summons will indicate what court the case will be heard in and
what the case number is. Ensure you are a defendant in summon. If you have more
questions about the summons, you can approach the Sheriff of the court to
clarify things or contact the plaintiff's lawyer for more information.
2.
How to defend yourself: It is well within the legal rights to defend yourself in court. The
summons you receive should contain a notice of intention to defend. The court
rules stipulate that you have ten business days from the date you received the
summons to notify the plaintiff. These days you can plan to defend the case
against you.
3.
Speak to a lawyer. Get legal
aid: After notifying the plaintiff, you will defend
yourself and issue a plea answering all the questions regarding the allegations
made against you in the summons. A professional lawyer will help you in giving
your appeal. The lawyers understand what a plea should contain and look like,
and only they will be familiar with the rules. They will draft a valid request
and ensure that it is not dismissed. If you do not follow the exact rules and
your plea gets rejected, the plaintiff will likely obtain a judgment against
you.
4.
The post-summon process: After filing the plea, you and the person filing the summon will be
entitled to demand discovery from each other. It is the process when both
parties notify each other about what documents they intend to use as evidence
in the trial. The court will review the discovery documents and decide that you
have a strong defence; the case will go to trial.
5. Never ignore summons: Ignoring summons is a criminal offence. Summons are to be replied to within ten days from the date of receipt, or else the plaintiff's lawyer has probably submitted a request for a default judgment.
Wrap up
