What is the service of summons?
Service of Summons is a process to compel someone to appear in court to defend them against a lawsuit. It involves presenting to the person or entity sued a complaint in which the person describes its legal claims and should always be accompanied by a Summons, requiring a defendant to respond in court.
What is the electronic service of summons?
It is tough to imagine a world without technology in the digital age. The internet, social media, online shopping, and emails have become an important part of our life. Technology has created and continues to create a new economic landscape that has revolutionized the global economy and fundamentally changed how people communicate.
The pace at which technology has infused into human life has occurred rapidly, and its character and implications from a commercial and legal perspective have not been understood.
The electronic age has changed the way we interact with each other. From a legal perspective, it has changed how legal transactions and court processes are initiated and concluded.
Many countries have incorporated technology into their business and work process. Also, from a legal landscape, many countries have infused technology into their court process. Several foreign courts have allowed summons and other court documents digitally through email or social media, paving the way for electronic service for summons.
Traditionally in Cape Town, South Africa, most regulations required the delivery of court notices and documents through the registered posts or by the Sheriff of the High Court; however, recently, there seems to have been a solid shift to exploring delivery by electronic means.
In Cape Town, the Electronics Communications and Transactions Act (25 of 2022) is the primary legislation that governs digital communication. The Act aims to promote, facilitate and regulate electronic communications and transactions.
The ECTA allows the electronic delivery of legal notices still using the post office; many other legislative provisions allow the electronic delivery of specific documents and notices independently.
As per rule 4A (1) of the uniform regulations of the court, the service of documents and notices in any proceedings may be effected through the Sheriff. Section 65 of the National Credit Act states that if no method is prescribed for the service of summons of the particular document, the delivery may occur via email, fax, or printable webpage.
South African courts have steadily adopted a favorable approach to the use of technology in the court process, and many judicial decisions have affirmed the validity of electronically delivering court notices.
In a specific case, the court allowed for the service of certain notices by a Facebook message. The court found that this was warranted as the standard forms of the service were unsuccessful, and using Facebook would bring the notice to the defendant’s attention.
Wrap up
Delivering documents and notices through email is valid and effective in Cape Town. The use of email is quicker and more cost-effective, and reliable. Also, the digital delivery provides a digital track and trace receipt which also serves as significant evidence in the court.
