The service of summons is the legal process used to notify a person or individual that a legal action has been initiated against them. It also states that the person is required to respond to the summon or appear in the court.

The process makes sure that the person has adequate notice of the proceedings and opportunity to present their side of the case.

What is the procedure for service of summons?

The procedure for the service of summons can vary based on the jurisdiction and the kinds of court case. However it follows a series of structured steps in serving summons and that include-

1. Issuance of Summons: Summons is issued by the court after the law suit is initiated. The document is prepared by plaintiff or their attorney and is submitted to the clerk of the court for issuance. The summons includes details of court case, parties involved and claims being made.
2. Service of summons: The summons must be personally served on the defendant to make sure they are aware of legal action. This is done by-
3. Personal service: A sheriff or deputy, who is an officer of court, serves the summons directly to the defendant. The sheriff is the primary method used to ensure that the service is important and adheres to legal standards.
4. Substituted service: If personal service is not possible as defendant cannot be found or is evading the service, the court may allow the summons to be served in alternative manner. This includes serving to another adult at the residence of defendant or workplace, or attaching summons to the last known residence’s door of the defendant or any other method as approved by the court.
5. Proof of service: The deputy of sheriff who serves the summons completes a return of service form which is a formal record confirming that the defendant has been served. This document specifies the date, time and manner of service and it must be filed with the court to prove that the summons was served in sync with the law.
6. Response of defendant: After receiving the summons the defendant has specified period normally 10 days in case they are within the jurisdiction of the court where summons was issued or 21 days if outside the jurisdiction but still in South Africa to respond to the compliant. The response can be acknowledgement of receipt, a notice of intention to defend or actually defending the action by filling relevant documents to the court.
7. Consequence of non-response: If the defendant fails to respond within the required time frame, the plaintiff may apply to the court for default judgment that can be granted without further input from the defendant.
8. Continuation of legal proceedings: Once the summons is served and the defendant has responded, the lawsuit proceeds through legal system, potentially leading to a trail if the matter is not settled or dismissed.

Service of summons emphasize on personal delivery to make sure the defendant is informed of legal actions against them, providing a fair opportunity to respond and participate in the legal process.

FAQs

1. What is service of summons?

Service of summons is the legal process of delivering court documents to a person to notify them of legal action being taken against them.

2. Who initiates service of summons?

 The service of summons is initiated by the plaintiff or their attorney who submits it to the court for issuance.

3. What is the mode of service of summons?

The primary mode of service of summons is personal delivery by sheriff or deputy sheriff.