Remedial Law
Updated 23rd May 2025
Summons
S
- A summons is a writ by which the defendant is notified of the action brought against him.
- The service of summons is the means by which the court may acquire jurisdiction over the defendant's person. Without valid service, the court generally cannot acquire jurisdiction unless the defendant voluntarily submits.
- Its purpose is twofold: to acquire jurisdiction over the person of the defendant in a civil case and to notify the defendant of the action, allowing them an opportunity to be heard.
- In actions in personam, service of summons is necessary to acquire jurisdiction over the defendant's person and satisfy due process.
- In actions in rem or quasi in rem, the purpose of summons is not primarily to acquire jurisdiction over the defendant's person but mainly to satisfy the constitutional requirement of due process.
- The summons is a coercive process that places the defendant under the jurisdiction of the court.
- The issuance of summons is mandatory, not discretionary. It is issued by the clerk of court upon the court's directive, typically within five calendar days from receipt of the initiatory pleading and payment of legal fees, unless the pleading is dismissible on its face.
- The summons must be directed to the defendant and contain the court name, party names, a direction to answer within the rules' timeframe, and notice of potential default judgment if no answer is filed. A copy of the complaint must be attached.
- Summons remains valid until duly served or recalled by the court. Service must be completed within 30 calendar days from issuance and receipt.
- If the original summons is lost or destroyed, or returned unserved, an alias summons may be issued upon motion or court order.
- Voluntary appearance by the defendant in the action is equivalent to service of summons and confers jurisdiction over their person.