What does summons returned served mean?

What does summons returned served mean?

A “return of summons” is proof of service of the summons and it can be made by a third party acting on behalf of the plaintiff in cases where the defendant does not appear and acknowledge service.

What is a statement of claim?

Statement of Claim Defined A Statement of Claim is legal notice filed by a person (called the Plaintiff) who seeks a judgement against you in Court. The Plaintiff prepares a Statement of Claim and files it in the Court of Queen’s Bench.

When can summons be served?

A summon is served when a suit has been initiated by the plaintiff against the defendant, the court directs to issue summons to the defendant as this ensures a fair trail. If the summons are not duly served then no action can be taken against the defendant.

What originating summons means?

originating summons means a summons which commences proceedings; Sample 1. originating summons means every summons other than a summons in a pending cause or mat ter; “pleading” does not include a writ (except a statement of claimendorsed thereon), a petition, summons or. Sample 1. Save.

What happens if a court summons is ignored?

If you are given a summons in a civil lawsuit and you don’t reply or go to the court on the assigned day the other person points out to the court that you are not interested in the case. The jury will have to take a default judgement against you.

Can a summons be served after thirty days?

As per section 27 the summons may be served on such day not beyond thirty days from the date of the institution of suit. Now you should look at the provisos of Order 5 Rule 1 of CPC. No such summons shall be issued when a defendant has appeared at the presentation of plaint and admitted the plaintiff’s claim.

Who is plaintiff in writ of summons and statement of claim?

IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA (CIVIL JURISDICTION) BETWEEN: ANTONIO VENTRIGLIA AND ATTORNEY GENERAL STATEMENT OF CLAIM INTRODUCTION 2013/HP/ Plaintiff Defendant 1.

Why is a summons issued in a civil case?

When a suit is instituted by the plaintiff the court orders to issue summons to the defendant. This is to permit the defendant to appear and answer the claim of the plaintiff. This ensures a fair trial. Without a duly served summons no further action can be taken against the defendant. So sending of summons is very important in a civil case. A.2.

What to do when served with a statement of claim?

do nothing. If the defendant is going to file a defence, they should do this within 28 days of being served with the statement of claim. The court will send you a copy of the defence and a notice of when to go to court. For more information, see The defendant’s response .