Summons Flashcards
What legislation governs the Service of Summons or Requisition?
The Magistrates’ Courts Rules 1981, r.99 Amended by the Magistrates’ Courts (Amendments) Rules 2019
What is a summons?
A legal document issued by a Court ordering a specific person to attend a specific location for a specific purpose, in this instance to appear before Magistrates’ Court
What is the first ways a summons can be served?
1) Handing it to the person in person, or where the person is a corporation, to a person holding a senior position in the corporation
What is the second ways a summons can be served?
2) By posting it to the person at an address where it is reasonably believe they will receive it or, where a corporation, the address for service (the principal office or where activities/business is carried out)
What is the third way a summons can be served?
3) Addressing it to the person and leaving it for them at an address where is is reasonably believed they will receive it
What is the fourth way a summons can be served?
4) Where a person has given an electronic address and has not refused to accept contact by it, the summons can be sent to this electronic address
What is the fifth way a summons can be served?
5) deposited to an electronic address which the person has been given access to, and which they have not refused to accept service via, and notifying the recipient of the deposit (electronically or non)
What is the sixth way a summons can be served?
6) Where the person is in custody, sending it to their custodian, addressed to the defendant
What is the seventh way a summons can be served?
7) Sending it to a Document Exchange (DX) Box Number addressed to the defendant, so long as they have given this DX number, and not refused service by it
What is the eighth way a summons can be served?
8) Where the person is legally represented, serving it to their legal representative in one of the ways contained in points 1, 2, 3, or 7
What is the ninth way a summons can be served?
9) Where the person is legally represented and the legal representative has given an electronic address
What is the tenth way a summons can be served?
10) deposited to an electronic address of the person’s legal representative which they have been given access to, and which they have not refused to accept service via, and notifying the recipient of the deposit (electronically or non)
What is the eleventh way a summons can be served?
11) Any other method specified by the court
How can a witness summons be served?
Only by handing directly to the witness, sending to their electronic address or sending it to their custodian, addressed to the witness
