There is more information on serving a summons in Order 9 of the Rules of the Superior Courts. It is also possible to serve a summons by sending it via registered post to the defendant’s last known residence or place of business. The summons can be served on the defendant's solicitor if they accept service on behalf of their client and is authorised to do so. To serve an originating summons, a copy of the summons can be handed to the defendant and they must be shown the original.
It should clearly set out the allegations that are being made by the plaintiff and the amount that the plaintiff claims they are entitled to. If the summons is a summary summons or a special summons, much more detail must be given about the nature, extent and grounds of the plaintiff's claim against the defendant.
If the summons is a plenary summons, it is only necessary to give the defendant information about the general nature of the plaintiff's claim – more detail will be provided in the statement of claim that follows. The level of detail necessary in this section depends on the type of summons. An indorsement of claim – this is the part of the summons that sets out what the plaintiff claims they are entitled to.It must also state the name and address of the defendant (or their solicitor, if known). A description of the parties – the summons must state the surname, first name, the residence or place of business and the occupation of the plaintiff.The type of the summons, for example, plenary summons.A title – the plaintiff's name and the defendant's name make up the title of the proceedings.Content of an originating summonsĪll originating summonses must contain the following information: There is more information on originating summons on the Courts Service website. You should also issue a letter of claim to the defendant within 2 months of becoming aware of the injuries. Personal injuries summonsĪ personal injuries summons is used for cases where the plaintiff claims that they have been injured due to acts or omissions of a defendant.īefore issuing a personal injuries summons, you must first apply to the Personal Injuries Assessment Board. Like summary proceedings, this is a fast-track procedure where the judge decides the case by reading affidavits submitted by both sides. Special summonsĪ special summons is used for cases that involve pure issues of law or very specific issues of fact.įor example, a special summons will be issued to commence a claim relating to the administration of the estate of a deceased person. This means that pleadings will be exchanged and the matter may go to trial. However, if it becomes clear to the judge that the defendant has a stateable defence to the claim, the judge may order that the case be dealt with as plenary proceedings. It is a fast-track procedure where the judge decides the case after reading affidavits submitted by both sides. Summary summonsĪ summary summons is used when the amount of the plaintiff's claim is easily quantifiable and the defendant does not have any valid defence.įor example, a summary summons may be used where the plaintiff claims that they lent the defendant a specific amount of money that has not been repaid. Eventually, the case will be given a date for a trial and there may be evidence given by witnesses. When a plenary summons is issued, the next step is for the parties to exchange pleadings (see statement of claim and delivering the defence below). Plenary summonsĪ plenary summons is used to commence proceedings where there is a real dispute between the parties and/or the amount of the plaintiff's claim is not specific or easy to calculate.įor example, a plenary summons may be used where the plaintiff claims that their property was damaged due to the defendant's negligence. There are 4 types of originating summons: 1. There is more information on service below. After the stamp duty has been paid, the summons is stamped and it is ready to be served on the defendant. Usually proceedings in the High Court are commenced by an originating summons.Īfter the summons has been prepared by your barrister, your solicitor takes it to the Central Office to be issued - this involves paying the stamp duty.