Summary Everything You Must Know About Each Type of Summons
62 views 0 purchase
Module
Law
Institution
Law
In these VERY IMPORTANT notes, we discuss each type of summons, the contents of each as well as when the summons in question should be utilized to institute proceedings.
We also look at the differences between the summons and the notice of motion, and explain when to use each.
EVERYTHING YOU MUST KNOW ABOUT EACH TYPE OF
SUMMONS
Take note that nothing in this booklet constitutes legal advice or advice of any kind.
Readers must consult official and alternative sources before making any decisions based
on the information provided herein. Templates and examples provided by us are merely a
guideline and nothing more. We will not accept any liability whatsoever.
Take note further that this booklet is intended for personal use only and that the
unauthorized sharing hereof is prohibited.
, 2
1. What is a summons?
A summons is a court issued document which commences the litigious process.
We prefer to consider the service of the summons as the step that commences
the litigious process, but this is neither here nor there.
The summons is addressed to the sheriff and directs said sheriff to serve the
summons and explain the plaintiff’s/plaintiffs’ claim, the procedural steps and
relevant time limits to be followed by the defendant/s to dispute the claim.
The sheriff in question will be the relevant sheriff who has jurisdiction over the
service addresses. You could be instructing several sheriffs, depending on the
number of addresses at which you will be serving the summons.
There are three types of summonses, namely the:
• simple summons;
• combined summons; and
• provisional sentence summons.
Strictly speaking, there is another type of summons referred to as the
interpleader summons, but there are vast differences between this type of
summons and the previous three just mentioned. In fact, it doesn’t feel right
referring to the interpleader as a ‘summons’. The interpleader summons will not
be discussed in this episode but will be addressed in a later video.
In practice, you will MOSTLY draft combined summonses, SOMETIMES draft
simple summonses, and very RARELY draft provisional sentence summonses.
Nevertheless, let’s briefly have a look at the three types of summonses, starting
first with the most ‘simple’ type, namely the simple summons.
2. The simple summons
2.1. What is a simple summons?
, 3
As mentioned already, a summons is a court issued document which
commences the litigation process. This definition applies to the simple
summons.
A simple summons is a document which contains the particulars of the
plaintiff's/plaintiffs’ claim in the actual body of the summons. When we refer
to the particulars of a simple summons, we mean the most obvious thereof,
for example, the agreement, the breach and the amount due to the plaintiff/s
by the defendant/s.
Whereas a combined summons comprises the summons together with the
particulars of claim, a simple summons does not have particulars of claim
annexed thereto. Do not get confused between particulars OF THE claim
and particulars of claim. Particulars of claim is a pleading.
Instead, as already mentioned, very brief particulars of the claim are
included in the body of the simple summons itself. Therefore, as you can
imagine, there is a limit to what can be claimed in a simple summons. This
will be touched on in much greater detail shortly.
If a notice of intention to defend is received after the service of the simple
summons, the next step would be for the plaintiff/s to deliver a declaration.
A declaration is the equivalent to the particulars of claim incorporated in the
combined summons.
2.2. When should I utilize a simple summons?
In terms of Rule 17(2) of the Uniform Rules of Court and Rule 5(2)(b) of the
Magistrates’ Courts Rules, the simple summons may be issued where the
claim is founded on a DEBT OR LIQUIDATED DEMAND. We have
previously touched on what a debt or liquidated demand is, but we are going
to get deep with the expression now.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller lawyeredsouthafrica. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £4.50. You're not tied to anything after your purchase.
