According to Black’s Law Dictionary, “Summons Used to Notify the Defendant, that an action has been instituted against him, and that he is required to answer to it, at a time and place named”.
Forms of Summons
As per CrPC Section 68 (1) of Criminal Procedure Code explained about the Form of Summons;
Every summons issued by the court shall be;
- In writing
- Induplicate
- Signed and sealed by the presiding officer of court or other person directed by High Court.
Summon by Who Served
Section 68 (2) says that, such summons shall be served by;
- Police officer
- Officer of the court
- Public servant
- Complainant or accused to his own witnesses upon his application to the court
How Summon Can be Served to Defendant
Section 69 (1) of Cr.P.C. tell us about the method and procedure of serving summons. Served personally on the person summoned by delivering or tendering to him one of the duplicate of summons, if practicable, such person shall sign a receipt on the back of other duplicate summons.
Service of an incorporated company or other body corporate
Service on govt. employee, or a servant of state
Substituted service or service when person summoned cannot be found
In such case summons must be served to adult male member of his family with his sign on duplicate
Procedure when service cannot be affected
The serving officer shall affix one of the duplicates of summons to some conspicuous part of the house of homestead of person where he ordinary resides. Service of summons outside the local limits; in such case summons send to the concerned magistrate.
What Are the Different Types of Summons?
in simple words, Summons can be delivered for a many different purposes, mainly relating to a civil lawsuit. Matters that result in the delivery of a summons include divorce, custody, and eviction.
A divorce summons is delivered to one spouse when the other spouse files for divorce. It is required by law so a spouse does not have the opportunity to divorce in secret. A divorce summons also provides the other spouse with the opportunity to properly represent himself and his interests throughout the divorce proceedings. A custody summons, meanwhile, is sent from one parent to inform the other parent of a desire to have more parenting time with their child. Along the same lines, an eviction summons is delivered to a resident who has not paid his rent or mortgage and is being told to move out accordingly.
If you receive a summons for any issue, it is critical that you read the information provided and follow the instructions to respond in a timely manner. Unfortunately, ignoring your summons won’t make it go away, and you will only have the opportunity to adequately represent yourself in court if you answer the summons.
How Does a Court Summons Work
A summons is an order by a court requiring someone to appear in court. In civil lawsuits, a summons is issued to one of the parties in the lawsuit, usually the person against whom a complaint has been filed. Most often, a summons is given to a defendant, requiring his or her presence to defend a case.
What does it mean to be Issued a Summons?
The paper that tells a defendant that he or she is being sued and asserts the power of the court to hear and determine the case. A form of legal process that commands the defendant to appear before the court on a specific day and to answer the complaint made by the plaintiff.
Can you Ignore a Court Summons?
A summons is an invitation to come to court. It is not an order, so you do not have to do what it says. But, if you ignore a summons, you will likely lose the case against you. The court will usually decide the lawsuit in favor of the person suing you.
How do I answer the Complaint?
- Read the summons and make sure you know the date you must answer by.
- Read the complaint carefully.
- Write your answer.
- Sign and date the answer.
- Make copies for the plaintiff and yourself.
- Mail a copy to the plaintiff.
- File your answer with the court by the date on the summons.