Guidelines

How do I write a court summons?

How do I write a court summons?

has instituted a suit against you for ______ you are hereby summoned to appear in this Court in person or by a pleader duly instructed, and able to answer all material questions relating to the suit, or who shall be accompanied by some person able to answer all such questions, on the day of day of 19___, at o’clock in …

What is a simple summons?

A simple summons is a document which contains the basis (the particulars of the claim) for the plaintiff’s action in the body of the summons. As a general rule, the simple summons is used where the claim is for a debt or a liquidated demand.

Is a simple summons a pleading?

It follows plainly that a simple summons does not have to comply with Rule 18(4). The logical inference to be drawn from the fact that it does not need to comply with the fundamental rules governing pleadings is that this is so because it is not a pleading.

When can a simple summons be used?

A simple summons is used usually where the quantum is already determined or can be easily ascertainable usually without leading evidence. Rule 2(b) provides that where a claim is for a debt or liquidated demand a simple summons (Form 2 of Annexure 1) may be used.

What are the rules for summons in Magistrates Court?

In every case where the claim is for a debt or liquidated demand the summons shall be as near as may be in accordance with Form 9 of the First Schedule of the Uniform Rules in High Court matters, and Form 2 of Annexure 1 of the Magistrates’ Court Rules in Magistrates’ Court matters.

Which is the best form for a summons?

Summons: Provisional Sentence. J788 – Form 2B. Combined Summons. J789 – Form 3. Summons commencing action (in which is included an automatic rent interdict). J790 – Form 4. Edictal citation/substituted service: short form of process. J791 – Form 5. Request for default judgment.

What are the forms for Magistrate Court in West Virginia?

Financial Affidavit and Application: Eligibility for Waiver of Fees, Costs, or Security in a Civil or Domestic Case, etc.

Where to find Magistrate Court forms in South Carolina?

These Magistrate / Municipal Court forms are available at the website of the South Carolina Judicial Department (http://www.sccourts.org/), which you should consult for the most recent updates. Please note that this guide is meant merely as a tool to assist your research, and the library may not fill out forms for you or offer other legal advice.