What do I need to know about a 1986 summons?
If the summons is issued under the 1986 Act it should also contain: The date on which the summons was applied for. (This date is very important as it will show if the summons was applied for within the legal time limit for starting criminal proceedings .) There are certain rules about how a summons can be served. They can be served by:
When does a court order a summons be issued?
When a case is initiated by a plaintiff (the aggrieved party), against the defendant (accused), the summons is served. The court orders to issue summons to the defendant to notify that he/she is being sued, ensuring a fair trial. It is also issued to other persons who are directly or indirectly involved in the case.
What happens if a summons is not served correctly?
If a summons has not been correctly served, you are not obliged to appear in court in response to it. However, if you come to court, the case against you can proceed. In other words, any mistake in how the summons was served is corrected by your appearance in court. The court will rarely dismiss a case because of an error or omission in a summons.
When do you get a summons from the Gardai?
For example, you will get a summons for most motoring offences. Summonses are issued for minor offences in different ways depending on the nature of the complaint or charge. They can be issued: Following applications from the Gardaí and other bodies under an administrative process introduced by Section 1 of the Courts (No. 3) Act 1986
What happens if you do not receive a summons?
If a person is not properly served a summons, it may be thrown out in a court of law. What happens when you get a summons to appear in court? Carefully and thoroughly read the subpoena for details related to the location, time, and date of which you should appear in court.
If the summons is issued under the 1986 Act it should also contain: The date on which the summons was applied for. (This date is very important as it will show if the summons was applied for within the legal time limit for starting criminal proceedings .) There are certain rules about how a summons can be served. They can be served by:
When do summonses have to be served by post?
Postal delivery: by registered post to your last or most usual place of residence or to your place of business or employment A summons must be served at least 7 days before the court date if it is served by personal delivery, or 21 days before the court date if it is served by postal delivery.
How long do you have to respond to a court summons?
It’s a court document, and not acting on the summons could have significant consequences. Check the summons for the deadline to respond, and read the instructions provided by the court. If you get the summons in person, you generally have 20 days to answer. If you get the summons by mail, you generally have 30 days to answer.