Who can make service of summons?
Section 62 of CrPC, dealing with the mode of service of summons, prescribe the following: “62. Summons how served. (1) Every summons shall be served by a police officer, or subject to such rules as the State government may make in this behalf, by an officer of the Court issuing it or other public servant.
When to file a charging document after a summons is served?
If a charging document has not been filed before a summons is served, it must be filed as soon as reasonably practicable after the summons has been served, unless the person who issued the summons decides not to proceed with the charge. It is the responsibility of the person who issued the summons to ensure that a charging document is filed.
Can a magistrate issue a summons to a defendant?
Issuing and serving a summons to a defendant. A constable or any person except a private prosecutor may issue and serve a summons if they have good cause to suspect the person has committed an offence and they have filed, or intend to file, a charging document in relation to that offence.
What happens if a charging document is not filed?
The person summoned does not need to appear if a decision is made that a charging document will not be filed. If a charging document has been filed and a summons has not been served on the defendant despite reasonable efforts to do so, a warrant may be issued to arrest the defendant and bring them before the court:
Who is responsible for filing a charging document?
It is the responsibility of the person who issued the summons to ensure that a charging document is filed.
How do I file an answer to a summons?
Visit the court where the claim was filed. The address can be found on the summons you received. Tell the court clerk you are filing an answer to a summons. Sign the response form in the presence of the court clerk. If there’s a fee for filing, pay the fee.
What does it mean to be served with a court summons?
If you’re served with a summons, it means that someone is taking you to court to resolve a dispute. The summons will state the nature of the complaint against you, the allegations of the lawsuit and the kind of resolution the plaintiff is seeking from you. Typically, there is a deadline written in the summons.
When to respond to a debt collection summons?
After a time, the collection agency is likely to file a complaint and mail you a summons to appear in court. The debt collection summons will typically say that you must file a response within 30 days.
What happens if I don’t respond to a summons?
Typically, there is a deadline written in the summons. You must respond before that date or a judge may render a default judgment against you which means you’re found liable for the allegations and must make restitution. Read each allegation of the summons carefully. In many cases, the allegations are listed by number.