Summons - Definition - Law Dictionary Home Dictionary Definition summons

Definition :

Summons [fr. the writ called summoneas--Pegge's Anecd. Of the Eng. Lang., 2nd Edn. 173], a call of authority, admonition to appear in court, a citation.

1. To commence Action in High Court, By R.S.C. Ord. II., r. 1(see Annual Practice):-

Every action in the High Court shall be commenced by a writ of summons, which shall be indorsed with a statement of the nature of the claim made, or of the relief or remedy required in the action, and which shall specify the Division of the High Court to which it is intended that the action should be assigned.

See also SUMMARY JUDGMENT.

2. To Judges' or Masters' Chambers.--The means by which one party brings the other before a judge (or a master) to settle matters of detail in the procedure of a suit; as, for directions; to modify pleadings when inconvenient, to require security for costs, to change the venue, etc. There is an appeal from the decision of a master to the judge, and from the judge's decision to the Court of Appeal.

3. To Court of Summary Jurisdiction.--See s. 1 of Summary Jurisdiction Act, 1848 (Chitty's Statutes, tit. 'Justices'), for summons to answer charge which justices may themselves deal with, and s. 9 of Indictable Offences Act, 1848, for summons on charge which justices cannot deal with; and see Criminal Justice Act, 1925 (15& 16 Geo. 5, c. 86), ss. 31 and 32.

4. To a County Court.--After the issue of a plaint, a summons is issued requiring the defendant to attend on a given date of answer the plaintiff'' claim. See County Court Rules, 1936, Ord. VIII., and DEFAULT SUMMONS. The attendance of witnesses is enforced by summons (Ord. XX., r. 8).