Default Summons - Law Dictionary Search Results

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Default summons

Default summons, a procedure in the county courts for the summary recovery of a debt or liquidated demand. These summonses are of two kinds: (i.) Ordinary Default Summonses; and (ii.) Special Default Summonses. (i.) an Ordinary Default Summons is only applicable to liquidated demands between 2l. and 10l., and is not available against a working-class defendant, except in the case of a trade debt, where the claim exceeds 5l. The plaintiff can sign judgment after eight days from service if the defendant has failed to give notice of defence stating the facts upon which he relies. (ii.) A Special Default Summons is only applicable to liquidated demands over 10l., and cannot be issued against a working-class defendant, except for a trade debt incurred by him. The plaintiff can sign judgment as in (i.) unless the defendant has filed an affidavit of defence within eight days. A special default summons corresponds to the Order XIV. Procedure of the High Court.See (English) County Court Rules, 1...

Summons

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 Juri...

summons

summons pl: sum·mons·es [-mən-zəz] : a written notification that one is required to appear in court: as a : a document in a civil suit that is issued by an authorized judicial officer (as a clerk of court) and delivered to a plaintiff or the plaintiff's attorney for service on the defendant and that notifies the defendant that he or she must appear and defend (as by filing an answer) within a specified time or a default judgment will be rendered for the plaintiff b : a document that summons a defendant to appear before a court to answer a minor criminal charge and that is issued in lieu of a warrant for arrest by an authorized judicial officer (as a magistrate) upon request of a prosecuting attorney c : a notification to appear for jury service d : a notification to appear as a witness see also john doe summons, service compare subpoena vt sum·monsed [-mənzd] sum·mons·ing [-mən-zi] : summon ;esp : to bring into court by a summons ...

Judgment-debtor summons

Judgment-debtor summons. The (English) Bank-ruptcy Act, 1861, ss. 76-85, provided for the issue of this kind of summons by a judgment creditor in default of payment of whose debt the debtor might be adjudicated bankrupt. It was replaced in 1869 by the 'Debtor's Summons' under s. 7 of the (English) Bankruptcy Act of 1869, which was itself replaced by the 'Bankruptcy Notice' under the Acts of 1883 and 1914....

default

default [Anglo-French defalte defaute lack, fault, failure to answer a summons, from defaillir to be lacking, fail, from de-, intensive prefix + faillir to fail] 1 : failure to do something required by duty (as under a contract or by law): as a : failure to comply with the terms of a loan agreement or security agreement esp. with regard to payment of the debt b in the civil law of Louisiana : a delay in performing under a contract that is recognized by the other party NOTE: A party whose performance under a contract is delayed is not automatically in default. Rather, the law of Louisiana requires that the other party “put him or her in default” by a written or witnessed oral request for performance, by filing suit, or by invoking a specific provision in the contract. Moratory damages may be recoverable for loss caused by the delay. 2 : failure to defend against a claim in court (as by failing to file pleadings or to appear in court) see also default judgment at judg...

Originating summons

Originating summons, a summons without writ, returnable in the chambers of a judge of the High Court. summonses of this description are very frequently issued in the Chancery Division for the determination of particular questions arising in the administration of an estate or trust, without the administration of the whole estate or trust; for settling questions between vendors and purchasers (see VENDOR AND PURCHASER SUMMONS); for foreclosure or redemption of mortgages; for determining questions of construction of a written instrument, and for numerous other purposes; see R.S.C. 1883, Ords. LIV. LIVA., LIVB., LIVC., and LV. Et seq. If the question raised is one requiring argument it is generally adjourned into Court; if it is a simple matter the judge will determine it in Chambers. The summons may be taken out by any person interested, and is served on the persons whose rights are sought to be affected. This procedure was first established in 1883 by the Rules of that year, and has been...

Directions, summons for

Directions, summons for, one general summons with respect to pleadings, discovery, and other matters previous to trial first authorized by R. S. C. 1883, Ord. XXX., for the purpose of saving the expense of many successive summonses, and of enabling the Court, through the particular master to whom each action is assigned, to obtain control over the action at an early stage. It is compulsory to take out this summons in all actions except Admiralty actions, or actions where the writ has been specially indorsed, or where the plaintiff proposes to proceed to trial without pleadings. See annual Practice....

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