Combined Summons in South Africa
What does Combined Summons mean in South Africa?
A combined summons is a summons to which is “annexed a statement of the material facts relied upon by the plaintiff in support of plaintiff’s claim, and which statement shall, amongst others, comply with rule 6.” Rule 6 relates to pleadings generally. In other words the annexed statement is the former particulars of claim which is a pleading.
What is the difference between simple summons and combined summons?
A simple summons sets out very briefly the details of the case. A combined summons does not set out the details or reasons as to why the action is being instituted, and such details can be found in the particulars of claim. It is important to take notice of the fine print on the summons.
What happens after a summons has been issued?
A summons is the first process for a legal claim where a Plaintiff has instituted an action against a Defendant. Once the summons is served via Sheriff, you will have 10 days to respond with a Notice of Intention to Defend or attempt to negotiate a settlement with the Plaintiff.
How long does a summons last in South Africa?
Previously, a summons would lapse after 12 months since date of issue, or having been served, the Plaintiff has not taken further steps in prosecution. Since the rules have been amended, there is a potentially indefinite period to prosecute an action.
How does a summons work in South Africa?
Essentially, a summons stipulates all the specifics of the case someone (the Plaintiff) is instituting against you (the Defendant). A section of the summons or an attached document appropriately called “The Particulars of the Claim”, will summarise what the case against you is.
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