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Misspelled surname on summons

  • 26-05-2010 12:38pm
    #1
    KingPuck01
    Registered Users, Registered Users 2 Posts: 46 ✭


    is a summons valid if the defendants surname is misspelled?


Comments

  • #2
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    Depends on how bad it is: Kelley instead of Kelly (etc.) then yes it is; Jones instead of Kelly then possibly not (but I believe it is at the discretion of the Judge - happens in circumstances where it may be considered an alias or nickname).


  • #3
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    District Judges have power to amend and are likely to do so unless it can be shown that the mistake prejudices the defendant.


    The District Court is a busy place. Judges prefer that defendants deal with the merits of the case rather than raising quibbles.


  • #4
    Mr. Presentable
    Closed Accounts Posts: 9,496 ✭✭✭Mr. Presentable


    The important thing for the court is that they have the correct person. So, even if your name is misspelt, so long as the Judge is satisfied it is you who was intended, it won't matter. Naturally, there will be exceptions.


  • #5
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    On the face of the summons it is defective. The Court can amend and a solicitor can advise you on the rest - per charter.


This discussion has been closed.
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