High Court summons question

summereire

I'm reading up about high court summonses and had a question- I know the central office keeps a copy, and the plaintiff gets a copy. The one that is given to the defendant when they are served though, is this just a photocopy of the plaintiff's copy or does it need to be stamped too by the clerk?

Farcear

You bring several copies of the Summons to the Central Office.

The Central Office will put a date stamp on all the copies, but only the Plaintiff's original copy will get the court seal embossed on it.

summereire

Thanks. And if the office doesn't stamp the other copies in any way, they just stamp and emboss the original, would the other copies still be servable without any stamps? Or in this event would a photocopy of the original suffice?

Farcear

Rules on Serving Documents: http://www.courts.ie/rules.nsf/8652fb610b0b37a980256db700399507/e0b5fdf14c8d3ac980256d2b0046b3d1?OpenDocument

"3. Personal service shall be effected by delivering a copy of the summons to the defendant in person, and showing him the original or duplicate original."

summereire

Great, thanks for the reference. I can only assume 'copy' in this context includes photocopies.

When the defendant is served, is another question I'm struggling with, I know the last page of the original is then signed by the server. Does this need to be in any way lodged with the central office, or is it just that an afadavit of service is submitted?

Farcear

Central Office don't care about the Summons once it's been issued.

Affidavit of Service isn't necessary all the time either, unless it's specified as a requirement in the court rules for a specific action or, say, the Defendant doesn't enter an Appearance you need to prove that he was served.

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Edit: If you're actually involved in High Court litigation and this isn't just a general query you *really* need to see a solicitor.

summereire

Thanks. No I'm purely asking this procedurally as I'm studying the superior court system so am just speaking generally.

So a typical plenary summons would simply be served, the server fills in the last page, and it's left at that then unless circumstances require otherwise.

Obviously if the defendant counterclaims then this needs to be responded to but does simply the defendant's answer to the claim need to be replied to / disputed by the plaintiff, and if so I presume this also gets submitted to the central office?

Or is that it until the statement of claim is sent by the plaintiff? I presume this (and every document from then on?) go to both the central office and the defendant?

I've read the rules in depth but had a few gaps in my flow chart :-) Getting there though.

Farcear

defendant's answer to the claim - Is called an Appearance. It's a once page doc filed to say you have accepted service and will be particpating in proceedings.
http://www.courts.ie/rules.nsf/8652fb610b0b37a980256db700399507/7978f54a6c83cee680256d2b0046b3b1?OpenDocument

plaintiff then prepares his Statement of Claim
http://www.courts.ie/rules.nsf/8652fb610b0b37a980256db700399507/1740e8e45d8aa88380256d2b0046b3a6?OpenDocument


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There are a couple of very good books on this if you can get your hands on them from local / college library:

Practice and Procedure in the Superior Courts, O'Floinn
Civil Procedure in the Superior Courts, Delany

summereire

Thanks for those book references, I'll definitely look for copies, and for your other links.