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District court summons

  • 06-10-2016 10:12am
    #1
    duploelabs
    Registered Users, Registered Users 2 Posts: 11,985 ✭✭✭✭


    Is it essential that the defendant is issued with a summons from the district court directly by the court and not the plaintiff?


Comments

  • #2
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    No. Generally, the way that matters proceed is as follows:

    In a District Court civil matter, a plaintiff will send a claim notice to court to be issued by the court clerk. The court clerk sends the claim notice back to the plaintiff. The plaintiff arranges service.

    In a DC criminal matter, assuming that the DPP is the prosecutor, the Gardai will make a complaint to the District Court Clerk, who will issue the summons and send it back to Gardai for service.


  • #3
    duploelabs
    Registered Users, Registered Users 2 Posts: 11,985 ✭✭✭✭duploelabs


    Pat Mustard wrote: »
    The plaintiff arranges service.

    What do you mean by this?


  • #4
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,773 Admin ✭✭✭✭✭hullaballoo


    The Plaintiff has to take steps to put the Defendant on notice of the proceedings and to deliver the summons to the Defendant. This may have to be proven in Court (on the balance of probabilities) in the event that the Defendant doesn't appear.


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