Is It Possible to Pick Up a Summons?

Hoop Dogg

I am due a summons in the next couple of months. I am expecting it in the early New Year however I am afraid that I will be away for when it is served. I would really not like it to be delivered to my parents when they answer the door. I was wondering if it is possible to arrange to pick up the summons from my local Garda station? Thanks

Stanford

Just ring and ask them

Conor84

i did that for the same reason a while back. It took a few calls and trips to the station - the summons wasnt there. would have to come back when the summons Garda was there etc.

I got it in the end and the Garda said it saved him a job!

I thought all was good about the court case uneil a few days after until the case and my picture in the paper because the Judge made a funny comment when dealing with my case and of course everybody found out

nuac

Yes, a defendant or defendant's duly appointed solicitor can collect a summons at the station from the Garda appointed to serve it.

huddlejonny

nuac wrote: »

Yes, a defendant or defendant's duly appointed solicitor can collect a summons at the station from the Garda appointed to serve it.

Would there be a chance that you could be reminding the garda about your summons, in case he forgot to process / apply for it or how does that work?

nuac

HJ, in most stations a different Gárda from the prosecuting Gárda is directed to serve the summons. That Gárda may have a number of summonses to serve and would have to report progress on these to his/her sergeant.

Because of issues re summonses falling thru the cracks in the past that AGS do keep track of unserved summonses

coylemj

nuac wrote: »

HJ, in most stations a different Gárda from the prosecuting Gárda is directed to serve the summons.

I might be thinking of other circumstances but is it not the case that the prosecuting Garda is precluded from serving the summons?

I guess it's to stop a rogue Garda from persecuting (not a typo) someone.

Edit: The District Court Rules on courts.ie says the prosecuting Garda cannot serve his own summons ....

(2) A member of the Garda Síochána shall not serve a document in any proceedings in which that member is the person instituting the proceedings.

http://www.courts.ie/rules.nsf/0c609d7abff72c1c80256d2b0045bb64/232ac051a1832bfe80257c900044b452?OpenDocument

that section on the courts.ie website is headed ......

Service of documents in criminal proceedings : S.I. No. 17 of 2014

but that SI has a different title on www.irishstatutebook.ie ...

S.I. No. 17/2014 - District Court (Civil Procedure) Rules 2014

http://www.irishstatutebook.ie/eli/2014/si/17/made/en/print

GM228

http://www.irishstatutebook.ie/eli/2012/si/285/made/en/print

District Court (Service) Rules 2012.

3. (1) In proceedings by way of summons in which the prosecutor is the Director of Public Prosecutions or an officer or member of the Garda Síochána, a Minister of the Government or a Minister of State or an officer of either such Minister, or an officer of the Revenue Commissioners, a document shall be served by a member of the Garda Síochána, or by any other person or any other means authorised by statute or these Rules or otherwise as directed by the Court.

(2) A member of the Garda Síochána shall not serve a document in any proceedings in which such member is the person instituting the proceedings.

huddlejonny

nuac wrote: »

HJ, in most stations a different Gárda from the prosecuting Gárda is directed to serve the summons. That Gárda may have a number of summonses to serve and would have to report progress on these to his/her sergeant.

Because of issues re summonses falling thru the cracks in the past that AGS do keep track of unserved summonses

What about a situation where the prosecuting Garda is based out of station A, arrests someone and brings them to station B.

The nearest station to the person arrested is station C...

If you can follow that, is the summons then sent to Station C to be served by a local garda or can it be sent by registered post also?

4ensic15

huddlejonny wrote: »

What about a situation where the prosecuting Garda is based out of station A, arrests someone and brings them to station B.

The nearest station to the person arrested is station C...

If you can follow that, is the summons then sent to Station C to be served by a local garda or can it be sent by registered post also?

The prosecuting garda applies for a summons to be issued. Where an arrested person was detained is not relevant. Service is usually by the Garda district in which the accused resides.

RobbieMD

huddlejonny wrote: »

What about a situation where the prosecuting Garda is based out of station A, arrests someone and brings them to station B.

The nearest station to the person arrested is station C...

If you can follow that, is the summons then sent to Station C to be served by a local garda or can it be sent by registered post also?

Yeah 2 copies would go to station C and 1 copy to station A.
The summons server from station C would serve 1 copy and return an endorsed copy to the courts service.

Hoop Dogg

4ensic15 wrote: »

The prosecuting garda applies for a summons to be issued. Where an arrested person was detained is not relevant. Service is usually by the Garda district in which the accused resides.

This is something I forgot to mention in OP. The prosecuting Garda is based outside of Dublin. Do I contact my local station then to request picking up the summons from the server?

Conor84

Hoop Dogg wrote: »

This is something I forgot to mention in OP. The prosecuting Garda is based outside of Dublin. Do I contact my local station then to request picking up the summons from the server?

You contact the local station, Thats where it goes to be served from,