DC Summons-proof of service

KingPuck01

Quick question. Is it a legal requirement to fill out the statutory declaration on the back of a summons ? Asking for a friend !

BaronVon

The summons that's lodged in Court will have the statutory declaration filled out correctly. The one that is served on the defendant will not be endorsed.

KingPuck01

BaronVon wrote: »

The summons that's lodged in Court will have the statutory declaration filled out correctly. The one that is served on the defendant will not be endorsed.

Not sure about the word endorsed, could you expand? Surely the defendant should be served with the original if not a true copy of the summons.

BaronVon

The original is lodged in Court, the defendant is handed a true copy.
The serving Guard makes a statutory declaration as to service to a Peace Commissioner on the original, and lodges it to the court.

Order 10 on http://www.irishstatutebook.ie/eli/1997/si/93/made/en/print, knock yourself out

KingPuck01

BaronVon wrote: »

The original is lodged in Court, the defendant is handed a true copy.
The serving Guard makes a statutory declaration as to service to a Peace Commissioner on the original, and lodges it to the court.

Order 10 on http://www.irishstatutebook.ie/eli/1997/si/93/made/en/print, knock yourself out

Thanks. So if the true copy is lacking the statutory declaration on the back it can be naturally assumed that the original is also lack the aforementioned declaration. Correct?

KingPuck01

KingPuck01 wrote: »

Thanks. So if the true copy is lacking the statutory declaration on the back it can be naturally assumed that the original is also lack the aforementioned declaration. Correct?

No.
The original lodged to court will be endorsed after the service of the summons.

Witcher

No.

Go to court on the date on the summons or you'll be in more trouble than you are already.

KingPuck01

bubblypop wrote: »

No.
The original lodged to court will be endorsed after the service of the summons.

So not a true copy then. Anyone else ?

Deagol

Why do people come on a forum asking a question when the only answer they want to get is the one they've already decided is the 'right' answer? Never ceases to amaze me.

KingPuck01

Witcher wrote: »

No.

Go to court on the date on the summons or you'll be in more trouble than you are already.

I'm not in any trouble but thanks for the concern. I'm just interested in the technicalities. Wondering why the a statutory declaration on a legal instrument can be left blank that's all

KingPuck01

Deagol wrote: »

Why do people come on a forum asking a question when the only answer they want to get is the one they've already decided is the 'right' answer? Never ceases to amaze me.

Not at all sir. I'm genuinely interested. It just appears a little odd. Personally I couldn't give a ****. But I'm not looking for opinion I'm looking for fact or at least a reasoned argument

Deagol

KingPuck01 wrote: »

Not at all sir. I'm genuinely interested. It just appears a little odd. Personally I couldn't give a ****. But I'm not looking for opinion I'm looking for fact or at least a reasoned argument

Nope - you asked "Is it a legal requirement to fill out the statutory declaration on the back of a summons ?"

You were given the answer as fact but you are then being argumentative because it appears you don't accept the answer as the one you wanted to hear.

BaronVon

KingPuck01 wrote: »

I'm not in any trouble but thanks for the concern. I'm just interested in the technicalities. Wondering why the a statutory declaration on a legal instrument can be left blank that's all

The statutory declaration can only be made after the summons in served. The only way of doing this on the true copy would be to serve it on the defendant, ask for it back, then take it away to a PC to get the service endorsed. Plus it would make no sense.

The statutory declaration is made to satisfy the judge that the summons was served on the accused in the required manner. It would really only arise if the defendant does not appear on the first day, and normally the judge will factor in the mode of service in determining whether to issue a bench warrant or not...

tomtucker81

The accused is served a copy of the summons. Which is a copy of the alleged offence which will be heard before the court on the date, time and location on the summons.
Ie. You the said accused did (enter offence wording here) contrary to (enter law broken here).
The summons then commands your attendance at the court(eg Blanchardstown Court 2) on a specifeid date and at a specified time.

The endorsement on the rear is nothing to do with the person that has been served. It is a declaration by the serving Garda that it was served in one of the prescribed correct methods.

The accused person has been served a true copy of the summons. AGAIN, the declaration on the rear is nothing to do with the offence.

If anything, the accused could query in court the method of service or endorsement, but seeing as they're in court making such a query it would stand to reason that the summons was served.
Not appearing in court to answer a summons offence can lead to conviction in absence(minor offences) or the possibility of a bench warrant for their arrest being issued. Which poses further issues for the accused.

Hope that clears it up

Claw Hammer

A summons is only a device to get a person to appear in court. Once the person appears any defect in service is cured and any most deficiencies in the text of the summons can be remedied.

KingPuck01

Deagol wrote: »

Nope - you asked "Is it a legal requirement to fill out the statutory declaration on the back of a summons ?"

You were given the answer as fact but you are then being argumentative because it appears you don't accept the answer as the one you wanted to hear.

Ok then so to be clear. It is not a requirement for the issuer of a summons to fill out the statutory declaration on the reverse of the summons. Is that your position?

Claw Hammer

KingPuck01 wrote: »

Ok then so to be clear. It is not a requirement for the issuer of a summons to fill out the statutory declaration on the reverse of the summons. Is that your position?

It doesn't invalidate the summons if the statutory declaration is not signed.

KingPuck01

KingPuck01 wrote: »

So not a true copy then. Anyone else ?

Why ask a question and then disregard the answer?
The back of the original is signed when the copy is served.

KingPuck01

BaronVon wrote: »

The statutory declaration can only be made after the summons in served. The only way of doing this on the true copy would be to serve it on the defendant, ask for it back, then take it away to a PC to get the service endorsed. Plus it would make no sense.

The statutory declaration is made to satisfy the judge that the summons was served on the accused in the required manner. It would really only arise if the defendant does not appear on the first day, and normally the judge will factor in the mode of service in determining whether to issue a bench warrant or not...

Excellent. Thank you. That makes sense .

KingPuck01

tomtucker81 wrote: »

The accused is served a copy of the summons. Which is a copy of the alleged offence which will be heard before the court on the date, time and location on the summons.
Ie. You the said accused did (enter offence wording here) contrary to (enter law broken here).
The summons then commands your attendance at the court(eg Blanchardstown Court 2) on a specifeid date and at a specified time.

The endorsement on the rear is nothing to do with the person that has been served. It is a declaration by the serving Garda that it was served in one of the prescribed correct methods.

The accused person has been served a true copy of the summons. AGAIN, the declaration on the rear is nothing to do with the offence.

If anything, the accused could query in court the method of service or endorsement, but seeing as they're in court making such a query it would stand to reason that the summons was served.
Not appearing in court to answer a summons offence can lead to conviction in absence(minor offences) or the possibility of a bench warrant for their arrest being issued. Which poses further issues for the accused.

Hope that clears it up

That's perfectly clear and makes total sense. Thanks for your time .

stayback

What’s happen in this case.

Summons served by registered post but nobody was at home and it is no longer in the post office.. they only hold them for 3 days..