How does a procedure work, part I: the summons procedure at the court.

This blog describes the course of events in a summons procedure in the first instance at the court. There are also other procedures, such as the summons procedure at the subdistrict court, the petition procedure or summary proceedings.

Summons proceedings in court are proceedings before a civil court to initiate a dispute, in which a solicitor draws up a summons and has it served on the other party (the defendant) by a bailiff.

The summons proceedings in eight steps are as follows:

1. Determining the competent court

Before the summons is drawn up, it must be determined which court has jurisdiction. Whether the court has jurisdiction depends on the subject matter of the case and the amount of the claim. Once it has been determined that the court has absolute jurisdiction, the question arises as to which court should hear the case. This is usually the court of the defendant’s place of residence. In some cases, the law stipulates that another court has jurisdiction, or the parties have contractually agreed on the jurisdiction of a particular court

2. Drafting the summons:

• A solicitor or representative drafts the summons, which contains the details of the parties, the position of the claimant and the claim.

3. Service of the summons:

• A bailiff delivers the summons to the defendant with a request to appear before the court. This is called the service of the summons.

4. Bringing the case before the court:

• The solicitor sends the served summons to the court.

5. Hearing:

• The case is placed on the court roll.

6. Response from the defendant:

• Default: If the defendant does not respond, the court will issue a default judgment.
• Appearance: If the defendant does respond, their solicitor can submit a statement of defence to respond to the summons in writing.

7. Oral hearing:

• After the statement of defence, the judge will order a comparitie (an oral hearing) to discuss the substance of the case and see if a settlement is possible.

8. Judgement:

• If no settlement is reached, the judge will issue a ruling. In some cases, the judge will give the parties the opportunity for a second round of written submissions. The judge may decide the case with a final judgment. However, he may also issue an interim judgment. For example, the judge may order a party to prove its claims with written documents or by hearing witnesses. Or appoint an expert. The proceedings will then continue. Once all procedural steps have been completed, a final judgment will be issued.

Conclusion

Would you like to initiate proceedings or have you been summoned to appear in court as a defendant? The lawyers at Fruytier Lawyers in Business will be happy to assist you.