Get Za W.as.8 2017-2025

9. Order 9, Rule 5, Civil P. C., provides a rule of limitation. Its command is that when the summons is returned unserved, plaintiff's failure to apply for a fresh summons within three months from the date of such return of unsuccessful service will entail the penalty of dismissal of his suit.

Once the summons is served via Sheriff, you will have 10 days to respond with a Notice of Intention to Defend or attempt to negotiate a settlement with the Plaintiff. If you fail to respond, the Plaintiff can apply for default judgment to be entered in their favour.

There are four steps to respond to the complaint. Create an Answer document. Answer each issue of the complaint. Assert affirmative defenses. File one copy of the Answer document with the court and serve the plaintiff with another copy.

(1) No original summons shall be in force for more than twelve months from the day of the date thereof, including the day of such date; but if any defendant therein named shall not have been served therewith, the plaintiff may apply before the expiration of twelve months to the Master for leave to renew the summons.

Service of summons — court date included in summons. — 1. Such summons shall be served as in other civil cases at least four days before the court date in the summons.

The Rule also requires that the summons state the name and address of the plaintiff's attorney, or of the plaintiff if the plaintiff has no attorney. 4.03: Rule 4.03 fixes a definite time - 90 days - within which summons must be served; if not served within that period, it must be returned unserved.

Generally, you have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays. If the last day falls on a day that the court is closed, you have until the next day that the court is open.

Filing Your Answer. Contact the clerk's office of the court where the lawsuit was filed. You'll find a phone number and address for the clerk's office on your summons. The clerk will be able to tell you exactly what documents you should file with your answer and whether any filing fee is required.

A Summons is an invitation to come to court. In some cases, the court will schedule a call or a video call for the first appearance instead. In other cases, the court will ask that you file an appearance or an answer. Your Summons should say so.