Service of summons
What is the nature and purpose of summons in relation to actions in personam, in rem and quasi in rem? Summons is a writ by which the defendant is notified of the action brought against him. Service of such writ is the means by which the court may acquire jurisdiction over his person.
Non-service and irregular service of summons may be a ground for dismissal for lack of jurisdiction over the person of the defending party.What is the effect of lack of summons?
The trial court does not acquire jurisdiction and renders null and void all subsequent proceedings and issuances in the actions from the order of default up to and including the judgment by default and the order of execution.
However, lack of summons may be waived as when the defendant fails to make any seasonable objection to the court’s lack of jurisdiction over the person of the defendant.
Who are the only persons allowed to serve summons?
[1] Sheriff;
[2] Sheriff’s deputy; or
[3] Other proper court officers; or
[4] For justifiable reasons, by any suitable person authorized by the court issuing the summons (Rule 14, Sec. 3)
What is an alias summons?
It is one issued by the clerk of court on demand of the plaintiff when the original summons was returned without being served on any or all of the defendants, or when summons has been lost. When issued, it supersedes the first summons.
Non-service and irregular service of summons may be a ground for dismissal for lack of jurisdiction over the person of the defending party.What is the effect of lack of summons?
The trial court does not acquire jurisdiction and renders null and void all subsequent proceedings and issuances in the actions from the order of default up to and including the judgment by default and the order of execution.
However, lack of summons may be waived as when the defendant fails to make any seasonable objection to the court’s lack of jurisdiction over the person of the defendant.
Who are the only persons allowed to serve summons?
[1] Sheriff;
[2] Sheriff’s deputy; or
[3] Other proper court officers; or
[4] For justifiable reasons, by any suitable person authorized by the court issuing the summons (Rule 14, Sec. 3)
What is an alias summons?
It is one issued by the clerk of court on demand of the plaintiff when the original summons was returned without being served on any or all of the defendants, or when summons has been lost. When issued, it supersedes the first summons.
