Understanding Summons in South Africa: A Complete Guide

If you are involved in a legal dispute in South Africa, you may receive a summons. This is an important legal document that outlines the details of the case and notifies you that legal action has been taken against you. In this guide, we'll take a closer look at summons in South Africa and provide you with all the information you need to know.

What is a Summons?

A summons is a legal notice that is issued at Court and served by the sheriff on a party (defendant) about a lawsuit. It is the first official legal notice that a defendant receives to notify him/her that he/she is being sued.

It is crucial at this stage, that you contact an attorney to seek legal assistance and advice regarding the claim against you.

Who issues a Summons?

A summons is typically issued by the court where the case will be heard. The plaintiff or their attorney, will file the necessary paperwork with the court to initiate legal action. The court will then issue the summons to the defendant, notifying them of the legal action taken against them.

What To Do When You Receive a Summons?

You need to act immediately after you receive a summons, as if you fail to respond timeously (i.e. within the prescribed time period), a default judgment may be taken against you which could have dire consequences. Never ignore a summons!

In terms of the Rules of Court, you have 10 business days from the day on which you received a summons to serve and file a notice of intention to defend.

What happens after a Summons is issued?

Once a summons has been issued, the legal process will begin. The defendant will have a specified period of time in which to respond to the summons, either by filing a notice of intention to defend or by entering into settlement negotiations with the plaintiff.

If the defendant files a notice of intention to defend, the case will proceed to trial. Both parties will have the opportunity to present their case, and the court will make a decision based on the evidence presented.

If the defendant fails to respond to the summons or to defend the case, a default judgment may be entered against them. This can result in the plaintiff being awarded the relief sought without the need for a trial.

Conclusion

If you are involved in a legal dispute in South Africa, it's important to understand the role of a summons and what it means for you. By seeking legal advice and responding to the summons in a timely manner, you can ensure that your rights are protected and that you have the best chance of success in the case. Barter McKellar’s litigation attorneys are well seasoned and experienced litigation lawyers who will be able to assist you.

If you need assistance with a litigation matter or dispute, contact our offices today to schedule a consultation with one of our specialist litigation attorneys.