Summons in Europe

Definition of Summons

A document issued from the office of a Court of justice, calling upon the person to whom it is directed to attend before a Judge or officer of the Court. In the High Court of Justice a summons is a mode of making an application to a Judge or master in chambers for the decision of matters of procedure prior to, or in lieu of, the hearing of an action in Court, e.g., a summons for directions (q.v.) or a summons for leave to sign judgment under Order XIV. See Judgment.
The term ” originating summons ” includes ” Every summons other than a summons in a pending cause or matter” (Order LXXI, r. IA). It is used in the Chancery Division instead of a writ of summons to obtain a declaration or decision of the Court in the following cases : (1) The construction of an instrument (Order LIVA) ; the determination of the rights of persons interested in an estate or trust ; the ascertainment of any class of creditors, etc., or the furnishing of accounts ; the administration of a trust of the property of a deceased person; or the foreclosure or redemption, etc., of a mortgage (Order LV). (2) Ex parte applications for the appointment of new trustees. See Writ of Summons; Warrant

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Definition of Summons is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.

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