Writ Of Summons in Europe

Definition of Writ Of Summons

A process issued in the High Court at the instance of the plaintiff for the purpose of giving the defendant notice of the claim made against him and of compelling him to appear and answer it if he does not admit it. It is the first step in the action. It is issued from the Central Office or from a district registry. The writ consists of the body, the memoranda and the indorsements. The body contains the ” title,” that is, the reference to the record, the name of the Court, division, Judge, if necessary, and the names of the parties, the mandatory part, by which the defendant is ordered to enter an appearance, and the teste (q.v.). The memoranda specify the time within which the writ must be served and the place where the defendant may enter an appearance. The indorsements consist of a brief statement of the nature of the claim, i. e., the indorsement of address, giving the name and address of the plaintiff and his solicitor, with an “address for service if necessary ; and the indorsement of service made by the person who serves the writ. In addition a writ may be specially indorsed, e.g., for a debt or liquidated demand under Order III, r. 6. See Judgment
In Admiralty actions the writ is addressed to the owners of the ship or other property, and commands them to enter an appearance ; and at any time after its issue a warrant may be issued authorising the arrest of the ship, etc.
A writ remains in force for twelve months from its issue, but if service has not been effected within that time it may (if a Judge so orders) be renewed for six months. See Orders I, II, III, V, and VIII

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

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