if you are not summonsed ?

furryr

hi i have a theoretical question
and nope im not looking for advice but im curious about your opinion of this .

if in a civil case it comes to light that the defendant had never been served (if it was an impossibility s/he had been summonsed) and was made aware of the case only after it was over does that judgement stand in those circumstances , and if it was a criminal case is there a difference if exactly the same thing happened ?

I think that if it was within the time limitations you would be able re try a civil case but not a criminal one ?

Tom Young

It depends on what the scenario is.

Basically there are a number of mechanisms to affect service i.e., by post, if the party is not making themselves available. There are also summary summons which generally involved liquidated sum of money and judgments being entered in default of an appearance and/or Defence on the part of the Defendent.

Statute of Limitations applies in all matters - 2, 3, 6, 12, 30 years depending (PI, Slander, Contract/Tort, Land and State Land)

Criminal cases operate differently - Petty Sessions Act and or other summons' - limitation is 6 months from date of accural of the cause of action/crime.

dermot_sheehan

In a criminal trial in the district court you bring a motion to have service setaside as not being good under Order 10 rule 23 of the district court rules.

For civil or criminal trials in all courts, the plaintiff is supposed to prove adequate service before a motion for judgement in default of appearance is brought. If this proof is innacurate, a motion may be brought to have the judgement set aside on the grounds of inadequate service.

furryr

Thanks guys I think that was a pretty comprehensive answer thank you , it just struck me as curious if the process would continue to completion even if the defendant wasnt even aware of it.