Summons (Form 84)

Form 84 Summons appears in Schedule 7 of the Uniform Civil Rules 2020 (SA) alongside Form 84D Draft Summons. It is court process: the court inserts the case number, date signed, hearing date and time and hearing location, and the Registrar signs it. The lodging party sets out recitals explaining the background to and purpose of the hearing and the nature of the order sought. The summons tells the respondent that an application has been made, summons them to attend at the stated date and time (optionally to show cause why the order should not be made), and warns that if they do not appear the court may issue a warrant for their arrest or proceed in their absence. Many rules prescribe their own summons for a particular purpose, for example Form 151 (judgment debtor about to leave the State, r 203.18), Forms 143 and 146 (investigation and examination summonses, rr 203.4, 203.8) and Form 153 (contempt or breach of condition, rr 205.4, 205.5).

When you need it

• The court has ordered, or the rules provide for, a person to be summoned to attend a hearing of an application and no purpose-specific summons form applies.
• An order is sought against a person who must be given the chance to show cause why it should not be made.
• Check the rules first for a specific summons form (such as Form 151, 146 or 153), which should be used instead.

1. 1

   Complete the heading

   Delete all but the correct court, add Court of Appeal, minor civil or the list if applicable, and name the parties with capacity and party number. Leave the court-use box (case number, date signed, FDN, hearing date, time and location) for the court.

2. 2

   Name the lodging party

   Give the full name of the party seeking the summons and any law firm and solicitor.

3. 3

   Write the recitals

   Briefly set out the background to and purpose of the hearing.

4. 4

   Complete the warning to the respondent

   Insert the nature of the order sought, and keep or delete the words requiring the respondent to show cause why the order should not be made.

5. 5

   Mark the consequences of non-attendance

   Mark whether the court may issue a warrant for the respondent's arrest, proceed in their absence, or both. The Registrar signs in the court-use section.

• A summons is issued by the court: the court inserts the hearing details and the Registrar signs it. Where a rule governs the summons, follow it for what must be filed (for example, r 203.18 requires an interlocutory application, affidavit and draft order before a Form 151 summons issues).
• Serve the sealed summons on the person named in the way the order or rule requires. For enforcement and contempt process under Chapter 17, service of a summons is undertaken by the sheriff unless the court orders otherwise (r 206.1).
• Under Chapter 17, a warrant of apprehension for non-attendance generally requires personal service of the summons at least 4 days before the hearing, proved by affidavit or by the process server (r 201.6(1)).
• Fees may apply to issue and sheriff service: check the court and Sheriff's Office fee schedules.

• Keep proof of service. Without it the court may not be able to act on a failure to attend.
• Match the recitals and the order described to the application filed, so the person summoned knows what is sought.
• If you are summoned, attend on time; the form warns of arrest or orders in your absence.