2024, Civil Litigation, English, Legal Training

HOW DO DEFENDANTS KNOW THEY’REBEING SUED?

Question: I’ve been pondering for a long time, how exactly do the people being sued know they’re being sued? Does the Court contact them directly or the Plaintiff’s lawyer?

Answer: Usually, the Plaintiff’s lawyer will serve the Writ of Summons via courier, by hand, fax, AR registered post, etc as per Order 62 Rule 6 of the Rules of Court 2012.

HOW DO WE CONFIRM THE DEFENDANT HAS RECEIVED THE WRIT OF SUMMONS?

There are several ways to ensure the defendant has received and is aware of the writ of summons.

If the service was made by hand, usually the Defendant will sign the copy of the covering letter.
If the service was made by AR registered post, usually the AR card will be returned to the Plaintiff’s lawyer with acknowledgement of receipt. Nevertheless, the most concrete
confirmation is when the defendant has entered a memorandum of appearance.

OH NO, I’VE JUST RECEIVED A WRIT OF SUMMONS, WHAT SHOULD I DO?

You need to enter a memorandum of appearance immediately! A memorandum of appearance is a formality to inform the Court and the Plaintiff that the defendant is represented by a lawyer or will be defending themselves in the said civil suit.

TIME IS RUNNING OUT, WHEN DO I FILE THE MEMORANDUM OF APPEARANCE?

According to Order 12 Rule 4 of the Rules of Court 2012, you only have 14 days to enter your appearance from the date of service of the writ!

I MISSED THE DEADLINE TO ENTER AN APPEARANCE, WHAT SHOULD I DO?

Order 12 Rule 5 of the ROC 2012 also provides that the Defendant CAN NOT enter a late appearance, in fact it could deprive him of his right to defend himself.

Nevertheless, the Court is not a cruel institution. Order 12 Rule 5 of the ROC 2012 stipulates that the Defendant may still apply to enter a late appearance to the Court if they have a justification and the Court will consider said application before granting permission.

THE DEFENDANT IS AVOIDING SERVICE OF WRIT, WHAT CAN I DO?

Question: The defendant is M.I.A. or avoiding receiving the service of writ. What can the Plaintiff do to ensure the service succeeds?

Answer: Do a substitute service as per Order 12 Rule 5 of the ROC 2012. Substitute services can be executed via newspaper ads or postings on Facebook, subject to the Court’s orders.

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