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The simple summons is the High Court equivalent of the ordinary summons in the Magistrate's Court. A combined summons, on the other hand, has a more detailed and separate document containing the particulars of claim and is annexed to the summons. As a general rule, the simple summons is used where the claim is for a debt or a liquidated demand ...
The summons may be enforced by a court order, [5] and the law provides a criminal penalty of up to one year in prison or a fine, or both, for failure to obey the summons, [6] except that the person summoned may, to the extent applicable, assert a privilege against self incrimination or other evidentiary privileges, if applicable.
A prayer for relief, in the law of civil procedure, is a portion of a complaint in which the plaintiff describes the remedies that the plaintiff seeks from the court. For example, the plaintiff may ask for an award of compensatory damages, punitive damages, attorney's fees, an injunction to make the defendant stop a certain activity, or all of these.
A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.
The application of the last-named remedy is restricted by many statutes. The court of appeal has jurisdiction to review judgments and orders of the High Court dealing with appeals, &c., from the decisions of justices in the exercise of their civil jurisdiction; but not when the subject-matter is a criminal cause or matter.
the only case in which the High Court granted a certificate under section 74 of the Constitution to appeal to the Privy Council: New South Wales v Commonwealth (Wheat or Inter-State Commission case) 1915 20 CLR 54 Griffith: 144 Constitutional: Separation of powers for Courts and the Inter-State Commission: Farey v Burvett: 1916 21 CLR 433 ...
An Order of Justice is one of three types of originating process used in the Royal Court of the Island of Jersey (part of the British Isles). It is a combination of the originating process (in England & Wales, for example a "writ") and a statement of claim. The other types of originating process are the [simple] Summons and the Representation.
A statement of case is any of a number of formal documents used in the courts of England and Wales under the Civil Procedure Rules (or CPR). The Claim Form (which may also include summary or all the particulars of claim , Defence and Response are all statements of case.
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