In writing only: email and e-filing

KSTGeneral information, not legal advice
Synthetic · simulationNot a real case

Who must be summoned to the trial date, and who is only notified of it under this provision?

General information · Not legal advice

Material to check

In a practice file, we read the summonses addressed to the defendant, the representative and the agent, and the dated notification papers sent to the prosecutor, defence counsel and any assistant, since each group is reached by a different verb in the provision.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading separates the duties: the defendant and the representative or the agent are persons to be summoned to the trial date, while the prosecutor, defence counsel and any assistant are persons of whom notice of that date is to be given, so the file should hold papers of each kind addressed as the provision prescribes.

Another reading notes that the provision lists who is to be summoned and who is to be given notice, without naming the court officer who carries out either duty and without stating how a summons is served or what follows if it cannot be delivered, leaving those questions to be read from elsewhere in the Criminal Procedure Act and from the file's own proof of service.

Your judgment

Where the file names both a representative and an agent, what in the papers shows which of them the summons actually addressed?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We look at this again if the provision is amended to name the officer who summons or notifies, or to add a condition on when a representative or agent is summoned, or if a court decision explains the effect of a summons that never reached the defendant.

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