How may a defendant be summoned to a hearing, and what must the record show when attendance is ordered instead?
General information · Not legal advice
Material to check
In a practice file we would read the written statement the defendant filed saying they will attend the hearing, the trial record showing that a next hearing date was set and attendance ordered, and any proof that the statement reached the court before that date.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes service as the ordinary route the provision starts with: the summons must be served, but where a written statement from the defendant says they will attend the hearing, or where a defendant who has appeared is given the next date and ordered to attend, that statement or order has the same effect as service of the summons.
Another reading stresses the condition the provision attaches only to the second route: where attendance has been ordered, the gist of the order must be entered in the trial record, while for the written statement the provision requires only that the defendant submits a written document, leaving open how that document is filed or proved.
Your judgment
Where the file shows a written statement of intended attendance but no service, what proves the statement reached the court before the hearing date?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to set the form or filing of that written statement, or if a court decision decides whether entry of the gist in the record is what gives an attendance order its effect.