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WHAT SHOULD I DO AFTER THE SUMMONS IS ISSUED ?

Once the summons is issued it is ready for service of summons.

A valid summons must be served

• personally on each defendant or
• by sending it by prepaid acknowledgment returned A.R. registered post addressed to the defendant last known address.

Personal service of a summons is effected by leaving a copy of the summons with the person to be served and, if requested by him or her, showing him or her the sealed copy of the summons.

If the defendant is represented by a solicitor, the solicitor's endorsement on the summons a statement that he or she accepts service of the summons on behalf of the defendant, the summons is deemed duly served on the defendant on the date the endorsement was made.

A summons must be served 14 days before the hearing date of the summons.

If you did not serve a copy of the summons on the defendant, but the defendant appears in Court on the hearing date and does not object to the hearing of the summons, the summons is also deemed duly served on him or her on the date on which he or she appears in Court.

If you effect the service of summons after 4 p.m. on any weekday except the day preceding the weekly holiday, the summons is considered to have been effected on the following day.

If you effect the service of summons after 12 noon on the day preceding the weekly holiday, the summons is considered to have been effected on the following day the weekly holiday.

If the defendant is a member of the armed forces, the summons may be served on the commanding officer or adjutant of his unit who shall transmit the summons to him.

If the defendant is in prison, the summons may be served on the officer in charge of the prison who shall transmit the summons to the said prisoner.

If the summons is served on the defendant by way of personal service, an affidavit of service of a summons must be made in Form 9 (Affidavit Of Service). You or your solicitor serving the summons must state by whom the summons was served, the day of the week and date, on which it was served, where it was served and how.

If the summons is

• not served on the defendant by you personally or your solicitor, the person serving the summons must endorse on Form 7 (Indorsement of Service) or
• where the summons is served by a process server of the Court, the Registrar of the Court must give notice in Form 8 (Notice of Service) to you or your solicitor of the fact and manner of service.

Where the defendant is a body corporate, service of summons can be effected by

• serving it on the chairman or president or the secretary, treasurer or other similar officer or
• by leaving it at the registered office of the body corporate or
• by posting it by prepaid registered post addressed to the body corporate at the office or
• if there are more officers than one, at the principal office of the body corporate, whether such office be situated within West Malaysia or elsewhere.

If you are unable to serve the summons by way of personal service or prepaid registered post, you can apply to serve the summons by way of substituted service.