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    SUMMONS V SUBPOENA

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    charmagne cuevas
    The document compares and contrasts summons and subpoenas. A summons (1) is issued by a clerk of court after a complaint is filed and fees are paid, (2) directs the defendant to answer within a set time, and (3) can be served by the sheriff or authorized person. A subpoena (1) is issued by the court where the witness must attend, an authorized officer or body, or Supreme Court justice, (2) states the court and case title and is directed at the person whose attendance is required, and (3) may also include documents or things relevant to the case.

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    SUMMONS V SUBPOENA

    Uploaded by

    charmagne cuevas
    50 views2 pages
    The document compares and contrasts summons and subpoenas. A summons (1) is issued by a clerk of court after a complaint is filed and fees are paid, (2) directs the defendant to answer within a set time, and (3) can be served by the sheriff or authorized person. A subpoena (1) is issued by the court where the witness must attend, an authorized officer or body, or Supreme Court justice, (2) states the court and case title and is directed at the person whose attendance is required, and (3) may also include documents or things relevant to the case.

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    SUMMONS v SUBPOENA.docx

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    The document compares and contrasts summons and subpoenas. A summons (1) is issued by a clerk of court after a complaint is filed and fees are paid, (2) directs the defendant to answer within a set time, and (3) can be served by the sheriff or authorized person. A subpoena (1) is issued by the court where the witness must attend, an authorized officer or body, or Supreme Court justice, (2) states the court and case title and is directed at the person whose attendance is required, and (3) may also include documents or things relevant to the case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    50 views2 pages

    SUMMONS V SUBPOENA

    Uploaded by

    charmagne cuevas
    The document compares and contrasts summons and subpoenas. A summons (1) is issued by a clerk of court after a complaint is filed and fees are paid, (2) directs the defendant to answer within a set time, and (3) can be served by the sheriff or authorized person. A subpoena (1) is issued by the court where the witness must attend, an authorized officer or body, or Supreme Court justice, (2) states the court and case title and is directed at the person whose attendance is required, and (3) may also include documents or things relevant to the case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    SUMMONS v SUBPOENA

    SUMMONS

    ■ Under What Rule?

    Rules on Summons can be found under Rule 14 of Rules of Court.

    WHEN? WHO ISSUES? TO WHOM?

    ■ Section 1. Clerk to issue summons. — Upon the (1)filing of the complaint and (2) the
    payment of the requisite legal fees, the clerk of court shall forthwith issue the
    corresponding summons to the defendants.

    CONTENTS

    ■ Section 2. Contents. — The summons shall be directed to the defendant, signed by the
    clerk of court under seal and contain (a) the name of the court and the names of the
    parties to the action; (b) a direction that the defendant answer within the time fixed by
    these Rules; (c) a notice that unless the defendant so answers plaintiff will take
    judgment by default and may be granted the relief applied for.

    ■ A copy of the complaint and order for appointment of guardian ad litem if any, shall be
    attached to the original and each copy of the summons.

    WHO SERVES THE SUMMONS?

    ■ Section 3. By whom served. — The summons may be served by the sheriff, his deputy,
    or other proper court officer, or for justifiable reasons by any suitable person authorized
    by the court issuing the summons.

    ■ Section 4. Return. — When the service has been completed, the server shall, within
    five (5) days therefrom, serve a copy of the return, personally or by registered mail, to
    the plaintiff's counsel, and shall return the summons to the clerk, who issued it,
    accompanied by proof of service.

    ■ Section 5. Issuance of alias summons. — If a summons is returned without being


    served on any or all of the defendants, the server shall also serve a copy of the return
    on the plaintiff's counsel, stating the reasons for the failure of service, within five (5)
    days therefrom. In such a case, or if the summons has been lost, the clerk, on demand
    of the plaintiff, may issue an alias summons.
    SUBPOENA

    ■ Under What Rule?

    Rules on Subpoena can be found under Rule 21 of Rules of Court.

    WHO ISSUES?

    Section 2. By whom issued. — The subpoena may be issued by —

    (a) the court before whom the witness is required to attend;

    (b) the court of the place where the deposition is to be taken;

    (c) the officer or body authorized by law to do so in connection with investigations


    conducted by said officer or body; or

    (d) any Justice of the Supreme Court or of the Court of Appeals in any case or
    investigation pending within the Philippines.

    When application for a subpoena to a prisoner is made, the judge or officer shall examine and
    study carefully such application to determine whether the same is made for a valid purpose.

    No prisoner sentenced to death, reclusion perpetua or life imprisonment and who is confined in
    any penal institution shall be brought outside the said penal institution for appearance or
    attendance in any court unless authorized by the Supreme Court

    FORM AND CONTENTS

    Section 3. Form and contents. — A subpoena shall state the name of the court and the title of
    the action or investigation, shall be directed to the person whose attendance is required, and in
    the case of a subpoena duces tecum, it shall also contain a reasonable description of the books,
    documents or things demanded which must appear to the court prima facie relevant.

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