| originating summons | вызов в суд (исковая форма для установительных исков в процессуальном праве Ирландии, Кипра, Индии, Нигерии, Сингапура и др. – a document which formally begins a legal case where the parties agree on the facts, but need a judge to decide on the meaning of a law, contract, or other document. В Сингапуре: An originating summons is one of two modes of commencing a civil action; the other mode being the writ of summons. An action is commenced by way of originating summons when (1) required by statute; or (2) a dispute is concerned with matters of law where there is unlikely to be any substantial dispute of fact. An originating summons is heard based on affidavits filed in support and in opposition of the application in chambers or open court. Summonses are procedural steps taken within an originating case. Apart from summons for injunctions, where there may not be an existing case, a summons application is usually taken up a case comes into existence and heard based on based on affidavits filed in support and in opposition of the application in chambers. After the hearing of an originating summons or summons, an order of Court will usually need to be extracted.: after) |
