An originating summons is a legal document used in certain jurisdictions to initiate court proceedings in civil matters. It is typically filed by a party seeking a court order for specific relief or resolution of a legal dispute. Unlike a traditional writ or complaint, which sets out the allegations and grounds for a claim, an originating summons is more streamlined and is primarily used for straightforward legal issues where there is no substantial factual dispute. It sets out the legal basis for the claim or relief sought and requests the court’s intervention. The defendant is then given an opportunity to respond to the summons, and the court may subsequently issue a judgement based on the submissions of both parties. Originating summonses are commonly used in matters such as applications for probate, interpretation of wills, or seeking declaratory relief.
A procedure for starting a court action where the facts of the case are not in dispute, and the question for the court is one of law.
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This glossary post was last updated: 29th March 2024.
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