New Practice Direction on the Renewal Of Summons
Mr Justice Kelly has recently issued a reminder to practitioners about the rules on the renewal of Summons enacted earlier this year. On 11 January 2019, SI 482, Rules of the Superior Courts (Renewal of Summons) 2018 came into effect and made changes to Order 8 of the Rules of the Superior Courts regulating the time limits within which and circumstances within which a Summons may be renewed:
- No original summons shall be in force for more than 12 months from the date of issue, but if any defendant has not been served, a plaintiff may apply for leave to renew the summons
- If the Master is satisfied, on an application for renewal within the 12 months, that reasonable efforts have been made to serve a defendant, then the summons may be renewed for three months
- If the 12 month period has expired, an application to renew shall be made to the court
- The court may order a renewal of the summons (both original or concurrent) for three months, where it is satisfied that there are special circumstances that justify the extension and such circumstances are to be stated in the order and
- If renewed, the summons will be stamped with the date, month and year of such renewal, such stamp to be provided and kept for that purpose in the Central Office.