April 29, 2017

CIVIL PROCEDURE CODE OF THE STATE OF ERITREA

BOOK III – SERVICE, PLEADINGS AND EVIDENCE

TITLE I – SERVICE

Chapter 1. – Issue and Service of Summons on Defendant

Art. 116. – Issue of Summons.

(1) When a suit has been duly instituted in accordance with this Book, a summons shall, unless otherwise provided, be issued to the defendant to appear and answer the claim on a day specified therein. No such summons shall be issued when the defendant has appeared at the presentation of the statement of claim and admitted the plaintiff’s claim.

(2) The summons shall order the defendant to produce all the documents mentioned in the list annexed to the statement of defense.

(3) The summons shall inform the defendant that the case will proceed on the basis of the statement of claim if he does not appear or if he appears without his statement of defense.

(4) Every summons shall be in the form prescribed by law and shall be signed by or on behalf of a judge or the registrar and bear the seal of the court.

Art. 117. – Modes of Service.

(1) Unless otherwise provided, the summons will be served on the defendant by the court and the court may authorize any person, hereinafter referred to as the serving officer, to do this on its behalf.

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