Queensland Practice and Procedure Bar Practice Exam

Question: 1 / 400

What is a 'writ of summons'?

A legal document that orders a party to attend a hearing

A document issued by the court that commences proceedings and requires a defendant to respond

A 'writ of summons' refers specifically to a legal document issued by a court that initiates civil proceedings and requires a defendant to respond to the claims brought against them. It serves as the formal mechanism through which a plaintiff presents their case to the court and notifies the defendant that legal action has been taken. This document typically outlines the nature of the claim and directs the defendant to appear and respond within a specified time frame.

In the context of civil procedure, the writ of summons is crucial because it establishes the jurisdiction of the court and delineates the issues for which the defendant must prepare a defense. The writ essentially lays the groundwork for the court's proceedings, ensuring that the defendant is adequately informed of the claims they face.

While the other options describe various legal documents or notifications, they do not accurately capture the specific function of a writ of summons as a commencement document in litigation. For instance, an order for a party to attend a hearing would be related to procedural aspects of a case but does not encompass the initiation of proceedings like the writ does. Similarly, requests to admit documents into evidence or notifications of hearing dates pertain to different stages of legal processes rather than the commencement itself.

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A formal request to have a document admitted into evidence

A notification to inform parties about a hearing date

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