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Application for a Summons

A civil procedure shall be instituted by delivering a written application for summons to the registry of a district court. The application for summons may also be filed electronically. Simultaneously, the written preparation of the case is initiated.

  • The application for a summons should contain the following information:

  • the specified claim of the plaintiff (for instance that the defendant should pay a particular amount of debt)

  • the circumstances on which the claim is based on (for instance, the contract the debt is based on and the expired invoice)

  • the evidence that the plaintiff intends to present (for instance the contract and the invoice)

  • a claim for the compensation of legal costs; and

  • the basis for the jurisdiction of the court (for instance the district court with jurisdiction due to the defendant’s place of domicile)

If the application for a summons is clearly unfounded, the court may dismiss the case with prejudice, meaning that the plaintiff cannot bring the same lawsuit against the same defendant later on. If the application for a summons is “only” deficient, the court may ask the plaintiff to supplement the application within a specified time-limit. If the plaintiff fails to supplement the application and the case cannot be decided based on the deficient application, the lawsuit will be dismissed, and the plaintiff is obligated to bring a new application for a summons for the case to become pending again.

If the application for a summons meets the statutory requirements and it is not clearly unfounded, the court serves a summons to the defendant, usually within a couple of weeks. The summons is a written exhortation to respond to the demands of the plaintiff. In practice, the defendant must reply in writing within the time specified (depending on the method of service, usually within 14-45 days). The defendant is exhorted to state whether they admit or contest the matters presented in the lawsuit, in addition to listing the evidence the defendant intends to present. If the defendant (or their legal representative) fails to respond to the summons or fails to appear to the preparatory hearing, the court may enter a judgment by default and thereby decide the case in favor of the plaintiff (exceptions to this rule e.g. child matters).