South Australian Consolidated Acts

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SUMMARY PROCEDURE ACT 1921 - SECT 57

57—Issue of summons

        (1)         When a complaint has been made and filed in the Court, the Court must, subject to subsection (2), issue a summons for the appearance of the defendant.

        (2)         No summons need be issued—

            (a)         where the relevant law under which the complaint is made provides for the matter to be dealt with in the absence of the defendant; or

            (b)         where the defendant is already before the Court; or

            (c)         where a warrant is issued to have the defendant arrested and brought before the Court.

        (3)         If when a complaint is filed in the Court the whereabouts of the defendant is unknown, the Court may defer issuing a summons until informed of a place at which service might be effected.



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