5. Summons.

­(1) Every person making a claim against any other person may, through the office of the
registrar or clerk of the court, sue out a simple summons or a combined summons addressed to the sheriff directing
the sheriff to inform the defendant among other things that, if the defendant disputes the claim and wishes to
defend, the defendant shall­

(a) within the time stated in the summons, give notice of intention to defend; and

(b) after complying with paragraph (a), if the summons is a combined summons, within 20 days after
giving such notice, deliver a plea (with or without a claim in reconvention), or an exception, or an
application to strike out: Provided that an exception or application to strike out shall be in the manner
and within the timeframes provided for in rule 19.
[Sub­r. (1) substituted by GNR.2134 of 3 June 2022 w.e.f. 8 July 2022 and corrected by GNR.2434 of 2 September
2022 w.e.f. 8 July 2022.]

(2) (a) In every case where the claim is not for a debt or liquidated demand the summons shall be a
combined summons similar to Form 2B of Annexure 1, to which summons shall be annexed particulars of the
material facts relied upon by the plaintiff in support of plaintiff's claim, and which particulars shall, amongst others,
comply with rule 6, but in divorce matters a combined summons substantially compliant with Form 2C shall be used.

(b) (i) Where the claim is for a debt or liquidated demand, other than a claim subject to the provisions of
the National Credit Act, 2005, the summons may be a simple summons similar to Form 2 of Annexure 1.

(ii) If the cause of action is based on a contract the plaintiff shall indicate whether the contract is in
writing or oral, when, where and by whom it was concluded, and if the contract is in writing a copy thereof or of the
part relied on shall be annexed to the simple summons.
[Sub­r. (2) amended by GNR.507 of 27 June 2014 and substituted by GNR.1156 of 30 October 2020 w.e.f. 1
December 2020.]

(3) (a) (i) Every summons shall be signed by an attorney acting for the plaintiff and shall bear the attorney's
physical address at which plaintiff will accept service of all subsequent documents and notices in the suit. In places
where there are three or more attorneys or firms of attorneys practising independently of one another, the physical
address shall be within 15 kilometres of the courthouse. The summons shall also bear the attorney's postal
address, and, where available, the attorney's facsimile and electronic mail address. The State Attorney may appoint
the office of the registrar or clerk of the civil court as its address for service.
[Sub­para. (i) substituted by GNR.507 of 27 June 2014.]

(ii) If no attorney is acting for the plaintiff, the summons shall be signed by the plaintiff. The summons
shall bear the plaintiff's physical address at which the plaintiff will accept service of all subsequent documents and
notices in the suit. In places where there are three or more attorneys or firms of attorneys practising independently
of one another, the physical address shall be within 15 kilometres of the courthouse. The summons shall also bear
the plaintiff's postal address, and, where available, the plaintiff's facsimile and electronic mail address.
[Sub­para. (ii) substituted by GNR.507 of 27 June 2014.]

(iii) After subparagraph (i) or (ii) has been complied with, the summons shall be signed and issued by the
registrar or clerk of the court and shall bear the date of issue by the registrar or clerk as well as the case number
allocated thereto.

(b) The plaintiff may indicate in a summons whether the plaintiff is prepared to accept service of all
subsequent documents and notices in the suit through any manner other than the physical address or postal
address and, if so, shall state such preferred manner of service.

(c) If an action is defended the defendant may, at the written request of the plaintiff, deliver a consent in
writing to the exchange or service by both parties of subsequent documents and notices in the suit by way of
facsimile or electronic mail.

(d) If the defendant refuses or fails to deliver the consent in writing as provided for in paragraph (c), the
court may, on application by the plaintiff, grant such consent, on such terms as to costs and otherwise as may be
just and appropriate in the circumstances.
[Sub­r. (3) substituted by r. 2 of GNR.611 of 29 July 2011.]

(4) Every summons shall set forth­

(a) the surname and first names or initials of the defendant by which the defendant is known to the
plaintiff, the defendant's residence or place of business and, where known, the defendant's
occupation and employment address and, if the defendant is sued in any representative capacity,
such capacity; and

(b) the full names, gender (if the plaintiff is a natural person) and occupation and the residence or place
of business of the plaintiff, and if the plaintiff sues in a representative capacity, such capacity.
(5) (a) Every summons shall include a form for notice of intention to defend.

(b) Every summons, except a divorce summons, shall include­

(i) a form for consent to judgment;

(iii) a notice in which the defendant's attention is directed to the provisions of sections 57, 58, 65A and
65D of the Act in cases where the action is based on a debt referred to in section 55 of the Act.
[Sub­r. (5) substituted by GNR.507 of 27 June 2014.]

(6) A summons shall also­

(a) where the defendant is cited under the jurisdiction conferred upon the court by section 28 (1) (d) of
the Act, contain an averment that the whole cause of action arose within the district or region, and
set out the particulars in support of such averment;

(b) where the defendant is cited under the jurisdiction conferred upon the court by section 28 (1) (g) of
the Act, contain an averment that the property concerned is situated within the district or region; and

(c) show any abandonment of part of the claim under section 38 of the Act and any set­off under section
39 of the Act.
(7) Where the plaintiff issues a simple summons in respect of a claim regulated by legislation the summons
may contain a bare allegation of compliance with the legislation, but the declaration, if any, must allege full
particulars of such compliance.
[Sub­r. (7) substituted by GNR.1156 of 30 October 2020 w.e.f. 1 December 2020.]

Provided that where the original cause of action is a credit agreement under the National Credit Act, 2005,
the plaintiff seeking to obtain judgment in terms of section 58 of the Act shall in the summons deal with each one of
the relevant provisions of sections 129 and 130 of the National Credit Act, 2005, and allege that each one has been
complied with.
(8) A summons for rent under section 31 of the Act shall be in the form prescribed in Annexure 1, Form 3.
(9) Where the plaintiff sues as cessionary the plaintiff shall indicate the name, address and description of the
cedent at the date of cession as well as the date of the cession.
(10) A summons in which an order is sought to declare executable immovable property which is the home of
the defendant shall contain a notice in the following form:
"The defendant's attention is drawn to section 26 (1) of the Constitution of the Republic of South Africa which
accords to everyone the right to have access to adequate housing. Should the defendant claim that the order for
eviction will infringe that right it is incumbent on the defendant to place information supporting that claim before the
Court".
(11) If a party fails to comply with any of the provisions of this rule, such summons shall be deemed to be an
irregular step and the opposite party shall be entitled to act in accordance with rule 60A.