Subpoena

A writ of summons is a legal document prepared and submitted by a party or the party's lawyer to the court in connection with the commencement of civil proceedings.

The application often contains an invitation to the other party to reply to one or more of the claims made and to appear before the court to explain them.

Often there are two parties to a lawsuit: the plaintiff and the defendant. These are often represented by separate lawyers.

What does a writ of summons contain?

A writ of summons is a legal document that is prepared and submitted to the local court.

The relevant documents for a vote can be found on the court's website.

The summons must contain; the plaintiff's and defendant's generalia - as well as your claim. The statement of claim contains the claim(s) you want the courts to help you with. This could be, for example, recognition of a right, delivery of assets or payment of a sum of money.

In addition to the claim, the application contains a statement of the financial balance - including any principal and other costs. Next, the application contains a statement of reasons for your claim and evidence in support of your claim. If there are witnesses who can support your claim, you should also include them in your application.

You can find the template for the applicable summons on domstol.dk - there is also a guide to what you should fill in. The template has descriptions, examples and is very easy to fill in.

The template is about 1 page long. Remember to be as descriptive as possible with your claim.

The course of an application

An application starts by filling in a template on the Court's website. It is important that this is filled in completely and correctly. When submitting the summons, a court fee is required, which at the time of writing is DKK 500.

After the application has been sent, the other party is given the opportunity to reply to the application. If the defendant chooses not to reply, the court will give judgment in accordance with the defendant's claim. The same applies if the defendant does not object to the claim.

If the parties do not agree, a hearing will be convened in court in order to provide guidance to the parties and to clarify the possible further course of action.

How to get started with a writ of summons

Basically, it is easy to get started with drafting a writ of summons. On domstol.dk you will find the relevant documents that need to be completed in order to submit a summons.

On Domstol.dk you will find a template with instructions for filling in a writ of summons, the current template is one page long.