Practice question
A summons template threatens automatic immediate arrest if an ordinary civil defendant fails to sign the server’s receipt. The defendant has committed no separate offense. Counsel treats that threat as the Section 2 default notice. Which is sound?
- Section 2 expressly authorizes immediate arrest for every refused signature.
- The threat is not the prescribed default warning and must not be substituted for it.
- The clerk can create a criminal penalty through a form.
- Signing the receipt is the only legally possible method of service.
- A summons is an arrest warrant in every civil case.
Legal references
- 2019 Amendments to Civil Procedure, Rule 14, particularly Sections 1-5, 8, 13 and 23, as applicable to the stated issue: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
- Rules of Court, Rule 9 Section 3(d), limits on judgment against a party in default, read with current amendments: https://lawphil.net/courts/rules/rc_1-71_civil.html
Answer this question in flashcards to review your response and continue practicing.