Practice question
Thirty calendar days after issuance and receipt, a server has not completed service. Counsel argues that summons automatically expired on day30, so no later action is possible. Another lawyer says §4 keeps summons valid until duly served unless recalled, while §20 separately imposes a service-completion duty. Which is sound?
- The first lawyer is correct because all summons expire automatically on day30.
- The second lawyer correctly distinguishes validity from the server's completion and reporting duties.
- Both provisions abolish the need to serve summons.
- The defendant must issue the replacement summons.
- The return itself becomes a final judgment.
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — AM19-10-20-SC, current 2019 amendments, Rules8§12,14§§20–23 and15.
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