1. Can I issue a writ of summons without serving it on the defendant?

A plaintiff is entitled to issue a writ without serving it immediately. The issuance of a writ is the act of the party, not a judicial act. Withholding service is not considered an abuse of process. However, if a plaintiff delays service, a defendant who becomes aware of the writ may serve a notice requiring the plaintiff to either serve the writ or discontinue the action within a specified time.

Initial period of validity

For the purpose of service, a writ (other than a concurrent writ) is valid in the first instance for 12 months beginning with the date of its issue. The validity begins on the actual day the writ is issued. For example, a writ issued on 1 January will expire at the end of 31 December of the same year. If a writ is not served within this 12-month window or any subsequent renewal period, it is not a nullity, but service after that time is considered an irregularity that a defendant may apply to set aside.

If service is effected by registered post or letter box insertion, it is deemed served on the seventh day after posting or insertion. It is not enough for the writ to be valid on the day it is posted or inserted; it must still be valid on the seventh day (the deemed date of service). To ensure the deemed service date falls within the validity period, the plaintiff must post the writ at least 7 days before it expires.

Validity of concurrent writs

A concurrent writ, which is a true copy of the original writ issued to facilitate service on multiple defendants or service out of the jurisdiction, is valid in the first instance only for the period of validity of the original writ that remains unexpired at the date the concurrent writ is issued.

Renewal

If a writ has not yet been served within the first 12-month window, the court may extend its validity. The extension will be for the period specified by the court, but each extension cannot exceed 12 months at any one time. The court may grant a shorter period, such as one or three months, if that is all that is justified by the circumstances.

The extended period starts on the day immediately after the writ would otherwise have expired. For example, if the writ would have expired on a particular date, the renewed period begins on the next day.

An application to extend the validity of a writ should normally be made before the writ expires. In ordinary circumstances, the plaintiff should apply within the period of the writ’s first validity. However, the court may allow an application to be made later if the circumstances justify it.

Where the court extends the validity of one writ in an action, the order also extends the validity of all other unserved writs issued in the same action, whether they are original writs or concurrent writs.

The two-stage inquiry for renewal

The court follows a two-stage process when deciding whether to grant an extension:

Stage 1

The applicant must show “good reason” for the extension and provide a satisfactory explanation for the failure to serve the writ during its original period of validity. Good reasons may include a defendant evading service or an agreement between parties to defer service, but general negotiations or solicitor oversight are typically insufficient.

Stage 2

If good reason is established, the court then considers the balance of hardship and all other relevant circumstances to decide if it should exercise its discretion.

Procedural requirements

An application to renew a writ must be made ex parte and supported by an affidavit/affirmation. The affidavit/affirmation must fully explain the circumstances, the date of issue, and why the writ has not yet been served. Once an order is granted, the writ must be marked with an official “Renewed” stamp showing the period of extension before it is served. Failure to include this stamp may render the service irregular.