Service Of Summons
As a decree of divorce impacts on the status of a person, it is required that service of summons must be done personally. In appropriate instances the court may direct a form of substituted service for divorce papers.
A defendant is not permitted to waive service on the basis that he/she consents to a decree of divorce.
A presiding officer has the power in his/her discretion to dispense with any provision of the Rules in terms of Rule 1(3) at a pre-trial conference and give directions as to the procedure to be followed by the parties so as to dispose of the action in the most expeditious and least costly manner and allow an early set-down of the undefended action, after service of the summons.
This of course is on the premise that the defendant is aware that the matter is to be heard and consents thereto.
Any amendment sought in terms of Rule 55A to amend the prayers in a summons should preferably be served personally by the sheriff of the court unless the summons was served by way of substituted service or edictal citation.
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