The summons on the merits

A summons on the merits is a procedural document in which a person (the plaintiff) informs his opponent (the defendant) that he is bringing a lawsuit against him and summons him to appear before a court so that a judge can decide the dispute.

The summons is distinct from the petition, which is an act initiating proceedings by which the plaintiff refers the matter to the court so that it can summon the parties directly.

The summons on the merits is delivered by a bailiff who gives the first original to the defendant, which is equivalent to a summons, and the second original to the plaintiff to enable him to bring the case before the court.We speak of a summons "on the merits" when the judge before whom the parties are summoned will rule on all aspects of the law and procedure of the case

It is contrasted with the writ of summary jurisdiction, which only concerns certain points to be decided in an emergency.