An originating application includes both a petition or a praecipe. A petition is the more common type of originating application and would be the form of choice for foreclosure, estate, trust, property or construction of document cases and, to some lawyers, to be used wherever and whenever possible. Many situations offer a choice of writ of summons or petitions and most lawyers choose a petition because the process is faster and allows for evidence by affidavit. On the other hand, most procedures such as examination for discovery or the discovery of documents are only available if the proceedings began with a writ of summons. Extra-provincial service is allowed but, in some cases, leave of the Court is required.
Service is personal .
In other words, it is not done by mail but by leaving the defendant with a copy with him or her. Rule 11 provides greater detail for service on companies or upon the government including the use of facsimile service. In order to defend against a writ, a person must advise the court of their intention to do so. The Court can make exceptions or excuse delays. In many cases, a lawyer or law firm will enter an appearance on behalf of their client.