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The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

Type Ni-Statutory-Rule

Publication 1980-10-01

Last updated 2025-07-11

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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articles 1

Reform history JSON API

(g) application to sanction a compromise, arrangement or transaction on behalf of a person under disability;

(h) applications concerning charities;

(i) applications under section 40 of the Trustee Act (Northern Ireland) 1958[^f00038] for the appointment of a trustee in substitution for an existing trustee without his consent;

(j) applications to authorise transactions relating to trust property under section 56 of the Trustee Act (Northern Ireland) 1958;

(k) applications to vary trusts under section 57 of the Trustee Act (Northern Ireland) 1958;

(l) applications by trustees to be relieved from personal liability under section 61 of the Trustee Act (Northern Ireland) 1958;

(m) applications under section 111(2) of the Mental Health Act (Northern Ireland) 1961[^f00039] to bring proceedings against a person;

(n) any other matter or proceeding which by any of these Rules or under any general or special directions of the Lord Chief Justice or, in the case of the Master (Chancery) or the Master (Bankruptcy), the Chancery Judge, is required to be heard only by a judge.

(2) Where an originating summons raises for the determination of the Court a question as to the construction of a document or a question of law, nothing in paragraph (1) shall authorise a master to determine that question.

[E.rr. 11 & 14]

Reference of matter to judge

12

(1) A master may refer to a judge any matter which he thinks should properly be decided by a judge, and the judge may either dispose of the matter or, after or without hearing the parties, refer it back to the master, with such directions as he thinks fit.

(2) A matter referred under this rule shall, in accordance with the directions of the judge, either be listed for hearing by the judge or restored to the master's list.

[E.r. 12]

Power to direct hearing in court

13

(1) The judge in chambers may direct that any summons, application or appeal shall be heard in court or shall be adjourned into court to be so heard if he considers that by reason of its importance or for any other reason it should be so heard.

(2) Any matter heard in court by virtue of a direction under paragraph (1) may be adjourned from court into chambers.

[E.r. 13]

Masters may summon parties, etc.

14

(1) For the purpose of any proceedings before him, a master may

(a) issue a summons requiring any party to the proceedings to attend before him,

(b) at the request of any such party, issue a summons requiring any person to attend him as a witness,

(d) examine any party or witness either orally or on interrogatories.

(2) A summons under paragraph (1)(b) must be served personally on the person against whom it is issued.

(3) If a person refuses or fails to obey a summons duly served on him under this rule the master may make an order requiring that person to attend before him.

[E.r. 15]

Obtaining assistance of experts

15

If the Court thinks it expedient in order to enable it better to determine any matter arising in proceedings in chambers, it may obtain the assistance of any person specially qualified to advise on that matter and may act upon his opinion.

[E.r. 16]

Adjournment into or from court

16

The hearing of any summons or other application in chambers may be adjourned from chambers into court and subsequently from court into chambers.

[E.r. 18]

Disposal of matters in chambers

17

The judge may by any judgment or order made in court in any proceedings direct that such matters (if any) in the proceedings as he may specify shall be disposed of in chambers.

[E.r. 19]

Papers for use of Court, etc.

18

The original of any document which is to be used in evidence in proceedings in chambers must, if it is available, be brought in, and copies of any such document or of any part thereof shall not be made unless the Court directs that copies of that document or part be supplied for the use of the Court or be given to the other parties to the proceedings.

[E.r. 21]

TRIAL

ORDER 33 — PLACE AND MODE OF TRIAL

Place of trial

1

Subject to any direction or order under section 58 of the Act, the place of trial of a cause or matter, or of any question or issue arising therein, shall be the Royal Courts of Justice.

[E.r. 1]

Mode of trial

2

Subject to the provisions of these Rules, a cause or matter, or any question or issue arising therein, may be tried before—

(a) a judge alone, or

(b) a judge with a jury, or

(d) a master.

[E.r. 2]

Time, etc., of trial of questions or issues

3

The Court may order any question or issue arising in a cause or matter, whether of fact or of law or partly of fact and partly of law, to be tried before, at or after the trial of the cause or matter, and may give directions as to the manner in which the question or issue shall be stated.

[E.r. 3]

Determining the mode of trial

4

(1) A party setting down an action to which section 62(1) of the Act applies must specify the mode of trial which he requests.

(2) Where the party setting down such an action requests a trial without a jury, any other party may within 7 days after receiving a notice pursuant to Order 34, rule 7(1) lodge a request in the appropriate office that the action be tried with a jury and must within 24 hours after lodging such request send a copy thereof to every other party.

(3) A party setting down any other action must not request any mode of trial.

(4) Where trial with a jury has been requested under paragraph (1) or (2), any party (including the party who made the request) may apply either by motion on notice or at the trial of the action for an order that the action or any issue of fact therein be tried without a jury.

(5) Where the trial of an action with a jury has not been requested, any party (including the party who set down the action for trial) may apply by motion on notice for an order that the action or any issue of fact therein be tried with a jury.

(6) The Court may, upon application made under paragraph (4) or (5) and subject to section 62 of the Act, fix the mode of trial of any action or of any issue of fact therein and, only where it considers that the interest of justice so require, order that different questions of fact arising in the action be tried at different times or by different modes of trial.

(7) Nothing in this rule affects the provisions of Order 104, rule 11, as to actions for the infringement of a patent.

Trial with assistance of assessors

5

A trial of a cause or matter with the assistance of assessors under section 61 of the Act shall take place in such manner and on such terms as the Court may direct.

[E.r. 6]

Dismissal of action, etc.; after decision of preliminary issue

6

If it appears to the Court that the decision of any question or issue arising in a cause or matter and tried separately from the cause or matter substantially disposes of the cause or matter or renders the trial of the cause or matter unnecessary, it may dismiss the cause or matter or make such other order or give such judgment therein as may be just.

[E.r. 7]

ORDER 34 — SETTING DOWN FOR TRIAL ACTION BEGUN BY WRIT

Application and interpretation

1

This Order applies to actions begun by writ and, accordingly, references in this Order to an action shall be construed as references to an action so begun.

[E.r. 1]

Time for setting down action

2

(1) The plaintiff in any action shall within 6 weeks after the close of pleadings, or within the period fixed by an order of the Court, set down the action for trial.

(2) Where the plaintiff fails to set down the action for trial, the defendant may set it down or apply to the Court to dismiss the action for want of prosecution and, on the hearing of any such application, the Court may order the action to be dismissed accordingly or make such order as it thinks fit.

[E.r. 2]

Setting down action for trial

3

In order to set down an action for trial the party setting it down must deliver to the appropriate office a request in Form No. 34 of Appendix A that the action may be set down for trial.

Lodging documents

4

(1) The party setting down an action for trial must deliver to the appropriate office two indexed bundles (one of which shall serve as the record and the other to be for the use of the judge) consisting of one copy of each of the following documents, that is to say—

(a) the writ,

(b) the pleadings (including any affidavits ordered to stand as pleadings), any request or order for particulars and the particulars given,

(d) the requisite legal aid documents, if any.

(2) Each of the said bundles must be bound up and indexed in the proper chronological order and the bundle which is to serve as the record must be stamped with the stamp denoting payment of the fee payable on setting down the action and have indorsed thereon the names, addresses and telephone numbers of the solicitors for the parties or, in the case of a party who has no solicitor, of the party himself.

(3) Where a third party notice has been issued under Order 16, the party issuing the notice (whether with or without leave) must, as soon as practicable after receiving notice that the action has been set down for trial or on setting down the action for trial (unless the third party proceedings have been disposed of or abandoned), deliver to the appropriate office two bundles prepared in accordance with paragraph (1) each consisting of of copy of the third party notice and all documents in the third party proceedings corresponding to those specified in paragraph (1).

(4) Where a new trial becomes necessary in any action, the procedure for setting down the action for the new trial shall be that specified in the foregoing provisions except that the bundle which is to serve as the record must be bespoken from the appropriate office and must include the order for a new trial.

(5) In this rule “the requisite legal aid documents” means any documents which are required by regulations under Part I of the Legal Aid and Advice Act (Northern Ireland) 1965[^f00040] to be included in the bundle for use at the trial.

[E.r. 3]

Directions relating to lists

5

Nothing in this Order shall prejudice any powers of the Lord Chief Justice to give directions—

(a) providing for the keeping and publication of lists of actions for hearing;

(b) providing for the determination of a date for the trial of any action which has been set down or a date before which the trial thereof is not to take place; and

(c) as to the making of applications (whether to the Court or a court officer) to fix, vacate or alter any such date, and, in particular, requiring any such application to be supported by an estimate of the length of the trial and any other relevant information.

[E.r. 4]

Further provisions as to lists

6

At any time after an action has been set down for trial and before it is tried, the Court may require the parties to furnish the Court or court officer, by personal attendance or otherwise, with such information as may be necessary to show whether the action is ready for trial, and if any party fails to comply with any such requirement, the Court may—

(a) of its own motion, on 7 days' notice to the parties, direct that the action be removed from the list of actions for hearing;

(b) on the application of any party, dismiss the action for want of prosecution or strike out the defence or counterclaim or make such other order as the Court thinks fit.

[E.r. 5]

Notification of setting down

7

(1) A party to an action who sets it down for trial must, within 24 hours after doing so, give notice in Form No. 35 of Appendix A to the other parties to the action that he has done so.

(2) It shall be the duty of all parties to an action set down for trial to furnish without delay to the officer who keeps the lists of actions for hearing all available information as to the action being or being likely to be settled, and, if the action is settled or withdrawn, to notify that officer of the fact without delay.

(3) In performance of the duty imposed by paragraph (2), a plaintiff who gives notice of acceptance of a payment into court in accordance with Order 22, rule 3(1), shall at the same time lodge a copy of the notice with the officer mentioned in that paragraph.

[E.r. 8]

Abatement, etc., of action

8

(1) Where after an action has been set down for trial the action becomes abated, or the interest or liability of any party to the action is assigned or transmitted to or devolves on some other person, the solicitor for the plaintiff or other party having the conduct of the action must, as soon as practicable after becoming aware of it, certify the abatement or change of interest or liability and send the certificate to the proper officer, and that officer shall cause the appropriate entry to be made in the list of actions set down for trial.

(2) Where in any such list an action stands for one year marked as abated or ordered to stand over generally, the action shall on the expiration of that year be struck out of the list unless, in the case of an action ordered to stand over generally, the order otherwise provides.

[E.r. 9]

ORDER 35 — PROCEEDINGS AT TRIAL

Failure to appear by both parties or one of them

1

(1) If, when the trial of an action is called on, neither party appears, the action may be struck out of the list, without prejudice, however, to the restoration thereof, on the direction of a judge.

(2) If, when the trial of an action is called on, one party does not appear, the judge may proceed with the trial of the action or any counterclaim in the absence of that party.

[E.r. 1]

Judgment, etc. given in absence of party may be set aside

2

(1) Any judgment, order or verdict obtained where one party does not appear at the trial may be set aside by the Court, on the application of that party, on such terms as it thinks just.

(2) An application under this rule must be made within 7 days after the trial.

[E.r. 2]

Adjournment of trial

3

The judge may, if he thinks it expedient in the interest of justice, adjourn a trial for such time, and to such place and upon such terms, if any, as he thinks fit.

[E.r. 3]

Order of speeches

4

(1) The judge before whom an action is tried (whether with or without a jury) may give directions as to the party to begin and the order of speeches at the trial, and, subject to any such directions, the party to begin and the order of speeches shall be that provided by this rule.

(2) Subject to paragraph (6), the plaintiff shall begin by opening his case.

(3) If the defendant does not adduce evidence, the plaintiff may, after the evidence on his behalf has been given, make a second speech closing his case and the defendant shall then state his case.

(4) If the defendant does adduce evidence, he may, after any evidence on behalf of the plaintiff has been given, open his case and, after the evidence on his behalf has been given, make a second speech closing his case, and at the close of the defendant's case the plaintiff may make a speech in reply;

(5) Where there are two or more defendants who appear separately or are separately represented, then—

(a) if none of them elects to adduce evidence, each of them shall state his case in the order in which his name appears on the record;

(b) if each of them elects to adduce evidence, each of them may open his case and the evidence on behalf of each of them shall be given in the order aforesaid and the speech of each of them closing his case shall be made in that order after the evidence on behalf of all the defendants has been given;

(c) if some of them adduce evidence and some do not, those who do shall state their case in the order aforesaid after the speech of the plaintiff in reply to the other defendants.

(6) Where the burden of proof of all the issues in the action lies on the defendant or, where there are two or more defendants and they appear separately or are separately represented, on one of the defendants, the defendant or that defendant, as the case may be, shall begin, and in that case paragraps (2), (3) and (4) shall have effect in relation to, and as between, him and the plaintiff as if for references to the plaintiff and the defendant there were substituted references to the defendant and the plaintiff respectively.

(7) Where, as between the plaintiff and any defendant, the party who would, but for this paragraph, be entitled to make the final speech raises any fresh point of law in that speech or cites in that speech any authority not previously cited, the opposing party may make a further speech in reply, but only in relation to that point of law or that authority, as the case may be.

(8) For the purposes of this rule a party shall be deemed to adduce evidence if he puts in a document whether in the course of cross-examination or otherwise.

[E.r. 7]

Inspection by judge or jury

5

(1) The judge by whom any cause or matter is tried may inspect any place or thing with respect to which any question arises in the cause or matter;

(2) Where a cause or matter is tried with a jury and the judge inspects any place or thing under paragraph (1), he may authorise the jury to inspect it also.

[E.r. 8]

Death of party before giving of judgment

6

Where a party to any action dies after the verdict or finding of the issues of fact and before judgment is given-, judgment may be given notwithstanding the death, but the foregoing provision shall not be taken as affecting the power of the judge to make an order under Order 15, rule 7(2), before giving judgment.

[E.r. 9]

Record to be kept by officer

7

The officer present in court shall at the trial or as soon as practicable thereafter, enter in a register to be kept for that purpose, the following—

(i) the record number of the action;

(ii) the date of the trial;

(iii) the name of the trial judge and whether the trial was with or without a jury;

(iv) the title of the action;

(v) the names of solicitor and counsel;

(vi) the names of any witnesses;

(vii) the questions asked of and the answers given by the jury where the trial was with a jury;

(viii) particulars of the judgment and of all orders, directions and certificates (if any);

(ix) a note of the days on which the trial was held and the time spent at trial during each clay on which the trial was held.

List of exhibits

8

(1) The proper officer shall take charge of every document or object put in as an exhibit during the trial of any action and shall mark or label every exhibit with a letter indicating the party by whom it is put in and shall number each party's exhibits consecutively.

(2) The proper officer shall cause a list to be made of all the exhibits in the action, and any party may, on payment of the prescribed fee, have an office copy of that list.

(3) The list of exhibits when completed shall be attached to the pleadings and shall form part of the record of the action.

(4) For the purpose of this rule a bundle of documents may be treated and counted as one exhibit

[E.r. 11]

Custody of exhibit after trial

9

It shall be the duty of every party to an action who has put in any exhibit to apply to the proper officer immediately after the trial for the return of the exhibit, and, so far as is practicable regard being had to the nature of the exhibit, to keep it duly marked and labelled as before, so that in the event of an appeal to the Court of Appeal or the House of Lords, he may be able to produce the exhibit so marked and labelled at the hearing of the appeal in case he is required by the Court of Appeal or the House of Lords to do so.

[E.r. 12]

Impounded documents

10

(1) Documents impounded by order of the Court shall not be delivered out of the custody of the Court except in compliance with an order made by a judge on an application made by motion:

Provided that where the Attorney General for Northern Ireland or the Director of Public Prosecutions for Northern Ireland makes a written request in that behalf, documents so impounded shall be delivered into his custody.

(2) Documents impounded by order of the Court, while in the custody of the Court, shall not be inspected except by a person authorised to do so by an order signed by a judge.

[E.r. 13]

ORDER 36 — [ TRIALS BEFORE MASTERS AND REFEREES]

Power to order trial before master or referee

1

In any cause or matter, other than a criminal proceeding by the Crown, if the question in dispute consists wholly or in part of matter of account, the Court may at any time pursuant to section 20 of the Arbitration Act (Northern Ireland) 1937[^f00041] order the whole cause or matter or any question or issue of fact arising therein to be tried, without prejudice to Orders 43 and 44, before a master or before a referee or arbitrator respectively agreed on by the parties (all of whom are hereinafter referred to as the “referee”).

[E.r. 1]

Procedure on reference

2

Where an order for the trial of any question or issue of fact is made under rule 1, unless the court otherwise orders, further consideration of the cause or matter shall stand adjourned until the receipt of the referee's report.

[E.r. 2]

Lodgment of order under rule 1

3

Every order made under rule 1 shall forthwith be lodged with the referee who shall within 14 days thereafter fix the date of the trial after consultation with the parties or their solicitors.

Report on reference

4

(1) The report made by a referee in pursuance of a reference under rule 1 shall be made to the Court and notice thereof served on the parties to the reference.

(2) The referee may in his report submit any question arising therein for the decision of the Court or make a special statement of facts from which the Court may draw such inferences as it thinks fit.

(3) On the receipt of the referee's report, the Court may—

(a) adopt the report in whole or in part;

(b) vary the report;

(d) remit the whole or any part of the question or issue originally referred to him for further consideration by him or any other referee; or

(e) decide the question or issue originally referred to him on the evidence taken before him, either with or without additional evidence.

(4) When the report of the referee has been made, an application to vary the report or remit the whole or any part of the question or issue originally referred may be made on the hearing of the Court of the further consideration of the cause or matter, after giving not less than 4 days notice thereof, and any other application with respect to the report may be made on that hearing without notice.

(5) Where on a reference under rule 1 the Court orders that the further consideration of the cause or matter in question shall not stand adjourned until the receipt of the referee's report, the order may contain directions with respect to the proceedings on the receipt of the report, and the foregoing provisions of this rule shall have effect subject to any such directions.

[E.r. 3]

Powers, etc. of referee

5

(1) Subject to any directions contained in the order referring any business to a referee—

(a) the referee shall for the purpose of disposing of any cause or matter (including any interlocutory application therein) or any other business referred to him have the same jurisdiction, powers and duties (excluding the power of committal) as a judge, exercisable or, as the case may be, to be performed as nearly as circumstances admit in the like cases, in the like manner and subject to the like limitations; and

(b) every trial and all other proceedings before a referee shall, as nearly as circumstances admit, be conducted in the like manner as the like proceedings before a judge.

(2) Without prejudice to the generality of paragraph (1), but subject to any such directions as are mentioned therein, a referee before whom any cause or matter is tried shall have the like powers as the Court with respect to claims relating to or connected with the original subject-matter of the cause or matter by any party thereto against any other person, and Order 15, rule 5(2) and Order 16 shall with any necessary modifications apply in relation to any such claim accordingly.

(3) A referee may hold any trial or any other proceeding before him at any place which appears to him to be convenient and may adjourn the proceedings from place to place as he thinks fit.

[E.r. 4]

ORDER 37 — [ DAMAGES: ASSESSMENT AFTER JUDGMENT AND ORDERS FOR PROVISIONAL DAMAGES]

Assessment of damages by a master

1

(1) Where judgment is given for damages to be assessed and no provision is made by the judgment as to how they are to be assessed, the damages shall, subject to the, provisions of these Rules, be assessed by a master and the party entitled to the benefit of the judgment may, after obtaining the necessary appointment from the master, and at least 7 days before the date of the appointment, serving notice of the appointment on the party against whom the judgment is given, proceed accordingly.

(2) Notwithstanding anything in Order 65, rule 9, a notice under this rule must be served on the party against whom the judgment is given.

(3) Without prejudice to the powers of a master of the Chancery Divison under Order 32, rule 14, the attendance of witnesses and the production of documents before the master in proceedings under this Order may be compelled by writ of subpoena, and the provisions of Order 35 shall, with the necessary adaptations, apply in relation to those proceedings as they apply in relation to proceedings at a trial.

[E.r. 1]

Certificate or judgment for amount of damages

2

Where in pursuance of this Order or otherwise damages are assessed by a master—

(a) in the Chancery Division the Master shall certify the amount of the damages and the provisions of Order 44 rules 21, 22 and 23 shall apply to the certificate;

(b) in the Queen's Bench Division the Master shall give final judgment for the amount of the damages so assessed.

[E.r. 2]

Default judgment against some but not all defendants

3

Where any such judgment as is mentioned in rule 1 is given in default of appearance or in default of defence, and the action proceeds against other defendants, the damages under the judgment shall be assessed at the trial unless the Court otherwise orders.

[E.r. 3]

Power to order assessment by master, etc.

4

(1) Where judgment is given for damages to be assessed, the Court may subject to section 62 of the Act of its own motion or, upon application by motion on notice, order—

(a) that the damages shall be assessed by a master, or

(b) that the action shall proceed to trial before a judge as respects the damages.

(2) Where the Court orders that the action shall proceed to trial, it may make such orders and give such directions as it thinks just.

[E.r. 4]

Assessment of value

5

The foregoing provisions of this Order shall apply in relation to a judgment for the value of goods to be assessed, with or without damages to be assessed, as they apply to a judgment for damages to be assessed, and references in those provisions to the assessment of damages shall be construed accordingly.

[E.r. 5]

Assessment of damages to time of assessment

6

Where damages are to be assessed (whether under this Order or otherwise) in respect of any continuing cause of action, they shall be assessed down to the time of the assessment.

[E.r. 6]

ORDER 38 — EVIDENCE

I. GENERAL RULES

General rule: Witness to be examined orally

1

Subject to the provisions of these Rules and of the Civil Evidence Act (Northern Ireland) 1971[^f00042] and any other statutory provision relating to evidence, any fact required to be proved at the trial of any action begun by writ by the evidence of witnesses shall be proved by the examination of witnesses orally and in open court.

[E.r. 1]

Evidence by affidavit

2

(1) The Court may, at or before the trial of an action begun by writ, order that the affidavit of any witness may be read at the trial if in the circumstances of the case it thinks it reasonable so to order.

(2) An order under paragraph (1) may be made on such terms as to the filing and giving of copies of the affidavits and as to the production of the deponents for cross-examination as the Court thinks fit but, subject to any such terms and to any subsequent order of the Court, the deponents shall not be subject to cross-examination and need not attend the trial for the purpose.

(3) In any cause or matter begun by originating summons, originating motion or petition, and on any application made by summons or motion , evidence may be given by affidavit unless in the case of any such cause, matter or application any provision of these Rules otherwise provides or the Court otherwise directs, but the Court may, on the application of any party, order the attendance for cross-examination of the person making any such affidavit and where, after such an order has been made, the person in question does not attend, his affidavit shall not be used as evidence without the leave of the Court.

[E.r. 2]

Evidence of particular facts

3

(1) Without prejudice to rule 2, the Court may, at or before the trial of any action, order that evidence of any particular fact shall be given at the trial in such manner as may be specified by the order.

(2) The power conferred by paragraph (1) extends in particular to ordering that evidence of any particular fact may be given at the trial—

(a) by statement on oath of information or belief, or

(b) by the production of documents or entries in books, or

(d) in the case of a fact which is or was a matter of common knowledge either generally or in a particular district, by the production of a specified newspaper which contains a statement of that fact.

[E.r. 3]

Revocation or variation of orders under rule 2 or 3

4

Any order under rule 2 or 3 (including an order made on appeal) may, on sufficient cause being shown, be revoked or varied by a subsequent order of the Court made at or before the trial.

[E.r. 6]

Evidence of finding on foreign law

5

(1) A party to any cause or matter who intends to adduce in evidence a finding or decision on a question of foreign law by virtue of section 114(4) of the Act shall, not later than 21 days before the date of trial or within such other period as the Court may specify, in accordance with section 114(5) or the Act, serve written notice that he intends to do so on each of the other parties to the proceedings or his solicitor.

(2) The notice shall specify the question on which the finding or decision was given or made and specify the document in which it is reported or recorded in citable form.

(3) In any cause or matter in which evidence may be given by affidavit, an affidavit specifying the matters contained in paragraph (2) shall constitute notice under paragraph (1) if served within the period mentioned in that paragraph.

[E.r. 7]

Application to trials of issues, references, etc.

6

The foregoing rules of this Order shall apply to trials of issues or questions of fact or law, references, inquiries and assessments of damages as they apply to the trial of actions.

[E.r. 8]

Depositions: when receivable in evidence at trial

7

(1) No deposition taken in any cause or matter shall be received in evidence at the trial of the cause or matter unless—

(a) the deposition was taken in pursuance of an order tinder Order 39, rule 1, and

(b) either the party against whom the evidence is offered consents or it is proved to the satisfaction of the Court that the deponent is dead, or beyond the jurisdiction of the Court or unable from sickness or other infirmity to attend the trial.

(2) A party intending to use any deposition in evidence at the trial of a cause or matter must, a reasonable time before the trial, give notice of his intention to do so to the other party.

(3) A deposition purporting to be signed by the person before whom it was taken shall be receivable in evidence without proof of the signature being the signature of that person.

[E.r. 9]

Court documents admissible or receivable in evidence

8

(1) Office conies of writs, records, pleadings and documents filed in the High Court shall be admissible in evidence in any cause or matter and between all parties to the same extent as the original would be admissible.

(2) Without prejudice to the provisions of any statutory provision, every document purporting to be sealed with the seal of the Supreme Court shall be received in evidence without further proof, and any document purporting to be so sealed and to be a copy of a document filed in, or issued out of, an office of the Supreme Court shall be deemed to be an office copy of that document without further proof unless the contrary is shown.

[E.r. 10]

9

A document purporting to contain the written consent of a person to act as trustee and to bear his signature verified by some other person shall be evidence of such consent.

[E.r. 11]

Evidence at trial; may be used in subsequent proceedings

10

Any evidence taken at the trial of any cause or matter may be used in any subsequent proceedings in that cause or matter.

[E.r. 12]

Order to produce document at proceeding other than trial

11

(1) At any stage in a cause or matter the Court may order any person to attend any proceedings in the cause or matter and produce any document, to be specified or described in the order, the production of which appears to the Court to be necessary for the purpose of that proceeding.

(2) No person shall be compelled by an order under paragraph (1) to produce any document at a proceeding in a cause or matter which he could not be compelled to produce at the trial of that cause or matter.

[E.r. 13]

II. WRITS OF SUBPOENA

Form and issue of writ of subpoena

12

(1) A writ of subpoena must be in Form 24, 25 or 26 in Appendix A. whichever is appropriate.

(2) Issue of a writ of subpoena takes place upon its being sealed by an officer of the appropriate office.

(3) Before a writ of subpoena is issued a praecipe for the issue of the writ must be filed in the office out of which the writ is to issue; and the praecipe must contain the name and address of the party issuing the writ, if he is acting in person, or the name or firm and business address of that party's solicitor.

[E.r. 14]

More than one name may be included in one writ of subpoena

13

The names of two or more persons may be included in one writ of subpoena ad testicandum.

[E.r. 15]

Amendment of writ of subpoena

14

Where there is a mistake in any person's name or address in a writ of subpoena, then, if the writ has not been served, the party by whom the writ was issued may have the writ re-sealed in correct form by filing a second praecipe under rule 12(5) indorsed with the words “Amended and re-sealed”.

[E.r. 16]

Service of writ of subpoena

15

A writ of subpoena must be served personally and, subject to rule 17, the service shall not be valid unless effected within 12 weeks after the date of issue of the writ.

[E.r. 17]

Duration of writ of subpoena

16

Subject to rule 17, a writ of subpoena continues to have effect until the conclusion of the trial at which the attendance of the witness is required.

[E.r. 18]

Writ of subpoena in aid of inferior court or tribunal

17

(1) The office of the Supreme Court out of which a writ of subpoena ad testificandum or a writ of subpoena duces tecum in aid of an inferior court or tribunal may be issued is the Crown Office, and no order of the Court for the issue of such a writ is necessary.

(2) A writ of subpoena in aid of an inferior court or tribunal continues to have effect until the disposal of the proceedings before that court or tribunal at which the attendance of the witness is required.

(3) A writ of subpoena issued in aid of an inferior court or tribunal must be served personally.

(4) Unless a writ of subpoena issued in aid of an inferior court or tribunal is duly served on the person to whom it is directed not less than 4 days, or such other period as the Court may fix, before the day on which the attendance of that person before the court or tribunal is required by the writ, that person shall not be liable to any penalty or process for failing to obey the writ.

(5) An application to set aside a writ of subpoena issued in aid of an inferior court or tribunal may be heard by the Master (Queen's Bench and Appeals).

[E.r. 19]

[ III. HEARSAY EVIDENCE ADMISSIBLE UNDER THE CIVIL EVIDENCE (NORTHERN IRELAND) ORDER 1997

Interpretation and application

18

(1) In this Part of this Order “the Civil Evidence Act” means the Civil Evidence Act (Northern Ireland) 1971.

(2) Any expressions used in this Part of this Order and in Part I of the Civil Evidency Act have the same meanings in this Part of this Order as they have in the said Part I.

(3) This Part of this Order shall apply in relation to the trial or hearing of an issue or question arising in a cause or matter, and to a reference, inquiry and assessment of damages, as it applies in relation to the trial or hearing of a cause or matter.

[E.r. 20]

Notice of intention to give in evidence statement under section 1 or 2 of the Civil Evidence Act

19

(1) Subject to the provisions of this rule, a party to a cause or matter who desires to give in evidence at the trial or hearing of the cause or matter any statement contained in a document which is admissible in evidence by virtue of section 1 or 2 of the Civil Evidence Act must not later than 21 days before the date of trial serve on every other party to the cause or matter notice of his desire to do so, and the notice must comply with the provisions of rule 20 or 21, as the circumstances of the case require.

(2) Paragraph (1) shall not apply in relation to any statement contained in a document which any party to a probate action desires to give in evidence at the trial of that action and which is alleged to have been made by the deceased person whose estate is the subject of the action.

(3) Where by virtue of any provision of these rules or of any order or direction of the Court the evidence in any proceedings is to be given by affidavit then paragraph (1) shall not apply in relation to any statement contained in a document which any party to the proceedings desires to have included in any affidavit to be used on his behalf in the proceedings but nothing in this paragraph shall affect the operation of Order 41, rule 5, or the powers of the Court under this Order.

(4) Unless the Court otherwise directs, paragraph 0) shall not apply in relation to any statement contained in a document which is admissible by virtue of section 1 or 2 of the Civil Evidence Act and which an applicant for judgment in default of appearance in admiralty proceedings under Order 75, rule 21, desires to give in evidence at the hearing.

[E.r. 21]

Statement admissible by virtue of section 1 of the Civil Evidence Act: contents of notice

20

(1) If the statement contained in a document is admissable by virtue of section 1 of the Civil Evidence Act, the notice must have annexed to it a copy or transcript of the document containing the statement, or of the relevant part thereof, and must contain—

(a) particulars of—

(i) the person by whom the record containing the statement was compiled;

(ii) the person who originally supplied information from which the record was compiled; and

(iii) any other person through whom that information was supplied to the compiler of that record;

and, in the case of any such person as is referred to in (i) or (iii) above, a description of the duty under which that person was acting when compiling that record or supplying information from which that record was compiled, as the case may be;

(b) if not apparent on the face of the document annexed to the notice, a description of the nature of the record which, or part of which, contains the statement; and

(2) If the party giving the notice alleges that any person, particulars of whom are contained in the notice, cannot or should not be called as a witness at the trial or hearing for any of the reasons specified in rule 22, the notice must contain a statement to that effect specifying the reason relied on.

[E.r. 23]

Statement admissible by virtue of section 2 of the Civil Evidence Act: contents of notice

21

(1) If the statement is contained in a document produced by a computer and is admissible by virtue of section 2 of the Civil Evidence Act, the notice must have annexed to it a copy or transcript of the document containing the statement, or of the relevant part thereof, and must contain particulars of—

(a) a person who occupied a responsible position in relation to the management of the relevant activities for the purpose of which the computer was used regularly during the material period to store or process information;

(b) a person who at the material time occupied such a position in relation to the supply of information to the computer, being information which is reproduced in the statement or information from which the information contained in the statement is derived;

and where there are two or more persons who fall within any of the foregoing sub-paragraphs and some only of those persons are at the date of service of the notice capable of being called as witnesses at the trial or hearing, the person particulars of whom are to be contained in the notice must be such one of those persons as is at that date so capable.

(2) The notice must also state whether the computer was operating properly throughout the material period and, if not, whether any respect in which it was not operating properly or was out of operation during any part of that period was such as to affect the production of the document in which the statement is contained or the accuracy of its contents.

(3) If the party giving the notice alleges that any person, particulars of whom are contained in the notice, cannot or should not be called as a witness at the trial or hearing for any of the reasons specified in rule 22, the notice must contain a statement to that effect specifying the reason relied on.

[E.r. 24]

Reasons for not calling a person as a witness

22

The reasons referred to in rules 20(2) and 21(3) are that the person in question is dead, or beyond the seas, or unfit by reason of his bodily or mental condition to attend as a witness or that despite the exercise of reasonable diligence it has not been possible to identify or find him or that he cannot reasonably be expected to have any recollection of matters relevant to the accuracy or otherwise of the statement to which the notice relates.

[E.r. 25]

Counter-notice requiring person to be called as a witness

23

(1) Subject to paragraphs (2) and (3), any party to a cause or matter on whom a notice under rule 19 is served may within 21 days after service of the notice on him serve on the party who gave the notice a counter-notice requiring that party to call as a witness at the trial or hearing of the cause or matter any person (naming him) particulars of whom are contained in the notice.

(2) Where any notice under rule 19 contains a statement that any person particulars of whom are contained in the notice cannot or should not be called as a witness for the reason specified therein, a party shall not be entitled to serve a counter-notice under this rule requiring that person to be called as a witness at the trial or hearing of the cause or matter unless he contends that that person can or, as the case may be, should be called, and in that case he must include in his counter-notice a statement to that effect.

(3) Where a statement to which a notice under rule 19 relates is one to which rule 25 applies, no party on whom the notice is served shall be entitled to serve a counter-notice under this rule in relation to that statement, but the foregoing provision is without prejudice to the right of any party to apply to the Court under rule 25 for directions with respect to the admissibility of that statement.

(4) If any party to a cause or matter by whom a notice under rule 19 is served fails to comply with a counter-notice duly served on him under this rule, then, unless any of the reasons specified in rule 22 applies in relation to the person named in the counter-notice, and without prejudice to the powers of the Court under rule 26, the statement to which the notice under rule 19 relates shall not be admissable at the trial or hearing of the cause or matter as evidence of any fact stated therein by virtue of section 1 or 2 of the Civil Evidence Act, as the case may be.

[E.r. 26]

Determination of question whether a person can or should be called as a witness

24

(1) Where in any cause or matter a question arises whether any of the reasons specified in rule 22 applies in relation to a person particulars of whom are contained in a notice under rule 19, the Court may, on the application by summons of any party to the cause or matter, determine that question before the trial or hearing of the cause or matter or give directions for it to be determined before the trial or hearing and for the manner in which it is to be so determined.

(2) Unless the Court otherwise directs, the summons by which an application under paragraph (1) is made must be served by the party making the application on every other party to the cause or matter.

(3) Where any such question as is referred to in paragraph (1) has been determined under or by virtue of that paragraph, no application to have it determined afresh at the trial or hearing of the cause or matter may be made unless the evidence which it is sought to adduce in support of the application could not with reasonable diligence have been adduced at the hearing which resulted in the determination.

[E.r. 27]

Directions with respect to statement made in previous proceedings

25

Where a party to a cause or matter has given notice in accordance with rule 19 that he desires to give in evidence at the trial or hearing of the cause or matter a statement falling within section 1(1) of the Civil Evidence Act which is contained in a record of direct oral evidence given in some other legal proceedings (whether civil or criminal), any party to the cause or matter may apply to the Court for directions under this rule, and the Court hearing such an application may give directions as to whether, and if so on what conditions, the party desiring to give the statement in evidence will be permitted to do so and (where applicable) as to the manner in which that statement and any other evidence given in those other proceedings is to be proved.

[E.r. 28]

Power of Court to allow statement to be given in evidence

26

(1) Without prejudice to section 1(2)(a) of the Civil Evidence Act and rule 25, the Court may, if it thinks just to do so, allow a statement falling within section 1(1) or 2(1) of the Civil Evidence Act to be given in evidence at the trial or hearing of a cause or matter notwithstanding—

(a) that the statement is one in relation to which rule 19(1) applies and that the party desiring to give the statement in evidence has failed to comply with that rule, or

(b) that that party has failed to comply with any requirement of a counter-notice relating to that statement which was served on him in accordance with rule 23.

(2) Without prejudice to the generality of paragraph (1), the Court may exercise its powers under that paragraph to allow a statement to be given in evidence at the trial or hearing of a cause or matter if a refusal to exercise that power might oblige the party desiring to give the statement in evidence to call as a witness at the trial or hearing an opposite party or a person who is or was at the material time the servant or agent of an opposite party.

[E.r. 29]

Restriction on adducing evidence as to credibility of supplier of information, etc.

27

Where—

(a) notice given under rule 19 in a cause or matter relates to a statement which is admissable by virtue of section 1 of the Civil Evidence Act, and

(b) the person who originally supplied the information from which the record containing the statement was compiled, is not called as a witness at the trial or hearing of the cause or matter, and

(c) none of the reasons mentioned in rule 22 applies so as to prevent the party who gave the notice from calling that person as a witness,

no other party to the cause or matter shall be entitled except with the leave of the Court, to adduce in relation to that person any evidence which could otherwise be adduced by him by virtue of section 4 of the Civil Evidence Act unless he gave a counter-notice under rule 23 in respect of that person or applied under rule 23 for a direction that that person be called as a witness at the trial or hearing of the cause or matter.

[E.r. 30]

Notice required of intention to give evidence of certain inconsistent statements

28

(1) Where a person, particulars of whom were contained in a notice given under rule 19 in a cause or matter, is not to be called as a witness at the trial or hearing of the cause or matter, any party to the cause or matter who is entitled and intends to adduce in relation to that person any evidence which is admissible for the purpose mentioned is section 4(1)(b) of the Civil Evidence Act must, not more than 21 days after service of that notice on him, serve on the party who gave that notice, notice of his intention to do so.

(2) If the statement sought to be adduced was made otherwise than in a document, the notice must contain particulars of—

(a) the time, place and circumstances at or in which the statement was made;

(b) the person by whom, and the person to whom the statement was made; and

(3) If the statement sought to be adduced was made in a document, a copy or transcript of the document, or of the relevant part thereof, must be annexed to the notice and the notice must contain such (if any) of the particulars mentioned in paragraph 2(a) and (b) as are not apparent on the face of the document or part.

(4) The Court may, if it thinks it just to do so, allow a party to give in evidence at the trial or hearing of a cause or matter any evidence which is admissible for the purpose mentioned in the said section 4(1)(b) notwithstanding that that party has failed to comply with the provisions of paragraph (1).

[E.r. 31]

Costs

29

If—

(a) a party to a cause or matter serves a counter-notice under rule 23 in respect of any person who is called as a witness at the trial of the cause or matter in compliance with a requirement of the counter-notice, and

(b) it appears to the Court that it was unreasonable to require that person to be called as a witness,

then, without prejudice to Order 62, rule 14, the Court may direct that any costs to that party in respect of the preparation and service of the counter-notice shall not be allowed to him and that any costs occasioned by the counter-notice to any other party shall be paid by him to that other party.

[E.r. 32]

ORDER 39 — EVIDENCE BY DEPOSITION

Power to order depositions to be taken

1

(1) The Court may, in any cause or matter where it appears necessary for the purposes of justice, make an order for the examination on oath before a judge, an officer of the Court or some other person, at any place, of any person.

(2) An order under paragraph (1) may be made on such terms (including, in particular, terms as to the giving of discovery before the examination takes place) as the Court thinks fit.

[E.r. 1]

Where person to be examined is out of the jurisdiction

2

(1) Where the person in relation to whom an order under rule 1 is required is out of the jurisdiction, an application may be made—

(a) for an order under that rule for the issue of a letter of request to the judicial authorities of the country in which that person is to take, or cause to be taken, the evidence of that person, or

(b) if the government of that country allows a person in that country to be examined before a person appointed by the Court, for an order under that rule appointing a special examiner to take the evidence of that person in that country.

(2) An application may be made for the appointment as special examiner of a British consul in the country in which the evidence is to be taken or his deputy—

(a) if there subsists with respect to that country a Civil Procedure Convention providing for the taking of the evidence of any person in that country for the assistance of proceedings in the High Court, or

(b) with the consent of the Secretary of State.

[E.r. 2]

Order for issue of letter of request

3

(1) Where an order is made under rule 1 for the issue of a letter of request to the judicial authorities of a country to take, or cause to be taken, the evidence of any person in that country the following provisions of this rule shall apply.

(2) The party obtaining the order must prepare the letter of request and lodge it in the Central Office.

(3) If the evidence of the person to be examined is to be obtained by means of written questions, there must be lodged with the letter of request a copy of the interrogatories and cross-interrogatories to be put to him on examination.

(4) Each document lodged under paragraph (2) or (3) must be accompanied by a translation of the document in the official language of the country in which the examination is to be taken or, if there is more than one official language of that country, in any one of those languages which is appropriate to the place in that country where the examination is to be taken, unless—

(a) the master has given a general direction in relation to that country that no translation need be provided, or

(b) the official language or one of the official languages of that country is English.

(5) Every translation lodged under paragraph (4) must be certified by the person making it to be a correct translation; and the certificate must contain a statement of that person's full name, of his address and of his qualifications for making the translation.

(6) The party obtaining the order must, when he lodges in the Central Office the documents mentioned in paragraphs (2) to (5), also file in that office an undertaking signed by him or his solicitor to be responsible personally for all expenses incurred by the Secretary of State in respect of the letter of request and, on receiving due notification of the amount of those expenses, to pay that amount to the Finance Officer of the office of the Secretary of State and to produce a receipt for the payment to the proper officer of the High Court.

[E.r. 3]

Enforcing attendance of witness at examination

4

Where an order has been made under rule 1—

(a) for the examination of any person before an officer of the Court or some other person (in this rule and rules 5 to 14 referred to as “the examiner”), or

(b) for the cross-examination before the examiner of any person who has made an affidavit which is to be used in any cause or matter,

the attendance of that person before the examiner and the production by him of any document at the examination may be enforced by writ of subpoena in like manner as the attendance of a witness and the production by a witness of a document at a trial may be enforced.

[E.r. 4]

Refusal of witness to attend, be sworn, etc.

5

(1) If any person, having been duly summoned by writ of subpoena to attend before the examiner, refuses or fails to attend or refuses to be sworn for the purpose of the examination or to answer any lawful question or produce any document therein, a certificate of his refusal or failure, signed by the examiner, must be filed in the Central Office, and upon the filing of the certificate the party by whom the attendance of that person was required may apply to the Court for an order requiring that person to attend, or to be sworn, or to answer any question or produce any document, as the case may be.

(2) An application for an order under this rule may be made ex parte.

(3) If the Court makes an order under this rule it may order the person against whom the order is made to pay any costs occasioned by his refusal or failure.

(4) A person who wilfully disobeys any order made against him under paragraph (1) is guilty of contempt of court.

[E.r. 5]

Appointment of time and place for examination

6

(1) The examiner must give the party on whose application the order for examination was made a notice appointing the place and time at which, subject to any application by the parties, the examination shall be taken, and such time shall, having regard to the convenience of the persons to be examined and all the circumstances of the case, be as soon as practicable after the making of the order.

(2) The party to whom a notice under paragraph (1) is given must, on receiving it, forthwith give notice of the appointment to all the other parties.

[E.r. 6]

Examiner to have certain documents

7

The party on whose application the order for examination before the examiner was made must furnish the examiner with copies of such of the documents in the cause or matter as are necessary to inform the examiner of the questions at issue in the cause or matter.

[E.r. 7]

Conduct of examination

8

(1) Subject to any directions contained in the order for examination—

(a) any person ordered to be examined before the examiner may be cross-examined and re-examined, and

(b) the examination, cross-examination and re-examination of persons before the examiner shall be conducted m like manner as at the trial of a cause or matter.

(2) The examiner may put any question to any person examined before him as to the meaning of any answer made by that person or as to any matter arising in the course of the examination.

(3) The examiner may, if necessary, adjourn the examination-from time to time.

[E.r. 8]

Examination of additional witnesses

9

The examiner may, with the written consent of all the parties to the cause or matter, take the examination of any person in addition to those named or provided for in the order for examination, and must annex such consent to the original deposition of that person.

[E.r. 9]

Objections to questions

10

(1) If any person being examined before the examiner objects to answer any question put to him, or if objection is taken to any such question, that question, the ground for the objection and the answer to any such question to which objection is taken must be set out in the deposition of that person or in a statement annexed thereto.

(2) The validity of the ground for objecting to answer any such question or for objecting to any such question shall be decided by the Court and not by the examiner, but the examiner must state to the parties his opinion thereon, and the statement of his opinion must be set out in the deposition or in a statement annexed thereto.

(3) If the court decides against the person taking the objection it may order him to pay the costs occasioned by his objection.

[E.r. 10]

Taking of depositions

11

(1) The deposition of any person examined before the examiner must be taken down by the examiner or a shorthand writer or some other person in the presence of the examiner but, subject to paragraph (2) and rule 10(1) the deposition need not set out every question and answer so long as it contains as nearly as may be the statement of the person examined.

(2) The examiner may direct the exact words of any particular question and the answer thereto to be set out in the deposition if that question and answer appear to him to have special importance.

(3) The deposition of any person shall be read to him, and he shall be asked to sign it, in the presence of such of the parties as may attend, but the parties may agree in writing to dispense with the foregoing provision.

If a person refuses to sign a deposition when asked under this paragraph to do so, the examiner must sign the deposition.

(4) The original deposition of any person, authenticated by the signature of the examiner before whom it was taken, must be sent by the examiner to the Central Office and shall be filed therein.

[E.r. 11]

Time taken by examination to be indorsed on depositions

12

Before sending any deposition to the Central Office under rule 11(4), the examiner must indorse on the deposition a statement signed by him of the time occupied in taking the examination and the fees received in respect thereof.

[E.r. 12]

Special report by examiner

13

The examiner may make a special report to the Court with regard to any examination taken before him and with regard to the absence or conduct of any person thereat, and the Court may direct such proceedings to be taken, or make such order, on the report as it thinks fit.

[E.r. 13]

Order for payment of examiner's fees

14

(1) If the fees and expenses due to an examiner are not paid he may report that fact to the Court, and the Court may direct the official solicitor to apply for an order against the party on whose application the order for examination was made to pay the examiner the fees and expenses due to him in respect of the examination.

(2) An order under this rule shall not prejudice any determination on the taxation of costs or otherwise as to the party by whom the costs of the examination are ultimately to be borne.

[E.r. 14]

Perpetuation of testimony

15

(1) Witnesses shall not be examined to perpetuate testimony unless an action has been begun for the purpose.

(2) Any person who would under the circumstances alleged by him to exist become entitled, upon the happening of any future event, to any honour, title, dignity or office, or to any estate or interest in any real or personal property, the right or claim to which cannot be brought to trial by him before the happening of such event, may begin an action to perpetuate any testimony which may be material for establishing such right or claim.

(3) No action to perpetuate the testimony of witnesses shall be set down for trial.

[E.r. 15]

[ ORDER 40 — COURT EXPERT

[No Order made]

ORDER 41 — AFFIDAVITS

Form of affidavit

1

(1) Subject to paragraphs (2) and (3), every affidavit sworn in a cause or matter must be entitled in that cause or matter.

(2) Where a cause or matter is entitled in more than one matter, it shall be sufficient to state the first matter followed by the words “and other matters”, and where a cause or matter is entitled in a matter or matters and between parties, that part of the title which consists of the matter or matters may be omitted.

(3) Where there are more plaintiffs than one, it shall be sufficient to state the full name of the first followed by the words “and others”, and similarly with respect to defendants.

(4) Every affidavit must be expressed in the first person and must state the place of residence of the deponent and his occupation or, if he has none, his description, and if he is, or is employed by, a party to the cause or matter in which the affidavit is sworn, the affidavit must state that fact.

(5) Every affidavit must be in book form, following continuously from page to page, both sides of the paper being used.

(6) Every affidavit must be divided into paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct portion of the subject.

(7) Dates, sums and other numbers must be expressed in an affidavit in figures and not in words.

(8) Every affidavit must be signed by the deponent and the jurat must be completed and signed by the person before whom it is sworn.

(9) An affidavit sworn for the purposes of any proceedings may be filed with the writ, originating summons, originating motion or petition by which the proceedings are begun and when so filed the affidavit shall be marked with the record number of the proceedings.

[E.r. 1]

Affidavit by two or more deponents

2

Where an affidavit is made by two or more deponents, the names of the persons making the affidavit must be inserted in the jurat except that, if the affidavit is sworn by both or all the deponents at one time before the same person, it shall be sufficient to state that it was sworn by both (or all) of the “above named” deponents.

[E.r. 2]

3

Where it appears to the person administering the oath that the deponent is illiterate or blind, he must certify in the jurat that—

(a) the affidavit was read in his presence to the deponent,

(b) the deponent seemed perfectly to understand it, and

and the affidavit shall not be used in evidence without such a certificate unless the Court is otherwise satisfied that it was read to and appeared to be perfectly understood by the deponent.

[E.r 3]

Use of defective affidavit

4

An affidavit may, with the leave of the Court, be filed or used in evidence notwithstanding any irregularity in the form thereof.

[E.r. 4]

Contents of affidavit

5

(1) Subject to Order 14, rules 2(3) and 4(2); to Order 86, rule 2(1), to paragraph (2) of this rule and to any order made under Order 38, rule 3 an affidavit may contain only such facts as the deponent is able of his own knowledge to prove.

(2) An affidavit sworn for the purpose of being used in interlocutory proceedings may contain statements of information or belief with the sources and grounds thereof.

[E.r. 5]

Scandalous, etc., matter in affidavit

6

The Court may order to be struck out of any affidavit any matter which is scandalous, irrelevant or otherwise oppressive.

[E.r. 6]

Alterations in affidavits

7

(1) An affidavit which has in the jurat or body thereof any interlineation, erasure or other alteration shall not be filed or used in any proceeding without the leave of the Court unless the person before whom the affidavit was sworn has initialled the alteration and, in the case of an erasure, has re-written in the margin of the affidavit any words or figures written on the erasure and has signed or initialled them.

(2) Where an affidavit is sworn at any office of the Supreme Court, the official stamp of that office may be substituted for the signature or initials required by this rule.

[E.r. 7]

Affidavit not to be sworn before solicitor of party, etc.

8

Without prejudice to Article 78(2) of the Solicitors (Northern Ireland) Order 1976[^f00043], no affidavit shall be sufficient if sworn before the solicitor of the party on whose behalf the affidavit is to be used or before any agent, partner or employee of that solicitor.

[E.r. 8]

Filing of affidavits

9

(1) Every affidavit must be filed in the appropriate office.

(2) Every affidavit must be indorsed with a note showing on whose behalf it is filed, and an affidavit which is not so indorsed may not be filed or used without the leave of the Court.

[E.r. 9]

Use of original affidavit or office copy

10

(1) An original affidavit may be used in any proceedings notwithstanding that it has not been filed in accordance with rule 9.

(2) Where an original affidavit is used then, unless the party whose affidavit it is undertakes to file it, he must immediately after it is used leave it with the proper officer in court or in chambers, as the case may be, and that officer shall send it to be filed.

(3) Where an affidavit has been filed, an office copy thereof may be used in any proceedings.

[E.r. 10]

Document to be used in conjunction with affidavit to be exhibited to it

11

(1) Any document to be used in conjunction with an affidavit must be exhibited, and not annexed, to the affidavit.

(2) Any exhibit to an affidavit must be identified by a certificate of the person before whom the affidavit is sworn.

The certificate must be entitled in the same manner as the affidavit and rule 1(1), (2) and (3) shall apply accordingly.

(3) Every exhibit referred to in an affidavit or a statement of fact shall be marked or labelled with the initials of the deponent followed by a number.

[E.r. 11]

Masters and certain clerks may administer oaths, etc.

12

(1) The following officers, namely, masters and any clerk in the Supreme Court of a grade not lower than that of deputy principal shall have authority to administer oaths and take affidavits for the purpose of proceedings in the Supreme Court.

(2) For the purposes of this rule “master” includes Master (Taxing Office).

Affidavit taken in Commonwealth country admissible without proof of seal, etc.

13

A document purporting to have affixed or impressed thereon or subscribed thereto the seal or signature of a court, judge, notary public or person having authority to administer oaths in a part of the Commonwealth outside Northern Ireland in testimony of an affidavit being taken before it or him in that part shall be admitted in evidence without proof of the seal or signature being the seal or signature of that court, judge, notary public or person.

[E.r. 12]

Notice of affidavit

14

(1) A party filing an affidavit intended to be used by him in any proceedings must give to every other party either a copy of the affidavit or notice of the filing.

(2) A party intending to use in any proceedings an affidavit filed by him in previous proceedings must give to every other party notice of his intention to do so.

(3) Any party intending to use an original affidavit in any proceedings, pursuant to rule 10, must give a copy of that affidavit to every other party.

ORDER 42 — JUDGMENTS

Interpretation

1

In this Order “judgment” includes order, decision or direction.

Drawing up judgments

2

(1) Every judgment shall—

(a) subject to rules 3 and 7(1), be drawn up and signed by an officer of the appropriate office; and

(b) be sealed and filed by an officer of that office and such officer shall at the time of filing enter such judgment in the book kept for the purpose and the date of filing shall be deemed to be the date of such entry.

(2) Where a judgment is filed in the Central Office, the Chancery Office, the Probate and Matrimonial Office or the Office of Care and Protection (other than a judgment in proceedings under the Lunacy Regulation (Ireland) Act 1871[^f00044]) the proper officer shall at the time of filing make a note in the cause book that a judgment has been filed in the cause or matter.

(3) Where a judgment is given by a judge a note of the judgment shall be made by the officer present at the time it was given.

(4) Where a form of judgment is prescribed and set out in Appendix A the judgment must be as nearly as possible in that form.

Judgments required to be drawn up

3

(1) Subject to paragraph (2), every judgment of the Court shall be drawn up unless the Court otherwise directs.

(2) An order—

(a) which—

(i) extends the period within which a person is required or authorised by these Rules, or by any judgment, to do any act, or

(ii) grants leave for the doing of any of the acts mentioned in paragraph (3), and

(b) which neither imposes any special terms nor includes any special directions other than a direction as to costs,

need not be drawn up unless the Court otherwise directs.

(3) The acts referred to in paragraph (2)(a)(ii) are—

(a) the issue of any writ, other than a writ for service out of the jurisdiction;

(b) the amendment of a writ of summons or other originating process or a pleading;

(d) any act to be done by an officer of the Court other than a solicitor.

[E.r. 4]

Judgment requiring act to be done: time for doing it

4

(1) Subject to paragraph (2), a judgment which requires a person to do an act must specify the time after service of the judgment, or some other time, within which the act is to be done.

(2) Where the act which any person is required by any judgment to do is to pay money to some other person, give possession of any land or deliver any goods, a time within which the act is to be done need not be specified in the judgment by virtue of paragraph (1), but the foregoing provision shall not affect the power of the Court to specify such a time and to adjudge or order accordingly.

[E.r. 2]

Judgment requiring act to be done: order fixing time for doing it

5

(1) Notwithstanding that a judgment which requires a person to do an act specifies a time within which the act is to be done, the Court shall, without prejudice to Order 3, rule 5, have power to make an order requiring the act to be done within another time, being such time after service of that order, or such other time, as may be specified therein.

(2) Where, notwithstanding rule 4(1), or by reason of rule 4(2), a judgment requiring a person to do an act does not specify a time within which the act is to be done, the Court shall have power subsequently to make an order requiring the act to be done within such time after service of that order, or such other time as may be specified therein.

(3) An application for an order under this rule must be made by summons and the summons must be served on the person required to do the act in question.

Judgment in favour of reversioner for detention of goods

6

(1) Where a claim relating to the detention of goods is made by a partial owner whose right of action is not founded on a possessory title, any judgment given in respect of the claim shall, notwithstanding anything in section 3(3) of the Torts (Interference with Goods) Act 1977[^f00045], be for the payment of damages only.

In this paragraph “partial owner” means one or two or more persons having interest in the goods, unless he has the written authority of every other such person to sue on the latter's behalf.

(2) This rule is without prejudice to the remedies and jurisdiction mentioned in section 3(8) of the said Act of 1977.

[E.r. 1A]

Judgment in default of appearance or defence

7

(1) A party entitled to judgment in default of appearance or defence may obtain judgment by producing the following documents to an officer of the Central Office—

(a) the original writ by which the proceedings were begun;

(b) the affidavit of service, or certificate of no defence delivered, as the case may be;

(d) a judgment drawn up by the party.

(2) Where the provisions of any statutory provision or these Rules enable a party to any proceedings to obtain judgment on the production of any documents, the officer of the Central Office shall not sign any such judgment until the documents which the party is required to produce are produced and the officer is satisfied that they are in order.

Date from which judgment takes effect

8

(1) A judgment of the Court takes effect from the day of its date.

(2) Such a judgment shall be dated as of the day on which it is given, unless the Court orders it to be dated as of some other earlier or later day, in which case it shall be dated as of that other day;

[E.r. 3]

Interest on judgment debts

9

(1) Every judgment for the payment of money shall carry interest at the rate specified in the judgment from the time the judgment was given or from such other time as the Court may direct.

(2) Subject to any statutory provision, where the rate of interest to be paid is not specified in the judgment, interest shall be payable at the rate of 15 per cent per annum.

(3) Where an order charging land under section 46 of the Judgments Enforcement (Northern Ireland) Act 1969[^f00046] or a charging order on funds, stock or shares under section 58 of the said Act provides for the payment of interest, such interest shall be payable at the rate of 15 per cent per annum and shall be payable for the period during which the charge is subsisting.

Copies of judgments

10

Before a copy of a judgment is issued it must be sealed and stamped “copy” and there must be noted thereon the number of the judgment and the date of filing.

ORDER 43 — ACCOUNTS AND INQUIRIES

Summary order for account

1

(1) Where a writ is indorsed with a claim for an account or a claim which necessarily involves taking an account, the plaintiff may, at any time after the defendant has entered an appearance or after the time limited for appearing, apply for an order under this rule.

(2) An application under this rule must be made by summons and, if the Court so directs, must be supported by affidavit or other evidence.

(3) On the hearing of the application, the Court may, unless satisfied by the defendant by affidavit or otherwise that there is some preliminary question to be tried, order that an account be taken and may also order that any amount certified on taking the account to be due to either party be paid to him within a time specified in the order.

[E.r. 1]

Court may direct taking of accounts etc.

2

(1) The Court may, on an application made by summons at any stage of the proceedings in a cause or matter, direct any necessary accounts or inquiries to be taken or made.

(2) Every direction for the taking of an account or the making of an inquiry shall be numbered in the judgment or order so that, as far as may be, each distinct account and inquiry may be designated by a number.

[E.r. 2]

Directions as to manner of taking account

3

(1) Where the Court orders an account to be taken it may by the same or a subsequent order give directions with regard to the manner in which the account is to be taken or vouched.

(2) Without prejudice to the generality of paragraph (1), the Court may direct that in taking the account the relevant books of account shall be evidence of the matters contained therein with liberty to the parties interested to take such objections thereto as they think fit.

[E.r. 3]

Account to be made, verified etc.

4

(1) Where an account has been ordered to be taken, the accounting party must make out his account and, unless the Court otherwise directs, verify it by an affidavit to which the account must be exhibited.

(2) The items on each side of the account must be numbered consecutively.

(3) Unless the order for the taking of the account otherwise directs, the accounting party must lodge the account with the Court and must at the same time notify the other parties that he has done so and of the filing of any affidavit verifying the account and of any supporting affidavit.

[E.r. 4]

Notice to be given of alleged omissions etc. in account

5

Any party who seeks to charge an accounting party with an amount beyond that which he has by his account admitted to have received or who alleges that any item in his account is erroneous in respect of amount or in any other respect must give him notice thereof stating, so far as he is able, the amount sought to be charged with brief particulars thereof or, as the case may be, the grounds for alleging that the item is erroneous.

[E.r. 5]

Allowances

6

In taking any account directed by any judgment or order all just allowances shall be made without any direction to that effect.

[E.r. 6]

Delay in prosecution of accounts, etc.

7

(1) If it appears to the Court that there is undue delay in the prosecution of any accounts or inquiries, or in any other proceedings under any judgment or order, the Court may require the party having the conduct of the proceedings or any other party to explain the delay and may then make such order for staying the proceedings or for expediting them or for the conduct thereof and for costs as the circumstances require.

(2) The Court may direct any party or the Official Solicitor to take over the conduct of the proceedings in question and to carry out any directions made by an order under this rule and may make such order as it thinks fit as to the payment of the Official Solicitor's costs.

[E.r. 7]

Distribution of fund before all persons entitled are ascertained

8

Where some of the persons entitled to share in a fund are ascertained, and difficulty or delay has occurred or is likely to occur in ascertaining the other persons so entitled, the Court may order or allow immediate payment of their shares to the persons ascertained without reserving any part of those shares to meet the subsequent costs of ascertaining those other persons.

[E.r. 8]

Guardian's accounts

9

The accounts of a person appointed guardian of a minor's estate must be verified and passed in the same manner as that provided by Order 30 in relation to a receiver's account or in such other manner as the Court may direct.

[E.r. 9]

ORDER 44 — PROCEEDINGS UNDER JUDGMENTS AND ORDERS: CHANCERY DIVISION

Application to proceedings under an order

1

This Order shall, with the necessary modifications, apply in relation to proceedings under an order as it applies in relation to proceedings under a judgment and, accordingly, references therein to a judgment shall be construed as including references to an order.

[E.r. 1]

Documents to be left at Chancery Office: summons to proceed

2

(1) Where in order to carry out any directions contained in a judgment given in a cause or matter in the Chancery Division it is necessary to proceed in chambers under the judgment, the party entitled to prosecute the judgment must, within 10 days after entry of the Judgment, leave a copy of it at the Chancery Office with a certificate that it is a true copy of the judgment as entered.

(2) If the party entitled to prosecute the judgment fails to comply with paragraph (1), any other party to the cause or matter may leave a copy of the judgment, with the certificate referred to in that paragraph, at the Chancery Office, and, unless the Court otherwise directs, he shall thereupon become entitled to prosecute the judgment.

(3) Upon leaving a copy of the judgment at the Chancery Office the party entitled to prosecute the judgment must take out a summons to proceed under the judgment.

[E.r. 2]

Service of notice of judgment on person not a party

3

(1) Where in an action for—

(a) the administration of the estate of a deceased person, or

(b) the execution of a trust, or

the Court gives a judgment which affects the rights or interests of persons not parties to the action or directs any account to be taken or inquiry made, the Court may when giving the judgment or at any stage of the proceedings under the judgment direct notice of the judgment to be served on any person interested in the estate or under the trust or in the property, as the case may be; and any person duly served with notice of a judgment in accordance with this rule shall, subject to paragraph (5), be bound by the judgment to the same extent as he would have been if he had originally been made a party to the action.

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