Rule 10 Judgment in default of notice of intention to defend

Northern Ireland

(1)

A party entitled to judgment in default of service of a notice of intention to defend may enter judgment by lodging with the chief clerk the following documents—

(a)

the original civil bill by which the proceedings were commenced;

(b)

an affidavit of service or production of a copy of the civil bill endorsed by the defendant’s solicitor with a statement that he accepts service of the civil bill on the defendant’s behalf;

(c)

a certificate that a notice of intention to defend those proceedings in Form 42 was not received by him within 21 days after service of the Civil bill;

(d)

any affidavit or certificate filed under Rule 1(3) or 4(1) to (4); and

(e)

a decree drawn up by the party.

(2)

Where this Order enables a party to any proceedings to enter judgment on the production of any documents, the chief clerk shall not enter judgment by signing the decree until the documents which the party is required to produce are produced and the chief clerk is satisfied that they are in order.

Notes on Part [ ORDER 12

Footnotes

f1: Order 12 substituted by S.R. 1995 No. 151 with effect from 1.9.95