OpenLegislation

Rule 8 Lodgment of documents in and entry of remitted actions

Northern Ireland

(1)

Where under the provisions of any enactment an action is ordered by the High Court to be heard, or remitted by the High Court for hearing in a county court, the plaintiff shall lodge the original writ of summons or other originating process [f1 and all other pleadings] with the chief clerk F1....

[(2)

f2 The original writ of summons or other originating process and all other pleadings shall be lodged with the chief clerk in accordance with paragraph (1) within 14 days from the date of the order for remittal.]

[f3 . . .]

(6)

Before lodging the writ of summons or other originating process in accordance with this Rule, the plaintiff shall ascertain that the chief clerk has received a copy of the order of remittal and all documents filed in the proceedings in the High Court in accordance with [f4 Rule 8] of Order 78 of the Rules of the Court of Supreme Court (Northern Ireland) 1980f5 and shall at the time of such lodgment attach to the summons or other process a certified copy of the notice of remittal served on him by the proper officer of the Court of Judicature in accordance with [ Rule 8(a)] of that Order.

(7)

Where the only issue in the action remitted for hearing in a county court arises solely on a counterclaim by a defendant, this Rule shall apply as if for references to the plaintiff and to the original writ of summons or other originating process there were substituted references to the defendant and to a copy of such writ or other process together with particulars of the counterclaim, as the case may be.

Annotations

Textual amendments

F1

Words in Order 22 rule 8(1) omitted (31.10.2016) by virtue of The County Court (Amendment) Rules (Northern Ireland) 2016 (S.R. 2016/302), rules 1, 3(5)(b); S.R. 2016/387, art. 2

Footnotes

f1

Words inserted by S.R. 1982 No. 287 with effect from 11.10.82

f2

Paragraph (2) substituted by S.R. 1995 No. 151 with effect from 01.09.95

f3

Paragraphs (3), (4) and (5) deleted by S.R. 1995 No. 151 with effect from 01.09.95

f4

Words substituted by S.R. 1982 No. 120 with effect from 01.06.82

f5

S.R. 1980 No. 346