OpenLegislation

Rule 8 Notice of conviction, etc.

Northern Ireland

(1)

Any party to proceedings who intends, in reliance on section 7 or 8 of the Civil Evidence Act (Northern Ireland) 1971f1, to adduce evidence of a conviction, finding of adultery or an adjudication of paternity shall serve on every party to the proceedings notice in Form 118 of such intention with particulars of—

(a)

the conviction, finding or adjudication and the date thereof;

(b)

the court or court-martial which made the conviction, finding or adjudication; and

(c)

the issue in the proceedings to which the conviction, finding or adjudication is relevant.

(2)

Where the plaintiff or any party initiating proceedings serves such notice he shall annex it to the civil bill or other process and to any copy served on any other party.

(3)

Where a defendant or party other than the plaintiff or a party initiating the proceedings serves such notice, it shall be served within ten days of service of the civil bill or other process upon him.

(4)

If a party upon whom notice is served under this Rule—

(a)

denies the conviction, finding or adjudication; or

(b)

alleges that it was erroneous; or

(c)

denies that it is relevant to any issue in the action;

he shall, within ten days of service of the notice, serve a counter-notice in Form 119 on the party by whom the notice was served and on any other party to the proceedings.

(5)

Nothing in this Rule shall apply to evidence intended solely to impeach the credit of a party or witness and which is not otherwise relevant to any issue in the proceedings.

Annotations

Footnotes

f1

1971 c. 36 (N.I.)