Rule 2 Application by plaintiff for summary judgmentF1
Where in an action to which this rule applies a civil bill has been served on a defendant and that defendant has entered a notice of intention to defend in the action, the plaintiff may, on the ground that that defendant has no defence to a claim included in the civil bill, or to a particular part of such a claim, or has no defence to such a claim or part except as to the amount of any damages claimed, apply to the judge for judgment against that defendant.
Subject to paragraph (3), this rule applies to every action begun by civil bill other than an action which includes a claim by the plaintiff—
for libel, slander, malicious prosecution or false imprisonment;
pursuant to the ejectment, title or equity jurisdiction of the court; or
for committal of the defendant to prison.
No application against the Crown may be made under this rule.
Annotations
Textual amendments
- F1
Order 12A inserted (6.1.2023) by The County Court (Amendment No. 2) Rules (Northern Ireland) 2022 (S.R 2022/252), rule 1, Sch. 1
Notes on Part ORDER 25A
Textual amendments
- F1
Order 25A inserted (6.1.2023) by The County Court (Amendment No. 2) Rules (Northern Ireland) 2022 (S.R 2022/252), rule 1, Sch. 2