Rule 6 Submission and transmission of case
Northern Ireland
The party or parties preparing a case stated shall, within two months from the day on which [f1 the judge] directs the case to be stated or such longer time as [ the judge] may allow, submit it to [ the judge] for approval and settlement.
Any dispute between the parties as to the contents of the case stated shall be determined by [ the judge].
[ The judge] shall within two months from receipt of a case stated approve and settle the case and shall—
sign it and insert the date of such signature;
where more than one party applies for a case stated, direct which applicant is to have carriage; and
transmit the case to the chief clerk.
Subject to paragraph (2), the chief clerk on receiving the signed case stated shall—
endorse thereon the date of receipt; and
transmit to the applicant a signed case with the date of transmission also endorsed.
Where any enactment or any order of [ the judge] requires a party having carriage of a case stated to fulfil any condition precedent (whether by way of giving security for costs, or of entering into a recognizance for the due prosecution of the case, or otherwise) to the entry of the case stated in the Court of Judicature, the chief clerk shall not transmit the case to the applicant until that condition has been fulfilled.
Where any such condition precedent is not fulfilled, or the party preparing the draft case does not submit it to [ the judge] for approval and settlement, within the time fixed by the enactment or by these Rules or such longer time as [ the judge] may allow, the application shall be deemed to be withdrawn and thereupon, if the case was stated—
after the determination of the proceedings, that determination shall stand affirmed;
before the determination of the proceedings, the proceedings, shall stand adjourned until the next succeeding sittings F1....
Where the party to whom a draft case states has been submitted under Rule 5(5) makes default in complying with that Rule, the party having carriage may proceed in accordance with paragraph (1).
Annotations
Textual amendments
- F1
Words in Order 32 rule 6(6) omitted (31.10.2016) by virtue of The County Court (Amendment) Rules (Northern Ireland) 2016 (S.R. 2016/302), rules 1, 3(11)(b); S.R. 2016/387, art. 2
Footnotes
- f1
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Words amended by S.R. 2013 No. 19 with effect from 25.2.13