OpenLegislation

Rule 3 Lodging of certificate of readiness

Northern Ireland

(1)

In any proceedings commenced by civil bill in which a notice of intention to defend has been served the plaintiff shall, [f1subject to paragraph (1A) and] after the conclusion of all interlocutory matters, request the chief clerk to enter the proceedings for hearing by delivery to the chief clerk at his office of a certificate of readiness in Form 43 and shall, at the same time, cause to be served on the other party or parties to the proceedings a copy of the certificate of readiness.

[(1A)

f2 [f3 Subject to paragraph (1B),] a certificate of readiness may not be delivered to the chief clerk until the expiry of 21 days following the date of service of the notice of intention to defend.]

[(1B)

f4 The plaintiff must notify the defendant in writing of his intention to lodge the certificate of readiness no later than 14 days prior to lodging the certificate.]

(2)

In any proceedings in which a notice of intention to defend has been served the chief clerk shall, if no certificate of readiness has been delivered to him within a period of 6 months immediately following the date of service of the notice of intention to defend, list the proceedings before the judge [f5) or district judge as the case may be] and notify the parties accordingly and the judge [ or district judge as the case may be] may issue such directions concerning the future conduct of any such proceedings as he considers appropriate [f6 including, in particular, an order that the proceedings be stayed or dismissed.]

Annotations

Footnotes

f1

Words inserted by S.R. 1999 No. 129 with effect from 12.4.99

f2

Paragraph inserted by S.R. 1999 No. 129 with effect from 12.4.99

f3

Words inserted by S.R. 2013 No. 19 with effect from 25.02.13

f4

Paragraph inserted by S.R. 2013 No. 19 with effect from 25.02.13

f5

Words amended by S.R. 2013 No. 19 with effect from 25.02.13

f6

Words inserted by S.R. 1997 No. 17 with effect from 31.1.97