{
  "url": "https://openlegislation.uk/family-proceedings-rules-northern-ireland-1996/rule-2.28",
  "json_url": "https://openlegislation.uk/family-proceedings-rules-northern-ireland-1996/rule-2.28.json",
  "legislation": "nisr/1996/322",
  "legislation_title": "The Family Proceedings Rules (Northern Ireland) 1996",
  "legislation_url": "https://openlegislation.uk/family-proceedings-rules-northern-ireland-1996",
  "path": "rule/2.28",
  "kind": "rule",
  "number": "2.28",
  "heading": "Entry for hearing and certificate of readiness",
  "text": "(1) The petitioner or any party who is defending a cause or the respondent in the case of an undefended cause proceeding on the respondent’s answer may request the Master to enter the cause for hearing if—\n(a) a copy of the petition (including any supplemental or amended petition) and any subsequent pleading has been duly served on every party requiring to be served and, where that party is a person under disability, any affidavit required by rule 6.4(2) has been filed;\n(b) (i) no notice of intention to defend has been given by any party entitled to defend and the time limited for giving such notice has expired; or\n(ii) where a notice of intention to defend has been given by any party, the time allowed for filing an answer has expired; or\n(iii) where an answer has been filed, the time allowed for filing any subsequent pleading has expired;\n(c) in proceedings for nullity [ of marriage], where an order for the examination of the parties has been made on an application under rule 2.26, the notice required by paragraph 10 of that rule has been served and the report of the inspector or inspectors has been filed;\n(d) any other directions of the court have been complied with.\n(2) The party making such request shall at the same time lodge in the Matrimonial Office a certificate in Form M8 that the cause is ready for trial and, in the case of a cause for hearing in [ the county court], the certificate shall state the place of trial requested.\n(3) [ Where a cause is defended, the party lodging the certificate of readiness] shall at the same time deliver to the Matrimonial Office a bundle of pleadings for the judge consisting of an indexed copy of the following documents—\n(a) the certificate of readiness;\n(b) the petition;\n(c) any other pleadings;\n(d) notices for particulars and answers thereto;\n(e) affidavit of service;\n(f) interlocutory orders;\n(g) any statement as to arrangements for children under rule 2.3(2);\n(h) any statement under rule 2.29(4);\n(i) the requisite legal aid documents,\nfastened together in the order shown and having endorsed thereon the names and addresses of the solicitors of the parties.\n(4) If [ a cause is defended and] there are any further proceedings after the lodging of the certificate of readiness, the party lodging the certificate shall deliver to the proper officer or the chief clerk, as the case may be, for the use of the judge a copy of any further document of the kind mentioned in paragraph (3).",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in rule 2.28(2) substituted (31.10.2016) by The Family Proceedings (Amendment) Rules (Northern Ireland) 2016 (S.R. 2016/301), rules 1(1), 2(5); S.R. 2016/387, art. 2(a)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Words inserted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Words inserted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Words substituted by S.R. 2006 No. 304 with effect from 01.08 06"
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Words inserted by S.R. 2006 No. 304 with effect from 01.08.06"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1996/322/rule/2.28",
    "retrieved_at": "2026-10-29T02:34:45.513001+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}