Rule 61 Power to require applications to be made by summonsI1

England and Wales

(1)

F1Subject to rule 7(2), a F2district judge or registrar may require any application to be made by summons to a registrar in chambers or a judge in chambers or open court.

(2)

An application for an inventory and account shall be made by summons to a district judge or registrar.

(3)

A summons for hearing by a district judge or registrar shall be issued out of the registry in which it is to be heard.

(4)

A summons to be heard by a judge shall be issued out of the Principal Registry.

F3(5)

Where an application is required under this rule to be made by summons, a district judge or registrar may—

(a)

give directions (which may be given before listing the application);

(b)

hold a hearing of the application, and receive evidence, by telephone or by using any other method of direct oral communication.

(6)

A direction under paragraph (5) may be made subject to conditions, and may specify the consequences of failure to comply with the direction or a condition.

Annotations

Textual amendments

F1: Words in rule 61(1) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 14
F2: Words in rule 61 inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)
F3: Rule 61(5)(6) inserted (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 17

Commencement

I1: Rule 61 in force at 1.1.1988, see rule 1