The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

ORDER 98 THE LEGITIMACY DECLARATION ACT (IRELAND) 1868 AND THE LEGITIMACY ACT (NORTHERN IRELAND) 1928

Interpretation

1.  In this Order unless the context otherwise requires—

“the Judge” means the Judge for the time being to whom the business of the Family Division is assigned under section 17 of the Act and any judge of the High Court exercising jurisdiction in matrimonial causes and matters;

“Master” means the Master of the Office;

“Office” means the Probate and Matrimonial Office of the Family Division;

Heading of petition

2.  A petition by which proceedings are begun under the said Acts or either of them shall be headed :—

• “In the High Court of Justice in Northern Ireland

  • Family Division

    • Probate and Matrimonial Office”

and in the matter of the relevant Act and shall be addressed to Her Majesty's High Court of Justice in Northern Ireland.

Contents of petition

3.  The petition shall, in addition to stating the grounds on which the petitioner relies; set out the date and place of birth of the petitioner and the maiden name of his mother and, if the petitioner is known by a name other than that which appears in the certificate of his birth, that fact shall be stated in the petition and in any decree made thereon.

Affidavit in support of petition

4.—(1) The petition shall be supported by an affidavit by the petitioner verifying the petition and giving particulars of every person whose interest may be affected by the proceedings and his relationship to the petitioner;

Provided that if the petitioner is under the age of 17 the affidavit shall unless otherwise directed, be made by his next friend.

(2) An affidavit for the purpose of paragraph (1) may contain statements of information and belief with the sources and grounds thereof.

Notice of filing of petition to be given to the Attorney General

5.  On filing the petition notice of filing shall be given by the petitioner to the Crown Solicitor on behalf of the Attorney General who may enter an appearance to the petition within 14 days from such notice.

Directions as to persons to be made respondents to the petition

6.—(1) After the expiration of the time limited for appearance by the Attorney General, the petitioner shall issue and serve upon the Crown Solicitor an application for directions as to the persons, other than the Attorney General, who are to be made respondents to the petition.

(2) Such application shall be supported by an affidavit setting out particulars of all persons whose interests may be affected by the legitimation of the petitioner, and their relationship to the petitioner.

Service of petition on respondent

7.  The petitioner shall serve personally or by post every respondent other than the Attorney General with a copy of the petition indorsed with a notice to appear in accordance with Form No. 48 in Appendix. A.

Appearance by respondent

8.  A respondent may enter an appearance within the time limited by the notice indorsed on the petition.

Answer by respondent

9.—(1) A respondent who has entered an appearance may within 14 days thereafter file an answer to the petition.

(2) The respondent shall within four days of filing an answer deliver a copy of it to the petitioner and the Crown Solicitor and any other party to the proceedings.

Answer by Attorney General

10.  The Attorney General shall within 21 days after the order for directions has been made under rule 6 file his answer to the petition and deliver a copy thereof to the petitioner and any other party to the proceedings.

Consolidation of suits

11.  Where it appears that more than one petition has been filed on behalf of petitioners claiming to be children of the same father and mother, the Attorney General may, on giving notice to the petitioner in each suit which it is sought to consolidate, apply at any time after he has entered an appearance for an order that the suits be consolidated.

Master's certificate before hearing

12.  The petitioner shall before setting down the cause for hearing, refer the proceedings in the cause to the Master for his certificate that the pleadings and proceedings are in order.

Setting down for hearing

13.—(1) The petitioner, after the Master's certificate has been obtained, shall set the cause down for hearing and within 4 days of having done so, shall give to the Crown Solicitor on behalf of the Attorney General and to each party in the cause who has entered an appearance notice of his having done so.

(2) Save with the consent of all parties or by leave of the Judge no cause shall be placed in the list for hearing until after the expiration of 10 days from the date on which the notice of setting down is given.

(3) In order to set a cause down for hearing the party setting it down must deliver to the cause clerk in the Office one bundle for the use of the Judge consisting of one indexed copy of the following documents:—

(a) the petition,

(b) the pleadings,

(c) affidavit of service,

(d) interlocutory orders,

(e) the Master's certificate under rule 32, and

(f) the requisite legal aid documents,

bound up in proper chronological order and stamped denoting the fee payable and have endorsed thereon the names and addresses of the solicitors for the parties.

Mode of making applications

14.  Unless this order otherwise provides every application under this order shall be made to the Master by summons.