County Court Rules (Northern Ireland) 1981

1. Introductory Text

2. ORDER 1 Where proceedings may be commenced

   1. 1. Actions generally

   2. 2. Actions for recovery of, and in relation to, land

   3. 3. Proceedings in relation to trusts

   4. 4. Proceedings in relation to the estate of a deceased person

   5. 5. Partnership proceedings

   6. 6. Proceedings under the Settled Land Acts 1882 to 1890

   7. 7. Proceedings under the Married Women’s Property Act 1882, s.17

   8. 8. Proceedings in relation to minors

   9. 9. Probate proceedings

   10. 11. Proceedings for the construction of deeds, wills, etc.

   11. 12. Proceedings commenced by petition

   12. 13. Proceedings by or against a judge, district judge, circuit administrator or chief clerk

   13. 14. Proceedings by and against the Crown

   14. 16. Proceedings under Part II of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984

3. ORDER 2 Joinder of causes of action

   1. 1. Generally

   2. 2. Assignee in bankruptcy and recovery of land

   3. 3. Claim for possession in action for sale or redemption of mortgaged property

   4. 4. Separate hearings may be ordered

4. ORDER 3 Parties to proceedings

   1. PART I GENERALLY

      1. 1. Who may be joined as plaintiffs

      2. 2. Who may be joined as defendants

      3. 3. Defendant interested in part of claim

      4. 4. Persons liable under one contract

      5. 5. Where plaintiff in doubt whom to sue

      6. 6. Misjoinder or non-joinder

      7. 7. Representative proceedings

      8. 8. Trustees and beneficiaries

      9. 9. [ Administration of Estates (Northern Ireland) Order 1979]

      10. 10. Actions relating to land

   2. PART II PERSONS UNDER DISABILITY

      1. 11. Minor

      2. 12. [ Patients]

      3. 13. Proceedings by next friend

      4. 14. Where judge may appoint next friend

      5. 15. Appointment of guardian ad litem

   3. PART III ADMINISTRATION AND EXECUTION OF TRUSTS

      1. 16. Representation of person or class

      2. 17. When service unnecessary

      3. 18. Judge may order parties to be added

      4. 19. When notice of order to be served

      5. 20. Service of notice of an order.

      6. 21. Where no legal representative

      7. 22. Only representative to appear on claim of any person not a party

   4. PART IV CHANGE OF PARTIES

      1. 23. Proceedings on change of plaintiff’s or defendant’s title before decree

      2. 24. Where person entitled to proceed on death of party fails to do so

      3. 25. Alteration of records on change of parties

5. ORDER 4 Security for costs

   1. 1. Plaintiff not resident in Northern Ireland

   2. 2. Next friend

   3. 3. Where proceedings are remitted from High Court

6. ORDER 5 Commencement of proceedings

   1. 1. Commencement of civil bill

   2. 2. Particulars of claim

   3. 3. [ Notice for further particulars

   4. 4. Proceedings against the Crown

   5. 5. Commencement of petition

7. ORDER 6 Service

   1. 1. Issue of civil bill

   2. 2. Process servers and their duties

   3. 3. Service of civil bills

   4. 3A. [ Service of Notice of Intention to Defend

   5. 4. Actions for recovery of land

   6. 5. Persons under disability

   7. 6. Resistance to service; substituted service

   8. 7. Service deemed good

   9. 8. [ A process server shall, as soon as possible after...

   10. 9. Service in special circumstances

   11. 10. Application of this Order

   12. 11. Proceedings under the Crown Proceedings Act

   13. 12. [ Proof of service by post

8. [ ORDER 6A Service out of Northern Ireland

   1. 1. Interpretation

   2. 2. [Cases in which service of originating process out of Northern Ireland is permissible

   3. 3. [ Service of interlocutory process out of Northern Ireland

   4. 4. England and Wales and Scotland

   5. 5. Application to be supported by evidence

   6. 6. Date of hearing

   7. 7. Modes of service

   8. 8. Service by applicant

   9. 9. Service through the court

   10. 10. Proof of service

   11. 11. Setting aside the service

   12. 12. Costs

9. ORDER 7 Special defences

   1. 1. Statement of defence

   2. 3. Defence in action of trespass, etc.

   3. 4. Tender and payment into court

   4. 5. Set-off and counterclaim

   5. 6. Counterclaim against person other than plaintiff

   6. 7. Set-off and counterclaim in proceedings by and against the Crown

   7. 8. Costs

10. ORDER 8 Entry and lodgement of civil bills and applications for dismiss

    1. 1. [ Entry of civil bills for hearing

    2. 2. Notice of intention to defend

    3. 3. Lodging of certificate of readiness

    4. 4. Documents to be delivered to the chief clerk

    5. 6. Applications for dismisses

    6. 7. Entry on record of solicitor for plaintiff and defendant

11. ORDER 9 Amendments

    1. 1. Generally

    2. 2. Service on added defendant

    3. 3. [ When amendment may be made

    4. 4. Abandonment of part of claim

    5. 5. Enlargement of claim

    6. 6. Amount beyond limit of court’s jurisdiction found due on account

    7. 7. Joinder of defendant under Civil Aviation Act 1949

    8. 8. Change of defendant

    9. 9. Clerical mistakes and slips

12. ORDER 10 Interpleader proceedings

    1. 1. Application for relief

    2. 2. Claimants having adverse title, etc.

    3. 3. Hearing

13. ORDER 11 Third party procedure

    1. 1. Generally

    2. 2. Effect of service of notice

    3. 2A. [ Notice of intention to defend

    4. 2B. Application for directions

    5. 3. Hearing

    6. 4. Application

    7. 5. In this Order the words “plaintiff’ and “defendant” respectively shall...

14. [ ORDER 12 Default of Notice of Intention to Defend

    1. PART I JUDGMENT IN DEFAULT OF NOTICE OF INTENTION TO DEFEND

       1. 1. Claim for liquidated demand

       2. 2. Claim for unliquidated damages

       3. 3. Claim for detention of goods

       4. 4. Claim for possession of land

       5. 5. Mixed claims

       6. 6. Other claims

       7. 7. Proof of service of civil bill

       8. 8. Judgment against a State

       9. 9. Judgments under the Civil Jurisdiction and Judgments Act 1982

       10. 10. Judgment in default of notice of intention to defend

       11. 11. Default procedure not to apply to certain proceedings

       12. 12. Setting aside judgment

    2. PART II DAMAGES: ASSESSMENT AFTER JUDGMENT

       1. 13. Assessment of damages by the district judge

       2. 14. Judgment for amount of damages

       3. 15. Default judgment against some but not all defendants

       4. 16. Assessment of value

       5. 17. Assessment of damages to time of assessment

15. ORDER 13 Hearing of proceedings together and selected actions

    1. 1. Generally

    2. 2. Selected action, where several plaintiffs

    3. 3. Where a decree given in favour of defendant in selected action

    4. 4. Where decree given against defendant in selected action

    5. 5. Selected action where several defendants

    6. 6. Time for giving notice to enter action for hearing after decree in selected action

16. ORDER 14 Interlocutory applications

    1. [ PART I – GENERAL]

       1. 1. [ General procedure

       2. 2. Power to impose terms

       3. 3. Directions

       4. 4. Adjournment

       5. 5. When defendant entitled to ask for security for costs

       6. 6. [ Application for interim injunction, etc

       7. 7. Recovery of goods where lien claimed

       8. 8. Preservation, etc. of subject-matter

       9. 9. Order for detention, etc.

       10. 10. Order for sale of perishables, etc.

       11. 10A. [ Application under Article 42A(1) or 42B(3) of the Order

       12. 10B. The European Intellectual Property Directive

       13. 11. Preparation of order, etc.

    2. [ PART II Mediation

       1. 12. Interpretation

       2. 13. Adjournment of proceedings for the purposes of ADR

       3. 14. Application for an order under rule 13

       4. 15. Time limit for an application under rule 13

17. ORDER 15 Discovery, inspection and production of documents

    1. [1. Discovery of documents

    2. 2. Inspection of documents

    3. 3. Business books

    4. 4. Privilege

    5. 5. Possession of specified documents

    6. 5A. Application-under Article 42A(2) or 42B(2) of the Order

    7. 6. Postponement of discovery

    8. 7. Security

    9. 8. Order for production of documents

    10. 9. Non-compliance with the order

    11. 10. Outlay and fees on proceedings under this Order

    12. 11. Order to apply to minors

    13. [ PART II INTERROGATORIES

        1. 12. [ Discovery by interrogatories

        2. 12A. [ Interrogatories without order

        3. 12B. Ordered interrogatories

        4. 13. Interrogatories where party is a body of persons

        5. 14. Statement as to party, etc., required to answer

        6. 15. Objection to answer on ground of privilege

        7. 16. Insufficient answer

        8. 17. Failure to comply with order

        9. 18. Use of answers to interrogatories at trial

18. ORDER 16 Sitting in chambers

    1. 1. [ The judge or district judge as the case may...

    2. 2. Adjournment from court to chambers and vice versa

    3. 3. Mode of proceeding

19. ORDER 17 References, accounts and inquiries

    1. PART I REFERENCES UNDER ARTICLE 32 OF THE ORDER

       1. 1. Order for reference

       2. 2. Conduct of reference

       3. 3. Application of provisions of Part II

    2. PART II ACCOUNTS AND INQUIRIES IN EQUITY PROCEEDINGS

       1. 4. Form of primary decree

       2. 5. General account

       3. 6. Taking of accounts and making, inquiries

       4. 7. Advertisements

       5. 8. Pedigree and proofs

       6. 9. Surcharge

       7. 10. Claims of creditors

       8. 11. Right of application to [ the judge]

       9. 12. Report to [ judge]

       10. 13. Order on applications for administration or execution of trusts, etc.

       11. 14. Interpretation

20. ORDER 18 Receivers

    1. 1. Appointment

    2. 2. Security

    3. 3. Remuneration

    4. 4. Accounts

    5. 5. Passing account

    6. 6. Certificate of [ district judge]

    7. 7. Review by judge

    8. 8. Direct payments by receiver

    9. 9. Payment of balance into court

    10. 10. Default by receiver

21. ORDER 19 Assessors

    1. 1. Application for an assessor

    2. 2. Appointment of assessor

    3. 3. Refusal of application

    4. 4. Absence of assessor

    5. 5. [ Remuneration

    6. 6. Fees for adjourned hearing

    7. 7. Costs

    8. 8. Pilotage Act 1913

22. ORDER 20 Arbitration

    1. 1. Fixing of date

    2. 2. Conduct of arbitrations

    3. 3. Restriction on provision of copies of deeds, etc.

    4. 4. Arbitrator’s powers of adjournment, inspection, etc.

    5. 5. Report to [ judge]; [ judge’s] powers thereon

    6. 6. Witnesses’ expenses

23. ORDER 21 Discontinuance [, Settlement] and payment into and out of court

    1. 1. Discontinuance by plaintiff

    2. 1A. [ Notice of Settlement

    3. 2. Payment into court

    4. [3. Payment out of court

    5. 3A. [ [Judge or district judge as the case may be] may permit payment in or out of court out of time

    6. 4. Costs

    7. 5. Payments into court not to be communicated to [ judge or district judge as the case may be]

    8. 6. Decree

    9. 7. Payment into court by defendant to counterclaim

    10. 8. Application

24. ORDER 22 Transfer, remittal and removal of proceedings

    1. PART I TRANSFER OF PROCEEDINGS FROM ONE COUNTY COURT TO ANOTHER

       1. 1. Generally

       2. 2. Where Judge has interest in subject-matter

       3. 3. Where officer of court is a party

       4. 4. Where proceedings commenced in wrong court

       5. 5. Transfer with or without an application

       6. 6. Procedure on transfer

       7. 7. Costs

    2. PART II PROCEEDINGS REMITTED FROM THE HIGH COURT

       1. 8. Lodgment of documents in and entry of remitted actions

       2. 9. Costs payable out of money received

       3. 10. Judge may require production of writ, etc.

    3. PART III REMOVAL OF PROCEEDINGS TO THE HIGH COURT

       1. 11. Procedure on removal

25. ORDER 23 References to the European Court

    1. 1. Interpretation

    2. 2. Making of order

    3. 3. Schedule to order to set out request for ruling

    4. 4. Stay of proceedings pending ruling

    5. 5. Transmission of order to the European Court

26. [ ORDER 23A Devolution issues under Schedule 10 to the Northern Ireland Act 1998

    1. 1. Interpretation

    2. 2. Specification of devolution issue

    3. 3. Notice of devolution issue

    4. 4. Response to notice of devolution issue

    5. 5. Reference of devolution issue to Court of Appeal

    6. 6. Reference of devolution issue to the Judicial Committee

    7. 7. Stay of proceedings pending reference

27. ORDER 24 Evidence

    1. PART I GENERALLY

       1. 1. Admission by any party

       2. 2. Evidence to be taken orally

       3. 2A. [ Evidence of plans, photographs etc.

       4. 2B. Medical reports, maps, plans etc may be given in evidence

       5. 2C. Number of expert witnesses

       6. 2D. [ Disclosure of evidence in clinical negligence actions

       7. 3. Petitions

       8. 4. Power to order proof by affidavit

       9. 5. Use of affidavit without order

       10. 6. Use of affidavits, etc.

       11. 7. Evidence in mitigation of damages for libel or slander

       12. 8. Notice of conviction, etc.

       13. 9. Witness summons

       14. 10. Order for bringing up prisoner to give evidence

       15. 11. Notice to admit specific facts

       16. 12. Notice to admit documents

       17. 13. Notice to produce

       18. 14. Evidence of service of notice to admit or produce

       19. 15. Documents produced from proper custody and office copies of judgments and decrees of other courts

       20. 16. Evidence of court records

       21. 17. Proof of valuation of lands

       22. 18. Proof of handwriting

       23. 19. Practice as to taking evidence

       24. 20. Order for examination of witnesses out of court

       25. 21. Affidavits

       26. 22. Proceedings by or against the Crown

    2. [ PART II HEARSAY EVIDENCE ADMISSIBLE UNDER THE CIVIL EVIDENCE (NORTHERN IRELAND) ORDER 1997

       1. 23. Interpretation and application of this Part

       2. 24. Power to call witness for cross-examination on hearsay evidence

       3. 25. Credibility

    3. [ PART III MEDICAL EVIDENCE

       1. I. PRELIMINARY

          1. 35. Application and interpretation

          2. 36. Restrictions on medical evidence

          3. 37. Failure to comply with rules

    4. PART IV GENERAL RULES

       1. 38. Application

       2. 39. Medical report to be served on the defendant

       3. 40. Medical examination of another party; disclosure of report

       4. 41. Disclosure of medical evidence

       5. 42. Evidence received during the hearing

       6. 43. Party to furnish name and address of doctor, etc.

       7. 44. Mode of disclosure

       8. 45. Variation between evidence disclosed and evidence at hearing

    5. PART V CLINICAL NEGLIGENCE ACTIONS

       1. 46. Application

       2. 47. Disclosure of medical evidence on the issue of liability

       3. 48. Disclosure of medical evidence on the issue of damages

28. ORDER 25 Hearing and re-hearing

    1. PART I HEARING BY JUDGE

       1. 1. General

       2. 2. Where proper parties are not before the court

       3. 3. Where plaintiff does not appear or does not prove his claim

       4. 4. Decree where defendant does not appear

       5. 5. If proceedings discontinued, etc., counterclaim may proceed

       6. 6. Non-appearance on counterclaim

       7. 7. Exclusion of counterclaim

       8. 8. Decree where counterclaim is established

       9. 9. Misjoinder of plaintiff not to defeat counterclaim

       10. 10. Vexatious or irrelevant question

       11. 11. Decision of questions without general order for execution of trusts, etc.

       12. 12. Injunctions

       13. 13. Inspection by [ judge or district judge as the case may be]

    2. PART II HEARING BY [ DISTRICT JUDGE]

       1. 14. General

       2. 15. Proceedings to be heard by the [ district judge]

       3. 16. Hearing by [ district judge]

       4. 17. Where by reason of death or unavoidable absence the [...

       5. 18. Decree where defendant does not appear

       6. 19. Records, costs and court fees

    3. PART III SETTING ASIDE JUDGMENTS AND ORDERS

       1. 20. New hearing and re-hearing

29. [ ORDER 26 Small Claims

    1. 1. Definitions

    2. 2. Excluded claims

    3. 3. (1) Subject to paragraph (2), where the claim is for...

    4. 4. Starting Proceedings

    5. 5. The applicant must complete Part A of Form 125, setting...

    6. 6. After completing Part A of Form 125, the applicant must...

    7. 7. If there is more than one respondent, the applicant must...

    8. 8. When the relevant forms and the appropriate fee are received...

    9. 9. Each court office shall keep a record of—

    10. 10. Defending the application

    11. 11. On receiving a notice of dispute, the officer must send...

    12. 12. Accepting Liability

    13. 13. On receiving a notice of acceptance of liability, the chief...

    14. 14. Default decrees

    15. 15. An application under Rule 14 shall— (a) if the claim...

    16. 16. On receiving an application under rule 14, the chief clerk...

    17. 17. The chief clerk may refer any application in Form 127...

    18. 18. The chief clerk may only issue a decree under rule...

    19. 19. Where a decree has been issued under rule 16, the...

    20. 20. If an application under rule 19 is made by one...

    21. 21. On receiving the application, the officer shall send a copy...

    22. 22. If a decree is set aside the officer must inform...

    23. 23. An application in Form 127 or 128 may not be...

    24. [24. An application in Form 127 or 128 may only be...

    25. 25. A request for permission under rule 24 shall be made...

    26. 26. Assessment hearing

    27. 27. Where a decree has been issued under Rule 16(b) and...

    28. 28. The judge shall issue a decree for the amount of...

    29. 29. Venue for a small claims hearing

    30. 30. Procedure on a small claims hearing

    31. 31. The judge may adopt any procedure which he considers to...

    32. 32. Powers of [ the judge]

    33. 33. If an application is transferred to the judge’s civil bill...

    34. 34. An application under Rule 32(e) shall be made in writing...

    35. 35. All parties shall, subject to any legal objection, agree to—...

    36. 36. Witnesses

    37. 37. Expert Evidence

    38. 38. Unless the judge orders otherwise the evidence of any expert...

    39. 39. On receiving the report, the officer shall send a copy...

    40. 40. Transfer of proceedings

    41. 41. On receiving the relevant records and documents, the chief clerk...

    42. 42. Documents

    43. 43. Costs

    44. 44. No witness expenses may be awarded, except in respect of...

    45. 45. If the judge is satisfied that— (a) there has been...

    46. 46. When the judge is awarding costs under Rule 45 the...

30. ORDER 27 European Small Claims Procedure

    1. 1. Application, interpretation and scope

    2. 2. Translations

    3. 3. ESCP proceedings

    4. 4. Where an applicant wishes to lodge the ESCP claim form,...

    5. 5. If there is more than one respondent, the applicant must...

    6. 6. When the relevant forms and the appropriate fee are received...

    7. 7. The SCCPC shall keep a record of—

    8. 8. Venue for an ESCP hearing

    9. 9. Procedure on an ESCP hearing

    10. 10. The judge may adopt any procedure which he considers to...

    11. 11. Transfer of proceedings

    12. 12. On receiving the relevant records and documents, the judge of...

    13. 13. Transfer of proceedings where the claim is outside the scope of the ESCP Regulation

    14. 14. Transfer of proceedings where the respondent claims that the non-monetary claim exceeds the limit set in Article 2(1) of the ESCP Regulation

    15. 15. Transfer of proceedings where the ESCP counterclaim exceeds the limit set in Article 2(1) of the ESCP Regulation

    16. 16. Review of an ESCP judgment

    17. 17. Inadequate or insufficient information

    18. 18. Costs

31. ORDER 28 Payment into court by trustees

    1. 1. Payment into court by trustees

    2. 2. Application for payment out, etc.

32. ORDER 29 [ Matrimonial Property Proceedings

    1. PART I PROCEEDINGS UNDER MARRIED WOMEN’S PROPERTY ACT 1882.]

       1. 1. (1) Where application is made under section 17 of the...

       2. 2. [ The judge] shall direct what costs are to be...

    2. [ PART II FAMILY LAW (MISCELLANEOUS PROVISIONS) (NORTHERN IRELAND) ORDER 1984

       1. 3. (1) Every application under Article 4 or 13 of the...

       2. 4. The costs of an application under Article 4 or 13...

33. ORDER 30 Consumer Credit Act 1974

    1. 1. [ Interpretation

    2. 2. Saving for earlier Rules

    3. 3. Where proceedings may be commenced

    4. 4. Joinder of parties

    5. 5. Action to recover possession of goods under a hire-purchase agreement

    6. 6. Particulars to be given in other claims arising out of a hire-purchase agreement

    7. 7. Conditional sale agreements

    8. 8. Protection orders

    9. 9. Enforcement orders

    10. 10. Orders under section 86(2), 92(1) or (2) or 126

    11. 11. [ Unfair relationships.

    12. 12. Time Orders

    13. 13. Financial relief for hirer

    14. 14. Application for variation, etc.

    15. 15. Declarations

    16. 16. Issue of decree after conditional or suspended order

    17. 17. [ Forms of decree and orders

34. ORDER 31 PROCEEDINGS UNDER THE MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978

    1. 1. Where application is made under Articles 35, 38 or 40...

    2. 2. [ The judge] shall direct what costs are to be...

35. ORDER 32 STATUTORY APPEALS, REFERENCES, APPLICATIONS AND CASES STATED

    1. PART I STATUTORY APPEALS, REFERENCES AND APPLICATIONS

       1. 1. Appeals

       2. 2. References

       3. 3. Applications

    2. PART II CASES STATED

       1. 4. Application of this Part

       2. 5. Stating of case

       3. 6. Submission and transmission of case

    3. [ PART IIA APPEALS FROM MAGISTRATES’ COURTS

       1. 6A. Power to extend time to give notice of appeal from a decision of a magistrates’ court

       2. 6B. [ Application for special measures direction

       3. 6C. Application for an extension of time

       4. 6D. [ Late applications

       5. 6E. Discharge or variation of a special measures direction

       6. 6EA. [ Application to dis apply or dis apply in part the primary rule

       7. 6F. Renewal application following a material change of circumstances

       8. 6G. Application for special measures direction for witness to give evidence by means of a live link

       9. 6H. Video recording of testimony from witnesses

       10. 6I. Expert Evidence

       11. 6IA. [ Evidence by live link by witness (other than the defendant)

       12. 6IB. Application for rescission of a direction

       13. 6J. [ Prohibition on cross-examination of particular witness

       14. 6K. Restrictions on cross-examination of witness by the accused person

       15. 6L. Appointment by the court

       16. 6M. Appointment arranged by the appellant

       17. 6N. Procedure for applications in proceedings for sexual offences

       18. 6NA. [ Application for reporting direction

       19. 6NB. Application for excepting direction

       20. 6NC. Variation or revocation

       21. 6ND. Hearings

       22. 6NE. Notice required to accompany process served outside the United Kingdom

       23. 6NF. Proof of service outside the United Kingdom

       24. 6NG. [ Procedure for the admission of evidence of bad character

       25. 6NH. Procedure for the admission of hearsay evidence

    4. [ APPEALS IN SMALL CLAIMS CASES

       1. PART IIB APPEALS IN SMALL CLAIMS CASES

          1. 6O. (1) An appeal under Article 30(4)(ab) of the Order shall...

    5. PART III INTERPRETATION

       1. 7. Interpretation

36. ORDER 33 Decrees

    1. 1. Record of decrees

    2. 1A. [ Claim for interest

    3. 2. Interest on amount awarded by decree

    4. 3. Recovery of value added tax

    5. 4. Lodgment of decree

    6. 5. Amounts for which decree issued to be in decimal currency

    7. 6. Issue of decree

    8. 7. Decrees for debt or damages

    9. 8. Decrees for recovery of land

    10. 9. Stay of execution of decrees in ejectment

    11. 10. Stay of execution and removal thereof

    12. 11. Decree for balance of rent and costs under section 61 of the Landlord and Tenant Law Amendment Act, Ireland, 1860

    13. 12. Decree for payment of legacy or a distributive portion of the assets of an intestate

    14. 13. Decrees in action [ for wrongful interference with goods]

    15. 14. Decree rectifying or setting aside deed

    16. 15. Order for preparation and execution of a deed

    17. 16. Sale of land

    18. 17. Sale of personal property

    19. 18. Form of affidavit of value

    20. 19. Proof of payment of duty payable

    21. 20. Order of High Court

37. ORDER 34 Sale Of Land By The Court

    1. 1. Application of this Order

    2. 2. Approval of [ judge] or reserved bidding

    3. 3. Counsel, valuers and auctioneers

    4. 4. Bidding by parties

    5. 5. Lodgment and approval of documents

    6. 6. Joining of persons not before the court

    7. 7. Procedure following return of papers from counsel

    8. 8. Attendance at sale

    9. 9. Where sale is subject to approval of [ judge]

    10. 10. Where sale is subject to reserved price

    11. 11. Order for execution of conveyance or for possession

38. ORDER 35 Ejectment Proceedings

    1. 1. Record of ejectments

    2. 2. Amount of rent due

    3. 3. Costs

    4. 4. Restitution

39. ORDER 36 Partition Suits

    1. 1. Abstract of title

    2. 2. Consent of landlord

    3. 3. Consent of Department of Finance

    4. 4. Examination of and report on lands

    5. 5. Decree

40. ORDER 37 Applications under section 37 of the Landlord and Tenant Law Amendment Act, Ireland, 1860

    1. 1. Notice of application

    2. 2. Claim for compensation

    3. 3. ... Service of notices

41. ORDER 38 Administration of estates

    1. 1. Lodgment of accounts by representatives of a deceased person

    2. 2. Power to order advertisements

    3. 3. Lodgment of money in court

    4. 4. Administration suits

42. ORDER 39 Actions by and against firms and persons carrying on business in firm names

    1. 1. Partners may sue and be sued in name of their firm

    2. 2. Action not in firm name

    3. 3. Actions between a firm and its members

    4. 4. Individuals carrying on business

    5. 5. Service of civil bill on partners

    6. 6. Execution of decree against a firm

    7. 7. Proceedings under Articles 106 to 110 of the Judgments Enforcement (Northern Ireland) Order 1981

43. ORDER 40 Enforcement of decrees

    1. PART I GENERAL

       1. 1. Examination of any party

       2. 2. Application on change of parties after decree

    2. PART II ENFORCEMENT BY COMMITTAL

       1. 3. Enforcement by committal

    3. PART III PROCEDURE UNDER ARTICLES 106 TO 110 OF THE JUDGMENTS ENFORCEMENT (NORTHERN IRELAND) ORDER 1981

       1. 4. Enforcement civil bill

       2. 5. Committal civil bill

       3. 6. Service of civil bills and hearing of proceedings under rules 4 and 5.

       4. 7. Committal order

       5. 8. Discharge from custody

    4. PART IV CHARGES UNDER ARTICLE 46 OF THE JUDGMENTS ENFORCEMENT (NORTHERN IRELAND) ORDER 1981

       1. 9. Proceedings under Article 14(c) of the County Courts (Northern Ireland) Order 1980 respecting land charged under Article 46 of the Judgments Enforcement (Northern Ireland) Order 1981

       2. 10. Applications for possession of land charged under Article 46 of the Judgment Enforcement (Northern Ireland) Order 1981

    5. [ PART V ENFORCEMENT OF COUNTY COURT DECREES OUTSIDE NORTHERN IRELAND

       1. SECTION 1 — ENFORCEMENT OUTSIDE THE UNITED KINGDOM

          1. 11. Interpretation of section 1

          2. 12. Application under s. 10 of the Act of 1933 for certified copy of county court decree

          3. 13. Application under s. 12 of the Act of 1982 for certified copy of county court decree

       2. SECTION 2 — ENFORCEMENT IN OTHER PARTS OF THE UNITED KINGDOM

          1. 14. Interpretation of section 2

          2. 15. Application for certificate of money provision

          3. 16. Application for certified copy of decree containing non-money provision

          4. 17. Record and effect of issuing a copy decree or a certificate

    6. PART VI MEDIATION DIRECTIVE

       1. 18. Application and interpretation

       2. 19. Mediation settlement enforcement orders

       3. 20. Mediation settlement enforcement orders: foreign currency

       4. 21. Mediation evidence: disclosure or inspection

       5. 22. Mediation evidence: witnesses and depositions

    7. [ PART VII RECOVERY OF SUMS PAYABLE UNDER COMPROMISES UNDER THE INDUSTRIAL TRIBUNALS (NORTHERN IRELAND) ORDER 1996 AND THE FAIR EMPLOYMENT AND TREATMENT (NORTHERN IRELAND) ORDER 1998

       1. 23. Conciliation: recovery of sums payable under compromises

44. ORDER 41 Duplicate Decrees

    1. 1. Duplicate decrees

    2. 2. Application

    3. 3. Evidence

    4. 4. Face of duplicate decree

    5. 5. Effect of duplicate

45. ORDER 42 Deposit of money, bonds and recognizances as security

    1. 1. Security

    2. 2. Deposit of money

    3. 3. Bond or recognizance

46. ORDER 43 Practice generally

    1. 1. Hours of sitting and order of hearing of proceedings

    2. 2. Change of solicitor

    3. 3. Delivery and lodgment of notices and documents

    4. 4. Office books and records: issue of copies

    5. 5. Acts and notices by solicitor or agent

    6. 6. Service on solicitor of party

    7. 7. Service by advertisement

    8. 8. Advertisements

    9. 9. Party to have conduct of suit or matter

    10. 10. Enlargement or abridgement of time

    11. 11. Interest on debts

    12. 12. Interest on legacies

    13. 13. Forms

    14. 14. Verbal or technical error, non-compliance with any rule or practice

    15. 15. Civil bill under-stamped

    16. 16. Notices

    17. 17. Computation of time

    18. 18. [ Quality and size of paper

    19. 19. [ Service by post

    20. 19A. [ Date when documents served by post deemed to be served

    21. 20. Documents to be free from erasures and alterations

    22. 21. Production of documents in custody of the chief clerk

    23. 22. Bail

    24. 23. Equity practice

    25. 24. Searches

    26. 25. Instructing solicitor to attend counsel

    27. 26. Proceedings by and against the Crown

    28. 27. [ Service by FAX

    29. 28. [ Service by DX

47. ORDER 44 Settlement of claims by and money recovered on behalf of minor or [ patient]

    1. 1. Compromise or payment of claim

    2. 2. Payment out and transfer of funds and securities in court

    3. 3. Lien for costs

48. ORDER 45 Funds in Court

    1. PART I ACCOUNTS

       1. 1. County Court Bank

    2. PART II INVESTMENT OF MONEYS PAID INTO COURT

       1. 2. [ Investment of money recovered by person under disability

       2. 3. Interpretation

    3. PART III PAYMENT OUT AND TRANSFER OF MONEYS, DIVIDENDS, INCOME, SECURITIES AND OTHER EFFECTS

       1. 4. Application for payment out, etc.

       2. 5. Payment of moneys, dividends and income

       3. 6. Parts II and III not to apply to Criminal Injuries Account

49. ORDER 46 Grant and revocation of probate and letters of administration

    1. 1. Commencement of proceedings

    2. 2. Plaintiff and defendant

    3. 3. Parties may be added

    4. 4. Appearance by next-of-kin

    5. 5. Cross suits

    6. 6. Will set up or relied upon

    7. 7. Entry of civil bill and lodgment of affidavits

    8. 8. Records

    9. 9. Certificate of decree and decree

    10. 10. Where all parties are not present at the hearing

    11. 11. Jurisdiction, powers and authority

    12. 12. Application of rules, practice and forms

50. ORDER 47 Construction of deeds, wills, etc., and determination of rights of persons thereunder

    1. 1. Application

    2. 2. [ Judge’s or district judge’s as the case may be] powers as to service and representation

    3. 3. Equity rules and practice to apply

51. [ ORDER 48 [ Licensing, Bookmaking Office Licences and Registration of Clubs]

    1. PART I GENERAL

       1. 1. Interpretation

    2. PART II APPLICATIONS FOR THE GRANT OF LICENCES

       1. 2. Notices of application

       2. 3. Documents to be produced at hearing of application

    3. PART III APPLICATIONS FOR DECLARATIONS OF APPROVED SITES UNDER ARTICLE 10 OF THE LICENSING ORDER

       1. 4. (1) Notice of application in accordance with paragraph 3 of...

    4. PART IV MISCELLANEOUS

       1. 5. Applications under Article 31(1)(i)

       2. 6. Requirements for plans to be attached to notice of application

       3. 7. Copies of notices for sub-divisional commander to be lodged at police station within police sub-division

    5. PART V REGISTRATION OF CLUBS

       1. 8. Application for the registration of a club

       2. 9. Objection to the registration of a club or the granting of a children’s certificate

    6. PART VI MODIFICATION OF THE LICENSING ORDER AND THE REGISTRATION OF CLUBS ORDER

       1. 10. Modifications to the Licensing (Northern Ireland) Order 1996 and the Registration of Clubs (Northern Ireland) Order 1996

    7. [ PART VII APPLICATIONS FOR GRANT OF BOOKMAKING OFFICE LICENCES

       1. 11. Notices of Application

       2. 12. Objection to the grant of a bookmaking office licence

       3. 13. Newspaper notice

52. ORDER 49 Rent

    1. PART I GENERAL

       1. 1. Interpretation

    2. PART II APPEALS UNDER ARTICLE II OF THE ORDER

       1. 2. Appeals to the county court against restricted rent certificates, regulated rent certificates and against refusal of application for regulated rent certificate

    3. PART III APPLICATIONS UNDER ARTICLE 20 OF THE ORDER

       1. 3. Applications by tenants for compensation under Article 20 or the Order

    4. PART IV APPEALS UNDER ARTICLE 47 OF THE ORDER

       1. 4. Appeals by landlord or tenant under Article 47 against issue by district council of certificate of disrepair, etc.

    5. PART V APPLICATIONS UNDER ARTICLE 69 OF THE ORDER

       1. 5. Applications under Article 69 of the Order for determination of certain questions in relation to tenancy

    6. PART VI APPLICATIONS UNDER SCHEDULE 1 [ . . .] TO THE ORDER

       1. 6. Applications for decision under paragraph 4 or 9 of Schedule 1 to the Order

    7. PART VII SUPPLEMENTARY

       1. 8. Court to which appeals and applications under the Order to be made

       2. 9. Service of notice and entry of appeals or applications

53. ORDER 50 [Adoption]

54. [ ORDER 50A Parental orders under section [ 54] of the Human Fertilisation and Embryology Act [ 2008]

    1. 1. [ Interpretation

    2. 2. Commencement of proceedings

    3. 3. Appointment of guardian ad litem

    4. 4. Duties of guardian ad litem

    5. 5. Agreement

    6. 6. Notice of hearing

    7. 7. Objections

    8. 8. The hearing

    9. 9. Proof of identity of child, etc.

    10. 10. Notices and copies of orders etc.

    11. 11. Application, in respect of removal of, or for return of, child

    12. 12. Application for amendment of orders and revocation of directions

    13. 13. Service and filing of documents

    14. 14. Costs

    15. 15. Custody, inspection and disclosure of documents and information

55. [ ORDER 51 [ Family Proceedings]

    1. [ PART I] CHILD ABDUCTION AND CUSTODY ACT 1985

       1. 1. Interpretation

       2. 2. Stay of pending custody proceedings

       3. 3. Notification of registration under section 16

       4. 4. Application for copy court order

       5. 5. Application for declaration under section 23(2)

    2. [ PART II FAMILY LAW ACT 1986

       1. 6. Interpretation

       2. 7. Application for Recognition and Enforcement of Custody Orders

       3. 8. Refusal to Register

       4. 9. Revocation or variation of registered order

       5. 10. Other proceedings

       6. 11. Stay of proceedings

    3. [ PART III REGISTRATION OF MAINTENANCE ORDERS UNDER PART II OF THE MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1966

       1. 12. Interpretation

       2. 13. Application for registration

       3. 14. Variation or discharge of registered order

       4. 15. Cancellation of registration

56. [ ORDER 52 Miscellaneous Enactments

    1. PART I ROAD TRAFFIC (NORTHERN IRELAND) ORDER 1981

       1. 1. Notice to insurer

    2. [ PART II MENTAL HEALTH (NORTHERN IRELAND) ORDER 1986

       1. 3. Interpretation

       2. 4. Where proceedings may be commenced

       3. 5. Notice of application under Part II of the Order

       4. 6. Respondents to applications under Part II of the Order

       5. 7. Evidence

       6. 8. Sitting in chambers

       7. 9. Power to interview the patient

    3. [ PART III SOLICITORS (NORTHERN IRELAND) ORDER 1976

       1. 10. Interpretation

       2. 11. Application in respect of contentious business agreement

       3. 12. Application for order for taxation under Article 71F of the Order

    4. PART IV COPYRIGHT, DESIGNS AND PATENTS ACT 1988: FORFEITURE ORDERS

       1. 13. Application for forfeiture orders under the Copyright, Designs and Patents Act 1988

    5. [ PART V ACCESS TO HEALTH RECORDS (NORTHERN IRELAND) ORDER 1993

       1. 14. Interpretation

       2. 15. Application under Article 10 of the Order

    6. [ PART VI PROTECTION FROM HARASSMENT (NORTHERN IRELAND) ORDER 1997

       1. 16. Interpretation

       2. 17. Division where proceedings may be commenced

       3. 18. Warrants of arrest

       4. 19. Form of warrant

       5. 20. Proceedings

       6. 21. Saving

    7. [ PART VII THE HUMAN RIGHTS ACT 1998

       1. 22. Interpretation

       2. 23. Commencement of proceedings

       3. 24. Proceedings

       4. 25. Proceedings in respect of judicial act: Notice to appropriate person

       5. 26. Proceedings in respect of a judicial act: joinder of appropriate person

    8. [ PART IX EXTRADITION ACT 2003

       1. 27. Interpretation

       2. 28. Application for live link direction

       3. 29. Application for rescission of a direction

57. [ ORDER 53 Applications for Declarations under Part V of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989

    1. PART I INTERPRETATION

       1. 1. Interpretation

    2. [ . . .]

    3. PART III DECLARATIONS AS TO ADOPTIONS EFFECTED OVERSEAS

       1. 4. Commencement of Proceedings

       2. 5. The following persons shall, if alive, be respondents to the...

    4. PART IV GENERAL PROVISIONS

       1. 6. Application

       2. 7. Affidavit in support of petition

       3. 8. Notice of the petition to be given to the Attorney-General

       4. 9. Filing of Petition

       5. 10. Service of Petition

       6. 11. Objections

       7. 12. Reply by Attorney-General

       8. 13. Form of declaration

58. [ ORDER 54 Criminal Damage, Criminal Injuries to the Person and Emergency Provisions Compensation Appeals

    1. PART I INTERPRETATION

       1. 1. Interpretation

    2. PART II APPEALS TO THE COUNTY COURT

       1. 2. Lodging of certain appeals to the county court

       2. 3. Payment into court

       3. 4. Costs where payment into court by Secretary of State not accepted

       4. 5. Payment into court not to be communicated to [ the judge]

       5. 6. Form of order where notice of acceptance not served

       6. 7. Lodgment and payment out

       7. 8. Applications to the court for an order directing offender to reimburse to the Secretary of State whole or part of compensation paid under the 1977 Order or the 1988 Order

       8. 9. Applications to vary orders for reimbursement

       9. 10. Applications to the court for an order requiring victim to reimburse to the Secretary of State whole or part of compensation

       10. 11. Application of Order 28 to payment into court under Article 12(3) or 14(1)(ii) of the 1977 Order

       11. 12. Application of Order 28 to payment into court under Article 21(1) of the 1988 Order

       12. 13. Application of Order 28 to payment into court by Secretary of State in respect of a claim under the 1991 Act

       13. 14. Notice of evidence in appeals under the 1988 Order

       14. 15. Applications under Article 14 of the 1988 Order

       15. 16. Applications under Article 16(6) or Article 15 of the 1988 Order

59. ORDER 55 Costs

    1. 1. Decrees to carry costs

    2. 2. Scales of costs

    3. 2A. [ Enhanced costs where solicitor conducts trial or hearing

    4. 3. Party and party costs

    5. 4. [ Value added tax

    6. 5. [ Solicitor and client costs

    7. 5A. [ Taxation of costs pursuant to an order under Part V of the Solicitors (Northern Ireland) Order 1976

    8. 5B. (1) Any party to a taxation under Rule 5A who...

    9. 6. Witnesses’ fees and expenses

    10. 7. Exercise of discretion in respect of costs

    11. 8. Exercise of discretion in absence of party

    12. 9.. Taxation of costs

    13. 10. Counterclaim

    14. [11. (1) This rule only applies where the plaintiff’s cause of...

    15. 12. Costs of party appearing in person

    16. 13. Additional services

    17. [14. Costs in undefended cases

    18. 15. Lands not separately rated

    19. 16. Fee for preparation of brief

    20. 17. [ Services fee for postal service

    21. 18. Injunctions claimed other than in equity proceedings

    22. [19. Proceedings in which the amount awarded does not exceed [ “certain limits”]

    23. 20. [ Penalty in costs where oral evidence not reasonably necessary

    24. 21. [ Applications under Article 42A(2) or 42B of the Order

60. ORDER 56 County Court seal and Authentication of documents

    1. 1. County Court seal

    2. 2. Custody of the seal

    3. 3. Affixing and authentication of the seal

    4. 4. Documents to be sealed

    5. 5. [ Interpretation

61. ORDER 57 Penal and disciplinary provisions

    1. 1. Proceedings on complaint of a contempt of court

    2. 2. Proceedings consequent on order under rule 1

    3. 3. Revocation of order of committal

    4. 4. Repayment of fine

    5. 5. Decrees enforceable by committal

    6. 6. Notice of motion for decree enforceable by committal

    7. 7. Procedure for enforcement

    8. 8. Application, as to discharge from custody

    9. 9. Procedure for grant of sequestration order

62. ORDER 58 [ Overriding objective, interpretation, revocations, extent, commencement and citation

    1. 1. “The overriding objective

    2. 2. Interpretation

    3. 3. Forms

    4. 4. Application to Crown

    5. 5. Revocations

    6. 6. Rules apply to civil proceedings except as otherwise provided

    7. 7. Citation and commencement

63. Signature

64. 1. APPENDIX 1

    2. APPENDIX 2

       1. PART 1

          1. Ordinary civil bills

          2. Costs where no notice of intention to defend is served and judgment is marked under Order 12

          3. Libel and slander

          4. Libel and slander

       2. PART II Remitted actions

       3. PART III Ejectments

       4. PART IV Proceedings to annual percept, order or conviction – Order 37

       5. PART V Restitution of possession

       6. PART V1 Grant and revocation of probate or administration

       7. PART VII Application under Criminal Injuries to Persons (Compensation) Act (Northern Ireland) 1968

          1. RESPONDENT’S COSTS

          2. Party and party costs in appeals under Article 15 of the Criminal Damage (Compensation) (Northern Ireland) Order 1977 in relation to claims for compensation under that Order

          3. RESPONDENT’S COSTS

          4. Party and party costs in appeals under Article 16 of the Criminal Injuries (Compensation) (Northern Ireland) Order 1988

          5. RESPONDENT’S COSTS

          6. Party and party costs in appeals under section 55(4) of the Northern Ireland (Emergency Provisions) Act 1996 and under paragraph (5) of Schedule 12 to the Terrorism Act 2000

          7. RESPONDENT’S COSTS

       8. PART VIII Equity and Title suits

       9. PART IX Miscellaneous Costs

          1. INTERPLEADER PROCEEDINGS

          2. INTERLOCUTORY APPLICATIONS: TABLE 1

          3. JUDGMENTS ENFORCEMENT (NORTHERN IRELAND) ORDER 1981: Part VIII

          4. ENFORCEMENT OF COUNTY COURT DECREES IN OTHER PARTS OF THE UNITED KINGDOM

          5. HIRE-PURCHASE

          6. STATUTORY APPEALS AND APPLICATIONS

          7. PROCEEDINGS FOR WRONGFUL INTERFERENCE WITH GOODS

          8. COSTS OF THE DAY

       10. PART X Occasional Costs

    3. APPENDIX 3

       Statutory Rules revoked

65. Explanatory Note