ORDER 12Default and Summary Actions

PART IIISUMMARY ACTIONS

Application for summary decree11

1

Upon such application the plaintiffs solicitor shall lodge in the Office—

a

the original summary civil bill and original notices with endorsements of service or, where Order 6 Rule 3(3) applies, an affidavit of service or, where Order 6 Rule 3(2)(b) or Rule 3(7) applies, the solicitor's certificate referred to in Rule 12 of Order 6;

b

an affidavit in verification of the plaintiffs claim in Form 53 made by the plaintiff or on his behalf by some person who can swear positively to the facts and sworn within a period of twenty-eight days ending on the date of the application;

c

a certificate in Form 57, which may be endorsed on the affidavit lodged under paragraph (b) and which shall be given within a period of seven days ending on the date of the application, by the plaintiffs solicitor that a notice disputing his liability for the claim in whole or in part or alleging a counterclaim has not been received from the defendant and either that—

i

no other communication has been received from the defendant; or

ii

a copy of any such communication so received is attached;

and stating whether any part of the amount claimed in the affidavit made under paragraph (b) has to his knowledge been paid by the defendant; and

d

a summary decree in Form 58.

2

The solicitor's certificate referred to in Rule 12 of Order 6 shall be in Form 59.