1. This Order applies to actions begun by writ and, accordingly, references in this Order to an action shall be construed as references to an action so begun.
[E.r. 1]
2.—(1) The plaintiff in any action shall within 6 weeks after the close of pleadings, or within the period fixed by an order of the Court, set down the action for trial.
(2) Where the plaintiff fails to set down the action for trial, the defendant may set it down or apply to the Court to dismiss the action for want of prosecution and, on the hearing of any such application, the Court may order the action to be dismissed accordingly or make such order as it thinks fit.
[E.r. 2]
3. In order to set down an action for trial the party setting it down must deliver to the appropriate office a request in Form No. 34 of Appendix A that the action may be set down for trial.
4.—(1) The party setting down an action for trial must deliver to the appropriate office two indexed bundles (one of which shall serve as the record and the other to be for the use of the judge) consisting of one copy of each of the following documents, that is to say—
(a)the writ,
(b)the pleadings (including any affidavits ordered to stand as pleadings), any request or order for particulars and the particulars given,
(c)subject to Order 22, rule 7, any interlocutory orders, and
(d)the requisite legal aid documents, if any.
(2) Each of the said bundles must be bound up and indexed in the proper chronological order and the bundle which is to serve as the record must be stamped with the stamp denoting payment of the fee payable on setting down the action and have indorsed thereon the names, addresses and telephone numbers of the solicitors for the parties or, in the case of a party who has no solicitor, of the party himself.
(3) Where a third party notice has been issued under Order 16, the party issuing the notice (whether with or without leave) must, as soon as practicable after receiving notice that the action has been set down for trial or on setting down the action for trial (unless the third party proceedings have been disposed of or abandoned), deliver to the appropriate office two bundles prepared in accordance with paragraph (1) each consisting of of copy of the third party notice and all documents in the third party proceedings corresponding to those specified in paragraph (1).
(4) Where a new trial becomes necessary in any action, the procedure for setting down the action for the new trial shall be that specified in the foregoing provisions except that the bundle which is to serve as the record must be bespoken from the appropriate office and must include the order for a new trial.
(5) In this rule “the requisite legal aid documents” means any documents which are required by regulations under Part I of the Legal Aid and Advice Act (Northern Ireland) 1965(1) to be included in the bundle for use at the trial.
[E.r. 3]
5. Nothing in this Order shall prejudice any powers of the Lord Chief Justice to give directions—
(a)providing for the keeping and publication of lists of actions for hearing;
(b)providing for the determination of a date for the trial of any action which has been set down or a date before which the trial thereof is not to take place; and
(c)as to the making of applications (whether to the Court or a court officer) to fix, vacate or alter any such date, and, in particular, requiring any such application to be supported by an estimate of the length of the trial and any other relevant information.
[E.r. 4]
6. At any time after an action has been set down for trial and before it is tried, the Court may require the parties to furnish the Court or court officer, by personal attendance or otherwise, with such information as may be necessary to show whether the action is ready for trial, and if any party fails to comply with any such requirement, the Court may—
(a)of its own motion, on 7 days' notice to the parties, direct that the action be removed from the list of actions for hearing;
(b)on the application of any party, dismiss the action for want of prosecution or strike out the defence or counterclaim or make such other order as the Court thinks fit.
Where a direction is given under sub-paragraph (a), the Court may subsequently direct the action to be restored to the list on such terms, if any, as it thinks fit.
[E.r. 5]
7.—(1) A party to an action who sets it down for trial must, within 24 hours after doing so, give notice in Form No. 35 of Appendix A to the other parties to the action that he has done so.
(2) It shall be the duty of all parties to an action set down for trial to furnish without delay to the officer who keeps the lists of actions for hearing all available information as to the action being or being likely to be settled, and, if the action is settled or withdrawn, to notify that officer of the fact without delay.
(3) In performance of the duty imposed by paragraph (2), a plaintiff who gives notice of acceptance of a payment into court in accordance with Order 22, rule 3(1), shall at the same time lodge a copy of the notice with the officer mentioned in that paragraph.
[E.r. 8]
8.—(1) Where after an action has been set down for trial the action becomes abated, or the interest or liability of any party to the action is assigned or transmitted to or devolves on some other person, the solicitor for the plaintiff or other party having the conduct of the action must, as soon as practicable after becoming aware of it, certify the abatement or change of interest or liability and send the certificate to the proper officer, and that officer shall cause the appropriate entry to be made in the list of actions set down for trial.
(2) Where in any such list an action stands for one year marked as abated or ordered to stand over generally, the action shall on the expiration of that year be struck out of the list unless, in the case of an action ordered to stand over generally, the order otherwise provides.
[E.r. 9]