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

ORDER 57 CROWN SIDE PROCEEDINGS: GENERAL

Custody of records

1.  The Master (Queen's Bench and Appeals) shall have the care and custody of the records and other proceedings on the Crown Side.

[E.r. 6]

Affidavits

2.  Affidavits used on the Crown Side shall be intituled "In the High Court of Justice in Northern Ireland, Queen's Bench Division, Crown Side".

Estreat of recognizances

3.—(1) Every recognizance acknowledged in or removed into the Queen's Bench Division must be filed in the Crown Office.

(2) No recognizance shall be estreated without the order of a judge.

(3) Every application to estreat a recognizance in the Queen's Bench Division must be made by summons to a judge in chambers and must be supported by an affidavit showing in what manner the breach has been committed and proving that the summons was duly served.

(4) A summons under this rule must be served at least 2 clear days before the day named therein for the hearing.

(5) On the hearing of the application the judge may, and if requested by any party shall, direct any issue of fact in dispute to be tried by a jury.

(6) If it appears to the judge that a default has been made in performing the conditions of the recognizance, the Judge may order the recognizance to be estreated.

Issue of writs

4.—(1) All writs on the Crown Side shall be issued out of the Crown Office.

(2) Every writ must be filed in the Crown Office together with the return thereto and a copy of any order made thereon.

[E.r. 5]

Issue of motions

5.—(1) Every motion in proceedings on the Crown Side must be issued out of the Crown Office.

(2) The party entering the motion for hearing must lodge in the Crown Office copies of the documents in the proceedings for the use of the Court at least 7 days before the day fixed for the hearing.