1.—(1) In this Order :—
“remittal” means remittal from the High Court to a county court under section 31 of the Act;
“removal” means removal from a county court to the High Court, under section 31 of the Act.
(2) Where proceedings commenced in a county court by equity civil bill are removed to the High Court they shall be assigned to the Chancery Division.
2.—(1) Any party may apply for the remittal or removal of any civil proceedings by summons to be served on every other party to the proceedings.
(2) The following particulars must be endorsed on the back of the summons :—
(a)in an application for the remittal of proceedings, the county court, or courts if more than one, in which the proceedings could apart from any limitation by reason of amount or value or annual value have been commenced;
(b)in an application for the remittal of proceedings, the county court to which it is proposed by the applicant, or has been agreed by the parties, that the proceedings should be remitted;
(c)in an application for the removal of proceedings, the county court in which the proceedings are pending;
(d)which, if any, parties concur in the application and to what extent;
(e)where the whole of the proceedings are not to be remitted or removed the part to which the application relates;
(f)the nature of the proceedings;
(g)the stage which has been reached in the proceedings; and
(h)the grounds on which the order is sought.
(3) The said summons shall be supported by an affidavit verifying the particulars endorsed on the summons and stating any other facts grounding the application.
3. Where all parties consent to the remittal or removal of any proceedings any party may apply ex parte on a consent executed by the parties or their solicitors setting forth :—
(a)the county court to or from which it has been agreed that the proceedings should be remitted or removed;
(b)where the whole of the proceedings are not to be remitted or removed the part to which the consent relates;
(c)the nature of the proceedings; and
(d)the terms of any order as to costs which has been agreed upon.
4. A party opposing the remittal or removal of any proceedings may show by affidavit or, with the leave of the Court, by oral evidence, that the proceedings or any part thereof ought not to be remitted or removed, as the case may be.
5. For the purpose of making or opposing any application under this Order a party may exhibit or adduce in evidence the reports of medical or other experts.
6. Every party shall serve on every other party to the proceedings a copy of every affidavit and exhibit intended to be used on the hearing of any application under this Order.
7. An order for the removal of any proceedings may include such directions as to the further conduct of the proceedings as may be necessary and may direct that the action be set down for trial forthwith, with or without further pleadings.
8. Where an order is made for the remittal of any proceedings, the proper officer shall :—
(a)give notice of the remittal to every party to the proceedings and to the Accountant General;
(b)send a copy of the order of remittal and the original documents other than the affidavit referred to in rule 2(3) to the principal clerk for thy court to which the proceedings are to be remitted:
(c)upon receipt of the notice of remittal the Accountant General shall thereupon transfer to the county court to which the proceedings are to be remitted any sum of money paid into court under Order 22 in satisfaction of a claim or cause of action.
9.—(1) Where an order is made for the removal of any proceedings the proper officer shall send a copy of the order of removal to the chief clerk for the court from which the proceedings are to be removed.
(2) On receipt by the proper officer of the documents referred to in Order 22, rule 13, of the County Court Rules (Northern Ireland) 1976(1), that officer must forthwith :—
(a)file the said documents and make an entry of the filing thereof in the cause book;
(b)give notice to all the parties to the proceedings in the county court that the action is proceeding in the High Court and that the defendant is required to enter an appearance in the action in the appropriate office (naming it).
(3) The defendant must within 10 days after receipt of the notice referred to in rule 10 enter an appearance in accordance with Order 12, rules 1 to 4, and Order 12, rules 1, 2 and 4 shall apply as if the proceedings removed were an action begun by writ.
(4) The memorandum of appearance in an action begun in the county court and removed to the High Court shall be in Form No. 13 in Appendix A.
(5) The proceedings shall thereupon, subject to rules 7 and 10, continue as if they had been commenced in the court to which they have been removed.
(6) If the defendant, or any defendant (if more than one), fails to enter an appearance within the period prescribed by paragraph (3), the plaintiff may, with the leave of the court, enter judgment against the defendant or defendants, as the case may be, with costs.
10.—(1) Where only the proceedings on a counterclaim are remitted or removed this Order shall apply as if the party setting up the counterclaim were the plaintiff and the party resisting it were the defendant, and references in this Order to the plaintiff and the defendant shall be construed accordingly.
(2) References in this Order to the plaintiff and the defendant shall, where the context so requires, be construed as references to the applicant and the respondent respectively.