Introductory Text
ORDER 1 Where proceedings may be commenced
1.Actions generally
2.Actions for recovery of, and in relation to, land
3.Proceedings in relation to trusts
4.Proceedings in relation to the estate of a deceased person
5.Partnership proceedings
6.Proceedings under the Settled Land Acts 1882 to 1890
7.Proceedings under the Married Women's Property Act 1882, s. 17
8.Proceedings in relation to minors
9.Probate proceedings
10.Proceedings under the Legitimacy Acts (Northern Ireland) 1928 to 1961
11.Proceedings for the construction of deeds, wills, etc.
12.Proceedings commenced by petition
13.Proceedings by or against a judge, circuit registrar, circuit administrator or chief clerk
14.Proceedings by and against the Crown
ORDER 2 Joinder of causes of action
1.Generally
2.Assignee in bankruptcy and recovery of land
3.Claim for possession in action for sale or redemption of mortgaged property
4.Separate hearings may be ordered
ORDER 3 Parties to proceedings
PART I GENERALLY
1.Who may be joined as plaintiffs
2.Who may be joined as defendants
3.Defendant interested in part of claim
4.Persons liable under one contract
5.Where plaintiff in doubt whom to sue
6.Misjoinder or non-joinder
7.Representative proceedings
8.Trustees and beneficiaries
9.Proceedings Against Estates Act (Northern Ireland) 1971
10.Actions relating to land
PART II PERSONS UNDER DISABILITY
11.Minor
12.Persons of unsound mind
13.Proceedings by next friend
14.Where judge may appoint next friend
15.Appointment of guardian ad litem
PART III ADMINISTRATION AND EXECUTION OF TRUSTS
16.Representation of person or class
17.When service unnecessary
18.Judge may order parties to be added
19.When notice of order to be served
20.Service of notice of an order
21.Where no legal representative
22.Only representative to appear on claim of any person not a party
PART IV CHANGE OF PARTIES
23.Proceedings on change of plaintiffs or defendant's title before decree
24.Where person entitled to proceed on death of party fails to do so
25.Alteration of records on change of parties
ORDER 4 Security for costs
1.Plaintiff not resident in Northern Ireland
2.Next friend
3.Where proceedings are remitted from High Court
ORDER 5 Commencement of proceedings
1.Commencement by civil bill
2.Particulars of claim
3.Notice for further particulars
4.Proceedings against the Crown
5.Commencement by petition
ORDER 6 Service
1.Issue of civil bill
2.Process servers and their duties
3.Service of civil bills
4.Actions for recovery of land
5.Persons under disability
6.Resistance to service; substituted service
7.Service deemed good
8.Time for service
9.Service in special circumstances
10.Application of this Order
11.Proceedings under the Crown Proceedings Act
12.Proof of service by post
ORDER 7 Special defences
1.Statement of defence
2.Admission in action for recovery of land
3.Defence in action of trespass, etc.
4.Tender and payment into court
5.Set-off and counterclaim
6.Counterclaim against person other than plaintiff
7.Set-off and counterclaim in proceedings by and against the Crown
8.Costs
ORDER 8 Entry and lodgment of civil bills and applications for dismiss
1.Entry day
2.Entry of ordinary civil bills
3.Lodgment of equity civil bills
4.Lists of defended cases; copies of civil bills for judge
5.Entry or lodgment after entry day
6.Applications for dismisses
7.Entry on record of solicitor for plaintiff and defendant
8.Prepayment of certain court fees
9.Return of civil bills lodged on entry
ORDER 9 Amendment
1.Generally
2.Service on added defendant
3.When amendment may be made
4.Abandonment of part of claim
5.Enlargement of claim
6.Amount beyond limit of court's jurisdiction found due on account
7.Joinder of defendant under Civil Aviation Act 1949
8.Change of defendant
9.Clerical mistakes and slips
ORDER 10 Interpleader proceedings
1.Application for relief
2.Claimants having adverse titles
3.Hearing
ORDER 11 Third party procedure
1.Generally
2.Effect of service of notice
3.Hearing
4.Application
5.In this Order the words “plaintiff” and “defendant” respectively shall...
ORDER 12 Default and Summary Actions
PART I GENERAL
1.Proceedings which may be commenced and dealt with as default or summary actions
PART II DEFAULT ACTIONS
2.Default civil bill
3.Notices to be annexed to default civil bills
4.Entry of default civil bill as a default action
5.Proofs requisite for entry of default civil bill
6.Default decree
7.Where defendant disputes claim or alleges a counterclaim
PART III SUMMARY ACTIONS
8.Summary civil bill
9.Notices to be annexed to summary civil bills
10.Application for summary decree
11.(1) Upon such application the plaintiffs solicitor shall lodge in...
12.Summary decree
13.Where defendant disputes liability or alleges a counterclaim or chief clerk refuses to issue a summary decree
PART IV MISCELLANEOUS PROVISIONS
14.Costs payable in settlement
15.Costs in certain cases
16.Decree against one of two or more defendants
17.Notice under section 139(1)(b) of the Consumer Credit Act 1974
ORDER 13 Hearing of proceedings together and selected actions
1.Generally
2.Selected action where several plaintiffs
3.Where a decree given in favour of defendant in selected action
4.Where decree given against defendant in selected action
5.Selected action where several defendants
6.Time for giving notice to enter action for hearing after decree in selected action
ORDER 14 Interlocutory applications
1.General procedure
2.Power to impose terms
3.Directions
4.Adjournment
5.When defendant entitled to ask for security for costs
6.Application for interim injunction, etc.
7.Recovery of goods where lien claimed
8.Preservation, etc., of subject matter
9.Order for detention, etc.
10.Order for sale of perishables, etc.
11.Preparation of order, etc.
ORDER 15 Discovery, inspection and production of documents
1.Discovery of documents
2.Inspection of documents
3.Business books
4.Privilege
5.Possession of specified documents
6.Postponement of discovery
7.Security
8.Order for production of documents
9.Non-compliance with the order
10.Outlay and fees on proceedings under this Order
11.Order to apply to minors
ORDER 16 Sitting in chambers
1.The judge may sit in chambers at any time and...
2.Adjournment from court to chambers and vice versa
3.Mode of proceeding
ORDER 17 References, accounts and inquiries
PART I REFERENCES UNDER ARTICLE 32 OF THE ORDER
1.Order for reference
2.Conduct of reference
3.Application of provisions of Part II
PART II ACCOUNTS AND INQUIRIES IN EQUITY PROCEEDINGS
4.Form of primary decree
5.General account
6.Taking of accounts and making inquiries
7.Advertisements
8.Pedigree and proofs
9.Surcharge
10.Claims of creditors
11.Right of application to the judge
12.Report to judge
13.Order on applications for administration or execution of trusts, etc.
14.Interpretation
ORDER 18 Receivers
1.Appointment
2.Security
3.Remuneration
4.Accounts
5.Passing account
6.Certificate of circuit registrar
7.Review by judge
8.Direct payments by receiver
9.Payment of balance into court
10.Default by receiver
ORDER 19 Assessors
1.Application for an assessor
2.Appointment of assessor
3.Refusal of application
4.Absence of assessor
5.Remuneration
6.Fees for adjourned hearing
7.Costs
8.Pilotage Act 1913
ORDER 20 Arbitration
1.Fixing of date
2.Conduct of arbitrations
3.Restriction on provision of copies of deeds, etc.
4.Arbitrator's powers of adjournment, inspection, etc.
5.Report to judge; judge's powers thereon
6.Witnesses' expenses
ORDER 21 Discontinuance and payment into and out of court
1.Discontinuance by plaintiff
2.Payment into court
3.Payment out of court
4.Costs
5.Payments into court not to be communicated to judge
6.Decree
7.Payment into court by defendant to counterclaim
8.Application
ORDER 22 Transfer, remittal and removal of proceedings
PART I TRANSFER OF PROCEEDINGS FROM ONE COUNTY COURT TO ANOTHER
1.Generally
2.Where judge has interest in subject-matter
3.Where officer of court is a party
4.Where proceedings commenced in wrong court
5.Transfer with or without an application
6.Procedure on transfer
7.Costs
PART II PROCEEDINGS REMITTED FROM THE HIGH COURT
8.Lodgment of documents in and entry of remitted actions
9.Costs payable out of money received
10.Judge may require production of writ, etc.
PART III REMOVAL OF PROCEEDINGS TO THE HIGH COURT
11.Procedure on removal
ORDER 23 References to the European Court
1.Interpretation
2.Making of order
3.Schedule to order to set out request for ruling
4.Stay of proceedings pending ruling
5.Transmission of order to the European Court
ORDER 24 Evidence
PART I GENERALLY
1.Admission by any party
2.Evidence to be taken orally
3.Petitions
4.Power to order proof by affidavit
5.Use of affidavit without order
6.Use of affidavits, etc.
7.Evidence in mitigation of damages for libel or slander
8.Notice of conviction, etc.
9.Witness summons
10.Order for bringing up prisoner to give evidence
11.Notice to admit specific facts
12.Notice to admit documents
13.Notice to produce
14.Evidence of service of notice to admit or produce
15.Documents produced from proper custody and office copies of judgments and decrees of other courts
16.Evidence of court records
17.Proof of valuation of lands
18.Proof of handwriting
19.Practice as to taking evidence
20.Order for examination of witnesses out of court
21.Affidavits
22.Proceedings by or against the Crown
PART II EVIDENCE ADMISSIBLE UNDER PART I OF THE CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971
23.Interpretation and application of this Part
24.Notice of intention to give in evidence statement under section 1 or 2 of Act
25.Statement admissible under section 1 of the Act of 1971: contents of notice
26.Statement admissible by virtue of section 2 of the Act of 1971: contents of notice
27.Reasons for not calling a person as a witness
28.Counter-notice requiring person to be called as a witness
29.Determination of question whether person can or should be called as a witness
30.Directions with respect to statement made in previous proceedings
31.Power of the court to allow statement to be given in evidence
32.Restriction on adducing evidence as to credibility of supplier of information, etc.
33.Notice required of intention to give evidence of certain inconsistent statements
34.Counter-notice
ORDER 25 Hearing and re-hearing
PART I HEARING BY JUDGE
1.General
2.Where proper parties are not before the court
3.Where plaintiff does not appear or does not prove his claim
4.Decree where defendant does not appear
5.If proceedings discontinued, etc., counterclaim may proceed
6.Non-appearance on a counterclaim
7.Exclusion of counterclaim
8.Decree where counterclaim is established
9.Misjoinder of plaintiff not to defeat counterclaim
10.Vexatious or irrelevant question
11.Decision of questions without general order for execution of trusts, etc.
12.Injunctions
13.Inspection by judge
PART II HEARING BY CIRCUIT REGISTRAR
14.General
15.Proceedings to be heard by the circuit registrar
16.Hearing by circuit registrar
17.Where by reason of death or unavoidable absence the circuit...
18.Decree where defendant does not appear
19.Records, costs and court fees
PART III SETTING ASIDE JUDGMENTS AND ORDERS
20.New hearing and re-hearing
ORDER 26 Arbitration under Article 30
1.Interpretation
2.Proceedings to which this Order applies
3.Commencement of proceedings under Article 30
4.Proceedings to which this Order does not apply
5.Where proceeding; may be heard
6.Application of the Arbitration Act (Northern Ireland) 1937
7.Issue of application
8.Award
9.Costs
10.Interpretation
ORDER 27 Proceedings under the Hire-Purchase Act (Northern Ireland) 1966
1.Interpretation
2.Where proceedings may be commenced
3.Particulars of claim
4.Applications
5.Issue of decree after postponement order
6.Forms
7.Application of Order to conditional sale agreements and saving for other Rules etc.
ORDER 28 Payment into court by trustees
1.Payment into court by trustees
2.Application for payment out, etc.
ORDER 29 Proceedings under Married Women's Property Act 1882
1.(1) Where application is made under section 17 of the...
2.The judge shall direct what costs are to be allowed....
ORDER 30 Consumer Credit Act 1974
1.(1) An application under section 139(1)(a) of the Consumer Credit...
2.(1) Where in proceedings by ordinary civil bill, being proceedings...
ORDER 31 Proceedings under the Matrimonial Causes (Northern Ireland) Order 1978
1.Where application is made under Articles 35, 38 or 40...
2.The Judge shall direct what costs are to be allowed....
ORDER 32 Statutory appeals, references, applications and cases stated
PART I STATUTORY APPEALS, REFERENCES AND APPLICATIONS
1.Appeals
2.References
3.Applications
PART II CASES STATED
4.Application of this Part
5.Stating of case
6.Submission and transmission of case
PART III INTERPRETATION
7.Interpretation
ORDER 33 Decrees
1.Record of decrees
2.Interest amount awarded by decree
3.Recovery of value added tax
4.Lodgment of decree
5.Amounts for which decree issued to be in decimal currency
6.Issue of decree
7.Decrees for debt or damages
8.Decrees for recovery of land
9.Stay of execution of decrees in ejectment
10.Stay of execution and removal thereof
11.Decree for balance of rent and costs under section 61 of the Landlord and Tenant Law Amendment Act, Ireland, 1860
12.Decree for payment of legacy or a distributive portion of the assets of an intestate
13.Decrees in action of detinue
14.Decree rectifying or setting aside deed
15.Order for preparation and execution of a deed
16.Sale of land
17.Sale of personal property
18.Form of affidavit of value
19.Proof of payment of duty payable
20.Order of High Court
ORDER 34 Sale of land by the court
1.Application of this Order
2.Approval of judge or reserved bidding
3.Counsel, valuers and auctioneers
4.Bidding by parties
5.Lodgment and approval of documents
6.Joining of persons not before the court
7.Procedure following return of papers from counsel
8.Attendance at sale
9.Where sale is subject to approval of judge
10.Where sale is subject to reserved price
11.Order for execution of conveyance or for possession
ORDER 35 Ejectment proceedings
1.Record of ejectments
2.Amount of rent due
3.Costs
4.Restitution
ORDER 36 Partition suits
1.Abstract of title
2.Consent of landlord
3.Consent of Department of Finance
4.Examination of and report on lands
5.Decree
ORDER 37 Applications under section 37 of the Landlord and Tenant Law Amendment Act, Ireland, 1860
1.Notice of application
2.Claim for compensation
3.Venue and service of notices
ORDER 38 Administration of estates
1.Lodgment of accounts by representatives of a deceased person
2.Power to order advertisements
3.Lodgment of money in court
4.Administration suits
ORDER 39 Actions by and against firms and persons carrying on business in firm names
1.Partners may sue and be sued in name of their firm
2.Action not in firm name
3.Actions between a firm and its members
4.Individuals carrying on business
5.Service of civil bill on partners
6.Execution of decree against a firm
7.Proceedings under Articles 106 to 110 of the Judgments Enforcement (Northern Ireland) Order 1981
ORDER 40 Enforcement of decrees
PART I GENERAL
1.Examination of any party
2.Application on change of parties after decree
PART II ENFORCEMENT BY COMMITTAL
3.Enforcement by committal
PART III PROCEDURE UNDER ARTICLES 106 TO 110 OF THE JUDGMENTS ENFORCEMENT (NORTHERN IRELAND) ORDER 1981
4.Enforcement civil bill
5.Committal civil bill
6.Service of civil bills and hearing of proceedings under Rules 4 and 5
7.Committal order
8.Discharge from custody
PART IV CHARGES UNDER ARTICLE 46 OF THE JUDGMENTS ENFORCEMENT (NORTHERN IRELAND) ORPER 1981
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
10.Applications for possession of land charged under Article 46 of the Judgment Enforcement (Northern Ireland) Order 1981
PART V INFERIOR COURTS JUDGMENTS EXTENSION ACT 1882
11.Proof that judgment is not satisfied
12.Where certificate not to be granted
13.Names, etc., in certificate
14.Entry on certificates
15.Record and effect of granting a certificate
16.Endorsement of costs on certificate
17.Production of certificate
18.Registration of certificate
19.Costs of registering certificate
20.Authenticated copy of the certificate for application to Enforcement of Judgments Office
21.Payment out of court
22.Issue of another copy of certificate
ORDER 41 Duplicate Decrees
1.Duplicate decrees
2.Application
3.Evidence
4.Face of duplicate decree
5.Effect of duplicate
ORDER 42 Deposit of money, bonds and recognizances as security
1.Security
2.Deposit of money
3.Bond or recognizance
ORDER 43 Practice generally
1.Hours of sitting and order of hearing of proceedings
2.Change of solicitor
3.Delivery and lodgment of notices and documents
4.Office books and records: issue of copies
5.Acts and notices by solicitor or agent
6.Service on solicitor of party
7.Service by advertisement
8.Advertisements
9.Party to have conduct of suit or matter
10.Enlargement or abridgement of time
11.Interest on debts
12.Interest on legacies
13.Forms
14.Verbal or technical error; non-compliance with any rule or practice
15.Civil bill under-stamped
16.Notices
17.Computation of time
18.Accounts, notices, etc., to be on judicature paper
19.Service by post
20.Documents to be free from erasures and alterations
21.Production of documents in custody of the chief clerk
22.Bail
23.Equity practice
24.Searches
25.Instructing solicitor to attend counsel
26.Proceedings by and against the Crown
ORDER 44 Settlement of claims by and money recovered on behalf of minor or person of unsound mind
1.Compromise or payment of claim
2.Payment out and transfer of funds and securities in court
3.Lien for costs
ORDER 45 Funds in Court
PART I ACCOUNTS
1.County Court Bank
PART II INVESTMENT OF MONEYS PAID INTO-COURT
2.Investment
4.Interpretation
PART III PAYMENT OUT AND TRANSFER OF MONEYS, DIVIDENDS, INCOME, SECURITIES AND OTHER EFFECTS
4.Application for payment out, etc.
5.Payment of moneys, dividends and income
6.Parts II and III not to apply to Criminal Injuries Account
ORDER 46 Grant and revocation of probate and letters of administration
1.Commencement of proceedings
2.Plaintiff and defendant
3.Parties may be added
4.Appearance by next-of-kin
5.Cross suits
6.Will set up or relied upon
7.Entry of civil bill and lodgment of affidavits
8.Records
9.Certificate of decree and decree
10.Where all parties are not present at the hearing
11.Jurisdiction, powers and authority
12.Application of rules, practice and forms
ORDER 47 Construction of deeds, wills, etc., and determination of rights of persons thereunder
1.Application
2.Judge's powers as to service and representation
3.Equity rules and practice to apply
ORDER 48 Licensing
PART I GENERAL
1.Interpretation
PART II APPLICATIONS FOR THE GRANT OF LICENCES
2.Notices of application
3.Documents to be produced at hearing of application
PART III APPLICATIONS FOR DECLARATIONS OF APPROVED SITES UNDER SECTION 8 OF THE ACT
4.(1) Notice of application in accordance with paragraph 3 of...
PART IV APPLICATIONS UNDER SECTION 31(1)(i) OF THE ACT FOR CONSENT TO ALTERATIONS TO LICENSED PREMISES
5.(1) Notice of application for an order under section 31(1)(i)...
6.Requirements for plans to be attached to notice of application
7.Copies of notices for divisional commander to be lodged at police station within police division
ORDER 49 Rent
PART I GENERAL
1.Interpretation
PART II APPEALS UNDER ARTICLE 11 OF THE ORDER
2.Appeals to the county court against restricted rent certificates, regulated rent certificates and against refusal of application for regulated rent certificate
PART III APPLICATIONS UNDER ARTICLE 20 OF THE ORDER
3.Applications by tenant for compensation under Article 20 of the Order
PART IV APPEALS UNDER ARTICLE 47 OF THE ORDER
4.Appeals by landlord or tenant under article 47 against issue by district council of certificate of disrepair, etc.
PART V APPLICATIONS UNDER ARTICLE 69 OF THE ORDER
5.Applications under article 69 of the Order for determination of certain questions in relation to tenancy
PART VI APPLICATIONS UNDER SCHEDULE 1 OR 2 TO THE ORDER
6.Applications for decision under paragraph 4 or 9 of Schedule 1 to the Order
7.Applications for an order under paragraph 2(1) of Schedule 2 to the Order
PART VII SUPPLEMENTARY
8.Court to which appeals and applications under the Order to be made
9.Service of notice and entry of appeals or applications
ORDER 50 Adoption
PART I COMMENCEMENT OF PROCEEDINGS
1.Interpretation
2.Notice to Health and Social Services Board under section 3(1)(b) of Act
3.Application to be by petition
4.Sittings at which petitions to be heard
5.Issue of petition
6.Verification of petition and documents to be exhibited thereto
7.Service of petition or notice of presentation
8.Notice of objection to the making of an adoption order
9.Appointment of guardian ad item
10.Functions of guardian ad item
PART II HEARING OF PETITION
11.Objections
12.Procedure on the hearing
13.Privacy of proceedings
14.Provisional adoption orders
15.Interim Orders
PART III GENERAL
16.Where previous application made for adoption of same infant
17.Cases more fit to be dealt with by the High Court
18.Attestation of consent when executed outside United Kingdom
19.Keeping of documents and information
20.Birth certificates
21.Form and transmission of orders
22.Copies of adoption orders not to be supplied except in certain cases
23.Notice of decision of court to be given
24.Notice to court by which an affiliation order has been made
25.Application for amendment or revocation of adoption orders, supply of copies, etc.
26.Service and filing of documents
27.Enlargement or abridgement of time in special circumstances
28.Application of equity practice and procedure
ORDER 55 Costs
APPENDIX 2
1.Decrees to carry costs
2.Scales of costs
3.Party and party costs
4.Value added tax
5.Solicitor and client costs
6.Witnesses' fees and expenses
7.Exercise of discretion in respect of costs
8.Exercise of discretion in absence of party
9.Taxation of costs
10.Counterclaim
11.Undefended proceedings
12.Costs of party appearing in person
13.Additional services
14.Costs payable in settlement
15.Lands not separately rated
16.Fee for preparation of brief
17.Service fees for postal service
18.Injunctions claimed other than in equity proceedings
19.Proceedings in which the amount awarded does not exceed £500
ORDER 56 County Court seal and authentication of documents
1.County Court seal
2.Custody of the seal
3.Affixing and authentication of the seal
4.Documents to be sealed
ORDER 57 Penal and disciplinary provisions
1.Proceedings on complaint of a contempt of court
2.Proceedings consequent on order under Rule 1
3.Revocation of order of committal
4.Repayment of fine
5.Decrees enforceable by committal
6.Notice of motion for decree enforceable by committal
7.Procedure for enforcement
8.Application as to discharge from custody
9.Procedure for grant of sequestration order
ORDER 58 Interpretation, revocations, extent, commencement and citation (Appendix 3)
1.Interpretation
2.Forms
3.Application to Crown
4.Revocations
5.Rules apply to civil proceedings except as otherwise provided
6.Citation and commencement
Signature