County Court Rules (Northern Ireland) 1981

Proofs requisite for entry of default civil bill

5.—(1) Upon entry of the proceedings under Rule 4, the plaintiff shall lodge in the Office—

(a) the original default 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 plaintiff's claim in Form 53 made by the plaintiff or on his behalf by some other person who can swear positively to the facts and sworn within a period of twenty-eight days ending on the entry day;

(c) a certificate in Form 54, which may be endorsed on the affidavit given under paragraph (b) and which shall be given within a period of seven days ending on the entry day, by the plaintiff's solicitor or, where the plaintiff is suing in person, the plaintiff, 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.

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