County Court Rules (Northern Ireland) 1981

General procedure

1.—(1) Where by any enactment or by direction of the court any application in the course of an action or matter is expressly or by implication authorised to be made to the court or to the judge or to the circuit registrar or chief clerk, the following provisions shall apply—

(a) the application shall be made either in or out of court and either ex parte or on notice in accordance with the terms of the relevant enactment or direction and in the absence of any express provision to the contrary the application shall be made on notice;

(b) where made on notice—

(i) the notice shall be in writing and shall be served on the opposite party and filed in the Office before the beginning of a period of two days ending on the day of hearing of the application unless the judge or circuit registrar or, as the case may be, the chief clerk dispenses with notice or gives leave for shorter notice; and

(ii) the party serving the notice shall be responsible for ascertaining that the judge or circuit registrar or, as the case may be, the chief clerk will be available to hear the application on the day, at the time and in the place for which notice is served;

(c) an affidavit shall not be necessary unless the judge or circuit registrar or, as the case may be, the chief clerk otherwise directs;

(d) upon the hearing of the application the judge or circuit registrar or, as the case may be, the chief clerk may make such order as he considers just;

(e) where the application is made to the circuit registrar or chief clerk, he may, if in doubt as to the proper order to be made, refer the application to the judge forthwith or at the next convenient opportunity and the judge may hear the application and make such order as he considers just;

(f) where the circuit registrar or chief clerk has made an order to which this Order applies, any party who is dissatisfied therewith may apply to the judge on notice to vary or rescind the order and on the hearing of the application the judge may confirm, vary or rescind the order and may make such order as he considers just. This sub-paragraph shall not apply to an order or direction under Rule 2(3) of Order 21.

(2) The jurisdiction of the court to hear and determine any application in the course of an action or matter may, by direction or with the consent of the judge, be exercised by the circuit registrar unless there is a provision to the contrary in any enactment.