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ORDER 22Transfer, remittal and removal of proceedings

PART IIPROCEEDINGS REMITTED FROM THE HIGH COURT

Lodgment of documents in and entry of remitted actions

8.—(1) Where under the provisions of any enactment an action is ordered by the High Court to be heard, or remitted by the High Court for hearing in a county court, the plaintiff shall lodge the original writ of summons or other originating process with the chief clerk of the court for the division named in the order for hearing.

(2) In proceedings within the equity jurisdiction of the court, the writ of summons or other originating process shall be lodged in the Office on or before the entry day for the sittings of the court named in the order for hearing.

(3) In all other proceedings the writ of summons or other originating process shall be lodged in the Office on or before entry day for the sittings of the court named in the order for hearing together with a list in Form 42 arranged in alphabetical order according to the surname of the plaintiff or of the first plaintiff in any proceedings if there is more than one.

(4) For the purposes of paragraph (3), remitted actions may be included in a list lodged under Order 8 Rule 2 but shall be distinguished in that list from other actions included therein.

(5) A defence to a remitted action shall be entered by lodging in the Office, a list in Form 42 arranged in like alphabetical order as aforesaid and may be included in a list under Order 8, Rule 4(1) but shall be distinguished in that list from other actions included therein.

(6) Before lodging the writ of summons or other originating process in accordance with this Rule, the plaintiff shall ascertain that the chief clerk has received a copy of the order of remmital and all documents filed in the proceedings in the High Court in accordance with Rule 9(1) of Order 78 of the Rules of the Supreme Court (Northern Ireland) 1980(1) and shall at the time of such lodgment attach to the summons or other process a certified copy of the notice of remittal served on him by the proper officer of the Supreme Court in accordance with Rule 8(b) of that Order.

(7) Where the only issue in the action remitted for hearing in a county court arises solely on a counterclaim by a defendant, this Rule shall apply as if for references to the plaintiff and to the original writ of summons or other originating process there were substituted references to the defendant and to a copy of such writ or other process together with particulars of the counterclaim, as the case may be.

Costs payable out of money received

9.  Where an order has been made by the High Court for payment of any costs to a solicitor out of the money recovered, the amount of such costs, if not paid before the money was received by the county court in accordance with Article 21 of the Order, shall, on the application of the solicitor, supported by the certificate of the taxing master or other appropriate officer of the High Court, be paid out of the money received, and any investments may be sold for that purpose if the judge or, in his absence, the chief clerk thinks fit.

Judge may require production of writ, etc.

10.  The judge may at any time require a next friend, guardian ad litem, committee or widow to obtain and produce the writ, pleadings and any other document used in the proceedings in the High Court.