1.—(1) When an action has, in accordance with the provisions of Order 1, been duly commenced in a county court against a defendant who does not reside or carry on business within the division of that court and the defendant desires the action to be transferred to the court for the division in which he resides or carries on business, he may apply ex parte in writing without fee to the court in which the action was commenced for an order transferring the action to the other court, and the judge of the court in which the action was commenced may, if after considering the application and the question whether the claim is disputed he thinks that it would be a hardship on the defendant for the action to proceed in the court in which it was commenced, order the action to be transferred to the other court.
(2) The judge may, if he thinks fit, before dealing with an application under paragraph (1), cause notice to be given to the plaintiff that the application has been made and of the day and hour when the plaintiff may attend and be heard, and may if necessary adjourn the hearing of the action.
2. If the judge of a court has an interest in the subject-matter of any proceedings in that court, he may, and if so requested by any party shall, order them to be transferred to some convenient court of which he is not the judge.
3. Where any party to proceedings is an officer of the court, the judge may, and on the application of the opposite party shall, direct the hearing to take place at some convenient court of which such party is not an officer.
4. Where proceedings are commenced in the wrong court, the judge may either—
(a)transfer the proceedings to the court in which they ought to have been commenced; or
(b)with the consent of the parties order that the proceedings shall continue in the court in which they were commenced; or
(c)order the proceedings to be struck out, and, if it appears to the judge that the plaintiff knew or ought to have known that the proceedings should have been commenced in another court, may make such an order as to costs as he might have made if the proceedings had been heard and determined in favour of the defendant;
5.—(1) Any transfer of proceedings from one county court to another authorised by the Order or Rules 2 to 4 may be made by the judge of his own motion, or on the application of any party on not less than three days' notice to the chief clerk and all parties who may be affected.
(2) The order shall be in Form 106.
6. Where a transfer is ordered, the chief clerk of the court in which the proceedings are pending shall send to the chief clerk of the other court a certified copy of all the entries in the books of the first mentioned court together with all the documents in his custody relating to the proceedings and the chief clerk of the court to which the proceedings are transferred shall appoint a day for the hearing and send notice of hearing in Form 107 to all parties interested; and all subsequent proceedings shall be taken in that court.
7. The costs of the certified copies of the entries in the books of the court and of transmission shall be paid in the first instance by the party on whose application the transfer has been made, or if made by the judge of his own motion, by the plaintiff, without prejudice to the question how they will ultimately be borne.
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.
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.
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.
11.—(1) Where an order is made by the High Court for the removal of any proceedings from a county court to the High Court, the chief clerk shall—
(a)make and certify copies of all entries in the books of the court relating to the proceedings and send them to the proper officer of the High Court, together with all documents filed in the proceedings;
(b)The costs of removal shall be paid as provided in Rule 7.