The Archive · 1922

Procedure with Regard to Security

On and after November 1, 1922, the following rules with regard to security in civil cases will be substituted for those at present in force =—Upon the filing. of a civil petition, a summons to answer only sLall be served upon the defendant unless the plaintiff applies for the defendant to be placed on security.

2,—The summons shal] call upon the defendant to file an answer within 20 days of service and shall be in the attached form A.

3.—If* the defendant files an answer within 20 days of service the action shall be set down for hearing in the ordinary way.

4.—If defendant does not file an answer in 20 days of service the plaintiff may apply to che Court for judgement by default.

7 Security Summons.

5.—The plaintiff may at the time of filing his petition or at any time subsequently apply to the Court to thave the defendant placed upon security. Thereupon, unless the defendant jis actually before thie Court at the time. of the application the, Court may hear the plaintiff e2 parte and if satisfied that there are reasonable grounds for the application, may direct a summons to furnish security to be issued. Such summons shall: be in the attached form B.

6—The date named in the summons for appearance to furnish security shall be-not more than five days from the date of service of the summons unless ihe Court enders otherwise.

7—If the defendant does not, appear and furnish security. by the due date, the Court may, if satis-fed that there are reasonable grounds for so doing, issue a warrant.for his arrest, and thereupon he shall only be released subject to such order with regard to security as the Court may think fit. i 8—The defendant may at any time apply to the Court for an extension of the time within which security is to be furnished or to have security reduced or waived.

9.—Where.. an application for security is made by the plaintiff parte, the Court may, if it thinks £t, adjourn such application to enable the defendant to be notified thereof. Such notice shall be in the attached form C.

10.—If the defendant does not appear to this notice, a summons to furnish security shall be issued. If neither party appears, the Court may strike out the application or make such other order as it may think fit. -11.—In order to prevent the defendant from being unduly harassed, the Court may, before granting a summons to furnish security, require the plaintiff first to furnish security.

Summons for Immediate Security.

12.—The plaintiff may at the time filing his petition or at any time subsequently apply to the Court to have the defendant placed upon immediate security. Thereupon the j show an unns:

Text read from the printed page and cleaned; old type leaves the occasional error.

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