Θεσμοί Πολιτικής Δικονόμίας

1. The plaintiff, or the person standing in the position of plaintiff, may, at any time after the close of the pleadings, apply to the Registrar to fix a day for trial.

[Δ.Κ. 19.7.1996] Παρέχεται εξουσία στο Δικαστήριο μετά το κλείσιμο των δικογράφων να ορίσει υπόθεση προς συμβιβασμό εφόσον υποβάλλεται εγγράφως κοινό αίτημα προς τούτο από όλους τους διαδίκους.

2. (1) If the plaintiff does not so apply within one month after the close of the pleadings, or within such extended time as may be allowed, the defendant may apply to the Registrar to fix a day for trial or to the Court to dismiss the action for want of prosecution, and the Court may order the action to be dismissed accordingly or may make such other order, and on such terms as to the Court may seem just.

(2) Where on an application to dismiss the action for want of prosecution the Court orders that the plaintiff be at liberty to apply to the Registrar to fix a day for trial, such order shall be deemed to direct (and may be drawn up to the following effect, namely) that, unless the plaintiff so applies within the time limited for that purpose by the order, or where no time is thereby limited, then within seven days from the making thereof, the action be dismissed for want of prosecution with costs to be taxed and paid by the plaintiff to the defendant.

3. Every application under Rule 1 or 2 of this Order to fix a day for trial shall state the amount in dispute in the action, or the value of the subject matter thereof, within the meaning of section 16 (7) of the Courts of Justice Law, Cap. 11.

4. The party at whose instance a day is fixed for trial shall give notice of such day to the other parties; but such notice shall not be necessary if the day is fixed in the presence of all parties concerned. Notice under this Rule shall, save where the Court or a Judge otherwise directs, be a fourteen days' notice.

5. Where there has been a direction made for an action and cross-action to be heard together, an application for the fixing of a trial day for one shall be sufficient, but in the notice given of the day fixed both shall be mentioned.

6. If the Registrar fixes a day for trial on the application of a party in the absence of that party, the Registrar shall forthwith give notice of the day he fixes to that party.

7. If a party applies to the Registrar for a day to be fixed for trial, he shall not countermand his application without leave of the Court or a Judge.

8. If an action is settled or abandoned or is being withdrawn or discontinued, the party who applied for a day to be fixed for the trial shall forthwith give notice to the Registrar accordingly.

9. The Registrar shall, save where the Court or a Judge allows a shorter period, put up a list on the Court notice board of cases fixed for trial at least fourteen days before the day fixed for trial,

10. (1) The Registrar shall, at least once a year or at shorter intervals if so required by the Court or a Judge, furnish the Court or Judge with a list of actions in which there has been a failure to apply under Rule 1 or 2 of this Order for three months after the close of the pleadings, and the Court or Judge may thereupon direct the Registrar to give notice to the plaintiff and any counterclaiming defendant, requiring the plaintiff and any such defendant to apply under Rule 1 or 2 within fourteen days after the giving of the notice, and informing the plaintiff and any such defendant that upon failure to so apply within the fourteen days aforesaid the action shall stand dismissed for want of prosecution.

[Δ.Κ. 1.11.1996] (2) Upon failure to apply within the fourteen days aforesaid, or within such extended time as may be allowed, the action υπόκειται σε απόρριψη for want of prosecution but without prejudice to the institution of a fresh action, και τίθεται για το σκοπό αυτό ενώπιον του Δικαστηρίου.