Αυτή είναι παλαιότερη έκδοση της διάταξης αυτής. Για την τελευταία έκδοση πατήστε εδώ.
|
ORDER 48 : APPLICATIONS
1. Every application to the Registrar shall be in writing stating the nature of the request made and referring to the specific section of the Law or to the specific Rule of Court upon which it is founded. If the application relies on any facts which do not appear in the Court books or records, it shall be supported by affidavit.
2. (1) Save where other provision is made, every application to the Court shall be in writing stating the nature of the order or direction sought and referring to the specific section of the Law or to the specific Rules of Court upon which it is founded.
(2) Applications made ex parte shall be in Form 45; applications made by summons shall be in Form 46, and set out at the foot thereof the name of every person to be served therewith and the address at which service is to be effected, which in the case of any person who has given an address for service in the action may be such address.
(3) In the case of applications which may under Rules 8 and 9 of this Order be made without affidavit, the facts relied upon (if any) shall be stated in the applications; and in the case of applications supported by affidavit, it shall be sufficient if reference is made thereto for the facts relied upon.
3. Where an application is made by summons an office copy thereof shall be served on all persons affected thereby; and where such application is supported by affidavit, an office copy of the affidavit shall be served together with the summons. The service shall be effected at least four days before the day fixed for the hearing of the application.
4. If any person served with a summons to attend the hearing of an application intends to oppose the application, such person shall, at least two days before the day fixed for hearing, file a notice of such intention in the Form 47 and leave a copy thereof for the applicant at his address for service. Such notice shall refer to the specific section of the Law or to the specific Rules of Court upon which the opposition is founded. Any facts relied upon in opposition which are not apparent on the face of the proceedings shall be set out in one or more affidavits accompanying the notice of opposition, and copies of such affidavits shall be left for the applicant together with such notice. If there is a conflict between the applicant and any person giving notice of opposition in regard to the facts, the applicant or such person must, at the hearing of the application, be prepared to prove the facts he relies upon in so far as the burden of proof lies upon him.
5. If on the hearing of an application by summons the Court or Judge is of opinion that any person to whom notice has not been given ought to have or have had notice, the Court or Judge may either dismiss the application, or adjourn the hearing thereof, in order that such person may be served as provided in Rule 3 of this Order, upon such terms (if any) as the Court or Judge may see fit to impose.
6. The hearing of any application may from time to time be adjourned upon such terms (if any) as the Court or Judge shall think fit.
7. The Court or Judge, in disposing of any application, may direct by whom the costs of the application are to be paid, and in default of any such direction, such costs shall be costs in the action, and, unless otherwise disposed of at the hearing of the action, shall be paid in the same manner, and by the same person, as the costs of the action.
8. (1) The following applications may be made ex parte-
(a.1) under Order 2, Rule 2, for leave to issue a writ of summons for service out of Cyprus, or of which notice is to be given out of Cyprus;
(a.2) under Order 2, Rule 14, for leave to seal a writ without its being accompanied by a retainer in writing;
(b) under Order 2, Rule 15, for an order to remove the stay in a prodigal's action begun without his guardian's consent;
(c) under Order 4, Rule 1, for renewal of writ of summons;
(d) under Order 5, Rule 8, for leave to serve a writ of summons on an agent residing or carrying on business in Cyprus in an action relating to or arising out of a contract entered into in Cyprus by or through such agent on behalf of a principal residing or carrying on business outside Cyprus;
(e) under Order 5, Rule 9, for substituted service or notice of the writ of summons;
(f) under Order 6, Rule 4, for leave to serve a writ of summons or notice thereof on a defendant out of Cyprus;
(g) under Order 8, Rule 1, for leave to sue or defend as a pauper;
(h) under Order 8, Rule 10 or 11, for leave to appeal as a pauper;
(i) under Order 9, Rule 8, for an order to join persons beneficially interested in a trust or estate;
(j.1) under Order 9, Rule 9, for leave to sue or defend on behalf of persons having the same interest in a cause or matter;
(j.2) under Order 9, Rule 12A, for an order appointing a representative of a person who cannot be found;
(k) under Order 9, Rule 13, for an order appointing a representative of a deceased person's estate;
(l) under Order 10, Rule 1, for leave to issue and serve a third-party notice;
(m) under Order 1.0, Rule 6, for leave to defendant suffering judgment by default to enter, after satisfaction of the judgment against himself, judgment against a third party who failed to enter appearance;
(n) under Order 10, Rule 9, for leave to issue execution under third-party procedure before satisfaction by defendant of the judgment against him;
(o) under Order 12, Rule 2, for an order making a party the personal representative, trustee or other successor in interest of a party;
(p) under Order 12, Rule 4, for the proceedings to be carried on between the continuing and the new parties;
(q) under Order 13, Rule 2, for leave to join a claim by a trustee in bankruptcy as such with a claim by him in another capacity;
(r.1) under Order 16, Rule 9, for leave to enter a conditional appearance;
(r.2) under Order 16, Rule 11, for leave to receive a memorandum without its being accompanied by a retainer in writing;
(s) under Order 17, Rules 3, 4, 5, 6, 7, 8, 9 or 11 for judgment in default of appearance;
(t) under Order 17, Rule 12, for an appointment for the hearing of an originating summons in default of appearance;
(u) (Deleted);
(v) under Order 25, Rule 1, for amendment of endorsement on writ of summons or statement of claim, if before service thereof;
(w) under Order 25, Rule 5, for leave to amend a memorandum of appearance;
(x) under Order 26, Rule 11, for leave to deliver a defence to a counter-claim after lapse of time prescribed by the Rule or allowed by order;
(y) under Order 26, Rules 2, 3, 4, 5, 6, 7, 8 and 12, for judgment in default of pleading;
(z) under Order 28, Rule 1, for discovery by affidavit of documents;
(aa) under Order 32, Rule 1, for leave to issue summons to a witness less than ten days before the day on which he is required to attend;
(bb) under Order 33, Rule 8, for leave to take away exhibits;
(cc) under Order 35, Rule 4, for leave to amend notice of appeal if before service thereof;
(dd) under Order 35, Rule 6 (3), for reinstatement of appeal struck out for failure to pay balance of fees on copies, if application is made within three months of lodging the notice of appeal, or within seven days after the appeal is struck out, whichever period may last expire;
(ee) under Order 35, Rule 18, for stay of execution pending appeal;
(ff) under Order 35, Rule 20, for leave to appeal solely in regard to costs;
(gg) under Order 35, Rule 21, for dismissal of appeal in default of prosecution;
(hh) under Order 35, Rule 27, for leave to appeal under the proviso to section 18 (1) or under section 18 (3) of the Courts of Justice Law, Cap. 11;
(ii) under Order 35, Rule 30, for leave to persons suing or defending on behalf of parties under disability, to consent to limitation or exclusion of rights of appeal;
(jj) under Order 36, Rule 2, for leave to read evidence taken in another cause or matter between the same parties or their privies;
(kk) under Order 40, Rule 8, for leave to issue execution after six years have elapsed since the judgment or order or where any change has taken place in the parties entitled or liable to execution, if the Court or Judge is satisfied that it is impracticable to serve a summons or give notice thereof and the property on which it is desired to levy execution has devolved by death;
(ll) under Order 40, Rule 11, for an interim stay of execution on the ground of facts which arose too late to be pleaded;
(mm) under Order 40, Rule 15, on application by deputy sheriff for directions in regard to the execution of a writ;
(nn) under Order 47, Rule 1, for leave to enter an extra judicial order;
(oo) under Order 51, Rule 1, for leave to serve or give a summons or notice in manner other than that specified in the said Rule;
(pp) under Order 51, Rule 4, for service at short notice;
(qq) under Order 57, Rule 2, for enlargement or abridgment of time, except in regard to extension of time for appearance by third party in thirdparty procedure;
(rr) under Order 63, Rule 10, for a general search or inspection or for office copies, if by a person not a party;
(ss) in any other case in regard to which it is expressly provided that the application may be made ex parte.
(2) Ex parte applications need not (unless required by the Court or Judge) be supported by affidavit except in the cases lettered (a.1), (c), (d), (e), (f), (g), (h), (i), (k), (l), (m), (n), (o), (p), (x), (aa), (dd), (ff), (ii), (kk), (oo), (pp), (qq), (rr), of paragraph (1) of this Rule and in any other case in which it is expressly provided that the application shall be supported by affidavit. In case (ff) an affidavit need not accompany the application if it is based solely on the ground that the direction or order as to costs sought to be appealed from is contrary to the provisions of any law or Rule.
(3) The Court or Judge dealing with an application made ex parte may direct that it be made by summons with notice to such persons as the Court or Judge may think fit.
(4) Any person (other than the applicant) affected by an order made ex parte may apply by summons to have it set aside or varied and the Court or Judge may set aside or vary such order on such terms as may seem just.
9. Saving the powers conferred on the Courts and Judges by section 3 of the Courts of Justice (Supplementary Provisions) Law, Cap. 12, and section 8 of the Civil Procedure Law, Cap. 7, to make temporary orders without notice under the circumstances and in the manner mentioned and provided in the said sections, all applications other than those mentioned in Rule 8 of this Order shall be made by summons supported by affidavits of the facts relied upon with this qualification that, unless required by the Court or Judge, the undermentioned applications (and any others in which an affidavit is expressly dispensed with) need not be accompanied by affidavit-
(a) under Order 8, Rule 8, for an order in favour of advocate assigned to a pauper directing payment out of money or a charge on property recovered by the pauper;
(b) under Order 13, Rule 1, for an order for separate trials of causes united in the same action, if all the facts relied upon are apparent on the face of the proceedings;
(c) under Order 13, Rule 6, for an order confining the action to such of the causes united in the action as may be conveniently disposed of together, if all the facts relied upon are apparent on the face of the proceedings;
(d) under Order 14, Rule 1, for consolidation of libel actions;
(e) under Order 14, Rule 2, for consolidation of other actions, if all the facts relied upon are apparent on the face of the proceedings;
(f) under Order 15, Rule 1, for leave to discontinue action or withdraw defence;
(g) under Order 15, Rule 3, for judgment for costs upon discontinuance of action or in respect of matter withdrawn;
(h) under Order 17, Rule 10, for an order setting aside a judgment which is irregular on the face of the proceedings;
(i) under Order 19, Rule 6, for further and better statement of claim or defence, or further and better particulars;
(j) under Order 19, Rule 26, for an order striking out unnecessary or scandalous matter in pleadings;
(k) under Order 21, Rule 10, for exclusion of counter-claim, if all the facts relied upon are apparent on the face of the proceedings;
(l) under Order 21, Rule 14, for leave to deliver reply or subsequent pleading;
(m) under Order 24, Rule 6, for judgment on admissions of fact;
(n) under Order 26, Rules 1 and 10, for judgment in default of pleadings;
(nn) under Order 26, Rule 9, for judgment for unanswered part of claim;
(o) under Order 27, Rule 3, to strike out a pleading that discloses no cause of action or answer, or to stay or dismiss an action or enter judgment where the pleadings show the action or defence to be frivolous or vexatious;
(p) under Order 29, Rule 2, for an order to decide a question of law in the first instance (without prejudice to the express provisions of Rule 4 in that Order);
(q) under Order 35, Rule 28, for consolidation of appeals if all the facts relied upon are apparent on the records of the appeals to be consolidated;
(r) under Order 37, Rule 8, for an order directing a witness to attend or be sworn or answer a question;
(s) under Order 49, Rule 10, for an order enforcing a summons to a witness to attend before the arbitrator;
(ss) under Order 57, Rule 3, for an order for amendment, delivery or filing of pleadings during any other part of the last seven days of the period mentioned in Order 61, Rule 2 (a);
(t) under Order 60, for security of costs, if the fact relied upon is plaintiff's residence out of Cyprus and such fact appears on the writ;
(u) under Order 64, Rule 3, for setting aside proceedings for irregularity, if the irregularity is apparent on the face of the proceedings; and
(v) in any other case in regard to which it is expressly provided that the application may be made without affidavit.
10. Where a Judge in delivering his decision on an application makes use of notes or reads a written judgment, the notes made use of or the judgment read shall forthwith be handed to the Registrar to be filed.
11. Every order, if and when drawn up, shall be drawn up in the same manner as judgments are by these Rules directed to be drawn up, and when drawn up, shall show on the face of it by whom, or on whose behalf, the application was made, and the nature of the order made. Every such order may be set aside or varied in the same way as a judgment, and may be enforced in any manner in which the judgment of a Court may be enforced.
12. Every order shall from the date thereof be binding on the person on whose application the same was made and on all parties to the action on whom notice of the application was duly served. Where any party to the action has not been duly served with notice of the application, such order shall be binding on him from the date of the service of an office copy thereof upon him.
