Circuit Court Rules

ORDER 29

JUDGMENT BY CONSENT IN THE OFFICE

1. A defendant may, in accordance with the provisions of this Order, at any stage of the proceedings, consent to judgment being entered against him. In all cases other than those for which provision is made by the following rules of this Order judgment by consent shall be entered only by order of the court.

2. Judgment by consent without reference to the court may be entered in the office only where —

(a) all the parties to the consent are sui juris, and

(b) the consent is to judgment for ejectment, rent, mesne profits, debt, damages for breach of contract or in tort, or for the delivery of specific goods or chattels, and

(c) the consent is to judgment upon the plaintiff’s claim without terms or conditions other than terms or conditions as to stay of execution or payment by instalments.

[SI 312/07]

3. A consent may be to judgment determining only the issue of the defendant’s liability upon the plaintiff’s claim, or part thereof, and reserving the right to have all other issues and matters determined by the court.

4. No consent to judgment shall be sufficient unless it is in writing, and signed by the defendant so consenting, and by a solicitor, if represented by a solicitor. On lodgment in the office of such consent, which shall be accordance with Form 4 of the Schedule of Forms annexed hereto, together with an affidavit verifying the execution thereof by the consenting defendant, judgment may be entered in the office against such defendant in the terms of the consent without reference to the court.

5. Where the plaintiff’s civil bill includes claims in respect of two or more separate or distinct causes of action a defendant may, in accordance with the provisions of this Order, consent to judgment in respect of any one claim, and appear and defend in respect of any other.

6. Where the plaintiff’s civil bill includes a claim for a debt or liquidated demand in money, or for the delivery of specific goods or chattels, a defendant may in accordance with the provisions of this Order, consent to judgment in respect of portion of such debt, demand or goods, as the case may be, and appear and defend as to the remainder.

7. The County Registrar may in any case refuse to enter judgment by consent in the office, and in any such case he shall refer the matter to the court.

8. The provisions of this Order shall, with the necessary modifications, apply to counterclaims.

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