Circuit Court Rules

ORDER 35

TRANSFER OF ACTIONS

1. Whenever the High Court shall transfer any action or proceeding to the court, the plaintiff shall lodge with the County Registrar, within 14 days from the date of the order for transfer, the summons and all pleadings, orders, and all documents already delivered or made, and thenceforward the action or proceeding shall be taken and heard in the court as if it had been originally commenced therein, and the costs of the action or proceeding up to the date of the order for transfer shall be determined by the Judge unless the order of transfer shall otherwise direct.

2. Where in any case of transfer in the last preceding rule mentioned, the plaintiff shall have omitted or refused to lodge the documents in the said rule prescribed, the defendant may, at any time after the time limited in the said rule, lodge the said documents or a certified copy of the order for transfer, and copies of the other documents verified by affidavit, and thereupon the action shall proceed as in the last preceding rule prescribed.

3. The party lodging the said documents as in the last two preceding rules provided, shall within 14 days of such lodgment, file and serve on the other party a notice that the said documents have been lodged with the County Registrar.

4. When any action or proceeding shall be sent forward or transferred to the High Court from the court, the County Registrar shall transmit to the proper officer of the High Court the file in the action or proceeding.

5. In any case where the defendant has not delivered a defence before the transfer of the action, the time for filing and serving a defence, unless the order of transfer shall otherwise direct, shall be 10 days from the date of service of the notice provided by rule 3 of this Order. Where the defendant has, as provided by rule 2 of this Order, lodged the documents with the County Registrar, the time for filing and serving a defence, unless the order of transfer shall otherwise direct, shall be 10 days from the date of such lodgment.

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