Superior Court Rules

ORDER 1

COMMENCEMENT OF PROCEEDINGS

1. Save as otherwise provided in these Rules, civil proceedings in the High Court shall be instituted by a summons of the court to be called an originating summons.

2. An originating summons for the commencement of plenary proceedings with pleadings and hearing on oral evidence (in these Rules called a plenary summons) shall (save in admiralty proceedings) be in the Form No 1 in Appendix A, Part I.

[SI 248/05]

3. An originating summons for the commencement of summary proceedings without pleadings and to be heard on affidavit with or without oral evidence (in these Rules called a summary summons) shall, in the case of any claim mentioned in Order 2, rule 1, be in the Form No 2 in Appendix A, Part I.

4. An originating summons for the commencement of summary proceedings without pleadings and to be heard on affidavit with or without oral evidence (in these Rules called a special summons) shall, in the case of any claim mentioned in Order 3 (other than in admiralty proceedings) be in the Form No 3 in Appendix A, Part I.

5. Any costs occasioned by the use of any forms of summonses or of indorsements thereon, other or more prolix than the forms in these Rules prescribed shall be borne by the party using the same, unless the court shall otherwise direct.

6. In all proceedings (other than to take a minor into wardship) commenced by originating summons, procedure by plenary summons shall be obligatory except where procedure by summary summons or by special summons is required or authorised by these Rules.

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