Superior Court Rules

ORDER 35

ISSUES OF FACT WITHOUT PLEADINGS

1. When the parties to a cause or matter are agreed as to the questions of fact to be decided between them, they may, after issue of the summons and before judgment, by consent and order of the court, proceed to the trial of any such questions of fact without formal pleadings; and such questions may be stated for trial in an issue in the Form No 17 in Appendix C, and such issue may be entered for trial and tried in the same manner as any issue joined in an ordinary action, and the proceedings shall be under the control and jurisdiction of the court, in the same way as the proceedings in an action.

2. The court may by consent of the parties order that, upon the finding in the affirmative or negative of such issue as in rule 1 mentioned, a sum of money, fixed by the parties, or to be ascertained upon a question inserted in the issue for that purpose, shall be paid by one of the parties to the other of them either with or without the costs of the cause or matter.

3. Upon the finding of any such issue, as in rule 1 mentioned, judgment may be entered for the sum so agreed or ascertained as aforesaid, with or without costs, as the case may be, and execution may issue upon such judgment forthwith, unless otherwise agreed, or unless the court shall order a stay of execution with a view to an appeal.

4. The proceedings upon such issue, as in rule 1 mentioned, may be recorded at the instance of either party, and the judgment, whether actually recorded or not, shall have the same effect as any other judgment in a contested action.

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