davits may be filed by either party within fifteen days from the filing of the affidavit which they are intended to answer. 37. Affidavits in reply to counter affidavits may be filed by permission of the Judge Ordinary granted on motion or summons, but not otherwise. 38. Applications to produce a deponent in the cause, for the purpose of cross-examination, shall be made on summons to the Judge Ordinary sitting in chambers. 39. Applications on the part of a wife deserted by her husband for an order to protect her earnings and property, acquired since the commencement of such desertion, shall be made on summons to the Judge Ordinary in chambers, and supported by affidavit.—A form of application is given, No. 13. 40. Applications for the discharge of any order made to protect the earnings and property of the wife are to be founded on affidavit. 41. Petitions to the Court for the reversal of a decree of judicial separation must set out the grounds upon which the petitioner relies, as in form No. 14. 42. Any person desirous of prosecuting a suit in forma pauperis shall lay a case before counsel, and obtain an opinion from such counsel that he or she has reasonable grounds for applying to the Court for relief. 43. No person shall be admitted to prosecute a suit în forma pauperis without the order of the Judge Ordinary; and to obtain such order the case laid before counsel for his opinion, and his opinion thereon, with an affidavit of the party or of his or her attorney that the same case contains a full and true statement of all the material facts, to the best of his or her knowledge and belief, and an affidavit by the party applying that he or she is not worth £25, after payment of his or her just debts, save and except his or her wearing apparel, shall be produced at the time such application is made. 44. Where a pauper omits to proceed to trial pursuant to notice, he or she may be called upon by summons to show cause why he or she should not pay costs, though he or she has not been dispaupered, and why all further proceedings should not be stayed until such costs be paid. 45. Every application for a new trial in respect of causes tried before a jury is to be lodged in the Registry within a month from the day on which the cause was tried. 46. If the petitioner or respondent, unless by leave of the Judge Ordinary previously obtained, fail to deliver the answer, reply, or other proceeding within the time specified in these rules, the other party shall not be compelled to receive the same, unless by direction of the Judge Ordinary. The expense of every such application to the Judge Ordinary shall fall on the party causing the delay, unless the Judge Ordinary shall otherwise direct. 47. Where a special time is limited for filing affidavits, no affidavit filed after that time shall be used unless by leave of the Judge Ordinary. 48. Wherever it becomes necessary to give a notice to the opposite party in the cause, such notice shall be in writing, signed by the party, or by his or her proctor, solicitor, or attorney. 49. The addition and true place of abode of every person making an affidavit is to be inserted therein. 50. In every affidavit made by two or more persons the names of the several persons making it are to be written in the jurat. 51. No affidavit shall be read or made use of in any matter depending in court in the jurat of which there is any interlineation or erasure. 52. Where an affidavit is made by any person who is blind, or who, from his or her signature or otherwise, appears to be illiterate, the person before whom such affidavit is made is to state in the jurat that the affidavit was read in the presence of the party making the same, and that such party seemed to, and according to the belief of such person did, understand the same, and also that the said party made his or her mark or wrote his or her signature in the presence of the person before whom the affidavit was made. 53. No affidavit is to be deemed sufficient which has been sworn before the party on whose behalf the same is offered, or before his or her proctor, solicitor, or attorney, or before a clerk of his proctor, solicitor, or attorney. 54. A proctor, solicitor, or attorney, and their clerks respectively, if acting for any other proctor, solicitor, or attorney, shall be subject to the rules in respect to taking affidavits which are applicable to those in whose stead they are acting. 55. The Registry of the Court for Divorce and Matrimonial Causes, and the clerks employed therein, shall be subject to and under the control of the Registrars of the Principal Registry of the Court of Probate, in the same way and to the same extent as the principal registry of the Court of Probate and the clerks therein is and are. 56. The Record Keepers, the Clerk of papers, the Sealer, the ushers, and other officers belonging to the Court of Probate, shall discharge the same duties in the Court for Divorce and Matrimonial Causes, and in the registry thereof, as they discharge in the Court of Probate and the principal registry thereof. 57. The Judge Ordinary shall in every case in which a time is fixed by these rules for the performance of any act have a power to extend the same to such time and with such qualifications and restrictions and on such terms as to him may seem fit. FURTHER RULES AND REGULATIONS MADE UNDER The provisions of 20 & 21 Vict. c. 85, and 21 & 22 Vict. c. 108. Office Copies, Extracts, &c. 1. The Registrars of the Court of Probate are to have the custody of all pleadings and other documents now or hereafter to be brought in and filed in any matter or suit depending in the Court for Divorce and Matrimonial Causes; and all rules and orders, and fees payable in respect of searches for and inspection or copies of and extracts from and attendances with documents deposited in the Registry of the Court of Probate, shall extend to such pleadings and other documents brought in and filed in the Court for Divorce and Matrimonial Causes, save that the length of such last-mentioned documents shall in all cases be computed at the rate of seventy-two words per folio. 2. Office copies of documents furnished from the Registry of the Court of Probate will not be collated with the originals from which the same are copied unless specially required. Every copy so required to be examined shall be certified under the hand of one of the Principal Registrars of the Court of Probate to be an examined copy. Proceedings in Causes. 3. In order to prevent the time limited for bringing in answers and other pleadings and proceedings from expiring before application can be made to the Judge Ordinary for an extension thereof, any one of the Principal Registrars of the Court of Probate may, upon reasonable cause being shown, extend the time for bringing in such answer or other pleading or proceeding, provided that such time shall in no case be extended beyond the day upon which the Judge Ordinary shall next sit in open Court or in Chambers. 4. No cause is to be called on for hearing or trial until after the expiration of ten days from the day when the same has been set down as ready for hearing or trial, and notice thereof has been given, save with consent of all parties to the suit. 5. The time fixed by these Rules and Regulations, or by former Rules and Regulations made under the provisions of 20 & 21 Vict. c. 85, for bringing in petitions, answers, and pleadings, or for any other proceeding in a cause depending in the Court for Divorce and Matrimonial Causes, shall in all cases be exclusive of Sundays. Costs. 6. When an appointment has been made by a Registrar of the Court of Probate for taxing any bill of costs, and one party only attends at the time appointed, the registrar may nevertheless proceed to tax the bill after the expiration of a quarter of a hour, upon being satisfied by affidavit that due notice of the time appointed was served on the other party. 7. If more than one-sixth is deducted from any bill of costs taxed as between practitioner and client, the costs incurred in the taxation thereof shall be deducted from the sum allowed on taxation, if so much remains due, otherwise the same shall be paid by the practitioner to the client. Affidavits. 8. No affidavit will be admitted in any matter depending in the Court for Divorce and Matrimonial Causes in which any material part is written on an erasure. SUMMONSES. 1. A summons may be taken out by any person and in any matter or suit depending in the Court for Divorce and Matrimonial Causes. 2. A printed form must be obtained and filled up with the object of the summons. It must then be taken into the Registry, where the blank left in the printed form for the time when the summons is to be made returnable, will be filled up and the signature of the Registrar will be obtained. 3. The name of the cause or matter and of the agent taking out the summons is then to be entered in a book to be called the Summons Book, and the Summons returned to the applicant, who is to serve a copy on the party to be summoned. This copy (except in cases where the consent of the party to be served has been obtained and endorsed on the summons) must be served one clear day at least before the summons is returnable, and before 7 p.m. On Saturdays the copy of the summons is to be served before 2 p.m. 4. On the day and at the hour named in the summons the party issuing the same is to present himself with the original summons at the Judge's Chambers. 5. Both parties will be heard by the Judge, who will make such order as he may think fit, and a minute of such order will be made by the Registrar in the Summons Book. 6. If the party summoned do not appear after the lapse of half an hour from the time named in the summons, the other party shall be at liberty to go before the Judge, who will thereupon make such order as he may think fit. 7. An attendance on behalf of the party summoned for the space of half an hour, if the other party do not during such time appear, will be deemed sufficient, and bar the party taking out the summons from the right to go before the Judge on that occasion. 8. If a formal order is desired, the same may be had on the application of either party, and for that purpose the original summons, or the copy served on the party summoned, must be filed in the Registry. An order will thereupon be drawn up, and delivered to the person filing such summons or copy. 9. If a summons is brought to the Registry, with consent to an order, signed by the party summoned, or his proctor, solicitor, or attorney, endorsed thereon, an order will be drawn up without the necessity of going before the Judge: Provided that the order sought is in the opinion of the Registrar one which the Judge, under the circumstances, would make. (Signed) CHELMSFORD, C. CAMPBELL. A. E. COCKBURN. ED. VAUGHAN WILLIAMS. C. CRESSWELL. |