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Motions (a) Number of Judges Necessary to Determine Motions. (1) Ordinary Practice. Court-appointed expert’s report to be sent to registrar 31.50. A larger group of cases, supported by commentators, has taken the view that if the responding party lacks knowledge, he must inform himself in reasonable fashion. Service of the motion shall be made as provided in subdivision (a) of this rule. (d) Public officers; death or separation from office. (1) When a public officer is a party to an action in an official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and the officer's successor is automatically substituted as a party.

Pages: 514

Publisher: Springer; 1 edition (November 1, 1985)

ISBN: 0306419831

The Revised Statutes of the State of New York: As Altered by Subsequent Legislation: Together with the Unrepealed Statutory Provisions of a General Nature, Passed from the Time of the Revision to the Close of the Session of the Legislature of 1

Civil Procedure (University Textbook Series)

Any order giving leave to effect such service or give such notice shall limit a time after such service or notice within which the defendant is to enter an appearance, such time to depend on the place or country where or within which the writ is to be served or the notice given, and on whether the airmail is available to the defendant. 17. (1) When the defendant is neither a Commonwealth citizen nor in any Commonwealth country, notice of the writ and not the writ itself, shall be served upon him. (2) Where leave is given under the foregoing provisions to serve notice of the writ of summons out of the jurisdiction, the notice shall be served in the manner in which writs of summons are served. 18. (1) Service out of the jurisdiction may be allowed by the Court or a Judge in chambers of the following processes or of notices thereof, that is to say- (a) an originating summons, where the proceedings begun by an originating summons might have been begun by a writ of summons within these Rules; (i) in relation to an infant or lunatic or person of unsound mind, (ii) under any law or enactment under which proceedings can be commenced otherwise than by writ of summons, or (iii) under any rule of Court whereunder proceedings can be commenced otherwise than by writ of summons; (c) without prejudice to the generality of subparagraph (b) of this paragraph, any summons, order or notice in any interpleader proceedings or for the appointment of an arbitrator or umpire or to remit, set aside, or enforce an award in an arbitration held or to be held within the jurisdiction; (d) any summons, order or notice in any proceedings duly instituted whether by writ of summons or other such originating process as aforesaid. (2) Where the person on whom an originating summons, petition, notice of motion, or other originating proceedings or a summons, order, or notice is to be served is neither a Commonwealth citizen nor residing within a Commonwealth country, a copy of the document concerned shall be served, together with an intimation in writing that a process in the form of the copy has been issued or otherwise launched. (3) The provisions of rules 15, 16 and 17(2) of this Order shall apply mutatis mutandis to service under this Rule. 19. (1) Where leave is given to serve a writ of summons or a notice of a writ of summons in any foreign country other than a country which a convention in that behalf has been made, the following procedure may be adopted- (a) the document to be served shall be sealed with the seal of the Court for use out of the jurisdiction, and shall be transmitted to the Director-General of the Ministry of Justice by the Chief Registrar on the direction of the Chief Judge, together with a copy thereof translated into the language of the country in which service is to be effected and with a request for transmission to the Minister responsible for external affairs for the further transmission of the same to the Government of the country in which leave to serve the document has been given and such request shall be in Form 7 in the Appendix to these Rules with such variations as circumstances may require; (b) the party bespeaking a copy of a document for service under this Rule shall, at the time of bespeaking the document, file a praecipe in Form 8 of the Appendix to these Rules; (c) an official certificate, or declaration upon oath or otherwise, transmitted through the diplomatic channel by the Government or Court of a foreign country to which this provision applies, to the Court, shall, provided that it certifies or declares the document to have been personally served, or to have been duly served upon the defendant in accordance with the law of that foreign country, or words to that effect, be deemed to be sufficient proof of such service and shall be filed on record as, and be equivalent to, an affidavit of service within the requirements of these Rules in that behalf; (d) where an official certificate or declaration, transmitted to the Court in the manner provided in sub-paragraph (c) of this paragraph certifies or declares that efforts to serve the document have been without effect, the Court or a Judge may, upon the ex parte application of the plaintiff, order substituted service of the document, and the document and a copy of it, and the order, shall be sealed and transmitted to the Director-General of the Ministry of Justice in the manner aforesaid together with a request in Form 9 of the Appendix to these Rules, with such variations as circumstances may require. (2) Nothing herein contained shall in any way prejudice or affect any practice or power of the Court under which when lands, funds, chooses in action, rights or property within the jurisdiction are sought to be dealt with or affected, the Court may, without affecting to exercise jurisdiction, over any person out of the jurisdiction, cause that person to be informed of the nature or existence of the proceedings with a view to that person having an opportunity of claiming, opposing or otherwise intervening. 20. (1) Where, for the purpose of an action under the Civil Aviation Act and the Convention therein set out, leave is given to serve a notice of writ of summons upon a high contracting arty to the Convention other than Nigeria, the provisions of this rule shall apply. (2) The notice shall specify the time for entering an appearance as limited in pursuance of rule 16 of this Order. (3) The notice shall be sealed with the seal of the Court for service out of the jurisdiction, and shall be transmitted to the Ministry of Justice, together with a copy thereof translated into the language of the country of the defendant, and with a request for transmission to the Minister responsible for external affairs for further transmission of the same to the Government of that country. (4) The request shall be in Form 10 in the Appendix to these Rules with such variations as circumstances may require. (5) The party bespeaking a copy of a document for service under this rule shall at the time of bespeaking the document file a praecipe in Form 9 in the Appendix to these Rules. (6) An official certificate from the Minister responsible for external affairs transmitted by the Ministry of Justice or otherwise to the Court certifying that the notice was delivered on a specified date to the Government of the country of the defendant shall be deemed to be sufficient proof of service and shall be filed of record as, and be equivalent to, an affidavit of service within the requirements of these Rules in that behalf. (7) After entry of appearance by the defendant, or, if no appearance is entered after expiry of the time limited for appearance, the action may proceed to judgment in all respects as if the defendant had for the purposes of the action waived all privileges and submitted to the jurisdiction of the Court. (8) Where it is desired to serve or deliver a summons, order or notice in the proceedings on the defendant out of the jurisdiction, the provisions of these Rules shall apply with such variations as circumstances may require. 21 , e.g. The Code of civil procedure of download for free download for free.

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