Magistrates' Court Rules




852·
THE NEW ZEALAND GAZETTE.
[No. 44

from Christmas Eve to the 3rd January, both inclusive; the birthday of the reigning Sovereign; the birthday of His Royal Highness the Prince of Wales; and, in each district, the anniversary of the establishment of the province. A Clerk will, however, attend at 10 a.m. on every holiday to transact any urgent business, unless the Magis-
trate shall specially dispense with such attendance.

  1. Plaint-book.

The Clerk shall keep the Plaint-book in the Form No. 1 in Appendix A hereto. The names, last-known places of abode, and occupations of both plaintiffs and defendants shall, in all cases where they are known, be entered in full.

  1. Plaint-note.

The plaint-note shall be in one of the Forms No. 7, 7A, or 7B in Appendix A hereto. No entry shall be made in the Plaint-book until the plaint-note shall have been delivered to the Clerk, with the prescribed fee affixed thereon in stamps. The number of the plaint and the title of the action, together with the date of hearing, the several adjournments, if any, the particulars of the judgment when given, the name of the Magistrate or Justices by whom given, and the names of the solicitors appearing, if any, shall be indorsed thereon. The name of each witness and by whom summoned shall also be entered on the plaint-note opposite to the stamp denoting the fee for the subpoena.

The Clerk shall keep the plaint-note, together with all processes, notices, orders, and other documents relating to the action, in a separate bundle, properly secured and indorsed. All plaint-notes shall be filed in numerical order of each year.

  1. Statement of Claim.

The full and explicit statement in writing of the particulars of plaintiff’s claim, which he is to deliver to the Clerk, shall be headed “Statement of Claim,” and forms similar to those in Appendix B hereto may be used. Where the plaint is entered by a solicitor his name and address shall appear at the foot of the statement of claim.

  1. When Summons to be issued.

All summonses shall, if possible, be issued on the day upon which they are applied for, and forwarded or handed to the proper officer or person for service not later than the day after application.

  1. Computation of Time for Service of Summons.

In computing the three clear days for service of a summons under section 71 of the Act, no Sunday or Court holiday shall be counted; and, in fixing the longer interval therein referred to, due consideration shall be given to the distance which the defendant resides from the Court, and to the interval necessary for service of a counter-claim.

  1. Record of Foreign Processes.

Whenever a summons is required to be sent to a foreign Court for service, the Clerk shall send therewith a memorandum in the Form No. 9 in Appendix A hereto, and shall enter in the Plaint-book in the columns for the purpose the date, and the name of the foreign Court to which it is sent.

The Clerk shall also send a memorandum in the Form No. 10 in the said Appendix, with any warrant required to be executed by the Bailiff of any foreign Court, and shall enter in the Warrant-book (Form No. 3) the date and the name of the foreign Court to which it is sent.

The Clerk shall keep a book in the Form No. 4 in Appendix A hereto, in which he shall enter all processes received from foreign Courts for service or execution.

  1. Civil Record-book.

The Clerk shall, previous to every sitting of the Court, enter in the Civil Record-book in the Form No. 2 in Appendix A hereto, in their numerical order, every case the hearing of which is fixed for or stands adjourned to that day. A memorandum of the decision of the Court shall be entered in the Civil Record-book opposite each case, and the Magistrate or Justices hearing each case shall subscribe his or their signature or signatures thereto. The Clerk shall keep an alphabetical Index to the Civil Record-book, and shall make the necessary entries in the said Index at least once in each week.

  1. Minute-book.

The Clerk shall keep a book to be known as the “Minute-book,” in which shall be entered minutes of proceedings and orders of an interlocutory nature, of applica-
tions to the Magistrate, of orders which a Magistrate is empowered or directed to



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1894, No 44





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⚖️ Rules for Magistrates' Courts (continued from previous page)

⚖️ Justice & Law Enforcement
4 June 1894
Magistrates' Courts, Rules, Regulations, Plaint-book, Plaint-note, Summons, Foreign Processes, Civil Record-book, Minute-book