972

THE NEW ZEALAND GAZETTE.

[No. 42

Petition.

4. Proceedings before the Supreme Court under “The Divorce and Matrimonial Causes Act, 1867,” shall be commenced by filing a petition. (Appendix, Form No. 1.)

Co-respondents.

5. Upon a husband filing a petition for dissolution of marriage on the ground of adultery, the alleged adulterers shall be made co-respondents in the cause, unless the Judge shall otherwise direct.

6. Application for such direction is to be made to the Judge on motion founded on affidavit.

7. If the names of the alleged adulterers, or either of them, should be unknown to the petitioner at the time of filing his petition the same must be supplied as soon as known, and application must be made forthwith to the Registrar to amend the petition by inserting such name therein; and the Registrar to whom the application is made shall give his directions as to such amendment, and such further directions as he may think fit as to service of the amended petition.

8. The term “respondent,” where the same is hereinafter used, shall include all co-respondents so far as the same is applicable to them.

9. Every petitioner who files a petition shall forthwith serve a copy thereof under the seal of the Court on each respondent in the cause, accompanied by a writ of summons. (Appendix, Form No. 2.)

10. Copies of the petition and writ of summons shall be served personally, unless a Judge shall otherwise order.

11. Proof of service, or of the substituted service permitted, shall be filed in the Registrar’s office.

12. The above rules, so far as they relate to the service of copies of petition and writ of summons, are to apply to the service of all other instruments requiring personal service.

13. No step shall be taken in a cause after the filing of the petition until service is proved or a statement of defence by a respondent has been filed.

14. A respondent desiring to appear in a cause shall leave an appearance in the form in the Schedule to these rules. (Appendix, Form No. 6.)

15. An appearance may be entered at any time before a proceeding has been taken in default, or afterwards, as hereinafter directed, or by leave of the Judge, or of the Registrar in his absence.

16. Every entry of an appearance shall be accompanied by an address within three miles of the Registrar’s office.

17. If a party summoned wishes to raise any question as to the jurisdiction of the Court he or she must enter an appearance under protest, and within eight days file in the Registrar’s office a notice of motion setting forth the grounds upon which such question is raised, and forthwith deliver a copy thereof to the petitioner. After the entry of an absolute appearance to the writ of summons a party summoned cannot raise any objection as to jurisdiction without the leave of the Court.

Interveners.

18. Application for leave to intervene in any cause must be made to the Judge by motion.

19. Every party intervening must join in the proceedings at the stage in which he finds them, unless it is otherwise ordered by the Judge.

Suits in Formâ Pauperis.

20. Any person desirous of prosecuting a suit in formâ pauperis is to lay a case before counsel, and obtain an opinion that he or she has reasonable grounds for proceeding.

21. No person shall be admitted to prosecute a suit in formâ pauperis without the order of the Judge, and, to obtain such order, the case laid before counsel, and his opinion thereon, with an affidavit of the party or of his or her solicitor that the said 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 of the party applying as to his or her income or means of living, and that he or she is not worth £50 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.

22. Where a husband admitted to sue as a pauper neglects to pursue in a cause, he may be called upon by summons to show cause why he should not pay costs, though he has not been dispaupered, and why all further proceedings should not be stayed until such costs be paid.

Statement of Defence or Answer.

23. Each respondent who has entered an appearance may, within fourteen days after service of copy of petition and writ of summons on him or her if he or she resides within twenty miles of the Registrar’s office, or within twenty-one days if he or she resides more than twenty but within fifty miles of such office, or within twenty-eight days if he or she resides more than fifty miles from such office, file a statement of defence or answer to the petition. (Form of Statement of Defence, Appendix, Form No. 7.)

24. Every statement of defence or answer which contains matter other than a simple denial of the facts stated in the petition shall be accompanied by an affidavit made by the respondent, verifying such additional matter so far as he or she has personal cognisance thereof, and deposing as to his or her belief in the truth of the rest of such other additional matter; and such affidavit shall be filed with the answer.

25. Each respondent shall, on the day he or she files a statement of defence, deliver a copy thereof to the petitioner, or to his or her solicitor.

If in any statement of defence charges are made against the petitioner, such charges shall be deemed to be denied unless the petitioner files a reply stating they are true.

General Rules as to Pleading.

26. Any party desiring to alter or amend any pleading must apply by summons to a Judge at Chambers for permission to do so, unless the alteration or amendment be merely verbal or in the nature of a clerical error, in which case it may be made by leave of the Judge, or the Registrar in his absence, obtained ex parte.

27. A Judge, or a Registrar in the Judge’s absence, may at any time order the amendment of any pleading, and in ordering the amendment shall fix the time the other party shall have to reply to the pleading as amended.

28. Application may be made for further particulars of matters pleaded.

29. In all cases where personal service shall not be required, all pleadings, judgments, orders, notices, and other written communications requiring to be served upon a party to a suit shall be served as in the next four rules mentioned.

30. When the party to be served sues, files a petition, or appears or defends by solicitor, they shall be delivered to or left for such solicitor at his address for service (if any) or, in cases in which such solicitor is not required to give an address for service, at his office or place of business, before four o’clock in the afternoon.

31. When the party to be served sues, files a petition, or appears or defends in person, they shall be delivered to him or her or left for him or her at his address for service, or his or her place of residence in cases in which he or she is not required to give an address for service, with a domestic servant or any person whose business it is or who has authority from him or her to receive messages and convey the same to him or her.