Divorce and Matrimonial Causes Rules




Dec. 22.] THE NEW ZEALAND GAZETTE. 3325

  1. Every 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 other 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 or additional matter; and such affidavit shall be filed with the answer.

  2. In cases involving a decree of nullity of marriage, or of judicial separation, or of dissolution of marriage, or a decree in a suit of jactitation of marriage, the respondent, who is husband or wife of the petitioner, shall, in the affidavit filed with the answer, further state that there is not any collusion or connivance between the deponent and the petitioner.

  3. Where the respondent intends to apply for relief under the provisions of section 51 of the Act, the answer of such respondent shall conclude with a prayer for the relief to which such respondent claims to be entitled. An answer may be amended by leave of the Court, or a Judge thereof, by adding such a prayer at or before the trial.

REPLY.

  1. Where the answer filed by any respondent contains any charge against the petitioner, the petitioner shall within ten days from the filing and delivery of the answer file a reply thereto and deliver a copy of such reply to the opposite parties or their solicitors.

GENERAL RULES AS TO PLEADINGS.

  1. Every pleading shall give such particulars of time, place, names of persons, and other circumstances as will suffice to inform the opposite party of the matters relied on as grounds of relief or defence.

  2. Any party desiring to alter or amend any pleading must apply to the Court, or a Judge thereof, for leave to do so. Where the alteration or amendment is merely verbal or for the purpose of correcting a clerical error, leave to make it may be obtained ex parte.

  3. When a petition, answer, or other pleading has been ordered to be altered or amended, the time for filing and delivering a copy of the next pleading shall be reckoned from the time of the order having been complied with.

  4. A copy of every pleading, showing the alterations and amendments made therein, shall be delivered to the opposite parties on the day such alterations and amendments are made in the pleadings filed in the registry; and the opposite parties, if they have already pleaded in answer thereto, shall be at liberty to amend such answer within four days, or such further time as may be allowed for the purpose.

  5. If any party in the cause fail to file or deliver a copy of the answer, reply, or other pleading, or to alter or amend the same, or to deliver a copy of any altered or amended pleading, within the time allowed for the purpose, the party to whom the copy of such answer, reply, or other pleading, or altered or amended pleading, ought to have been delivered, shall not be bound to receive it; and such answer, reply, or other pleading shall not be filed, or be treated or considered as having been filed, or be altered or amended, unless by order of the Court, or a Judge thereof. The expense of obtaining such order shall fall on the party applying for it, unless otherwise ordered.

  6. The Court, or a Judge thereof, may order further particulars to be given of any matters pleaded, and that such particulars shall be verified by affidavit. In the absence of a Judge the Registrar shall have power to make such an order.

SERVICE OF PLEADINGS, ETC.

  1. The provisions of Rules 583 to 588 of the Code of Civil Procedure in the Supreme Court shall apply, mutatis mutandis, to the service of all pleadings and other instruments under the Act or these rules.

TRIAL.

  1. The trial of causes under the Act shall take place at sittings of the Court to be appointed for the purpose in the manner prescribed by section 52 of “The Judicature Act, 1908.”


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1909, No 107





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⚖️ Rules for Divorce and Matrimonial Causes Act, 1908 - Further Procedural Rules (continued from previous page)

⚖️ Justice & Law Enforcement
Divorce, Matrimonial Causes, Court Rules, Pleadings, Affidavits, Collusion, Connivance, Trial, Civil Procedure