Court Rules for Divorce and Matrimonial Causes




Dec. 22.] THE NEW ZEALAND GAZETTE. 3327

  1. After the time for filing affidavits and proof has expired, the party filing the act on petition is to set down the petition for hearing in the same manner as a cause ; and, in the event of his failing to do so within a month, any party who has filed an answer thereto may set the same down for hearing ; and the petition will be heard in its turn with other causes, to be heard by the Judge, without a jury.

PETITION FOR REVERSAL OF DECREE OF JUDICIAL SEPARATION.

  1. A petition to the Court for the reversal of a decree of judicial separation must set out the grounds on which the petitioner relies. A form of petition is given in the Schedule hereto.

  2. Before such a petition can be filed, an appearance on behalf of the party praying for a reversal of the decree of judicial separation must be entered in the cause in which the decree has been pronounced.

  3. A certified copy of such petition, under the seal of the Court, shall be delivered personally to the party in the cause in whose favour the decree has been made, who may, within fourteen days, file an answer thereto in the registry, and shall, on the day on which the answer is filed, deliver a copy thereof to the other party in the cause, or to his or her solicitor.

  4. All subsequent pleadings and proceedings arising from such petition and answer shall be filed and carried on in the same manner as before directed in respect of an original petition for judicial separation, and answer thereto, so far as such directions are applicable.

INTERVENTION OF THE ATTORNEY-GENERAL.

  1. The Attorney-General or the Solicitor-General, if he shall think fit to oppose any petition which he has by law a right to oppose, shall, within fourteen days after he has received a copy of the petition, enter an appearance and plead to the petition, and on the day he files his plea in the registry shall deliver a copy thereof to the petitioner, or to his or her solicitor.

  2. All subsequent pleadings and proceedings in respect to the Attorney or Solicitor General’s intervention in any cause shall be filed and carried on in the same manner as before directed in respect of the pleadings and proceedings of the original parties to the cause.

  3. Where the Attorney-General or Solicitor-General desires to show cause against making absolute a decree nisi for dissolution or nullity of marriage, he shall enter an appearance in the cause in which such decree nisi has been pronounced, and shall within fourteen days after entering such appearance file his plea in the registry, setting forth the grounds upon which he desires to show cause as aforesaid, and, on the day he files his plea, shall deliver a copy thereof to the person in whose favour such decree was pronounced, or to his or her solicitor ; and all subsequent pleadings and proceedings in respect thereof shall be filed and carried on in the manner prescribed by the last preceding rule.

SHOWING CAUSE AGAINST A DECREE NISI FOR DISSOLUTION.

  1. Any person other than the Attorney-General or Solicitor-General wishing to show cause against making absolute a decree nisi for dissolution of a marriage shall enter an appearance in the cause in which such decree nisi has been pronounced.

  2. Every such person shall at the time of entering an appearance, or within four days thereafter, file affidavits setting forth the facts upon which he relies.

  3. Upon the same day on which such person files his affidavits he shall deliver a copy of the same to the party in the cause in whose favour the decree nisi has been pronounced.

  4. The party in the cause in whose favour the decree nisi has been pronounced may, within eight days after delivery of the affidavits, file affidavits in answer, and shall, upon the day such affidavits are filed, deliver a copy thereof to the person showing cause against the decree being made absolute.

  5. The person showing cause against the decree nisi being made absolute may, within eight days, file affidavits in reply, and shall, upon the same day, deliver copies thereof to the parties supporting the decree nisi.

  6. No affidavits are to be filed in rejoinder to the affidavits in reply without permission of the Court, or a Judge thereof.



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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 - Procedural Rules for Petitions and Hearings (continued from previous page)

⚖️ Justice & Law Enforcement
Divorce, Matrimonial Causes, Court Rules, Petitions, Hearings, Affidavits, Decrees, Attorney-General