✨ Rules of Court
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All persons may be joined as plaintiffs in whom the right to any relief claimed is alleged
to exist, whether jointly, severally, or in the alternative, and judgment may be given for such one
or more of the plaintiffs as are found entitled to relief for such relief as they are entitled to,
without any amendment. -
Where an action has been commenced in the name of the wrong person as plaintiff, or
where it is doubtful whether it has been commenced in the name of the right plaintiff or plaintiffs,
the Court or the Judge thereof may at any time, if satisfied that it has been so commenced through
a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so
to do, order any other person or persons to be substituted or added as plaintiff or plaintiffs, upon
such terms as may seem just. -
All persons may be joined as defendants against whom the right to any relief is alleged
to exist, whether jointly, severally, or in the alternative, and judgment may be given against such
one or more of the defendants as are found to be liable, according to their respective liabilities,
without any amendment. -
It shall not be necessary that every defendant to an action shall be interested as to all the
relief prayed for, or as to every cause of action included therein; but the Court or the Judge
thereof may make such order as appears just to prevent any defendant from being embarrassed or
put to expense by being required to attend any proceedings in the action in which he may have
no interest. -
When in any action the plaintiff is in doubt as to the person from whom he is entitled to
redress, he may join two or more defendants, to the intent that in such action the question as to
which (if any) of the defendants is liable, and to what extent, may be determined as between all
parties to the action. -
Any two or more persons claiming or being liable as partners may sue or be sued in the
name of their respective firms (if any), and the opposite party may in such case apply for the
names of the persons who are partners in any such firm, and until an affidavit has been filed stating
the names and addresses of such partners all proceedings in the action on the part of such partners
shall be stayed. -
Any person carrying on business in the name of a firm apparently consisting of more
than one person may be sued in the name of such firm. -
Any minor above the age of eighteen years may sue or be sued in the same manner as if
he were of the full age of twenty-one years. -
Minors below the age of eighteen years and idiots or lunatics may sue and defend by a
guardian ad litem admitted for that purpose by the Court or the Judge thereof. -
The Court or the Judge thereof may on application ex parte admit any person as the
guardian ad litem of a minor, idiot, or lunatic. -
The writ of summons and statement of claim may be served upon any defendant being a
minor under the age of eighteen years or an idiot or lunatic, although no guardian ad litem has
been admitted, but no further step shall be taken in the action until a guardian ad litem is ad-
mitted. -
If no application is made for admission as guardian ad litem to any such defendant within
five days after service of the writ of summons, the Court or the Judge thereof, on the ex parte
application of the plaintiff, may order that a solicitor, who consents thereto, do act as guardian
ad litem of the defendant, and the defendant shall be liable to pay to the solicitor so appointed
his costs of defending the action : Provided that in the case of a lunatic defendant the Court or
the Judge thereof may order his committee to act as guardian ad litem. -
A guardian ad litem, other than a solicitor appointed under the last preceding rule, shall
be liable for the costs of the action in the same manner as if he were a party to the action. -
A guardian ad litem may be removed by the Court or the Judge thereof upon sufficient
cause being shown. In the case of the death, retirement, or removal of a guardian ad litem, a
fresh guardian shall be admitted in the same manner as the original guardian. A guardian ad
litem shall not be permitted to retire without the leave of the Court or the Judge thereof. -
No action shall be defeated by reason of the misjoinder of parties, and the Court may in
every action deal with the matter in controversy so far as regards the rights and interests of the
parties actually before it. -
The Court or the Judge thereof may at any stage of the proceedings, either upon or with-
out the application of either party, and on such terms as appear to the Court or Judge to be just,
order that the name of any party, whether as plaintiff or defendant, improperly joined be struck
out, and that the name of any person who ought to have been joined, or whose presence before the
Court is considered necessary or advisable for doing complete justice in the matter of the action,
be added, whether as plaintiff or defendant. -
No person shall be added as a plaintiff without his own consent.
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An application to add or strike out or substitute a plaintiff or defendant may be made
at any time before trial or at the trial of the action. -
When a defendant is added, unless otherwise ordered by the Court or Judge, the plain-
tiff shall serve on that defendant a copy of the order joining him as a party and of the statement
of claim in the action, and may, before service, amend the statement of claim in such manner as
the joinder of such new defendant renders desirable. -
If the statement of claim is amended under the last preceding rule, the statement of claim
filed in the Court and served upon the original defendant shall be amended in the same manner,
or copies of such amended statement of claim shall be filed in the Court and served upon the original
defendant.
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✨ LLM interpretation of page content
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Rules of Court regarding parties to legal actions
(continued from previous page)
⚖️ Justice & Law EnforcementCourt rules, Civil procedure, Parties, Plaintiffs, Defendants, Minors, Lunatics, Guardians ad litem, Joinder of parties, Misjoinder
11 names identified
- Unknown, minor under eighteen
- Unknown, idiot or lunatic
- Unknown, solicitor appointed guardian
- Unknown, lunatic defendant
- Unknown, minor under eighteen
- Unknown, idiot or lunatic
- Unknown, solicitor appointed guardian
- Unknown, lunatic defendant
- Unknown, person added as plaintiff
- Unknown, person added as defendant
- Unknown, new defendant joining action
NZ Gazette 1909, No 19