SUPREME COURT RULES 1970 - SECT 79.11
Death of party
SUPREME COURT RULES 1970 - SECT 79.11
Death of party
79.11 Death of party
(1) Where a sole petitioner dies before the trial, his
solicitor or, if he had no solicitor, the respondent on learning of his death,
shall file notice of the death.
cf HCR, O 68, r 12.
(2) Where a respondent (other than the Electoral
Commissioner) dies before the trial, his solicitor or, if he had no solicitor,
the petitioner on learning of his death, shall file notice of the death.
cf Representation of the People Act, 1949 (Eng), s 134 (1) and Election
Petition Rules, 1960 (Eng), r 16.
(3) The Prothonotary shall publish notice
of the death in a newspaper circulating in the Electoral District.
(4) The
notice shall add a statement to the effect that any person who might have been
a petitioner may, not later than 28 days after the publication of the notice,
apply by motion to the Court at such time and place as the Court may appoint,
to be substituted as a petitioner or as a respondent as the case may require.
