RULES OF THE SUPREME COURT 1971 - ORDER 38A RULE 3

RULES OF THE SUPREME COURT 1971 - ORDER 38A RULE 3

3 .         Applications under Act s. 110 and 111 in civil proceedings

        (1)         An application under section 110 of the Act in relation to civil proceedings before the Court must be made by summons supported by an affidavit.

        (2)         An application under section 111 of the Act in relation to civil proceedings before an inferior court must be made by originating summons supported by an affidavit.

        (3)         The affidavit in support of an application must — 

            (a)         address the matters referred to in section 110(2) of the Act; and

            (b)         exhibit all such documents in the proceedings as are necessary to inform the Court of the questions at issue between the parties.

        (4)         Where the application is for an order for the issue of a letter of request the affidavit must exhibit a draft of the letter (in Form No. 28) and, if the language of the country outside the State is not English, a translation of the letter into the language of the country together with a certificate by the translator stating his name, address and qualifications for making the translation and stating that the translation is correct.

        [Rule 3 inserted: Gazette 8 Feb 1991 p. 583.]