UNIFORM CIVIL PROCEDURE RULES 2005 - REG 29.2 Applications and requisitions for juries in proceedings other than defamation proceedings

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 29.2

29.2 Applications and requisitions for juries in proceedings other than defamation proceedings

(1) This rule applies to proceedings other than defamation proceedings.

(2) An application in proceedings to which this rule applies for the proceedings to be tried by jury must be made by notice of motion.

(3) For the purposes of section 85 of the Supreme Court Act 1970 and section 76A of the District Court Act 1973 , a requisition for a jury in proceedings to which this rule applies must be filed at the same time as the notice of motion referred to in subrule (2) is filed.

(4) Unless the court otherwise orders, a notice of motion under subrule (2) must be filed--

(a) if the notice is filed by the plaintiff--

(i) within 56 days after service on the defendant of the statement of claim, or

(ii) if a defence is served on the plaintiff within that period, within 28 days after service of the defence on the plaintiff, or

(b) if the notice is filed by the defendant--

(i) within 28 days after service on the defendant of the statement of claim, or

(ii) if, pursuant to rule 14.3, the court directs some other date for the filing of a defence, within 28 days after the date fixed by the court's direction.