0. 59. r. 5(2A).

0. 59. r. 5(3).

Supply of copies of statement, etc.

0. 69. r. 6(1).

of the court, the other parties to the proceedings, and where any objection to the conduct of the judge or magistrate is to be made, on the judge or magistrate.

(3) An affidavit giving the names and addresses of, and the place and date of service on, all persons who have been served with the notice of motion or summons shall be filed before the notice or summons is put in the list for hearing, and, if any person who ought to be served under the provisions of paragraph (2) has not been served, the affidavit shall slate that fact and the reason why service has not been effected, and the affidavit shall be before the court on the hearing of the motion or summons.

(4) If on the hearing of the motion or summons the court or judge is of the opinion that any person who ought to have been served therewith has not been served, whether or not he is a person who ought to have been served under the foregoing provisions of this rule, the court or judge may adjourn the hear- ing, in order that the notice or summons may be served on that person, upon such terms (if any) as the court or judge may direct.

5. (1) Copies of the statement accompanying the application for leave shall be served with the notice of motion or summons, and copies of any affidavits accompanying the application for leave shall be supplied on demand and on payment of the proper charges, and no grounds shall, subject as hereafter in this rule provided, be relied upon or any relief sought at the hearing of the motion or summons except the grounds and relief set out in the said statement.

(2) The court or judge may on the hearing of the motion or summons allow the said statement to be amended, and may allow further affidavits to be used if they deal with new matter arising out of the

Right to be heard in opposition. 0.59, r. 2.

Affidavit verifying Application

0. 69. * 8(1),

affidavits of any other party to the application, and where the applicant intends to ask to be allowed to amend his statement or use further affidavits, he shall give notice of his intention and of any proposed amendiment of his statement, and shall supply on demand and upon payment of the proper charges copies of any such further affidavits.

(3) Every party to the proceedings shall supply to any other party, on demand and on payment of the proper charges, copies of the affidavits which he proposes to use at the hearing,

6. On the hearing of any such motion or summons as aforesaid, any person who desires to be heard in opposition to the motion or summons and appears to the court or judge to be a proper person to be heard shall be heard, notwithstanding that he has not been served with the notice or summons, and shall be liable to costs in the discretion of the court or judge if the order should be made.

7. (1) In the case of an application for an order of certiorari to remove any proceedings for the purpose of their being quashed, the applicant shall not question the validity of any order, warrant, commit- ment, conviction, inquisition or record, unless before the hearing of the motion or summons he has lodged a copy thereof verified by affidavit in the Registrar's Office, or accounts for his failure to do so to the satisfaction of the court or judge bearing the motion

ot summons,

(a) Where an order of certiorari is made in any such case as aforesaid the order shall direct that the proceedings shall be quashed forthwith on their removal into the Supreme Court.

$. In the case of certiorari to remove proceedings 0,58, r. 10. from a District Court or any other inferior court of civil jurisdiction or in the case of prohibition to any such court, the court or judge hearing the application

Share This Page