(1) A proceeding for an order that a creditor have leave to commence a proceeding for a grant of administration shall be commenced by originating motion in accordance with Form 5D supported by affidavit.
(2) There shall be no respondent in the proceeding.
(3) The proceeding may be heard:
(a) in the absence of the public; and
(b) without the attendance before the Court of a person.
(4) The proceeding shall be heard without an appointment being obtained for the hearing.
(5) Order 46 does not apply to a proceeding under this rule.
(6) A creditor applying for leave under this rule shall file:
(a) an affidavit in proof of the debt to him;
(b) an affidavit of compliance with rule 88.32 and that none of the persons cited has complied with the citation;
(c) an administration bond in accordance with Form 88N; and
(d) where necessary, an affidavit of justification, in accordance with Form 88P, of a surety to the bond.
(8) A draft minute of the order sought shall be lodged with the Registrar.
(9) The order shall be authenticated in accordance with the General Rules after the minute of it is signed.
(10) The Court may require further evidence to be furnished, further documents to be filed, and that further citations be served and notices be given.