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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 84.02

Authority of judicial registrars

    (1)     Without limiting any other powers of a judicial registrar, a judicial registrar may, subject to this Order, hear and determine—

        (a)     an application under Rule 5.12 to extend the period of validity for service of a writ or an originating motion that has not been served;

        (b)     an application under Rule 6.10 for substituted service;

        (c)     an application under Rule 9.09 to change a party on death, bankruptcy, assignment or transmission;

        (d)     an application under Rule 20.03 (except paragraph (4)) for leave for a solicitor to cease to act for a party in a proceeding;

        (e)     an application under Rule 67.02 or  67.03 for an order that a person bound by a judgment attend for examination or produce documents or things;

        (f)     an application under Rule 68.02 for leave to issue a warrant of execution;

        (g)     an application under Rule 68.05 to extend the period of validity of a warrant of execution;

        (h)     an application under Rule 69.03 for leave to issue a warrant while another warrant issued in respect of the same judgment is in force;

              (i)     an application under Rule 69.06(5) to dispense with service of a copy of an advertisement for sale by the sheriff;

        (j)     an application under Rule 71.04 for the filing and service of a garnishee summons;

        (k)     an application under any provision of Order 72 (attachment of earnings).

    (2)     For the purposes of hearing and determining an application referred to in paragraph (1)—

        (a)     the judicial registrar constitutes the Court; and

        (b)     all the powers of the Court in relation to the hearing and determination of such an application are delegated to the judicial registrar.

Note

A judicial registrar in the Costs Court may perform the functions and exercise the powers conferred on a judicial registrar by and under Division 2B of Part 2 of the Act. A judicial registrar who is the Registrar of the Court of Appeal has the duties, powers and authorities imposed or conferred on the Registrar of the Court of Appeal by or under section 113O of the Act and Order 64 of these Rules. A judicial registrar who is the Registrar of Criminal Appeals has the duties, powers and authorities imposed or conferred on the Registrar of Criminal Appeals by or under section 113P of the Act and Chapter VI of the Rules of the Supreme Court.

By virtue of Order 61 of these Rules, a judicial registrar is the proper officer of the Court for the purposes of the Judgment Debt Recovery Act 1984 and in that capacity has the powers and duties conferred by Order 61 on a judicial registrar.

See also the further powers of a judicial registrar set out in Order 67 or Order 79 of these Rules and in Chapter V of the Rules of the Supreme Court.



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