(1) A citation shall
be settled by the Registrar before being issued.
(2) An averment in a
citation, and such other information as the Registrar may require, shall be
verified by an affidavit sworn by the person issuing the
citation (in these rules called "the citor") or, if there are 2 or more
citors, by one of them; but the Registrar may in special circumstances accept
an affidavit sworn by the citor’s solicitor.
(3) The citor shall
enter a caveat before issuing a citation.
(4) A citation shall
be served personally on the person cited unless the Registrar, on cause shown
by affidavit, directs some other mode of service, which may include notice by
advertisement.
(5) A will referred to
in a citation shall be lodged in the Registry before the citation is issued,
except where the will is not in the possession of the citor and the Registrar
is satisfied that it is impracticable to lodge it.
(6) A person who has
been cited to appear may, within such time as the Registrar may fix, or at any
time thereafter if no application has been made by the citor under
rule 30(5) or rule 31(2), file a notification of his intention to be
heard and shall forthwith thereafter serve on the citor a copy of the
notification.
[Rule 29 amended: Gazette
14 December 1979 p. 3876.]