Transfer of proceedings.
4.
No proceeding which has been taken before the plea in objection shall be in any way affected
thereby, but the Judge may order that the cause be transferred to the Judicial Division to which it
is proved to his satisfaction, to belong or, failing such proof, order that it be retained and proceeded
with within the Court in which it had been commenced.
ORDER 3
FORM AND COMMENCEMENT OF ACTION
Forms of commencement of action.
1.
(1) Subject to the provisions of any enactment, civil proceedings may be begun by writ,
originating summons, originating motion or petition or by any other method required by other
rules of Court governing a particular subject matter.
Proceedings which must be begun by write
2.
Subject to the provisions of these Rules or any applicable law requiring any proceeding to be begun
otherwise than by writ, a writ of summons shall be the form of commencing all
proceedings.
(a)
(i)
(ii)
(iii)
Where a plaintiff claims:
Any relief or remedy for any civil wrong, or
Damages for breach of duty, whether contractual, statutory or otherwise, or
Damages for personal injuries to or wrongful death of any person, or in respect of damage or
injury to any person, or property.
Where the claim is based on or includes an allegation of fraud, or
Where an interested person claims a declaration.
(b)
(c)
Mode of beginning civil proceedings commenced by writ of summons.
3.
(a)
(b)
(1) All civil proceedings commenced by writ of summons shall be accompanied by:
Statement of claim,
Copies of every document to be relied on at the trial,
(c)
(d)
(e)
Provided that dispute survey plans need not be filed at the commencement of the
suit, but shall be filed within such time as ma y be ordered by the Court upon
a n y application made under sub-rule 3 of t h i s rule,
List of non-documentary exhibits,
List of witnesses to be called at the t r i a l , and
Written statements on oath of witnesses;
(i)
Provided that;
The statements on oath of witnesses requiring subpoena from the Court need not be
filed at the commencement of the suit,
Civil Form I (a)