Supreme Court Rules 1987

(1) A writ shall not issue except by order of the Court.

(2) An application for a writ shall be made to a Judge.

(3) The person making the application, whether or not he is the person restrained, shall be the plaintiff and the person against whom the issue of the writ is sought shall be the defendant in the proceeding.

(4) The application shall be made on notice to the defendant.

(5) Notice shall be by summons and, subject to rule 57.05, service of the summons shall be personal.

(6) The application shall be supported by an affidavit by the person restrained showing that it is made at his instance and stating the nature of the restraint.

(7) Where the person restrained is unable for any reason to make the affidavit referred to in subrule (6), the affidavit may be made by another person and it shall show that the person restrained is unable to make the affidavit.

(8) In an urgent case, the

Court may dispense with compliance with a requirement of subrules (4) to (7) inclusive.

(9) Order 46, with the necessary changes, applies to an application under this rule.