District Court Rules 2005

If the plaintiff does not enter the case for trial in accordance with rule 37(1), the relevant registry must send each party a Form 2 (Notice of default (entry for trial)).

After receiving a Form 2 —

the plaintiff must, on or before the date specified in the form (which must be at least 14 days after the date of the form), enter the case for trial; and

a party, other than the plaintiff, may enter the case for trial even if the case is taken to be inactive under rule 44 or 44A.

Rule 37(3), with any necessary changes, applies if a party other than the plaintiff enters the case for trial.

If a party other than the plaintiff enters the case for trial, then, for the purposes of completing Form 1, all other parties (including the plaintiff) are to be taken to be available to attend a pre‑trial conference on any date unless notice to the contrary is filed prior to when the date of the pre‑trial conference is set.

If under subrule (2) a case is entered for trial at a time when, by virtue of the Form 2 sent to the parties and rule 44 the case is inactive, the case ceases to be inactive.

Subrules (2) and (5) do not prevent the plaintiff from entering the case for trial notwithstanding that the case is inactive under rule 44.