District Court Rules 2005

Within 14 days after the date on which a party enters a case for trial under rule 37 or 38, any other party may apply for an order countermanding the entry for trial.

An application under subrule (1) must be made by filing and serving a summons and a supporting affidavit on the party who entered the case for trial at least 2 clear days before hearing of the summons.

If any party to the summons is represented by a legal practitioner, the legal practitioner, or another legal practitioner who is conversant with the case, must personally attend the hearing of the summons and must not send a clerk to attend.

On an application made under this rule, the Court —

may countermand the entry;

may allow the entry to stand;

may direct that the entry take effect upon the happening of certain events or on a date set by the Court;

may make any other order or give any other direction it thinks proper.

The costs of an application made under this rule are costs in the cause, unless the Court orders otherwise.

A party who does not make a successful application under subrule (1) is taken to be ready for trial.