Citations generally
29 Citations generally
A citation shall be settled by the Registrar before being issued.
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.
The citor shall enter a caveat before issuing a citation.
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.
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.
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.]
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