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RULES AND ORDERS
HER MAJESTY'S COURT FOR DIVORCE
AND MATRIMONIAL CAUSES, Made under the Provisions of the “ Act to amend the Law relating
to Divorce and Matrimonial Causes in England” (20 & 21 Vict. Cap. 85.)
1. Proceedings before the Court for Divorce and Matrimonial Causes shall be commenced by filing a petition.--A Form of such Petition is given, No. 3.
2. Every such petition shall be accompanied by an affidavit made by the Petitioner, verifying the facts stated in the petition of which he or she has persoual cognizance, and such affidavit shall be filed with the petition.
3. In cases where the petitioner is seeking a decree of nullity of marriage, or a decree of judicial separation, or a dissolution of marriage, or a decrèe in a suit of jactitation of marriage, the Petitioner's affidavit, filed with his or her petition, shall further state that no collusion or connivance exists between the Petitioner and the other party to the marriage or alleged marriage.
4. Every Petitioner who files a petition and affidavit shall forthwith issue a citation, to be served on the Respondent in the cause, according to the Form No. 1.
5. A similar citation shall be served upon any party whom it is intended to make a Co-respondent in the cause.
6. To each Respondent in the cause shall be delivered, together with the citation, a copy of the petition certified under the seal of the Court.
7. Every citation shall be written or printed on parchment, and the party taking out the same, or his or her proctor, solicitor, or attorney, shall take it, together with a præcipe, to the Registry, and there deposit the præcipe and get the citation signed and sealed.-The Form of Præcipe is given, No. 2
8. The party applying for a citation to be sealed shall, on depositing the præcipe in the Registry, give an address within three miles of the General Post Office, at which it shall be sufficient to leave all notices, instruments, and other proceedings not by these Rules and Orders expressly requiring personal service.
9. Before a party can proceed after the service of a citation, unless by the express leave of the Court, an appearance must have been previously entered by or on the behalf of the party cited, or an affidavit of personal service of the citation must have been filed in the registry.
10. In cases where personal service cannot be effected, application may be made to the Judge Ordinary, upon motion in open court, to substitute some other mode of service, or to dispense with service altogether.
11. Personal service of a citation shall be effected by leaving a copy of the citation with the party cited, and producing the original, if required by him or her so to do.
12. Every entry of an appearance shall be accompanied by an address within three miles of the General Post Office, at which it shall be sufficient to leave all notices, instruments, and other proceedings.
13. After personal service of citation has been effected, the citation, with the certificate of service endorsed thereon, shall be forthwith returned into and filed in the registry.
14. Within twenty-one days from the service of the citation the respondent shall file his or her answer in the registry, otherwise the petitioner shall be at liberty to proceed to proof of the petition.-A form of answer is given, No. 4.
15. Every answer which contains matter other than a simple denial of the facts stated in the petition, shall be accompanied by an affidavit made by the respondent, verifying such other or additional matter, and such affidavit shall be filed with the answer.
16. In cases involving a decree of nullity of marriage, or a decree of judicial separation, or a dissolution of marriage, or a decree in a suit of jactitation of marriage, the respondent shall, in the affidavit filed with the answer, further state that there is not any collusion or connivance between the deponent and the other party to the marriage.
17. The respondent shall file his or her answer in the registry, and on the same day deliver to the petitioner, or his or her proctor, solicitor, or attorney, a copy thereof.
18. Within fifteen days from the filing of the answer, the petitioner may file a reply thereto, and the same period shall be allowed for bringing in and filing any further statement by way of answer to such replication.
19. If either party desire to amend his or her petition, answer, or subsequent statement, it may be done by permission of the Judge Ordinary, and in such form and under such terms as the Judge Ordinary may approve.
20. When the proceedings have raised the questions of faet necessary to be determined, either party may, within fifteen days from the filing of the last proceeding, apply to the Judge Ordinary to direct the truth of any question of fact arising in the proceedings to be tried by a jury.
21. If neither party claim that the cause shall be heard before a jury, the Judge Ordinary shall determine whether the same shall be tried by a jury or before the Court itself, and whether by oral evidence or upon affidavit.
22. Whenever a case is to be tried before a jury, the Judge Ordinary shall direct the questions at issue to be stated in the form of a record, to be settled by one of the registrars.--A form of record is given, No. Jl
23. After the record has been so settled, either party shall be at liberty to apply to the Judge Ordinary to alter or amend the same, and his decision shall be final, and binding on the parties,
24. The petitioner shall file the record and set down the cause as ready for trial, and on the day upon which it is set down shall give notice of his or her having done so to each party for whom an appearance has been entered; and if the Petitioner delay filing the record and setting down the cause as ready for trial, for the space of one month from the day on which the record was finally settled, the respondent may file the record and set the cause down as ready for trial, and give a similar notice to the petitioner and the aforesaid other parties. A copy of every such notice shall be filed in the registry, and the cause, unless the Judge Ordinary shall otherwise direct, shall come on in its turn
25. When an affidavit establishing the factum of a marriage between the parties has been filed, and the husband has appeared in the cause, the wife may proceed to file a petition for alimony, in substance according to the Form No. 12; and a copy of such petition shall be served on the husband, or on his proctor, solicitor, or attorney, on the same day.
26. The husband shall, within eight days after a petition for alimony has been filed, file his answer thereto upon oath, and on the same day deliver a copy thereof to the wife, or to her proctor, solicitor, or attorney.
27. The wife, subject to any order as to costs, may, if not satisfied with the husband's answer, examine witnesses in support of her petition for alimony.
28. After the answer of the husband has been filed, the wife may, at its next sitting, move the court to decree her alimony pendente lite; provided that the wife shall, two days at least before she so moves the court, give notice to her husband, or to his proctor, solicitor, or attorney, of her intention so to do. · 29. A wife who has obtainted a decree of judicial separation in her favour, and has previously filed her petition for alimony, may, unless in cases where an appeal to the full court is interposed, move the court to decree her permanent alimony; provided that she shall, eight days at least before making any such motion, give notice to the husband, or to his proctor, solicitor, or attorney, of her intention so to do.
30. Where a decree of judicial separation has been pronounced, it shall not be necessary for either party to enter into a bond conditioned against marrying again.
31. Every subpæna shall be written or printed on parchment, and may include the names of any number of witnesses. The party issuing the same, or his or her proctor, solicitor, or attorney, shall take it, together with a præcipe, to the registry, and there get it signed and sealed, and there deposit the præcipe.- Forms of subpæna are given Nos. 6 and 8; and forms of præcipe, Nos. 7 and 9.
32. The petitioner or respondent may call upon the other party, by notice in writing, to admit any document, saving any just exceptions; and in case of refusal or neglect to admit the same, the costs of proving the document shall be paid by the party so neglecting or refusing, whatever the result of the cause may be, unless the Judge-Ordinary shall certify that the refusal to admit was reasonable; and when such notice to admit has not been given, no costs of proving any document shall be given, except in cases where the omission to give the notice is in the opinion of the registrar a saving of expense.
33. The bearing of the cause shall be conducted in court, and the counsel shall address the court, subject to the same rules and regulations as now obtain in the courts of common law.
34. The registrar shall, in cases tried by a jury, enter on the record the finding of the jury and the decree of the court, and shall sign the same. In all cases the registrar shall enter the decree of the court in the court book.
35. In cases to be tried upon affidavit the petitioner and respondent shall file their affidavits within eight days from the filing of the last proceeding.
36. Counter-affidavits to any facts stated in any such affidavits may be filed by either party within fifteen days from the filing of the affidavit which they are intended to answer.
37. Affidavits in reply to counter-affidavits may be filed by permission of the Judge-Ordinary, granted on motion or simmons, but not otherwise.
38. Applications to produce a deponent in the cause, for the purpose of cross-examination, shall be made on summons to the Judge-Ordinary sitting in chambers.
39. Applications on the part of a wife deserted by her husband for an order to protect her earnings and property, acquired since the commencement of such desertion, shall be made on summons to the Judge-Ordinary in chambers, and supported by affidavit.A form of application is given, No. 13.
40. Applications for the discharge of any order made to protect the earnings and property of the wife are to be founded on affidavit.
41. Petitions to the court for the reversal of a decree of judicial separation must set out the grounds upon which the petitioner relies, as Form No. 14.
42. Any person desirous of prosecuting a suit in forma pauperis shall lay a case before counsel, and obtain an opinion from such counsel that he or she has reasonable grounds for applying to the court for relief.
43. No person shall be admitted to prosecute a suit in forma pauperis without the order of the Judge-Ordinary; and to obtain such order the case laid before counsel for his opinion, and his opinion thereon, with an affidavit of the party or of his or her attorney that the same case contains a full and true statement of all the material facts, to the best of his or her knowledge and belief, and an affidavit by the party applying that he or she is not worth £25, after payment of his or her just debts, save and except his or her wearing apparel, shall be produced at the time such application is made.
44. Where a pauper omits to proceed to trial pursuant to notice, he or she may be called upon by summons to show cause why he or she should not pay costs, though he or she has not been dispaupered, and why all further proceedings should not be stayed until such costs be paid.
45. Every application for a new trial in respect of causes tried before a jury is to be lodged in the registry within a month from the day on which the cause was tried.
46. If the petitioner or respondent, unless by leave of the Judge-Ordinary previously obtained, fail to deliver the answer, reply, or other proceeding within the time specified in these rules, the other party shall not be compelled to receive the same, unless by the direction of the Judge-Ordinary. The expense of every such application to the Judge-Ordinary shall fall on the party causing the delay, unless the Judge-Ordinary shall otherwise direct.
47. Where a special time is limited for filing affidavits, no affidavit filed after that time shall be used unless by leave of the Judge-Ordinary.
48. Wherever it becomes necessary to give a notice to the opposite party in the cause, such notice shall be in writing, signed by the party, or by his or her proctor, solicitor, or attorney.
49. The addition and true place of abode of every person making an affidavit is to be inserted therein.
50. In every affidavit made by two or more persons the names of the several persons making it are to be written in the jurat.
51. No affidavit shall be read or made use of in any matter depending in court in the jurat of which there is any inter: lineation or erasure.
52. Where an affidavit is made by any person who is blind, or who, from his or her signature or otherwise, appears to be illiterate, the person before whom such affidavit is made is to state in the jurat that the affidavit was read in the presence of the party making the same, and that such party seemed to, and according to the belief of such person did, understand the same, and also that the said party made his or her mark or wrote his or her signature in the presence of the person before whom the affidavit was made.
53. No affidavit is to be deemed sufficient which has been sworn before the party on whose behalf the same is offered, or before his or her proctor, solicitor, or attorney, or before a clerk of his proctor, solicitor, or attorney.
54. A proctor, solicitor, or attorney, and their clerks respectively, if acting for any other proctor, solicitor, or attorney, shall be subject to the rules in respect to taking affidavits which are applicable to those in whose stead they are acting.