That the plaintiff and defendant do, respectively, after delivery of defence, and within ten days after service of copy receipt for deposit in Court, answer on affidavit, stating what documents are or have been in their possession or power relating to the matters in question in this action. That the action be tried at That the action be tried by a Judge alone [or by Judge and jury, or special jury at the instance of the or by Judge and common jury unless either party give notice for special jury within four days after notice of trial]. Liberty to either party to apply. And that the costs of this application be costs in the cause. 3. Notice of Application for Further Directions (d). [Title, &c., as in writ of summons.] Take notice that the above-named plaintiff [or defendant] intends to apply to the Master in Chambers at the Central Office [or Master-in his room No.], Royal Courts of Justice, Strand, London, on day, the 19—, at — o'clock in the forenoon [or afternoon] for day of further directions in this action as follows :— For an order that [state the order for which the applicant intends to apply], and that the costs of and occasioned by such application be paid by the defendant [or plaintiff, or be costs in the cause]. [And further take notice that the above-named by counsel.] intends to appear (Signed) X. Y., Solicitor [or agent] for the 4. Summons to Dismiss Action for Plaintiff's Neglect to take out a Summons for Directions (e). [Formal parts as usual] for an order that this action be dismissed with costs, to be taxed and paid by the plaintiff to the defendant, the plaintiff 66 (d) By Ord. XXX., r. 5, " Any application subsequently to the original summons for any directions as to any interlocutory matter or thing by any party shall be made under the summons by two clear days notice to the other party stating the grounds of the application." By r. 6," Any application by any party which might have been made at the hearing of the original summons, shall, if granted on any subsequent application, be granted at the costs of the party applying, unless the Court or Judge shall be of opinion that the application could not properly have been made at the hearing of the original summons." (e) By Ord. XXX., r. 8, "In any action to which Rule 1 of this Order applies, if the having failed to take out a summons for directions pursuant to R. S. C. Order XXX., and that the costs of this application be paid by the plaintiff to the defendant. plaintiff does not within fourteen days from the entry of defendant's appearance take out a summons for directions under this Order or for summary judgment under Order XIV., the defendant shall be at liberty to apply for an Order to dismiss the action and upon such application the Judge may either dismiss the action on such terms as may be just or may deal with such application in all respects as if it were a summons for directions under this Order." CHAPTER II. TRANSFER TO COMMERCIAL LIST (a). 1. Summons for Directions (Commercial List). [Title, &c., as in writ of summons.] Let all parties concerned attend the [Hon. Mr. Justice] Judge in Chambers in Court No. [or in Room No. -], Royal Courts of Justice, Strand, London, on-day, the day of, 19, at [10.30] of the clock in the [fore]noon, on the hearing of an application on the part of the [plaintiff] for an order for directions, as follows: days. That the action be transferred to the commercial list. days That lists of documents be exchanged between the parties in seven days and inspection be given within three days afterwards. That the action be tried with [or without] a [special] jury. To That the date of trial be fixed for That the costs of this application be costs in the cause. 2. Order for Directions Commercial List). on both sides, it is ordered :— Upon hearing That the action be transferred to the commercial list. days. days That lists of documents be exchanged between the parties in seven days and inspection be given in three days afterwards. (a) Commercial causes include causes arising out of the ordinary transactions of merchants and traders; amongst others, those relating to the construction of mercantile documents, export or import of merchandise, affreightment, insurance, banking, and mercantile agency and mercantile usages. (Order of Judges, Feb., 1895.) A separate list is kept for summonses in commercial causes. A separate list is also kept for the entry of such causes for trial, but no cause will be entered in such list which has not been dealt with by a Judge charged with commercial business, upon application by either party for that purpose, or upon summons for directions or otherwise. That the action be tried with [or without] a [special] jury. That the costs of this application be costs in the cause. 1. 2. 3. Points of Claim. [Tifle, &c., as in writ of summons.] Points of Claim. [State very concisely, in consecutive paragraphs, the nature and 3. &c. particulars of the plaintiff's claim, and conclude by saying :] The plaintiff claims [state the claim]. Delivered the day of 19 [by P. S., of, the plaintiff's solicitor] 1. 2. 3. &c. 4. Points of Defence. [Title, &c., as in writ of summons.] Points of Defence. [State very concisely, in consecutive paragraphs, the matters relied on by the defendant as defences to the claim.] Delivered the solicitor]. day of, 19 [by D. A., of the defendant's 5. Notice of Application for further Directions. [Title, &c., as in writ of summons.] Take notice that the above-named plaintiff [or defendant] intends to apply to the [Hon. Mr. Justice -] Judge in Chambers in Court No. [or in Room No. -], Royal Courts of Justice, Strand, London, on -day, the day of, 19-, at [10.30] of the clock in the [fore]noon, for further directions in this action as follows:For an order that [state the order desired], and that the costs of the application be : intends to appear by counsel.] (Signed) X. Y., Solicitor [or agent] for the CHAPTER III. DISCONTINUANCE (a). As to withdrawing the action after it has been entered for trial, see post, "Entry for Trial." 1. Notice by Plaintiff of Discontinuance (a). Take notice that the plaintiff hereby wholly discontinues this action [as against the defendant E. F., or, if the whole is not discontinued, withdraws so much of his claim in this action as is contained in the of his statement of claim, or as relates to claim which the plaintiff withdraws]. paragraph specifying the portion of his Yours, &c., X. Y., Solicitor [or agent for solicitor] for the abovenamed plaintiff. (a) Discontinuance.]—By R. S. C., Ord. XXVI., r. 1, “The plaintiff may, at any time before receipt of the defendant's defence, or after the receipt thereof before taking any other proceeding in the action (save any interlocutory application), by notice in writing. wholly discontinue his action against all or any of the defendants or withdraw any part or parts of his alleged cause of complaint, and thereupon he shall pay such defendant's costs of the action, or, if the action be not wholly discontinued, the costs occasioned by the matter so withdrawn. Such costs shall be taxed, and such discontinuance or withdrawal, as the case may be, shall not be a defence to any subsequent action. Save as in this rule otherwise provided, it shall not be competent for the plaintiff to withdraw the record or discontinue the action without leave of the Court or a Judge, but the Court or a Judge may before, or at, or after the hearing or trial, upon such terms as to costs, and as to any other action, and otherwise, as may be just, order the action to be discontinued, or any part of the alleged cause of complaint to be struck out. The Court or a Judge may, in like manner, and with the like discretion as to terms, upon the application of a defendant, order the whole or any part of his alleged grounds of defence or counter-claim to be withdrawn or struck out, but it shall not be competent to a defendant to withdraw his defence, or any part thereof, without such leave." Notice.]—This form is given in R. S. C., App. B., No. 19. No particular form is necessary (see The Pommerania, 4 P. D. 195; 39 L. T. 642; cf. Moon v. Dickinson, 63 L. T. 371). |