2.1.1 This Part applies to civil claims in District Courts, unless a different procedure applies by virtue of another Part of these rules or another enactment.

2.1.2 This Part applies to proceedings covered by any of the following Parts only to the extent provided in that following Part:

• (a) Part 6 (proceedings that are required to be started by filing an originating application):

• (b) Part 7 (proceedings under the Harassment Act 1997):

• (c) Part 8 (proceedings under subpart 6 of Part 8 of the Local Government Act 2002):

• (d) Part 9 (proceedings under the Construction Contracts Act 2002):

• (e) Part 10 (proceedings in admiralty):

• (f) Part 11 (entry of award as judgment under article 35 of Schedule 1 of Arbitration Act 1996).

The following diagram is a guide to the notice of claim procedure:

2.3.1 A plaintiff starts the following by filing a statement of claim under rule 2.9:

• (a) a proceeding in admiralty:

• (b) a proceeding in defamation:

• (c) an action to enforce an arbitral award.

2.3.2 A plaintiff starts any other proceeding under this Part by filing a notice of claim under rule 2.10.

2.3.3 The notice of claim procedure in rules 2.10 to 2.17 (which includes serving a response, exchanging information capsules, and completing the filing requirements in order to pursue the claim) applies to all proceedings started under rule 2.10 unless the court otherwise orders under rule 2.7.

2.3.4 When starting a proceeding under rule 2.10, a plaintiff may apply under rule 2.7 for leave to file a statement of claim or originating application, and then to proceed under that rule instead of under the notice of claim procedure in rules 2.10 to 2.17. A defendant may apply under rule 2.12.2 for an order requiring the plaintiff to file a statement of claim or originating application.

2.3.5 Rules 3.44.21 to 3.44.30 enable notices of claim to be served overseas in accordance with the relevant High Court Rules.

2.3.6 Rules 2.12.6 and 3.38.1 enable a defendant to object to the court’s jurisdiction in accordance with HCR 5.49.

2.3.7 Rule 2.50 enables the court to strike out pleadings or to stay or dismiss proceedings, and to grant indemnity costs in certain circumstances when a plaintiff fails to pursue a claim.

2.3.8 Part 3 sets out or lists rules about particular aspects of proceedings (such as the transfer of proceedings, translations, search of court records, authority to file and sign documents, parties, incapacitated persons, and interlocutory proceedings), which rules apply generally unless the context otherwise requires.

For rules about service of documents, see rules 2.38 and 3.40 to 3.44.

A document that is to be filed or served under this Part (for example, a notice of claim, response, notice of pursuit of claim, or reply) must be signed by—

• (a) the individual taking the action; or

• (b) if a body corporate is taking the action, an officer authorised to sign on behalf of the body corporate or a duly authorised agent of the body corporate; or

• (c) if a partnership or trust is taking the action, a person signing according to the Partnership Act 1908 or the Trustee Act 1956, or a duly authorised agent of the partnership or trust; or

• (d) if a charitable trust is taking the action, a person who is authorised to sign on behalf of the charitable trust; or

• (e) if an unincorporated body is taking the action, a person who is authorised to sign on behalf of the unincorporated body; or

• (f) in any case, a solicitor who is authorised to sign by, or on behalf of, the party taking the action.

A fact stated in a notice of claim that is not disputed in the defendant’s response is treated as being admitted for the purpose of proof.

2.7.1 A plaintiff may, by an interlocutory application made when filing the plaintiff’s notice of claim under rule 2.10, apply to the court for an order under rule 2.7.5 granting the plaintiff leave—

• (a) to file a statement of claim and continue under this rule; or

• (b) to file an originating application and continue under this rule.

2.7.2 If the plaintiff makes an application under rule 2.7.1, the proceeding must not be served until the court has determined the application.

2.7.3 An application under rule 2.7.1 may in the first instance be made without notice, but the court may require notice to be given in accordance with the court’s directions.

2.7.4 In deciding whether to make an order under rule 2.7.5,—

• (a) the court must have regard to the objective set out in rule 1.3; and

• (b) for the purpose of this rule, that objective includes having regard to the following matters:

  • (i) the amount of money involved:

  • (ii) the importance of the case:

  • (iii) the degree of difficulty or complexity to which the issues in the proceedings give rise:

  • (iv) the urgency of the matter:

  • (v) the financial position of each party:

  • (vi) any other matters the court considers relevant.

2.7.5 The court may make an order accordingly and the proceeding continues subject to any directions in the order.

2.8.1 If leave is granted under rule 2.7 to proceed by way of a statement of claim, the following rules apply instead of rules 2.12 to 2.37:

• (a) HCR 4.4 to 4.22 (third, fourth, and subsequent parties and claims between defendants):

• (b) HCR 5.17 to 5.35, and 7.77 (pleadings, notice of proceeding, statement of claim, and amendment of pleading), subject to rule 2.48.6:

• (c) HCR 5.47 to 5.52 (statement of defence and appearance):

• (d) HCR 5.53 to 5.61 (counterclaims):

• (e) HCR 5.62 and 5.63 (reply).

2.8.2 If leave is granted under rule 2.7 to proceed by way of an originating application,—

• (a) the originating application must be filed in the proper court, as determined under rule 3.1; and

• (b) HCR 19.8 to 19.11, 19.13, and 19.14 apply and the application is to be disposed of in accordance with those rules.

2.8.3 The rules applying under rule 2.8.1 or 2.8.2 are subject to any directions stated in the relevant order granting leave.

2.8.4 An order under rule 2.7 may contain any ancillary directions to enable the proceeding to be dealt with under subpart 3 (rules 2.39 to 2.54), including (without limitation) directions—

• (a) as to service of documents:

• (b) requiring a judicial settlement conference to be convened on a specified date:

• (c) requiring the parties to exchange will say statements:

• (d) requiring the parties to exchange the documents supporting their case.

2.8.5 If an application is made under rule 2.7.1, the following provisions apply until the application is determined by the court:

• (a) the application of rules 2.12 to 2.17 is suspended:

• (b) time stops running under those rules.

2.8.6 The plaintiff may proceed to judgment under rule 2.39 if the defendant fails, within the time allowed, to file a statement of defence to the plaintiff’s statement of claim.

2.8.7 Rules 2.38 and 3.40 to 3.44 indicate or set out rules that apply to the service of documents.

2.9.1 A plaintiff starts a proceeding in defamation or admiralty by filing a statement of claim, but prior leave is not required under rule 2.7.

2.9.2 A proceeding for the entry of an arbitral award as a judgment is taken in the manner set out in Part 11, but prior leave is not required under rule 2.7 if enforcement action is started by filing a statement of claim.

2.9.3 Rules 2.8.1 and 2.8.6 apply with the necessary modifications to every proceeding referred to in rule 2.9.1 and to every statement of claim to enforce an arbitral award, and the court may give any directions under rules 2.8.3 and 2.8.4 that it could give in any case where leave is required.

2.9.4 Further rules about proceedings in admiralty are set out in Part 10.

2.10.1 A plaintiff starts a proceeding (other than a proceeding in admiralty or defamation, or to enforce an arbitral award) by filing a notice of claim in form 2.

2.10.2 A plaintiff starts a proceeding against 2 or more defendants by filing a single notice of claim in form 2 that names each defendant.

2.10.3 The plaintiff must, as soon as practicable after filing the notice of claim, serve a copy of the notice of claim on each defendant.

2.10.4 The proceeding comes to an end if the plaintiff does not serve the notice of claim within 12 months after the date on which the notice of claim is filed or within the further time allowed by the court under rule 2.10.6.

2.10.5 The plaintiff may, before or after the expiration of the period referred to in rule 2.10.4, apply to the court or a Registrar for an order extending that period in respect of any person who has not been served.

2.10.6 On application under rule 2.10.5, the court or Registrar, if satisfied that reasonable efforts have been made to serve the notice of claim, or for other good reason, may extend the period of service by 6 months starting on the date on which the order is made and so on from time to time while the proceeding is pending.

2.10.7 A proceeding that comes to an end under this rule is treated as having been discontinued by the plaintiff.

A notice of claim must—

• (a) state the plaintiff’s name and address for service; and

• (b) state the defendant’s name and address; and

• (c) give a succinct description of the facts justifying the plaintiff’s claim; and

• (d) contain a signed statement verifying the truth of these facts; and

• (e) state the relief or remedy the plaintiff seeks; and

• (f) state whether or not the plaintiff seeks an award of interest; and

• (g) contain the other matters (if any) indicated by form 2.

2.12.1 A defendant who wishes to respond to a notice of claim must complete and serve a response on the plaintiff within 30 working days after the date on which the plaintiff’s notice of claim is served on the defendant.

2.12.2 A defendant may, by an interlocutory application, apply to the court for an order requiring the plaintiff—

• (a) to file a statement of claim and continue under rule 2.7; or

• (b) to file an originating application and continue under rule 2.7.

2.12.3 An application under rule 2.12.2 must—

• (a) be made before, and within the time allowed for, serving the response; and

• (b) be served together with the response.

2.12.4 Rules 2.7.4 and 2.7.5 apply with the necessary modifications to applications under rule 2.12.2.

2.12.5 The plaintiff may proceed to judgment under rule 2.39 if the defendant fails to comply with rule 2.12.1.

2.12.6 A defendant who wishes to object to the claim on the ground that a District Court does not have jurisdiction to hear and determine the claim may, within the time allowed for serving a response in form 3 and instead of serving a response in that form, file and serve an appearance in form HCF G 7 stating the defendant's objection and grounds for it in accordance with HCR 5.49 (as applied by rule 3.38.1).

2.12.7 Rules 2.27 and 2.28 provide for the making of counterclaims.

2.13.1 In a defendant’s response, which must be in form 3, the defendant must—

• (a) admit the claim and immediately pay or comply with the requested relief or remedy; or

• (b) admit the claim but offer an alternative remedy to that requested in the notice of claim; or

• (c) deny the claim; or

• (d) partially admit and partially deny the claim.

2.13.2 A response must also indicate whether the defendant intends to make any counterclaims against the plaintiff. If the defendant does intend to counterclaim, a copy of the filed form 2CC must be attached to the defendant's response when the response is served.

2.13.3 A response that denies or partially denies the claim must also—

• (a) succinctly state the defendant’s version of the facts (for example, if the defendant denies the claim or part of a claim, or does not know about an event or fact stated in the notice of claim or could not reasonably have found out about it, the defendant must say so and explain why); and

• (b) succinctly state any facts the defendant intends to rely on at the trial that are not stated in the notice of claim; and

• (c) contain a signed statement verifying the truth of those facts; and

• (d) state an address for service.

2.13.4 A response must contain the other matters (if any) indicated by form 3.

2.14.1 A plaintiff who wishes to pursue a claim after being served with the defendant’s response must complete an information capsule and serve it on the defendant within 30 working days after the date on which the defendant’s response is served on the plaintiff.

2.14.2 The purpose of a plaintiff’s information capsule is to—

• (a) inform the defendant of the essential nature of the plaintiff’s case; and

• (b) disclose to the defendant the information on which the plaintiff intends to rely, as at the time of service of the capsule.

2.14.3 In a plaintiff’s information capsule, which must be in form 4, the plaintiff must—

• (a) rebut the defences raised by identifying and addressing the essential facts in dispute; and

• (b) explain why any offer (other than an offer expressly stated to be without prejudice except as to costs) made by the defendant has been rejected (for example, by stating why the offer is considered unsatisfactory); and

• (c) list the witnesses the plaintiff intends to call during the trial; and

• (d) include or attach will say statements for each witness; and

• (e) list or describe sufficiently the essential documents supporting the plaintiff’s claim; and

• (f) to the best of the plaintiff’s knowledge and belief, verify the contents on oath or by affirmation.

2.14.4 The plaintiff’s proceeding comes to an end if the plaintiff does not serve the plaintiff’s information capsule on the defendant within the 30-day period specified in rule 2.14.1.

2.14.5 The plaintiff may start the claim again, subject to any relevant limitation period, only by starting afresh under rule 2.10.

2.14.6 A proceeding that comes to an end under this rule is treated as having been discontinued by the plaintiff.

2.15.1 A defendant who, after being served with the plaintiff’s information capsule, still wishes to contest the plaintiff’s claim must complete an information capsule and serve it on the plaintiff within 30 working days after the date on which the plaintiff’s information capsule is served on the defendant.

2.15.2 The purpose of a defendant’s information capsule is to—

• (a) inform the plaintiff of the essential nature of the defendant’s case; and

• (b) disclose to the plaintiff the information on which the defendant intends to rely, as at the time of service of the defendant's information capsule.

2.15.3 In a defendant’s information capsule, which must be in form 5, the defendant must—

• (a) identify and address the facts in dispute that the defendant believes are the essential facts, and respond to the plaintiff’s rebuttal; and

• (b) describe any offer made to and rejected by the plaintiff; and

• (c) explain why any offer (other than an offer expressly stated to be without prejudice except as to costs) made by the plaintiff has been rejected (for example, by stating why the offer is considered unsatisfactory); and

• (d) list the witnesses the defendant intends to call during the trial; and

• (e) include or attach will say statements for each witness; and

• (f) list or describe sufficiently the essential documents supporting the defendant’s case; and

• (g) to the best of the defendant’s knowledge and belief, verify the contents on oath or by affirmation.

2.15.4 The plaintiff may proceed to judgment under rule 2.39 if the defendant fails to comply with rule 2.15.1.

The following diagram is a guide to the procedure that applies under the rest of this Part:

2.17.1 A plaintiff who settles a proceeding under rules 2.10 to 2.15 must, as soon as practicable after settlement, file a notice of discontinuance in form HCF G 24 (and, for this purpose, paragraph 2 of the notice need only state that the proceeding has been settled).

2.17.2 If a proceeding is not settled under rules 2.10 to 2.15, the plaintiff may pursue it before the court only by taking all of the following steps:

• (a) the plaintiff must serve on each defendant a notice of pursuit of claim in form 6 (without completing the affidavit section) and, as soon as practicable after service of each form 6, file each completed form 6; and

• (b) the plaintiff must, when filing under paragraph (a), also file a single copy of the following documents in the proceeding:

  • (i) each form 3 (response by defendant) that has been served on the plaintiff; and

  • (ii) each form 4 (plaintiff's information capsule) that has been served on each defendant; and

  • (iii) each form 5 (defendant's information capsule) that has been served on the plaintiff.

2.17.3 The date of proof of service of form 6 determines when the court has to make decisions as to the mode of trial under rule 2.40.

2.17.4 The proceeding comes to an end if the plaintiff does not pursue the claim under rule 2.17.2 within 90 working days after the date on which the defendant’s information capsule is served on the plaintiff.

2.17.5 The plaintiff may start the claim again, subject to any relevant limitation period, only by starting afresh under rule 2.10.

2.17.6 A proceeding that comes to an end under this rule is treated as having been discontinued by the plaintiff.

2.18.1 A defendant in a proceeding may claim against a person who is not a party to the proceeding (the third party) on the ground that the defendant is entitled to a contribution, indemnity, or other relief or remedy.

2.18.2 The third party becomes a party to the proceeding with the same rights and obligations in the proceeding as if the defendant had started the proceeding against the third party.

A third party notice, which must be in form 7, must—

• (a) be signed by the defendant; and

• (b) inform the third party of—

  • (i) the claim by the plaintiff against the defendant; and

  • (ii) the fact that service of the notice makes the third party a party to the proceedings; and

  • (iii) the claim by the defendant against the third party; and

  • (iv) the steps that the third party is required to take if the third party wishes to dispute either claim; and

  • (v) the consequences that will follow if the third party fails to dispute either claim.

2.20.1 A defendant who claims against a third party must,—

• (a) within 15 working days after service of the plaintiff’s notice of pursuit of claim or within any further time that the court allows by leave, file the third party notice together with the defendant's notice of claim against the third party; and

• (b) serve those documents on the plaintiff immediately after filing; and

• (c) serve those documents on the third party within 15 working days after the date of filing.

2.20.2 Rule 2.11 applies with the necessary modifications to a notice of claim filed under 2.20.1.

2.20.3 When serving documents under rule 2.20.1(c), the defendant must also serve on the third party—

• (a) a copy of the plaintiff’s notice of claim against the defendant; and

• (b) a copy of the defendant’s response to the plaintiff’s notice of claim; and

• (c) a copy of the defendant’s and plaintiff’s information capsules; and

• (d) a copy of the plaintiff’s notice of pursuit of claim; and

• (e) a list of any other documents that, up till that time, have been served by the plaintiff on the defendant or by the defendant on the plaintiff.

2.21.1 If a defendant meets the defendant’s obligations to the plaintiff under rule 2.20.1, then, until the expiry of the time within which the third party may file a response under rule 2.22, the plaintiff may not, without leave of the court,—

• (a) enter judgment in the proceeding; or

• (b) apply for the allocation of a hearing date for the proceeding.

2.21.2 The plaintiff may apply to the court for leave to do either of the things mentioned in rule 2.21.1(a) or (b) before the third party response time expires.

2.21.3 The plaintiff must give notice of an application for leave to the defendant and (if the third party has been served) to the third party.

2.22.1 A third party must file, and serve on each plaintiff and defendant, a response to the third party notice within 30 working days after the date on which the defendant’s third party notice is served on the third party.

2.22.2 Rules 2.5, 2.6, and 2.13 apply with the necessary modifications to a third party response.

If an application to the court for leave to issue a third party notice is required, it must be served on the other parties to the proceeding.

2.24.1 If a third party notice has been issued and served without prior leave of the court, the third party, plaintiff, or any other party served with the notice may apply to the court to set aside the notice.

2.24.2 If a third party notice has been served by leave of the court, the third party may apply to the court to set aside the notice.

2.24.3 On the hearing of the application, the court may—

• (a) set aside the third party notice and dismiss the defendant’s notice of claim against the third party either on the merits or without prejudice to the right of the defendant to pursue the claim against the third party by an independent proceeding; or

• (b) give any other directions relating to the third party notice that it thinks fit in the interests of justice.

2.25.1 If the third party does not file a response within the time allowed, the third party—

• (a) is treated as admitting the validity of, and is bound by, any judgment given in the proceeding, whether by consent, default, or otherwise; and

• (b) is bound by any decision in the proceeding on any question specified in the defendant’s notice of claim.

2.25.2 When contribution or indemnity or any relief or remedy is claimed against the third party in the defendant's notice of claim, the third party is treated as admitting liability in respect of the contribution, indemnity, relief, or remedy.

2.25.3 Rules 2.25.1 and 2.25.2 do not apply in the case of third party proceedings against the Crown unless the court so orders on an application served on the Crown not less than 7 working days before the day for the hearing of those matters specified in the application.

Rules 2.18 to 2.25 apply with the necessary modifications to fourth and subsequent party notices.

2.27.1 A defendant who wishes to counterclaim against the plaintiff only starts the counterclaim under rule 2.27.2. or 2.27.4.

2.27.2 A defendant who counterclaims under the notice of claim procedure in rules 2.10 to 2.17 (as modified by rule 2.27.3) must—

• (a) file a notice of counterclaim in form 2CC within 30 working days after the date on which the plaintiff's notice of claim is served on the defendant; and

• (b) serve form 2CC at the same time as the defendant's response to the notice of claim is served by attaching form 2CC to the response.

2.27.3 Rules 2.12 to 2.17 apply with the necessary modifications to counterclaims under rule 2.27.2, including the following modifications:

• (a) a plaintiff who is served with form 2CC must serve a response in form 3CC within 30 working days after the date on which form 2CC is served (see rules 2.12 and 2.13):

• (b) the defendant must serve an information capsule in form 4CC within 30 working days after the date on which form 3CC is served (see rule 2.14):

• (c) the plaintiff must serve an information capsule in form 5CC within 30 working days after the date on which form 4CC is served (see rule 2.15):

• (d) the defendant pursues the counterclaim by serving form 6CC (without completing the affidavit section) and, within 90 working days after the date on which form 5CC is served, filing the completed form 6CC together with copies of forms 3CC, 4CC, and 5CC (see rule 2.17).

2.27.4 If the High Court Rules referred to in rule 2.8.1(d) apply, a defendant counterclaims against the plaintiff only by filing and serving a statement of counterclaim in accordance with those rules.

2.27.5 The plaintiff rebuts the defendant’s counterclaims under rule 2.27.4 by filing and serving a statement of defence in accordance with the High Court Rules referred to in rule 2.8.1(d), and those High Court Rules apply instead of the modified rules 2.12 to 2.17.

2.28.1 A defendant who wishes to counterclaim against the plaintiff along with any other person (whether a party to the proceeding or not) for any relief relating to or connected with the original subject matter of the proceeding must, within the time allowed by rule 2.27, start the counterclaim in accordance with rule 2.27.

2.28.2 The other person against whom the counterclaim is made is called a counterclaim defendant.

2.28.3 Rule 2.27 applies with the necessary modifications to counterclaims under this rule.

2.29.1 The court may at any time order that a counterclaim be struck out, on any terms it thinks appropriate, if it appears that—

• (a) by reason of the counterclaim a plaintiff is likely to be unduly delayed in obtaining the plaintiff’s relief; or

• (b) the hearing (if a hearing is necessary) is to be held at a place where it could not be held if a counterclaim defendant had been made defendant to an independent proceeding instituted against the counterclaim defendant by the defendant in respect of the subject matter of the counterclaim; or

• (c) the relief in the counterclaim is not related to or connected with the original subject matter of the proceeding.

2.29.2 Rules 2.27, 2.28, 2.29.1, and 2.29.3 and 2.29.4 apply to a counterclaim by a counterclaim defendant in the same way as if the counterclaim defendant were a defendant in a separate proceeding brought by the defendant. For this purpose, defendant includes the counterclaim defendant and plaintiff includes the defendant who has joined the counterclaim defendant.

2.29.3 HCR 5.58—place of trial of counterclaim.

2.29.4 HCR 5.59—status of counterclaim if proceeding stayed.

2.29.5 HCR 5.61—restriction when the Crown involved (as applied by rule 3.39).

2.30.1 This rule applies if, in a proceeding, a defendant (defendant A) claims against another defendant (defendant B) in circumstances where, had defendant B not been a defendant, defendant A would be entitled to issue and serve a third party notice on defendant B.

2.30.2 When this rule applies, defendant A may, not later than 30 working days before the hearing date for the proceeding, file and serve on defendant B and on the plaintiff a notice in form 8 to that effect.

2.31.1 A defendant who files a notice under rule 2.30 must file and serve with that notice a notice of claim against the other defendant.

2.31.2 Rule 2.11 applies with the necessary modifications to a notice of claim under rule 2.31.1.

2.32.1 A defendant who is served with a notice under rule 2.30 (defendant B) must file a response to the claim made by the defendant who served the notice (defendant A) only if defendant B wishes to raise an affirmative defence to defendant A’s claim.

2.32.2 Rules 2.5, 2.6, and 2.13 apply with the necessary modifications to a response under rule 2.32.1.

The omission of a defendant to give a notice under rule 2.30 does not prevent the court from giving any judgment or granting any relief in favour of that defendant that might have been given or granted had that rule not been made.

2.34.1 A defendant who wishes to dispute a claim notified under rule 2.30 must, within 15 working days after the date on which the notice of claim is served on the defendant,—

• (a) file a response to the claim; and

• (b) serve a copy of the response on—

  • (i) the other defendant who made the claim; and

  • (ii) the plaintiff; and

  • (iii) the other parties who have filed an address for service.

2.34.2 Rules 2.18 to 2.25 (except rule 2.22.1) apply with the necessary modifications to claims under rules 2.30 to 2.33.

2.35.1 If a response pleads any affirmative defence or contains any positive allegation affecting any other party, the plaintiff or that other party may, within 15 working days after the date on which that response is served on the plaintiff or other party, file and serve a reply on the party serving the response.

2.35.2 It is not necessary to file and serve a reply under rule 2.35.1 unless the court so orders.

A reply, which must be in form 9, must be limited to answering the affirmative defence or positive allegation, but otherwise must comply with the rules as to responses so far as they are applicable.

An affirmative defence or positive allegation in a response that is not denied is treated as being admitted for the purpose of proof.

2.38.1 The rules set out or listed in rules 3.40 to 3.44 apply to the service of documents (other than originating applications) under this Part.

2.38.2 The documents concerned include (without limitation)—

• (a) a plaintiff’s notice of claim:

• (b) a defendant’s response:

• (c) a plaintiff’s information capsule:

• (d) a defendant’s information capsule:

• (e) a plaintiff’s notice of pursuit of claim:

• (f) third or subsequent party notices:

• (g) a counterclaim against a plaintiff only or against a plaintiff and another person:

• (h) claims between defendants:

• (i) a reply to a response:

• (j) a statement of claim, notice of proceeding, and statement of defence under rules 2.7 to 2.9.

2.39.1 A plaintiff who is pursuing a claim under rules 2.10 to 2.17 may proceed to judgment if the defendant does not, within the time allowed,—

• (a) serve on the plaintiff the defendant's response to the plaintiff’s notice of claim; or

• (b) serve on the plaintiff the defendant’s information capsule.

2.39.2 For the purpose of rule 2.39.1, the plaintiff must file form 6A (application for judgment) and a copy of forms 3 and 4 (if the plaintiff has sent or received them) within whichever of the following periods is applicable:

• (a) if the application is made because the defendant has not served form 3 within the time allowed, the period starting on the 31st working day and ending with the close of the 90th working day after the date on which form 2 is served on the defendant:

• (b) if the application is made because the defendant has not served form 5 within the time allowed, the period starting on the 31st working day and ending with the close of the 90th working day after the date on which form 4 is served on the defendant.

2.39.3 When rule 2.39.1 applies, the plaintiff's proceeding comes to an end if the plaintiff does not file form 6A within the time allowed and then rules 2.17.5 (starting claim again) and 2.17.6 (treated as discontinuance) apply as if the proceeding had come to an end under rule 2.17.

2.39.4 A plaintiff who files a statement of claim in accordance with these rules may proceed to judgment if the defendant does not, within the time allowed, file a statement of defence to the plaintiff’s statement of claim.

2.39.5 A defendant who is pursuing a counterclaim under rule 2.27 or 2.28 may proceed to judgment if the plaintiff (or counterclaim defendant) does not, within the time allowed,—

• (a) serve form 3CC (response by plaintiff (for counterclaim)) or file a statement of defence (as the case may be); or

• (b) serve form 5CC (plaintiff's information capsule (for counterclaim)).

2.39.6 For the purpose of rule 2.39.5, the defendant must file form 6CCA (application for judgment (for counterclaim)) and a copy of forms 3CC and 4CC (if the defendant has sent or received them) within whichever of the following periods is applicable:

• (a) if the application is made because the plaintiff (or counterclaim defendant) has not served form 3CC within the time allowed, the period starting on the 31st working day and ending with the close of the 90th working day after the date on which form 2CC is served on the plaintiff (or counterclaim defendant):

• (b) if the application is made because the plaintiff (or counterclaim defendant) has not served form 5CC within the time allowed, the period starting on the 31st working day and ending with the close of the 90th working day after the date on which form 4CC is served on the plaintiff (or counterclaim defendant).

2.39.7 When rule 2.39.5 applies, a defendant's counterclaim comes to an end if the defendant does not file form 6CCA within the time allowed and then rules 2.17.5 (starting claim again) and 2.17.6 (treated as discontinuance) apply as if the proceeding had come to an end under rule 2.17.

2.39.8 Part 12 contains the procedure for obtaining judgment under this rule.

2.40.1 The modes of trial available in a proceeding are—

• (a) the short trial:

• (b) the simplified trial:

• (c) the full trial.

2.40.2 The court or a Registrar must first either allocate a short trial or decide not to allocate a short trial; and rules 2.44 to 2.46 apply if a short trial is allocated.

2.40.3 A decision under rule 2.40.2 must be made as soon as practicable after the expiry of 15 working days after the date on which the court receives proof of service of the notice of proceeding or notice of pursuit of claim, unless a third or subsequent party notice is filed within that 15-day period or a counterclaim is filed in accordance with rule 2.27 or 2.28.

2.40.4 If a third or subsequent party notice has been filed within that 15-day period, a decision under rule 2.40.2 must be made as soon as practicable after the expiry of 30 working days after the date by which the third or subsequent party notice is required to be filed.

2.40.5 If a counterclaim has been filed in accordance with rule 2.27 or 2.28, a decision under rule 2.40.2 must be made as soon as practicable after the expiry of 15 working days after the date on which the court receives proof of service of the notice of pursuit of counterclaim or the statement of counterclaim or notice of proceeding (if any) in respect of the counterclaim.

2.40.6 If the court or Registrar decides not to allocate a short trial,—

• (a) a judicial settlement conference must be held by a Judge under rule 2.47:

• (b) if the parties do not settle the proceedings at the judicial settlement conference stage, rule 2.48 provides that the judicial settlement conference becomes a judicial directions conference, and at that conference a simplified trial or full trial is allocated.

2.40.7 A simplified trial or full trial proceeds on the date set for the trial unless summary judgment is given in the proceedings before the trial starts.

2.40.8 A judicial settlement conference must be held as soon as practicable after the period ending 30 working days after the date of the relevant decision not to allocate a short trial.

In deciding the appropriate mode of trial, the court or a Registrar may have regard to the following:

• (a) the number of parties:

• (b) the complexity of the issues:

• (c) the amount at stake:

• (d) proportionality:

• (e) the nature of the action:

• (f) party requests:

• (g) any other matter the court or Registrar considers relevant.

2.42.1 The summary judgment procedure—

• (a) is available in a proceeding for which a simplified trial or full trial is allocated:

• (b) is not available in a proceeding for which a short trial is allocated:

• (c) is not available in a proceeding under Part 14 (appeals to District Courts).

2.42.2 An application for summary judgment must be made by an interlocutory application and is subject to rule 2.49.

2.42.3 The High Court Rules listed in rule 12.17 apply to other aspects of applications for summary judgment under these rules.

2.43.1 This rule applies if an agreed settlement arranged under rule 1.7 (mediation or other alternative dispute resolution) or 2.47 (judicial settlement conference) is not completed as agreed.

2.43.2 Despite rule 2.42, a party claiming to have settled under rule 1.7 or 2.47 may apply for summary judgment to enforce that settlement.

2.43.3 Rules 2.42.2 and 2.42.3 apply to an application under rule 2.43.2.

2.44.1 The short trial is intended for claims where the court or a Registrar considers that 1 or more of the following apply:

• (a) the case can come to a hearing quickly:

• (b) the issues are relatively uncomplicated or a modest amount is at stake:

• (c) the trial time is not likely to exceed a day.

2.44.2 The court or Registrar must set a date for trial, and any interlocutory steps must occur not later than 15 working days before the date for trial and are confined to—

• (a) exchanging further or revised will say statements:

• (b) exchanging further documents on which a party intends to rely:

• (c) the examination of witnesses under rule 3.24.

2.44.3 However, the court or Registrar may, for good reason consistent with the objective of these rules, allow interlocutory steps that would not otherwise comply with this rule.

2.44.4 The power in rule 2.44.3 includes power to apply High Court Rules relating to interlocutory matters listed in subpart 3 of Part 3.

2.44.5 The High Court Rules referred to in rule 2.44.4 apply to proceedings allocated a short trial only to the extent that they are specifically applied by the court or Registrar.

2.45.1 The features of the short trial procedure are as follows:

2.45.2 The total time for the presentation of a party's case must not exceed the total time calculated as follows:

2.45.3 However, the court may, for good reason consistent with the objective of these rules, extend the total time available to a party.

2.46.1 A party may apply for a review of a decision to allocate a short trial.

2.46.2 An application for review must be in form 10 and be filed within 15 working days after the date of allocation.

2.46.3 The court may decide the application on the papers or decide it after hearing submissions.

2.46.4 The court may—

• (a) confirm the decision under review; or

• (b) revoke the decision and order that a judicial settlement conference be convened under rule 2.47.

2.47.1 The purpose of a judicial settlement conference is to give the parties to the proceeding an opportunity to negotiate a settlement of the claim or any issue.

2.47.2 A judicial settlement conference must be convened by a Judge and held in chambers.

2.47.3 A Judge who convenes a judicial settlement conference may assist the parties in their negotiations, but that Judge must not preside at the trial (if any) unless—

• (a) all parties taking part in the conference consent; or

• (b) the only matter for resolution at the hearing is a question of law.

2.47.4 A proceeding is treated as having been discontinued 30 working days after the date on which the Judge endorses the proceeding as having been settled, unless one of the following applies:

• (a) the parties, by notice to the Judge given before the close of that 30-day period, may consent to an extension of that period, and in that case the Judge must direct accordingly and the discontinuance takes effect on the close of that extended period:

• (b) in any other case, the Judge may, in the interests of justice, direct that the proceeding be discontinued with effect on and from some other date stated by the Judge.

2.48.1 If the Judge assisting the parties at a judicial settlement conference is satisfied that the parties are unable to settle the claim or issue,—

• (a) the Judge must, as soon as practicable, indicate that he or she has formed that view; and

• (b) when that indication has been given, the conference becomes a judicial directions conference.

2.48.2 At a judicial directions conference of the parties, the Judge must allocate a simplified trial or full trial for the proceeding.

2.48.3 The other matters to be dealt with by the Judge at a judicial directions conference include—

• (a) identifying and, wherever practicable, disposing of interlocutory applications and interlocutory matters that are outstanding at the time:

• (b) on the application of a party, directing that details about any settlement offer that is no longer relevant be removed from an information capsule:

• (c) assessing whether more formal pleadings are required and giving directions concerning the pleadings:

• (d) giving directions as to how evidence is to be adduced and documentary exhibits produced:

• (e) assessing the likely duration of the trial:

• (f) setting a date for the trial.

2.48.4 The High Court Rules relating to interlocutory and other matters listed in subpart 3 of Part 3 apply, subject to rule 2.49,—

• (a) to proceedings allocated a full trial; and

• (b) in any other case, only to the extent (if any) expressly provided in these rules or ordered by the Judge.

2.48.5 The High Court Rules listed in rule 3.49 (case management conferences) apply to a judicial directions conference.

2.48.6 In a proceeding to which rule 2.8 applies, HCR 5.21 and 7.77 apply if a judicial directions conference is held for a proceeding and apply only from the start of the conference. The reference to HCR 1.9 in HCR 7.77(9) is to be read as a reference to rule 1.14 of these rules.

2.48.7 In a proceeding to which rule 2.17 applies,—

• (a) HCR 5.21 and 7.77 (as modified by rule 2.48.6) also apply if a judicial directions conference is held for a proceeding and apply only from the start of the conference:

• (b) other High Court Rules about pleadings (including HCR 5.17 to 5.20 and 5.22 to 5.35) apply only if and to the extent directed by the Judge under rule 2.48.3(c).

2.49.1 This rule applies to all interlocutory applications under the Act.

2.49.2 An intending plaintiff may apply for discovery of particular documents under rule 3.61.2 by making an interlocutory application before starting a proceeding.

2.49.3 A party may apply for any of the following in a proceeding by making an interlocutory application after the proceeding starts:

2.49.4 A party may apply for any of the following in a proceeding by making an interlocutory application at or after the start of the judicial directions conference for that proceeding:

2.49.5 If a judicial directions conference is convened for a proceeding, interlocutory applications in the proceeding must be made within 30 working days beginning on the day after the conference starts or within any further time that the Judge may allow by leave.

2.49.6 A Judge may, for good reason consistent with the objective of these rules, grant leave allowing an extension of the 30-day period in rule 2.49.5.

2.49.7 An interlocutory application for summary judgment must be dealt with in open court.

2.49.8 An interlocutory application other than an application for summary judgment must be dealt with in open court unless—

• (a) it is not in the public interest that the matter be dealt with in open court; or

• (b) a Judge considers there are other reasons why the matter should not be dealt with in open court.

2.50.1 The court may order that the whole or any part of a pleading be struck out if the pleading—

• (a) discloses no reasonable cause of action, defence, or case appropriate to the nature of the pleading; or

• (b) is likely to cause prejudice, embarrassment, or delay in the proceeding; or

• (c) is otherwise an abuse of the process of the court.

2.50.2 An order under rule 2.50.1 may be made at any stage of the proceeding, and may be subject to any terms that the court considers appropriate.

2.50.3 The court may order that a proceeding be stayed or dismissed generally or in relation to any claim for relief if the court considers that—

• (a) no reasonable cause of action is disclosed; or

• (b) the proceeding is frivolous or vexatious; or

• (c) the proceeding is an abuse of the process of the court.

2.50.4 A defendant may apply for indemnity costs under rule 4.6.4(f) if—

• (a) the defendant has served the defendant's response in accordance with rules 2.12 and 2.13 but the plaintiff has not served the plaintiff's information capsule within the 30-working-day period stated in rule 2.14.1; or

• (b) the defendant has served the defendant's information capsule in accordance with rule 2.15 but the plaintiff has not pursued the plaintiff's claim under rule 2.17 within the 90-working-day period stated in rule 2.17.4.

2.51.1 A party must disclose the documents the party intends to rely on at a simplified trial.

2.51.2 At least 15 working days before the trial, a party must—

• (a) give a copy of the documents to each other party; and

• (b) serve the party’s affidavits of evidence in chief on each other party.

2.51.3 A party may, by an interlocutory application, apply for an order that another party disclose particular documents.

2.51.4 A Judge may order that the documents be disclosed if the Judge is satisfied that—

• (a) the documents are relevant to the issues between the parties; or

• (b) disclosure is necessary to decide the matter fairly; or

• (c) for any other reason the documents should be disclosed.

2.51.5 A party to a simplified trial may, by an interlocutory application, apply for summary judgment under rule 2.42 or 2.43.

2.51.6 The only interlocutory applications that may be made in a proceeding for which a simplified trial is allocated are—

• (a) an application of a kind listed in rule 2.49.3:

• (b) an application for summary judgment:

• (c) any other kind of interlocutory application allowed by the Judge in the interests of justice.

2.52.1 A witness need appear at a simplified trial only if—

• (a) a party has served a notice to cross-examine the witness in form 11 and filed it before the trial starts; or

• (b) the Judge so requests.

2.52.2 Each party is limited to 1 expert witness per specialist discipline unless the court allows more witnesses by leave.

2.53.1 The features of the simplified trial are as follows:

2.53.2 The total time for the presentation of a party's case must not exceed the total time calculated as follows:

2.53.3 However, the court may, for good reason consistent with the objective of these rules, extend the total time available to a party.

For proceedings allocated a full trial,—

• (a) the High Court Rules listed in subpart 3 of Part 3 apply, subject to rule 2.49 (interlocutory applications):

• (b) the procedure for disposing of proceedings is set out in Part 12.

Documents that are required by these rules to be filed must be filed in the court—

• (a) either—

  • (i) nearest to the residence or principal place of business of the defendant; or

  • (ii) if the defendant is neither resident nor has a principal place of business in New Zealand, selected by the plaintiff; or

• (b) nearest to the place where the actions that led to the claim happened; or

• (c) nearest to the place where the property that is the subject of the claim is located; or

• (d) determined by a court or Registrar on the court’s or Registrar’s own initiative or on application.

3.2.1 A notice under section 43(1) of the Act may be in form 12, and must be filed by the defendant not later than 5 working days after service of the notice of pursuit of claim or notice of proceeding on the defendant, including the day of service.

3.2.2 A notice under section 43(2) of the Act may be in form 13, and must be filed by the defendant not later than 5 working days after service of the notice of pursuit of claim or notice of proceeding on the defendant, including the day of service.

3.2.3 An order transferring a proceeding may be in form 14.

On the making of an order transferring a proceeding from a District Court to the High Court, the Registrar must forward all papers in the proceeding to the Registrar of the High Court whose registry is named in the order.

3.4.1 This rule applies to proceedings transferred to the court by the High Court under section 46 of the Act.

3.4.2 A Judge—

• (a) must convene a judicial directions conference and proceed under rule 2.48:

• (b) in addition to the matters provided in rule 2.48.3, may do either or both of the following:

  • (i) decide to convene a judicial settlement conference:

  • (ii) despite rule 2.48.2, allocate a short trial, simplified trial, or full trial.

3.4.3 Existing summary judgment applications included in proceedings transferred to the court are stayed until determined by the court.

3.4.4 These rules apply accordingly, subject to any actions taken by the Judge under rule 3.4.2, as if the proceedings had started in a District Court.

3.5.1 This rule applies to a person entitled under section 4(1) of the Maori Language Act 1987 to speak Māori in a proceeding or at the hearing of an interlocutory application.

3.5.2 If a person to whom this rule applies wishes to speak Māori in a proceeding or at the hearing of an interlocutory application, that person, or if the person is a witness, the party intending to call that person, must file and serve on every other party to the proceeding a notice of his or her intention to speak Māori.

3.5.3 The notice must state that the person intends to speak Māori at—

• (a) all conferences and hearings; or

• (b) all conferences and hearings held after a specified conference or hearing; or

• (c) a specified conference or hearing.

3.5.4 The notice must be in form HCF G 12.

3.5.5 The notice must be filed and served,—

• (a) if the person intends to speak Māori at all conferences and hearings, not less than 15 working days before the first conference or hearing; or

• (b) if the person intends to speak Māori at conferences and hearings held after a particular conference or hearing, not less than 15 working days before the first conference or hearing at which the person intends to speak Māori; or

• (c) if the person intends to speak Māori at a particular conference or hearing, not less than 15 working days before the conference or hearing.

3.6.1 A person upon whom in any proceeding a document is served is entitled to receive a translation of the document into the Māori language if he or she—

• (a) applies, orally or in writing, to the Registrar in the place where the proceeding is pending, within 15 working days after the date of service, for a translation into the Māori language of the document; and

• (b) states a postal address for the service of the translation (if an address for service has not already be given); and

• (c) satisfies the Registrar that he or she is unable to read the document but could read it if it were translated into the Māori language.

3.6.2 The Registrar must require that translation to be prepared by the party or person on whose behalf the document was served.

3.6.3 The translation must be certified correct by a person holding an endorsed certificate of competency under section 18 of the Maori Language Act 1987.

3.6.4 The translation may be served—

• (a) personally; or

• (b) at the address for service (if any) of the person entitled to the translation; or

• (c) by sending it by registered post addressed to that person at the stated postal address.

3.6.5 When the translation is sent by registered post, it is treated as having been served when it would be delivered or available for delivery at its address in the ordinary course of registered post.

3.6.6 The costs of preparing, certifying, and serving the translation are in the discretion of the court as costs in the proceeding.

3.6.7 Unless the court otherwise orders,—

• (a) the document is treated as not having been served until the translation is served in accordance with rule 3.6.4; and

• (b) the proceeding in which the document is issued must be stayed as far as the person entitled to the translation is concerned until the translation is so served; and

• (c) every subsequent document served on the person in the proceeding and every enforcement process or other process issued against the person to enforce any judgment entered or order made in the proceeding must, unless the person is at the time represented by a solicitor, be accompanied by a translation into the Māori language complying with this rule.

A failure to comply with rule 3.5 does not prevent a person speaking Māori at a conference or hearing, but—

• (a) the court may adjourn the conference or hearing to enable the Registrar to arrange for a person who holds a certificate of competency under section 15(2)(a) or (c) of the Maori Language Act 1987, or some other person competent to interpret Māori, to be available at the adjourned conference or hearing:

• (b) the court may treat the failure to comply as a relevant consideration in an award of costs.

3.8.1 The court may at any time order that a translation into the Māori language, complying with rules 3.6.2 to 3.6.7, of any document served, before or after the making of the order, upon a Māori person concerned in a proceeding be served on that person, whether or not the person has applied for it under rule 3.6.1.

3.8.2 An order may be made subject to such terms and conditions as the court thinks fit in the interests of justice.

3.8.3 The court may, on ordering a translation under this rule, grant an adjournment of the proceeding if it thinks fit in the interests of justice.

3.9.1 An affidavit in a language other than English (non-English-language affidavit) may be filed in a proceeding.

3.9.2 The non-English-language affidavit must be accompanied by an affidavit by an interpreter to which is exhibited—

• (a) a copy of the non-English-language affidavit; and

• (b) the interpreter’s translation of the non-English-language affidavit.

3.10.1 Any person permitted by the New Zealand Sign Language Act 2006 to use New Zealand Sign Language in a proceeding or at the hearing of any interlocutory application or at a conference must give the court and all other parties 15 working days' notice of that person’s intention to do so.

3.10.2 A Judge may at any time, on application by or on behalf of a party, make any order that he or she thinks fit in the interests of justice relating to—

• (a) providing, with the Registrar’s assistance, a competent interpreter, and ensuring that the interpreter is available; and

• (b) the interpretation of the sign language into English or Māori and the interpretation of English or Māori words used in court into sign language; and

• (c) the costs of and incidental to any interpretation ordered; and

• (d) the method of making and recording the sign language communication.

3.10.3 A failure to give notice as required by rule 3.10.1 does not prevent any permitted person using New Zealand Sign Language, however—

• (a) the failure is a relevant consideration in an award of costs; and

• (b) the Judge may adjourn the conference or hearing or trial to enable the Registrar to arrange for a competent interpreter to be available at the adjourned conference or hearing or trial.

3.10.4 In this rule, competent interpreter means an interpreter who meets the standards of competency specified in regulations made under the New Zealand Sign Language Act 2006; and in the absence of such regulations means a person who the Judge is satisfied is competent to translate from English or Māori (as the case requires) into New Zealand Sign Language and from New Zealand sign language into English or Māori (as the case requires).

In this rule and rules 3.12 to 3.22, unless the context otherwise requires,—

3.12.1 Rules 3.11 and 3.13 to 3.22 apply to documents while they are in the custody or control of the court and until they are transferred to Archives New Zealand.

3.12.2 These rules do not require any person to prepare a document that is not in existence at the time the document is sought.

3.12.3 Nothing in rules 3.11 or 3.13 to 3.22 applies to documents to which the Family Courts Rules 2002 apply.

Subject to rule 3.18, every person has the right to access the formal court record kept in an office of the court.

3.14.1 The parties to a proceeding, and their counsel, may (whether during or after the completion of the proceeding), under the supervision of an officer of the court,—

• (a) search and inspect the court file or any document relating to the proceeding, without payment of a fee; and

• (b) copy any part or parts of the court file or any document relating to the proceeding on payment of any prescribed fee.

3.14.2 Despite rule 3.14.1, a record of court proceedings in electronic form may be copied only with the permission of the court.

3.14.3 Despite rule 3.14.1, a Judge may direct that the court file or any document relating to the proceeding not be accessed by the parties or their counsel without the permission of the court.

3.15.1 This rule applies during the hearing of a proceeding (other than the hearing of an interlocutory application) and until—

• (a) the close of the 20th working day after the court has given the final judgment on the proceeding; or

• (b) the discontinuance of the proceeding before the final judgment is given.

3.15.2 During the period to which this rule applies, any person may access any of the following documents relating to the proceeding:

• (a) any pleading, reference, notice, or application filed in the court:

• (b) affidavits, depositions, or other written statements admitted into evidence for the purposes of the hearing:

• (c) documents admitted into evidence for the purposes of the hearing:

• (d) if any evidence given orally at the hearing has been transcribed, a transcript of that evidence.

3.15.3 Despite rule 3.15.2, a Judge may, on his or her initiative or on request, direct that any document, or part of a document, relating to the proceeding not be accessed without the permission of a Judge.

3.15.4 A request for access to a document under this rule is made informally to the Registrar by letter that—

• (a) identifies the requested document; and

• (b) gives the reasons for the request.

3.15.5 The following provisions apply when a request for access to a document is made under rule 3.15.4:

• (a) the Registrar must promptly give the parties or their counsel a copy of the request:

• (b) a party who wishes to object must, before the relevant deadline (within the meaning of rule 3.16), give written notice of the objection to the Registrar, to the person who made the request, and to the other parties or their counsel:

• (c) on receipt of an objection, the Registrar must promptly refer the objection and the request to the Judge for determination:

• (d) unless the document is subject to a restriction stated in rule 3.15.3 or 3.18, the Registrar must promptly give the person who made the request access to the document—

  • (i) if the Registrar receives no objection before the expiry of the relevant deadline (within the meaning of rule 3.16); or

  • (ii) if the parties or their counsel earlier agree that the person be given access to the document:

• (e) every request that relates to a document that is subject to a restriction under rule 3.15.3 or 3.18 is taken to be a request for the permission of a Judge, and must be promptly referred to the Judge by the Registrar.

3.15.6 The Judge may determine an objection referred to the Judge under rule 3.15.5(c) or a request for permission under rule 3.15.3 or 3.15.5(e) in any manner the Judge considers just.

3.15.7 For the purposes of rule 3.15.2(b) and (c), admitted into evidence does not include evidence admitted provisionally.

3.16.1 For the purpose of rule 3.15, where a party or counsel receives a copy of a request given to the party or counsel under that rule, relevant deadline means whichever of the following times is applicable:

• (a) if the copy of the request is received on a day on which the hearing is proceeding, 3 pm on the first working day after the date on which the copy is received:

• (b) if the copy of the request is received on any other day, 3 pm on the third working day after the date on which the copy is received.

3.16.2 For the purposes of rule 3.16.1, a person is deemed to receive a request—

• (a) on the day on which it is emailed, faxed, or handed to the person:

• (b) on the day after the date on which it is posted to the person.

3.16.3 This rule overrides HCR rule 6.6 (as applied by rule 3.44.7).

If a person is not eligible to access a document, court file, or any part of the formal court record under any of rules 3.13 to 3.15, the person may access the document, court file, or any part of the formal court record with the permission of the court, given on an application made under rule 3.19.

3.18.1 Any right or permission conferred or given by these rules to access a document, court file, or any part of the formal court record is subject to—

• (a) any enactment, court order, or direction limiting or prohibiting access or publication; and

• (b) the payment of any prescribed fees for access.

3.18.2 A person may not access a document, court file, judgment, or order that relates to a proceeding brought under an enactment specified in rule 3.18.3 unless—

• (a) the person is a party to that proceeding; or

• (b) the court permits the person to do so.

3.18.3 The enactments are as follows:

• (a) Adoption Act 1955:

• (b) Alcoholism and Drug Addiction Act 1966:

• (c) Arbitration Act 1996:

• (d) Care of Children Act 2004:

• (e) Child Support Act 1991:

• (f) Civil Union Act 2004:

• (g) Domestic Violence Act 1995:

• (h) Family Proceedings Act 1980:

• (i) Family Protection Act 1955:

• (j) Harassment Act 1997:

• (k) Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003:

• (l) Marriage Act 1955:

• (m) Mental Health (Compulsory Assessment and Treatment) Act 1992:

• (n) Property (Relationships) Act 1976:

• (o) Protection of Personal and Property Rights Act 1988:

• (p) any former provisions corresponding to provisions of any of the Acts mentioned in paragraphs (a) to (o).

3.18.4 A person may search, inspect, or copy a document, court file, judgment, or order of a District Court relating to an application under HCR 9.60 (which relates to the service of New Zealand subpoenas in Australia) only with the leave of a Judge.

3.19.1 This rule applies whenever the permission of the court is necessary under these rules and is sought to access a document, court file, or any part of the formal court record, except where access may be sought under rule 3.15.

3.19.2 An application under this rule is made informally to the Registrar by a letter that—

• (a) identifies the document, court file, or part of the formal court record that the applicant seeks to access; and

• (b) gives the reasons for the application.

3.19.3 The application is heard and determined by a Judge or, if a Judge directs the Registrar to do so, by the Registrar.

3.19.4 On receipt of an application made in accordance with rule 3.19.2, the Judge or Registrar may direct that the person file an interlocutory application or originating application.

3.19.5 The applicant must give notice of the application to any person who is, in the opinion of the Judge or Registrar, adversely affected by the application.

3.19.6 The Judge or Registrar may dispense with the giving of notice under rule 3.19.5 if it would be impracticable to require notice to be given.

3.19.7 The Judge or Registrar may deal with an application on the papers, at an oral hearing, or in any other manner the Judge or Registrar considers just.

3.20.1 The Judge or Registrar may refuse an application made under rule 3.19 or grant it in whole or in part without conditions or subject to any conditions that the Judge or Registrar thinks appropriate.

3.20.2 A Judge may permit access to a series of files for the purposes of research.

3.21.1 Any decision by a Registrar under rule 3.20 is subject to review by a Judge on the application of the applicant or any person affected.

3.21.2 HCR 2.11 (as applied by rule 3.48.6) applies as if the reference in that rule to a party were a reference to the applicant or any person affected.

In determining an application under rule 3.19, or a request for permission under rule 3.15, or the determination of an objection under that rule, the Judge or Registrar must consider the nature of, and the reasons for, the application or request and take into account each of the following matters that is relevant to the application, request, or objection:

• (a) the orderly and fair administration of justice:

• (b) the protection of confidentiality, privacy interests (including those of children and other vulnerable members of the community), and any privilege held by, or available to, any person:

• (c) the principle of open justice, namely, encouraging fair and accurate reporting of, and comment on, court hearings and decisions:

• (d) the freedom to seek, receive, and impart information:

• (e) whether a document to which the application or request relates is subject to any restriction under rule 3.18:

• (f) any other matter that the Judge or Registrar thinks just.

Particulars of the hearing in chambers of any proceeding or interlocutory application or of the decision or both (including the reasons for the decision) may be published unless a Judge or Registrar, exercising jurisdiction in chambers, otherwise directs.

3.24.1 On the application of a party in a proceeding allocated a trial, the court may make orders on any terms that it thinks fit for the examination of any person on oath before a Judge or Registrar at a time and place (other than that appointed or to be appointed for the hearing of the proceeding) appointed by the court.

3.24.2 The application must be made by way of notice.

3.24.3 Immediately on receiving the order for examination, the Registrar must—

• (a) appoint a time and place for the examination; and

• (b) notify the applicant of the time and place appointed; and

• (c) give notice in form 15 to all interested parties of the intention to hold the examination and of the appointed time and place.

3.24.4 At any time after receiving an order for examination under this rule, the Registrar may issue a witness summons under rule 12.2.

3.25.1 The examination of the witnesses must take place in court or in the Registrar’s office, except that the Registrar may, if he or she thinks fit, examine any witness at any other place; and the parties may attend the examination with or without counsel or a solicitor.

3.25.2 The Registrar may administer an oath to each witness, who may be examined, cross-examined, and re-examined as at the trial of a proceeding.

3.25.3 However, if a witness who attends at an examination under this rule is represented at that examination by a solicitor, the Registrar may, if the parties to the proceeding agree, allow the witness to give evidence by affidavit instead of, or in addition to, being examined on oath by the Registrar.

3.25.4 In any case, the witness may be cross-examined and re-examined on the facts deposed to in the affidavit or on any other matter on which the witness could have been cross-examined or re-examined at the trial of the proceeding.

3.25.5 The deposition must be taken down in writing by or in the presence of the Registrar.

3.25.6 The time limits in rule 2.45.2 for the examination, cross-examination, and re-examination of witnesses apply under this rule as if the proceeding were a short trial.

3.26.1 The Registrar does not have power to decide on the admissibility of any evidence.

3.26.2 If a party objects to any evidence,—

• (a) the Registrar must take down the question and the answer, or admit the document, and make a note of the objection on the deposition:

• (b) the court may, on application by a party, decide the validity of the objection.

3.26.3 If the witness objects to any question put to the witness before the Registrar,—

• (a) the Registrar must make a note of the question and the objection on the deposition:

• (b) the court may, on application by the witness, decide the validity of the objection.

3.27.1 This rule applies if a witness refuses to—

• (a) attend; or

• (b) be sworn; or

• (c) answer any lawful question; or

• (d) produce any document.

3.27.2 The Registrar must make and sign a certificate of refusal and file it in the court.

3.27.3 The party requiring the attendance of the witness may apply to a Judge for an order directing the witness to do 1 or more of the following:

• (a) attend:

• (b) be sworn:

• (c) answer any question:

• (d) produce any document.

3.27.4 The Judge may make any order the Judge thinks fit.

3.27.5 When the examination of each witness has been concluded, the Registrar must read the deposition to the witness, and they must both sign each page. If the witness refuses to sign the deposition, the Registrar must make a note of the refusal on the deposition, and the deposition may be tendered in evidence, even though it is not signed by the witness.

3.27.6 Forms 16 and 17 must be attached to the depositions, and those documents together with any exhibits suitably marked and the certificate of costs in accordance with rule 3.28 must be sent to the office of the court at which the trial of the proceeding is to take place.

3.28.1 The costs of the examination, together with the allowances for solicitors and witnesses in accordance with Schedules 2 and 3, must be certified by the Registrar in form 18.

3.28.2 However, the costs and allowances are in all cases in the discretion of the court.

3.29.1 This rule applies if, at the time appointed or at any adjournment, the party applying to take evidence fails to appear or fails to proceed with the examination.

3.29.2 The Registrar must—

• (a) strike out the application; and

• (b) immediately send to the court of hearing a certificate in form 19 together with the documents referred to in rule 3.27.6; and

• (c) if the opposite party appears, forward a certificate of costs in accordance with rule 3.28.

3.30.1 Evidence given in accordance with these rules before any Registrar may be tendered in the proceeding in respect of which the examination took place as if the evidence were given in the course of the hearing of that proceeding, and the signature of the Registrar to the deposition must be judicially noticed without any proof of it.

3.30.2 On the application of the opposite party and on being satisfied that the party securing an order for examination is not proceeding with due diligence to implement the order, the court may rescind the order and make any other order that it thinks fit in the interests of justice.

3.30.3 If, in the opinion of the court, the credibility of a witness whose evidence has been taken at a distance is likely to be of decisive importance, the court may decline to accept the deposition and require the party tendering it to call the witness to give oral evidence at the hearing.

HCR 1.20—lawyers' duties.

3.32.1 HCR 3.17—application for order.

3.32.2 HCR 3.18—powers of court in relation to application.

3.32.3 HCR 3.19—disposal of securities and income.

3.32.4 Neither the Registrar nor the Crown is liable for any loss either of capital or of income in respect of any investment made under and in accordance with an order under rule 3.32.2.

3.33.1 HCR 4.1—limit on parties.

3.33.2 HCR 4.2—plaintiffs.

3.33.3 HCR 4.3—defendants.

3.33.4 HCR 4.23—trustees, executors, and administrators.

3.33.5 HCR 4.24—persons having same interest.

3.33.6 HCR 4.25—partners.

3.33.7 HCR 4.26—person trading as firm.

3.33.8 HCR 4.27—representation by other persons.

3.33.9 HCR 4.28—relators.

3.34.1 HCR 4.29—incapacitated person, litigation guardian, and minor defined.

3.34.2 HCR 4.30—incapacitated person must be represented by litigation guardian.

3.34.3 HCR 4.31—minor must be represented by litigation guardian.

3.34.4 HCR 4.32—minor may apply to conduct proceeding without litigation guardian.

3.34.5 HCR 4.33—application of rules 4.34 to 4.46 to minors.

3.34.6 HCR 4.34—court may set aside step in proceeding.

3.34.7 HCR 4.35—appointment of litigation guardian.

3.34.8 HCR 4.36—application to be served on person for whom litigation guardian is to be appointed.

3.34.9 HCR 4.37—notification of appointment.

3.34.10 HCR 4.38—powers of litigation guardian.

3.34.11 HCR 4.39—heading on documents when incapacitated person is represented.

3.34.12 HCR 4.40—service of documents.

3.34.13 HCR 4.41—representation to be disregarded in making award of costs.

3.34.14 HCR 4.42—award of costs enforceable against incapacitated person or litigation guardian.

3.34.15 HCR 4.43—liability of former litigation guardian for costs subsequently awarded against incapacitated person.

3.34.16 HCR 4.44—compliance with liability order.

3.34.17 HCR 4.45—litigation guardian may be reimbursed for costs out of property of incapacitated person.

3.34.18 HCR 4.46—retirement, removal, or death of litigation guardian.

3.34.19 HCR 4.47—procedure where person ceases to be incapacitated person.

3.34.20 HCR 4.48—procedure when minor attains full age.

3.35.1 HCR 4.49—proceeding not to come to end. This rule applies subject to section 52 of the District Courts Act 1947.

3.35.2 HCR 4.50—procedure on death, bankrupcy, and devolution.

3.35.3 HCR 4.51—devolution when proceeding pending.

3.35.4 HCR 4.52—new parties order.

3.35.5 HCR 4.53—discharge or variation of new parties order.

3.35.6 HCR 4.54—change of name.

3.35.7 HCR 4.55—parties wrongly joined.

3.35.8 HCR 4.56—striking out and adding parties.

3.36.1 For the purposes of rules 3.36.2 to 3.36.8, unless the context otherwise requires,—

3.36.2 HCR 4.58—right to interplead. Subclause (1) applies as if it referred to an application under section 111 of the Act. Subclause (2) applies as if it referred to any enforcement process under Part 15 of these rules to recover personal property (rather than to a sale order or possession order within the meaning of the High Court Rules).

3.36.3 HCR 4.59—form of application.

3.36.4 HCR 4.60—affidavit in support.

3.36.5 HCR 4.61—time for applying.

3.36.6 HCR 4.62—claimants to file affidavits.

3.36.7 HCR 4.63—powers of court.

3.36.8 HCR 4.64—costs of applicant.

3.37.1 HCR 5.36—authority to file documents.

3.37.2 HCR 5.37—solicitor’s warranty as to authorisation to file documents.

3.37.3 HCR 5.38—solicitor on record.

3.37.4 HCR 5.39—authority to sign documents.

3.37.5 HCR 5.40—change of representation or address for service.

3.37.6 HCR 5.41—withdrawal of solicitor who has ceased to act for party.

3.37.7 HCR 5.42—address for service of party whose solicitor has ceased to act.

3.37.8 HCR 5.43—solicitors to inform clients of orders or directions.

3.37.9 HCR 5.44—memorandum at end of first document filed by party. First documents filed under rule 2.17 are taken to comply with this rule so long as they are in the form set out in Schedule 1 or authorised under rule 1.24.2.