DISTRICT COURT CIVIL PROCEDURE (FORMS) RULES - CHAPTER 336D DISTRICT COURT CIVIL PROCEDURE (FORMS) RULES - LONG TITLE Empowering section (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (FORMS) RULES - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 336 section 72) [1 September 1963] (L.N. 105 of 1963) DISTRICT COURT CIVIL PROCEDURE (FORMS) RULES - RULE 1 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (FORMS) RULES - RULE 1 Citation VerDate:30/06/1997 These rules may be cited as the District Court Civil Procedure (Forms) Rules. DISTRICT COURT CIVIL PROCEDURE (FORMS) RULES - RULE 2 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (FORMS) RULES - RULE 2 Interpretation VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) In these rules, unless the context otherwise requires- "Court" (法院、法庭) means the District Court and any judge of the Court sitting in court or in chambers. (2) Any word or expression which is not defined in the Ordinance or in these rules shall have the meaning assigned to it by the Rules of the High Court (Cap 4 sub. leg.). (25 of 1998 s. 2) "Court" (法院、法庭) DISTRICT COURT CIVIL PROCEDURE (FORMS) RULES - RULE 2 Interpretation VerDate:30/06/1997 (1) In these rules, unless the context otherwise requires- "Court" (法院 、法庭) means the District Court and any judge of the Court sitting in court or in chambers. (2) Any word or expression which is not defined in the Ordinance or in these rules shall have the meaning assigned to it by the Rules of the Supreme Court (Cap 4 sub. leg.). "Court" (法院 、法庭) DISTRICT COURT CIVIL PROCEDURE (FORMS) RULES - RULE 3 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (FORMS) RULES - RULE 3 Commencement of proceedings VerDate:30/06/1997 The proceedings described in the First Schedule shall be commenced in the Court by the issue of the process appearing in that Schedule against such proceedings. DISTRICT COURT CIVIL PROCEDURE (FORMS) RULES - RULE 4 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (FORMS) RULES - RULE 4 Forms VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) The forms set forth in the Second Schedule shall be used in the Court in the cases to which they respectively have reference, with such variations and additions as the circumstances of the particular case may require, and shall, as regards the form thereof, be valid and sufficient. (2) Where no appropriate form is prescribed by these rules or by any other enactment, the appropriate form for the time being prescribed by or under Order 1, rule 9 of the Rules of the High Court, with such modifications therein as are necessary to make such form applicable to the Court or as the circumstances of the particular case may require, shall be the prescribed form for the purpose of these rules, and shall, as regards the form thereof, be valid and sufficient. (25 of 1998 s. 2) DISTRICT COURT CIVIL PROCEDURE (FORMS) RULES - RULE 4 Forms VerDate:30/06/1997 (1) The forms set forth in the Second Schedule shall be used in the Court in the cases to which they respectively have reference, with such variations and additions as the circumstances of the particular case may require, and shall, as regards the form thereof, be valid and sufficient. (2) Where no appropriate form is prescribed by these rules or by any other enactment, the appropriate form for the time being prescribed by or under Order 1, rule 9 of the Rules of the Supreme Court, with such modifications therein as are necessary to make such form applicable to the Court or as the circumstances of the particular case may require, shall be the prescribed form for the purpose of these rules, and shall, as regards the form thereof, be valid and sufficient. DISTRICT COURT CIVIL PROCEDURE (FORMS) RULES - SCHEDULE 1 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (FORMS) RULES - SCHEDULE 1 VerDate:30/06/1997 [rule 3] Section Proceedings Process 37. Equity jurisdiction- (a) The administration of the estate of a deceased person. Originating Summons. (b) Execution of trust, etc. Originating Summons. (c) Foreclosure or redemption of mortgage, etc. Originating Summons. (d) Maintenance or advancement of an infant. Originating Summons. (e) Dissolution or winding up of any partnership. Petition. (f) Relief against any fraud or mistake. Petition. Appeal under section 43 of the Landlord and Tenant (Consolidation) Ordinance (Cap 7). Notice of Motion. Applications under section 27 of the Buildings Ordinance (Cap 123). Notice of Motion. Applications under section 30 of the Protection of Women and Juveniles Ordinance (Cap 213). Originating Summons. (L.N. 183 of 1970) DISTRICT COURT CIVIL PROCEDURE (FORMS) RULES - SCHEDULE 2 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (FORMS) RULES - SCHEDULE 2 FORMS VerDate:01/07/1997 [rule 4] FORM 1 TITLE TO ACTION: GENERAL FORM IN THE DISTRICT COURT OF HONG KONG Holden at ....................... * Action No. ............. of 19 .... BETWEEN A.B. Plaintiff. and C.D. [Defendant or Defendants]. * The appropriate court under rule 4 of the District Court Civil Procedure (General) Rules (Cap 336 sub. leg.). ____________ FORM 2 TITLE TO MATTER: GENERAL FORM IN THE DISTRICT COURT OF HONG KONG Holden at .......................* No. ................ of 19 ....... IN THE MATTER of [name of enactment, other than Part IV of the District Court Ordinance, Chapter 336, by which the court is empowered to entertain the proceedings] and IN THE MATTER of [name the trust, settlement or other matter in respect of which the proceedings arise] BETWEEN A.B. [Applicant, Petitioner or Appellant]. and C.D. Respondent. * The appropriate court under rule 4 of the District Court Civil Procedure (General) Rules (Cap 336 sub. leg.). ____________ FORM 3 AFFIDAVIT OF SERVICE I, make oath/do solemnly and sincerely and truly declare and affirm* and say that the within Writ and Notice to the Defendant ........................................................................... ....................... were served by me on the said defendant(s) on the ............ day of ................................. 19 ...., by delivering a copy thereof to Sworn/Affirmed* at the Courts of Justice, District Court Registry, Hong Kong the ........... day of ................................. 19 ....... Before me, A Commissioner, &c. * Delete whichever is inapplicable. Note. When there is an Order for substituted service, the return should strictly follow the words of the order. (L.N. 183 of 1970; L.N. 314 of 1997) ____________ FORM 4 WRIT-DEBT OR LIQUIDATED DAMAGES (front) [title as in Form 1] TO THE DEFENDANT. THE PLAINTIFF CLAIMS- $ ￠ DEBT/LIQUIDATED DAMAGES ................................................. (Particulars overleaf) COSTS- Court fee ........................................................................... ........ Solicitor's charge ........................................................................ _________ Total .............. ========= Judgment may be obtained against you and enforced without further notice unless, within 14 days of the service of this writ, you- (a) Admit the claim and pay, in cash or by banker's or postal order, the total amount of the claim and costs into Court in which event further proceedings will be stayed and you will not be further liable; or (b) File at the Court a defence or counterclaim. Dated this day of 19 . Registrar. L.S. The address(es) of the Plaintiff(s) is(are) 1. ............................................ 2. ............................................ The address(es) of the Defendant(s) is(are) 1. ............................................ 2. ............................................ Filed by ...................................................................... of ............................................ ................................................ Solicitors for the Plaintiff. SEE OVER (Reverse as in Form 5) (L.N. 183 of 1970; L.N. 164 of 1981; L.N. 178 of 1986; L.N. 180 of 1996) ____________ FORM 5 WRIT-DEBT OR LIQUIDATED DAMAGES (reverse) PARTICULARS OF CLAIM The Plaintiff's claim is for- and the Plaintiff(s) abandon(s) any excess of his/their claim over $40000.00 in accordance with the provisions of section 34 of the District Court Ordinance, Chapter 336. Affidavit of Service. Bailiff's Notes, etc. I, make oath/do solemnly, sincerely and truly declare and affirm* and say that the within Writ was served by me on the said defendant(s) on the day of 19 by delivering a copy thereof to Sworn/Affirmed at the Courts of Justice, District Court Registry, Hong Kong, the day of 19 . Before me, A Commissioner, &c. * Delete whichever is inapplicable. (L.N. 183 of 1970; L.N. 330 of 1983; L.N. 180 of 1996; L.N. 314 of 1997) ____________ FORM 5A NOTICE TO BE SERVED WITH WRIT TO THE DEFENDANT. 1. If you admit the claim but are not in position to make immediate payment, you may file an application for time to pay or to make payment by instalments. The application must be accompanied by an affidavit setting out in full ALL the details of your financial position. NOTE that the filing of an application will not prevent the plaintiff from enforcing judgment against you unless and until your application is granted by a Judge. 2. If you dispute the claim or part of it, or if you have a counterclaim against the plaintiff, you must file a defence or counterclaim setting out the reasons why you dispute the claim or upon which you base your counterclaim. 3. Any defence or counterclaim must be- (a) written in the Chinese language or English language; (b) delivered by hand to the registry of this Court together with a copy. Note. If there is more than one plaintiff, you should deliver as many copies of your defence or counterclaim as there are plaintiffs. 4. If you are in any doubt as to what to do on receipt of this writ, or in any other matter connected with this case, you should consult a solicitor or the registry clerk of this Court. * If you are not represented by counsel or a solicitor you may find it convenient to use a form similar to the following- "Defence to Action No. .................... (here insert the number on the writ) I dispute the plaintiff's claim for the following reasons- 1. ...................................................... (each separate matter should be dealt with 2. ...................................................... in a separate paragraph) 3. ...................................................... and/or I counterclaim against the plaintiff as follows- 1. ...................................................... 2. ...................................................... 3. ...................................................... Signed .............................................. Full name and address of defendant ........................................................................... ...........................". (L.N. 183 of 1970; L.N. 180 of 1996; L.N. 314 of 1997) ____________ FORM 6 WRIT-RECOVERY OF IMMOVABLE PROPERTY (front) [title as in Form 1] TO THE DEFENDANT. THE PLAINTIFF CLAIMS- Recovery of property together with arrears of rent and mesne profits up to the date on which possession is given (particulars overleaf) ........................ Costs- Court fee ........................................................................... ............... Solicitor's charge ........................................................................... .... _________ Total ...................... ========= Judgment may be obtained against you and enforced without further notice unless, within 14 days of the service of this writ, you- (a) Admit the claim and give up possession of the property claimed and pay into Court, in cash or by banker's or postal order, the total amount of the arrears of rent and mesne profits claimed and costs, in which event further proceedings will be stayed and you will not be further liable; or (b) File at the Court a defence or counterclaim. Dated this day of 19 . Registrar. L.S. The address(es) of the Plaintiff(s) is(are) 1. ................................................. 2. ................................................. The address(es) of the Defendant(s) is(are) 1. ................................................. 2. ................................................. Filed by ...................................................................... of ................................................. ................................................ Solicitors for the Plaintiff. SEE OVER (Reverse as in Form 7) (L.N. 183 of 1970; L.N. 164 of 1981; L.N. 178 of 1986; L.N. 180 of 1996) ____________ FORM 7 WRIT-RECOVERY OF IMMOVABLE PROPERTY (reverse) [title as in Form 1] PARTICULARS OF CLAIM The Plaintiff's claim is for- Affidavit of Service. Bailiff's Notes, etc. I, make oath/do solemnly, sincerely and truly declare and affirm* and say that the within Writ was served by me on the said defendant(s) on the day of 19 by delivering a copy thereof to Sworn/Affirmed* at the Courts of Justice, District Court Registry, Hong Kong, the day of 19 . Before me, A Commissioner, &c. * Delete whichever is inapplicable. (L.N. 183 of 1970; L.N. 180 of 1996; L.N. 314 of 1997) ____________ FORM 8 WRIT-GENERAL FORM (front) [title as in Form 1] TO THE DEFENDANT. Particulars of THE PLAINTIFF'S CLAIM against you are set out overleaf. Judgment may be obtained against you and enforced without further notice unless within 14 days of the service of this writ you file at the Court a defence or counterclaim. Dated this day of 19 . Registrar. L.S. The address(es) of the Plaintiff(s) is(are) 1. ................................................. 2. ................................................. Filed by ...................................................................... of ................................................. ................................................ Solicitors for the Plaintiff. SEE OVER (Reverse as in Form 7) (L.N. 183 of 1970; L.N. 164 of 1981; L.N. 178 of 1986; L.N. 180 of 1996) ____________ FORM 9 (Repealed L.N. 183 of 1970) ____________ FORM 10 SUMMONS INTER PARTES (front) [title as in Form 1] TO ........................................................................... ............................ OF ........................................................................... ............................ YOU ARE HEREBY SUMMONED to appear before His Honour ......... ................... at his Chambers at the said Court on ............. day, the .............. day of ................................. 19 ...... at ............... o'clock in the fore/afternoon on the hearing of an application on the part of the Plaintiff(s)/Defendant(s) for an Order to be made that (1)- (1) State the Object of the application. And you are to take notice that if you do not appear the Court may consider and deal with the application in a summary way. Dated this .............. day of ............... 19....... The address of the Plaintiff(s)/Defendant(s)* is ........................................................................... ......................................................................... The address of the Plaintiff's'/Defendant's'* solicitor(s) is ........................................................................... ........................................................... ....................................................................+ Seal of the Court. ....................................................................... *Plaintiff(s)/Defendant(s)/Solicitor/Counsel. * Delete whichever is inapplicable. + Name of Registrar. SEE OVER (Reverse as in Form 11) (L.N. 180 of 1996) ____________ FORM 11 SUMMONS INTER PARTES (reverse) Affidavit of Service. Bailiff's Notes, etc. I, make oath/do solemnly, sincerely and truly declare and affirm* and say that the within Summons was served by me on the said defendant(s) on the day of 19 by delivering a copy thereof to Sworn/Affirmed at the Courts of Justice, District Court Registry, Hong Kong, the day of 19 . Before me, A Commissioner, &c. * Delete whichever is inapplicable. (L.N. 180 of 1996; L.N. 314 of 1997) ____________ FORM 12 EX PARTE SUMMONS (front) [title as in Form 1] Application on the part of ....................................................................... of ........................................................................... .............................. is made for an Order that(1)- (1) State the Object of the application. The address of the Plaintiff(s)/Defendant(s)* is ........................................................................... ......................................................................... The address of the Plaintiff's'/Defendant's'* solicitor(s) is......................................................................... .............................................................. ....................................................................+ Seal of the Court. ...................................................................... *Plaintiff(s)/Defendant(s)/Solicitor/Counsel. * Delete whichever is inapplicable. + Name of Registrar. ____________ FORM 13 PETITION [title as in Form 1] To His Honour the Judge of the said Court THE PETITION OF ........................................................................... ................................... of......................................................................... .................................................................. SHEWETH: That [here state the grounds upon which the Petitioner claims to be entitled to an Order]. your Petitioner prays that an Order may be made in the following terms [here state your terms of the Order for which the Petitioner prays]. * The names and addresses of the persons upon whom it is intended to serve this Petition are shown in the Schedule overleaf. * It is not intended to serve any person with this Petition. * The name and address of the Petitioner's solicitor is .............................................................. ...................... of ........................................................................... ....................................... Dated this .............. day of ................... 19 ...... .......................................................................... Seal of the Court. .......................................................................... *Petitioner/Solicitor for Petitioner. * Delete whichever is inapplicable. SEE OVER (Reverse as in Form 14) ____________ FORM 14 PETITION (reverse) SCHEDULE Names and addresses of the persons upon whom it is intended to serve this Petition. Affidavit of Service. Bailiff's Notes, etc. I, make oath/do solemnly, sincerely and truly declare and affirm* and say that the within Petition was served by me on the said respondent(s) on the day of 19 by delivering a copy thereof to Sworn/Affirmed at the Courts of Justice, District Court Registry, Hong Kong, the day of 19 . Before me, A Commissioner, &c. * Delete whichever is inapplicable. (L.N. 314 of 1997) ____________ FORM 15 THIRD PARTY NOTICE (front) [title as in Form 1] and Third Party. TAKE NOTICE that this action has been brought by the Plaintiff against the Defendant and that the Defendant claims against you- (a) that he is entitled to contribution from you to the extent of ; (b) that he is entitled to be indemnified by you against liability in respect of ; (c) that he is entitled to the following relief or remedy relating to or connected with the original subject-matter of the action, namely ; or (d) that the following question or issue relating to or connected with the subject-matter of the action should properly be determined as between the Plaintiff and the Defendant and the third party, namely The particulars of the Defendant's claim are AND TAKE NOTICE that if you dispute the Plaintiff's claim against the Defendant or the Defendant's claim against you, you must, within 14 days of the service of this notice, file at the Court a defence. AND FURTHER TAKE NOTICE that in default of your filing a defence within the specified time you will be deemed to admit- (i) the Plaintiff's claim against the Defendant; (ii) the Defendant's claim against you; (iii) your liability to contribute to the extent claimed or to indemnify the Defendant; (iv) the Defendant's right to the relief or remedy claimed in paragraph (c), and will be bound by any judgment in the action which may be enforced against you. Dated this day of 19 . Registrar. L.S. (L.N. 183 of 1970; L.N. 164 of 1981; L.N. 330 of 1983; L.N. 178 of 1986) ____________ FORM 15A NOTICE OF DEFENCE [title as in Form 1] TO THE PLAINTIFF. 1. I enclose a copy of the defence which has been filed in the action brought by you. 2. If you wish this action to be tried you should complete the attached form of application and return it to the Court. 3. If you desire any particular date, or if any particular date is not suitable to you, you may mention this and the reasons therefor in space headed "Remarks" and as far as is consonant with the commitments of the Court consideration will be given to your request. ............................................ Registrar. (L.N. 183 of 1970; L.N. 180 of 1996) ____________ FORM 15B APPLICATION TO FIX A DATE FOR TRIAL [title as in Form 1] TO THE REGISTRAR. 1. Application is hereby made for a date to be fixed for the trial of this action. It is estimated that the trial will last ............... days. The number of witnesses to be called is ............ *2. Application is also made for an order for mutual discovery and inspection of documents within 10 days of the order fixing the date of the trial. Remarks. Signed ..................................................... Plaintiff/Solicitor for Plaintiff or Defendant/Solicitor for Defendant. * Strike out if discovery and inspection not required. (L.N. 183 of 1970) ____________ FORM 16 APPLICATION FOR ENTRY OF JUDGMENT IN DEFAULT OF DEFENCE - DEBT, LIQUIDATED DAMAGES OR RENT (front) [title as in Form 1] To the Registrar of the District Court of Hong Kong, holden at ................................................. ........................................................................... ................................................................... APPLICATION is hereby made in accordance with the provisions of rule 22 of the District Court Civil Procedure (General) Rules (Cap 336 sub. leg.), that judgment be entered for the Plaintiff(s) in the above action in the amount claimed, with costs, namely- Amount claimed ........................................................................... ......... $ Fixed costs and court fees ..................................................................... $ Additional costs and court fees on judgment ............................................ $ _________________________________________ Total ........................................................................... ................. $ *Less at amount paid by the Defendant(s) to the Plaintiff(s) since the issue of the writ ........................................................................... ................ $ _________________________________________ Net Total ........................................................................... ........... $ ========== pursuant to leave granted on the .................... day of ..................................................... 19 ..., by the above-mentioned Court in accordance with the provisions of that rule. Dated this ............. day of ........................ 19 ...... ...........................................................+ Seal of the Court. ............................................................. * Plaintiff(s)/Solicitor/Counsel. * Delete whichever is inapplicable. + Name of Registrar. SEE OVER (Reverse as in Form 17 or Form 18) (L.N. 183 of 1970) ____________ FORM 17 AFFIDAVIT GROUNDING APPLICATION FOR ENTRY OF JUDGMENT IN DEFAULT OF DEFENCE-DEBT OR LIQUIDATED DAMAGES (reverse) [title as in Form 1] I, ........................................................................... ................................................................ OF ........................................................................... ............................................................. make oath/do solemnly, sincerely and truly declare and affirm* and say that- 1. *I am the plaintiff in the above action. *I am the solicitor for the above-named plaintiff and am duly authorized by him to make this affidavit/affirmation. *I am the sole proprietor, partner, manager, salesman of the plaintiff firm and I am duly authorized by the plaintiffs to make this affidavit/affirmation. *I am one of the plaintiffs in the above action and I am duly authorized by my co-partners to make this affidavit/affirmation. and the facts deposed hereto are within my own knowledge. defendant(s)* me* 2. The --------------------- is/are justly and truly indebted to ------------------ in the sum of 1st defendant(s)* plaintiff firm* $ for (describe the claim) and was so indebted at the commencement of this action. 3. The particulars of the said claim appear by the endorsement on the writ in this action. 4. *Since the commencement of this action the sum of $ .................. has been paid to the plaintiff(s) on account of the said debt. The defendant(s) is still justly and truly indebted to the plaintiff(s) in the sum of $.......................... 5. *The exhibits marked and annexed hereto are in support of my* ------------------ claim. the plaintiff(s)* OR *There are no documents supporting this claim. SWORN/AFFIRMED at the District Court Registry, Hong Kong this day of 19 , having first been duly interpreted to the Deponent/Affirmant in dialect of the Chinese language by- Sworn Interpreter*. } Before me, A Commissioner, &c. * Delete whichever is inapplicable. (L.N. 183 of 1970; L.N. 314 of 1997) ____________ FORM 18 AFFIDAVIT GROUNDING APPLICATION FOR ENTRY OF JUDGMENT IN DEFAULT OF DEFENCE-RENT (reverse) [title as in Form 1] I, ........................................................................... ................................................................ OF ........................................................................... ............................................................. make oath/do solemnly, sincerely and truly declare and affirm* and say that- 1. *I am the plaintiff in the above action. *I am the solicitor for the above-named plaintiff and am duly authorized by him to make this affidavit/affirmation. *I am the sole proprietor, partner, manager, salesman of the plaintiff firm and I am duly authorized by the plaintiffs to make this affidavit/affirmation. *I am one of the plaintiffs in the above action and I am duly authorized by my co-partners to make this affidavit/affirmation. and the facts deposed hereto are within my own knowledge. defendant(s)* 2. The --------------------- is/are justly and truly indebted to me in the sum of $ 1st defendant(s)* for rent and was/were so indebted at the commencement of this action. 3. The particulars of the said claim appear by the endorsement on the writ in this action. 4. *The premises in respect of which the rent is claimed are not excepted from the provisions of Part I of the Landlord and Tenant (Consolidation) Ordinance (Cap 7). *The premises in respect of which the rent is claimed are excepted from the provisions of Part I of the Landlord and Tenant (Consolidation) Ordinance (Cap 7), because e.g. the premises form part of an entirely new building in respect of which the written permit of the Building Authority to occupy the same was granted after 16 August 1945. If the premises ARE EXCEPTED from the provisions of Part I of the Landlord and Tenant (Consolidation) Ordinance (Cap 7), FURTHER ADD: 5. *The tenancy in respect of which the rent is claimed are not excepted from the provisions of Part II of the Landlord and Tenant (Consolidation) Ordinance (Cap 7). *The tenancy in respect of which the rent is claimed are excepted from the provisions of Part II of the Landlord and Tenant (Consolidation) Ordinance (Cap 7), because e.g. on 30 March 1963, the said tenancy enjoyed protection under section 117 of that Ordinance. *The said tenancy is for a fixed term of three years or more the agreement for which contains no provision for earlier determination of the same other than for breach of any of the provisions of that agreement. 6. *Since the commencement of this action the sum of $ .......................... has been paid to the plaintiff(s) on account of the said debt. The defendant(s) is/are still justly and truly indebted to the plaintiff(s) in the sum of $ ..................... 7. The rent claimed is not in excess of the amount recoverable by law. SWORN/AFFIRMED at the District Court Registry, Hong Kong this day of 19 , having first been duly interpreted to the Deponent/Affirmant in the dialect of the Chinese language by- Sworn Interpreter*. } Before me, A Commissioner, &c. * Delete whichever is inapplicable. (L.N. 183 of 1970; L.N. 314 of 1997) ____________ FORM 19 [rule 61B(3)] PRAECIPE FOR ISSUE OF JUDGMENT SUMMONS in the District Court of Hong Kong holden at No. of Matter Judgment summons { Between Applicant and Respondent Judgment creditor's full name and address ........................................................................... .... Judgment debtor's full name and address ........................................................................... ...... I apply for the issue of a judgment summons against the above-named judgment debtor in respect of an order made in this Court [or as the case may be] on the day of 19 , for [state nature of order]. [If it be the case I intend to apply to the Court at the hearing of the proposed judgment summons for leave to enforce arrears which became due more than twelve months before the date of the proposed summons]. I am aware that, if I do not prove to the satisfaction of the Court at the hearing that the judgment debtor has, or has had since the date of the said order, the means to pay the sum in respect of which he has made default and that he has refused or neglected, or refuses or neglects, to pay it, I may have to pay the costs of the summons. [Add, except where judgment summons is to issue in the District Court in which order was made: I certify that the said order has not been modified or discharged and that there is no order of commitment in this matter which remains unsatisfied. I further certify that no writ of fieri facias has been issued to enforce the said order [or, if a writ of fieri facias has been issued, give details and state what return to it has been made.].] Dated this day of 19 . [Solicitor for the] Judgment Creditor. Amount due and unpaid in respect of the order and costs ........................... $ Costs of this summons ........................................................................... .. $ Travelling expenses to be paid to the judgment debtor ................................ $ _____________________________________________ $ (L.N. 11 of 1978) ____________ FORM 20 [rule 61B(4)] JUDGMENT SUMMONS [Heading as in Form 19] WHEREAS the above-named (hereinafter called "the judgment creditor") obtained an order in this Court (or as the case may be) on the day of 19 , against (hereinafter called the "Judgment debtor") for [state nature of order]. AND WHEREAS default has been made in respect of the sum of $ payable under the said order and the judgment creditor has required this judgment summons to be issued against you, the said judgment debtor. YOU ARE HEREBY SUMMONED to appear personally before the Judge sitting on the day of 19 , at o'clock, in the noon, at Court situate at , to be examined on oath touching the means you have, or have had since the date of the said order, to pay the said sum in payment of which you have made default and also to show cause why you should not be committed to prison for such default. [AND TAKE NOTICE that the judgment creditor intends to apply to the Court at the hearing of this judgment summons for leave to enforce arrears which became due more than twelve months before the date of this summons]. Dated this day of 19 . Amount due and unpaid in respect of order and costs ............................... $ Costs of this summons ........................................................................... $ Travelling expenses to be paid to the judgment debtor .............................. $ _________________________________________ Sum on payment of which this summons will be discharged ...................... $ _________________________________________ Note: If payment is made too late to prevent the judgment creditor's attendance on the day of hearing, you may be liable for further costs. [The judgment creditor's solicitor is ] (L.N. 11 of 1978) ____________ FORM 21 APPLICATION FOR A DECLARATION THAT A CUSTOMARY / VALIDATED MARRIAGE SUBSISTS [title as in Form 1] SHEWETH: 1. That ....................., a ...................................................................... (hereinafter called the "Applicant") was on the ........... day of ............................................................... married to ......................., a .............., at .......................................................................... 2. The said marriage was a customary marriage/a validated marriage. 3. The following persons were witnesses to the marriage- (i) (ii) (iii) (iv) (V) 4. There are the following children of the marriage- (i) (ii) (iii) (iv) (V) (vi) 5. That the Applicant's present address and occupation are- 6. That the Respondent's present address and occupation are- 7. PARTICULARS [Here set out full particulars of the marriage and give a list of any documents in support of the application]. 8. And your Applicant prays that a declaration be made that a customary/validated marriage subsists between the parties. Dated this day of 19 . ............................................. Applicant. (L.N. 101 of 1970) DISTRICT COURT CIVIL PROCEDURE (FORMS) RULES - SCHEDULE 2 FORMS VerDate:30/06/1997 [rule 4] FORM 1 TITLE TO ACTION: GENERAL FORM IN THE DISTRICT COURT OF HONG KONG Holden at ....................... * Action No. ............. of 19 .... BETWEEN A.B. Plaintiff. and C.D. [Defendant or Defendants]. * The appropriate court under rule 4 of the District Court Civil Procedure (General) Rules (Cap 336 sub. leg.). ____________ FORM 2 TITLE TO MATTER: GENERAL FORM IN THE DISTRICT COURT OF HONG KONG Holden at .......................* No. ................ of 19 ....... IN THE MATTER of [name of enactment, other than Part IV of the District Court Ordinance, Chapter 336, by which the court is empowered to entertain the proceedings] and IN THE MATTER of [name the trust, settlement or other matter in respect of which the proceedings arise] BETWEEN A.B. [Applicant, Petitioner or Appellant]. and C.D. Respondent. * The appropriate court under rule 4 of the District Court Civil Procedure (General) Rules (Cap 336 sub. leg.). ____________ FORM 3 AFFIDAVIT OF SERVICE I, make oath/do solemnly and sincerely and truly declare and affirm* and say that the within Writ and Notice to the Defendant ........................................................................... ........................... were served by me on the said defendant(s) on the ............ day of .............. 19 ...., by delivering a copy thereof to Sworn/Affirmed* at the Courts of Justice, Victoria / Kowloon / Fanling* District Registry, Hong Kong the ........... day of .............. 19 .... Before me, A Commissioner, &c. * Delete whichever is inapplicable. Note. When there is an Order for substituted service, the return should strictly follow the words of the order. (L.N. 183 of 1970) ____________ FORM 4 WRIT-DEBT OR LIQUIDATED DAMAGES (front) [title as in Form 1] TO THE DEFENDANT. THE PLAINTIFF CLAIMS- $ ￠ DEBT / LIQUIDATED DAMAGES ................................................. (Particulars overleaf) COSTS- Court fee ........................................................................... ........ Solicitor's charge ........................................................................ _________ Total .............. ========= Judgment may be obtained against you and enforced without further notice unless, within 14 days of the service of this writ, you- (a) Admit the claim and pay, in cash or by banker's or postal order, the total amount of the claim and costs into Court in which event further proceedings will be stayed and you will not be further liable; or (b) File at the Court a defence or counterclaim. Dated this day of 19 . Registrar. L.S. The address(es) of the Plaintiff(s) is(are) 1. ............................................ 2. ............................................ The address(es) of the Defendant(s) is(are) 1. ............................................ 2. ............................................ Filed by ...................................................................... of ............................................ ................................................ Solicitors for the Plaintiff. SEE OVER (Reverse as in Form 5) (L.N. 183 of 1970; L.N. 164 of 1981; L.N. 178 of 1986; L.N. 180 of 1996) ____________ FORM 5 WRIT-DEBT OR LIQUIDATED DAMAGES (reverse) PARTICULARS OF CLAIM The Plaintiff's claim is for- and the Plaintiff(s) abandon(s) any excess of his/their claim over $40000.00 in accordance with the provisions of section 34 of the District Court Ordinance, Chapter 336. Affidavit of Service. Bailiff's Notes, etc. I, make oath/do solemnly, sincerely and truly declare and affirm* and say that the within Writ was served by me on the said defendant(s) on the day of 19 by delivering a copy thereof to Sworn/Affirmed at the Courts of Justice, Victoria / Kowloon / Fanling* District Registry, Hong Kong, the day of 19 . Before me, A Commissioner, &c. * Delete whichever is inapplicable. (L.N. 183 of 1970; L.N. 330 of 1983; L.N. 180 of 1996) ____________ FORM 5A NOTICE TO BE SERVED WITH WRIT TO THE DEFENDANT. 1. If you admit the claim but are not in position to make immediate payment, you may file an application for time to pay or to make payment by instalments. The application must be accompanied by an affidavit setting out in full ALL the details of your financial position. NOTE that the filing of an application will not prevent the plaintiff from enforcing judgment against you unless and until your application is granted by a Judge. 2. If you dispute the claim or part of it, or if you have a counterclaim against the plaintiff, you must file a defence or counterclaim setting out the reasons why you dispute the claim or upon which you base your counterclaim. 3. Any defence or counterclaim must be- (a) written in the English language; (b) delivered by hand to the registry of this Court together with a copy. Note. If there is more than one plaintiff, you should deliver as many copies of your defence or counterclaim as there are plaintiffs. 4. If you are in any doubt as to what to do on receipt of this writ, or in any other matter connected with this case, you should consult a solicitor or the registry clerk of this Court. * If you are not represented by counsel or a solicitor you may find it convenient to use a form similar to the following- "Defence to Action No. .................... (here insert the number on the writ) I dispute the plaintiff's claim for the following reasons- 1. ........................................................ (each separate matter should be dealt with 2. ........................................................ in a separate paragraph) 3. ........................................................ and/or I counterclaim against the plaintiff as follows- 1. ........................................................ 2. ........................................................ 3. ........................................................ Signed ............................................................... Full name and address of defendant ........................................................................... ...........................". (L.N. 183 of 1970; L.N. 180 of 1996) ____________ FORM 6 WRIT - RECOVERY OF IMMOVABLE PROPERTY (front) [title as in Form 1] TO THE DEFENDANT. THE PLAINTIFF CLAIMS- Recovery of property together with arrears of rent and mesne profits up to the date on which possession is given (particulars overleaf) ................. Costs- Court fee ........................................................................... ........ Solicitor's charge ........................................................................ _________ Total .............. ========= Judgment may be obtained against you and enforced without further notice unless, within 14 days of the service of this writ, you- (a) Admit the claim and give up possession of the property claimed and pay into Court, in cash or by banker's or postal order, the total amount of the arrears of rent and mesne profits claimed and costs, in which event further proceedings will be stayed and you will not be further liable; or (b) File at the Court a defence or counterclaim. Dated this day of 19 . Registrar. L.S. The address(es) of the Plaintiff(s) is(are) 1. ............................................ 2. ............................................ The address(es) of the Defendant(s) is(are) 1. ............................................ 2. ............................................ Filed by ...................................................................... of ............................................ ................................................ Solicitors for the Plaintiff. SEE OVER (Reverse as in Form 7) (L.N. 183 of 1970; L.N. 164 of 1981; L.N. 178 of 1986; L.N. 180 of 1996) ____________ FORM 7 WRIT-RECOVERY OF IMMOVABLE PROPERTY (reverse) [title as in Form 1] PARTICULARS OF CLAIM The Plaintiff's claim is for- Affidavit of Service. Bailiff's Notes, etc. I, make oath/do solemnly, sincerely and truly declare and affirm* and say that the within Writ was served by me on the said defendant(s) on the day of 19 by delivering a copy thereof to Sworn/Affirmed* at the Courts of Justice, Victoria / Kowloon / Fanling* District Registry, Hong Kong, the day of 19 . Before me, A Commissioner, &c. * Delete whichever is inapplicable. (L.N. 183 of 1970; L.N. 180 of 1996) ____________ FORM 8 WRIT - GENERAL FORM (front) [title as in Form 1] TO THE DEFENDANT. Particulars of THE PLAINTIFF'S CLAIM against you are set out overleaf. Judgment may be obtained against you and enforced without further notice unless within 14 days of the service of this writ you file at the Court a defence or counterclaim. Dated this day of 19 . Registrar. L.S. The address(es) of the Plaintiff(s) is(are) 1. ............................................ 2. ............................................ Filed by ...................................................................... of ............................................ ................................................ Solicitors for the Plaintiff. SEE OVER (Reverse as in Form 7) (L.N. 183 of 1970; L.N. 164 of 1981; L.N. 178 of 1986; L.N. 180 of 1996) ____________ FORM 9 (Repealed L.N. 183 of 1970) ____________ FORM 10 SUMMONS INTER PARTES (front) [title as in Form 1] TO ........................................................................... ............................ OF ........................................................................... ............................ YOU ARE HEREBY SUMMONED to appear before His Honour ......... ................... at his Chambers at the said Court on ............. day, the .............. day of .................... 19 ...... at ............... o'clock in the fore / afternoon on the hearing of an application on the part of the Plaintiff(s) / Defendant(s) for an Order to be made that (1)- (1) State the Object of the application. And you are to take notice that if you do not appear the Court may consider and deal with the application in a summary way. Dated this .............. day of ............... 19....... The address of the Plaintiff(s) / Defendant(s)* is ........................................................................... ............................................................... The address of the Plaintiff's'/ Defendant's'* solicitor(s) is ........................................................................... ................................................. ....................................................................+ Seal of the Court. ...................................................................... *Plaintiff(s) / Defendant(s) / Solicitor / Counsel. * Delete whichever is inapplicable. + Name of Registrar. SEE OVER (Reverse as in Form 11) (L.N. 180 of 1996) ____________ FORM 11 SUMMONS INTER PARTES (reverse) Affidavit of Service. Bailiff's Notes, etc. I, make oath/do solemnly, sincerely and truly declare and affirm* and say that the within Summons was served by me on the said defendant(s) on the day of 19 by delivering a copy thereof to Sworn/Affirmed at the Courts of Justice, Victoria / Kowloon / Fanling* District Registry, Hong Kong, the day of 19 . Before me, A Commissioner, &c. * Delete whichever is inapplicable. (L.N. 180 of 1996) ____________ FORM 12 EX PARTE SUMMONS (front) [title as in Form 1] Application on the part of .................................................................... of ........................................................................... ........................... is made for an Order that(1) - (1) State the Object of the application. The address of the Plaintiff(s) / Defendant(s)* is ........................................................................... ................................................................ The address of the Plaintiff's'/ Defendant's'* solicitor(s) is......................................................................... ...................................................... ....................................................................+ Seal of the Court. ...................................................................... *Plaintiff(s) / Defendant(s) / Solicitor / Counsel. * Delete whichever is inapplicable. + Name of Registrar. ____________ FORM 13 PETITION [title as in Form 1] To His Honour the Judge of the said Court THE PETITION OF ........................................................................... ................................... of......................................................................... .................................................................. SHEWETH: That [here state the grounds upon which the Petitioner claims to be entitled to an Order]. your Petitioner prays that an Order may be made in the following terms [here state your terms of the Order for which the Petitioner prays]. * The names and addresses of the persons upon whom it is intended to serve this Petition are shown in the Schedule overleaf. * It is not intended to serve any person with this Petition. *The name and address of the Petitioner's solicitor is ............................................................... ...................... of ........................................................................... ....................................... Dated this .............. day of ................... 19 ...... .......................................................................... Seal of the Court. .......................................................................... *Petitioner / Solicitor for Petitioner. * Delete whichever is inapplicable. SEE OVER (Reverse as in Form 14) ____________ FORM 14 PETITION (reverse) SCHEDULE Names and addresses of the persons upon whom it is intended to serve this Petition. Affidavit of Service. Bailiff's Notes, etc. I, make oath/do solemnly, sincerely and truly declare and affirm* and say that the within Petition was served by me on the said respondent(s) on the day of 19 by delivering a copy thereof to Sworn/Affirmed at the Courts of Justice, Victoria / Kowloon / Fanling* District Registry, Hong Kong, the day of 19 . Before me, A Commissioner, &c. * Delete whichever is inapplicable. ____________ FORM 15 THIRD PARTY NOTICE (front) [title as in Form 1] and Third Party. TAKE NOTICE that this action has been brought by the Plaintiff against the Defendant and that the Defendant claims against you- (a) that he is entitled to contribution from you to the extent of ; (b) that he is entitled to be indemnified by you against liability in respect of ; (c) that he is entitled to the following relief or remedy relating to or connected with the original subject-matter of the action, namely ; or (d) that the following question or issue relating to or connected with the subject-matter of the action should properly be determined as between the Plaintiff and the Defendant and the third party, namely The particulars of the Defendant's claim are AND TAKE NOTICE that if you dispute the Plaintiff's claim against the Defendant or the Defendant's claim against you, you must, within 14 days of the service of this notice, file at the Court a defence. AND FURTHER TAKE NOTICE that in default of your filing a defence within the specified time you will be deemed to admit- (i) the Plaintiff's claim against the Defendant; (ii) the Defendant's claim against you; (iii) your liability to contribute to the extent claimed or to indemnify the Defendant; (iv) the Defendant's right to the relief or remedy claimed in paragraph (c), and will be bound by any judgment in the action which may be enforced against you. Dated this day of 19 . Registrar. L.S. (L.N. 183 of 1970; L.N. 164 of 1981; L.N. 330 of 1983; L.N. 178 of 1986) ____________ FORM 15A NOTICE OF DEFENCE [title as in Form 1] TO THE PLAINTIFF. 1. I enclose a copy of the defence which has been filed in the action brought by you. 2. If you wish this action to be tried you should complete the attached form of application and return it to the Court. 3. If you desire any particular date, or if any particular date is not suitable to you, you may mention this and the reasons therefor in space headed "Remarks" and as far as is consonant with the commitments of the Court consideration will be given to your request. ............................................ Registrar. (L.N. 183 of 1970; L.N. 180 of 1996) ____________ FORM 15B APPLICATION TO FIX A DATE FOR TRIAL [title as in Form 1] TO THE REGISTRAR. 1. Application is hereby made for a date to be fixed for the trial of this action. It is estimated that the trial will last ............... days. The number of witnesses to be called is ............ *2. Application is also made for an order for mutual discovery and inspection of documents within 10 days of the order fixing the date of the trial. Remarks. Signed .................................................. Plaintiff / Solicitor for Plaintiff or Defendant / Solicitor for Defendant. * Strike out if discovery and inspection not required. (L.N. 183 of 1970) ____________ FORM 16 APPLICATION FOR ENTRY OF JUDGMENT IN DEFAULT OF DEFENCE - DEBT, LIQUIDATED DAMAGES OR RENT (front) [title as in Form 1] To the Registrar of the District Court of Hong Kong, holden at ................................................. ........................................................................... ................................................................... APPLICATION is hereby made in accordance with the provisions of rule 22 of the District Court Civil Procedure (General) Rules (Cap 336 sub. leg.), that judgment be entered for the Plaintiff(s) in the above action in the amount claimed, with costs, namely- Amount claimed ........................................................................... .......... $ Fixed costs and court fees ...................................................................... $ Additional costs and court fees on judgment ............................................. $ _________ Total ........................................................................... .................... $ *Less at amount paid by the Defendant(s) to the Plaintiff(s) since the issue of the writ ........................................................................... .................... $ _________ Net Total ........................................................................... .................... $ ========= pursuant to leave granted on the .................... day of ..................................................... 19 ..., by the above-mentioned Court in accordance with the provisions of that rule. Dated this ............. day of ............... 19 ... ...........................................................+ Seal of the Court. ............................................................. *Plaintiff(s) / Solicitor / Counsel. * Delete whichever is inapplicable. + Name of Registrar. SEE OVER (Reverse as in Form 17 or Form 18) (L.N. 183 of 1970) ____________ FORM 17 AFFIDAVIT GROUNDING APPLICATION FOR ENTRY OF JUDGMENT IN DEFAULT OF DEFENCE-DEBT OR LIQUIDATED DAMAGES (reverse) [title as in Form 1] I, ........................................................................... ................................................................ OF ........................................................................... ............................................................. make oath/do solemnly, sincerely and truly declare and affirm* and say that- 1. *I am the plaintiff in the above action. *I am the solicitor for the above-named plaintiff and am duly authorized by him to make this affidavit/affirmation. *I am the sole proprietor, partner, manager, salesman of the plaintiff firm and I am duly authorized by the plaintiffs to make this affidavit/affirmation. *I am one of the plaintiffs in the above action and I am duly authorized by my co-partners to make this affidavit/affirmation. and the facts deposed hereto are within my own knowledge. defendant(s)* me* 2. The --------------------- is/are justly and truly indebted to ------------------ in the sum of 1st defendant(s)* plaintiff firm* $ for (describe the claim) and was so indebted at the commencement of this action. 3. The particulars of the said claim appear by the endorsement on the writ in this action. 4. *Since the commencement of this action the sum of $ .................. has been paid to the plaintiff(s) on account of the said debt. The defendant(s) is still justly and truly indebted to the plaintiff(s) in the sum of $.......................... 5. *The exhibits marked and annexed hereto are in support my* of ------------------ claim. the plaintiff(s)* OR *There are no documents supporting this claim. SWORN/AFFIRMED at the Victoria / Kowloon District Registry, Hong Kong this day of 19 , having first been duly interpreted to the Deponent/Affirmant in dialect of the Chinese language by- Sworn Interpreter*. } Before me, A Commissioner, &c. * Delete whichever is inapplicable. (L.N. 183 of 1970) ____________ FORM 18 AFFIDAVIT GROUNDING APPLICATION FOR ENTRY OF JUDGMENT IN DEFAULT OF DEFENCE-RENT (reverse) [title as in Form 1] I, ........................................................................... ................................................................ OF ..................................................................... .................................................................. make oath/do solemnly, sincerely and truly declare and affirm* and say that- 1. *I am the plaintiff in the above action. *I am the solicitor for the above-named plaintiff and am duly authorized by him to make this affidavit/affirmation. *I am the sole proprietor, partner, manager, salesman of the plaintiff firm and I am duly authorized by the plaintiffs to make this affidavit/affirmation. *I am one of the plaintiffs in the above action and I am duly authorized by my co-partners to make this affidavit/affirmation. and the facts deposed hereto are within my own knowledge. defendant(s)* 2. The --------------------- is/are justly and truly indebted to me in the sum of $ 1st defendant(s)* for rent and was/were so indebted at the commencement of this action. 3. The particulars of the said claim appear by the endorsement on the writ in this action. 4. *The premises in respect of which the rent is claimed are not excepted from the provisions of Part I of the Landlord and Tenant (Consolidation) Ordinance (Cap 7). *The premises in respect of which the rent is claimed are excepted from the provisions of Part I of the Landlord and Tenant (Consolidation) Ordinance (Cap 7), because e.g. the premises form part of an entirely new building in respect of which the written permit of the Building Authority to occupy the same was granted after 16 August 1945. If the premises ARE EXCEPTED from the provisions of Part I of the Landlord and Tenant (Consolidation) Ordinance (Cap 7), FURTHER ADD: 5. *The tenancy in respect of which the rent is claimed are not excepted from the provisions of Part II of the Landlord and Tenant (Consolidation) Ordinance (Cap 7). *The tenancy in respect of which the rent is claimed are excepted from the provisions of Part II of the Landlord and Tenant (Consolidation) Ordinance (Cap 7), because e.g. on 30 March 1963, the said tenancy enjoyed protection under section 117 of that Ordinance. *The said tenancy is for a fixed term of three years or more the agreement for which contains no provision for earlier determination of the same other than for breach of any of the provisions of that agreement. 6. *Since the commencement of this action the sum of $ .................. has been paid to the plaintiff(s) on account of the said debt. The defendant(s) is/are still justly and truly indebted to the plaintiff(s) in the sum of $ ..................... 7. The rent claimed is not in excess of the amount recoverable by law. SWORN/AFFIRMED at the Victoria / Kowloon District Registry, Hong Kong this day of 19 , having first been duly interpreted to the Deponent/Affirmant in the dialect of the Chinese language by- Sworn Interpreter*. } Before me, A Commissioner, &c. * Delete whichever is inapplicable. (L.N. 183 of 1970) ____________ FORM 19 [rule 61B(3)] PRAECIPE FOR ISSUE OF JUDGMENT SUMMONS in the District Court of Hong Kong holden at No. of Matter Judgment summons { Between Applicant and Respondent Judgment creditor's full name and address ........................................................................... .... Judgment debtor's full name and address ........................................................................... ...... I apply for the issue of a judgment summons against the above-named judgment debtor in respect of an order made in this Court [or as the case may be] on the day of 19 , for [state nature of order]. [If it be the case I intend to apply to the Court at the hearing of the proposed judgment summons for leave to enforce arrears which became due more than twelve months before the date of the proposed summons]. I am aware that, if I do not prove to the satisfaction of the Court at the hearing that the judgment debtor has, or has had since the date of the said order, the means to pay the sum in respect of which he has made default and that he has refused or neglected, or refuses or neglects, to pay it, I may have to pay the costs of the summons. [Add, except where judgment summons is to issue in the District Court in which order was made: I certify that the said order has not been modified or discharged and that there is no order of commitment in this matter which remains unsatisfied. I further certify that no writ of fieri facias has been issued to enforce the said order [or, if a writ of fieri facias has been issued, give details and state what return to it has been made.].] Dated this day of 19 . [Solicitor for the] Judgment Creditor. Amount due and unpaid in respect of the order and costs ........................... $ Costs of this summons ........................................................................... .. $ Travelling expenses to be paid to the judgment debtor ................................ $ __________ $ (L.N. 11 of 1978) ____________ FORM 20 [rule 61B(4)] JUDGMENT SUMMONS [Heading as in Form 19] WHEREAS the above-named (hereinafter called "the judgment creditor") obtained an order in this Court (or as the case may be) on the day of 19 , against (hereinafter called the "Judgment debtor") for [state nature of order]. AND WHEREAS default has been made in respect of the sum of $ payable under the said order and the judgment creditor has required this judgment summons to be issued against you, the said judgment debtor. YOU ARE HEREBY SUMMONED to appear personally before the Judge sitting on the day of 19 , at o'clock, in the noon, at Court situate at , to be examined on oath touching the means you have, or have had since the date of the said order, to pay the said sum in payment of which you have made default and also to show cause why you should not be committed to prison for such default. [AND TAKE NOTICE that the judgment creditor intends to apply to the Court at the hearing of this judgment summons for leave to enforce arrears which became due more than twelve months before the date of this summons]. Dated this day of 19 . Amount due and unpaid in respect of order and costs ................................ $ Costs of this summons ........................................................................... . $ Travelling expenses to be paid to the judgment debtor ............................... $ __________ Sum on payment of which this summons will be discharged ....................... $ __________ Note: If payment is made too late to prevent the judgment creditor's attendance on the day of hearing, you may be liable for further costs. [The judgment creditor's solicitor is ] (L.N. 11 of 1978) ____________ FORM 21 APPLICATION FOR A DECLARATION THAT A CUSTOMARY / VALIDATED MARRIAGE SUBSISTS [title as in Form 1] SHEWETH: 1. That ....................., a ...................................................................... (hereinafter called the "Applicant") was on the ........... day of ............................................................... married to ......................., a .............., at ......................................................................... 2. The said marriage was a customary marriage / a validated marriage. 3. The following persons were witnesses to the marriage- (i) (ii) (iii) (iv) (V) 4. There are the following children of the marriage- (i) (ii) (iii) (iv) (V) (vi) 5. That the Applicant's present address and occupation are- 6. That the Respondent's present address and occupation are- 7. PARTICULARS [Here set out full particulars of the marriage and give a list of any documents in support of the application]. 8. And your Applicant prays that a declaration be made that a customary / validated marriage subsists between the parties. Dated this day of 19 . ............................................. Applicant. (L.N. 101 of 1970)