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How to Initiate A Court Family Action

 
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How to Initiate A Court Family Action

The form of the intitial writ for commencing a family action under the Ordinary Causes procedure.

Form of initial writ


3.1. (1) A cause shall be commenced-


(a) in the case of an ordinary cause, by initial writ in Form G1; or


(b) in the case of a commercial action within the meaning of Chapter 40, by
initial writ in Form G1A.


(2) The initial writ shall be written, typed or printed on A4 size paper of
durable quality and shall not be backed or folded.


(3) Where the pursuer has reason to believe that an agrreement exists
prorogating jurisdiction over the subject-matter of the cause to another court, the
initial writ shall contain details of that agreement.


(4) Where the pursuer has reason to believe that proceedings are pending
before another court involving the same cause of action and between the same
parties as those named in the instance of the initial writ, the initial writ shall contain
details of those proceedings.


(5) An article of condescendence shall be included in the initial writ averring


(a) the ground of jurisdiction; and


(b) the facts upon which the ground of jurisdiction is based.


(6) Where the residence, registered office or place of business, as the case
may be, of the defender is not known and cannot reasonably be ascertained, the
pursuer shall set out in the instance that the whereabouts of the defender are not
known and aver in the condescendence what steps have been taken to ascertain his
present whereabouts.

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