Order 5 — Issuance of Originating Processes

(1) The Registrar shall seal every Originating Process with the seal of the Court.

(2) A Claimant shall, on presenting any Originating Process for sealing, leave with the Registrar as many copies of the Originating Process as there are Defendants to be served and one copy for endorsement of service.

(3) The Claimant shall sign every copy which will then be certified, after verification, by the Registrar as a true copy of the original Originating Process filed.

The Registrar shall, after sealing an Originating Process:

(a) file it and note on it the date and time of filing and the number of copies supplied by the Claimant for service on the Defendant; and
(b) make an entry of the filing in the Cause book and identify the claim with a claim number comprising abbreviations of the judicial division, a chronological number and the year of filing.

The Registrar shall promptly arrange for personal service on each Defendant of a copy of the Originating Process and accompanying documents duly certified.

The Originating Process in Probate Actions shall be accompanied by an affidavit sworn to by a Plaintiff or Claimant or one of several Plaintiffs or Claimants verifying the contents of the process.

(1) The life span of every Originating Process shall be six months in the first instance.

(2) Where a Judge is satisfied that it has proved impossible to serve an Originating Process on any Defendant within its life span of six months, and the Claimant applies before its expiration for a renewal of the process, the Judge may order the renewal of the original form or concurrent process form referred to in this Rule, for three months from the date of such renewal.

(3) A renewed Claim Form shall be as in Form 6.

(4) The Judge may order a maximum of two renewals, in each case strictly for good cause and on prompt application, but an Originating Process that has not been served shall not be in force for longer than a total of twelve months.

(5) The Registrar shall state the fact, date and duration of renewal on every renewed Originating Process.

Where an Originating Process is lost after its issue, the Judge may upon being satisfied of the loss and of the correctness of the copy of it, order such copy of it to be filed and sealed in place of the lost Originating Process.

(1) A Claimant may, at the issuance of an Originating Process or at any time during its life span, issue one or several concurrent Originating Processes, each marked ‘CONCURRENT’, bearing the same date and time as the original one, but also indicating the date of its own issue.

(2) An Originating Process for service in the jurisdiction may be concurrent with one for service outside the jurisdiction, and vice versa.

(3) A concurrent Originating Process is a true copy of the Originating Process with such differences, if any, as are necessary having regard to the purpose for which the Originating Process is issued.