Order 4 β Endorsement of Claim and Contact Information
Rule 1 Formatting of Originating Process.
Every originating process shall be printed on Opaque A4 paper of good quality and shall contain the claim, the relief or remedy sought with the full names and address of the claimant or appellant.
Rule 2 Endorsement to reflect Representative Capacity.
Where a claimant sues, or a defendant or any of several defendants is sued in a representative capacity, the originating process shall state that the suit is brought in that capacity.
Rule 3 Endorsement where Claim is liquidated demand.
Where the claim is for debt or liquidated demand only, the originating process shall state the amount claimed and shall further state that the defendant may pay the amount with costs to the claimant or the claimant’s Counsel within the time allowed for appearance and that upon such payment the proceedings shall terminate.
Rule 4 Originating process to indicate claimant's or counsel's contact information.
(1) A claimant suing in person shall state on the originating process the Claimant’s contact address(es), telephone number(s) and e-mail address(es) as the Claimant contact information for service of any Court process.
(2) Where a claimant sues through Counsel, the Counsel shall state on the originating process the address, telephone numbers and e-mail address(es) of the Counsel’s chambers as the contact information for service.
Provided that where the Claimant’s Counsel is domiciled outside the Judicial Division where the suit was filed, the Counsel shall in addition, state the address, telephone numbers and other contact information of Chambers within the Judicial Division of the Court as contact information for service of processes on the Claimant’s counsel.
(3) An originating process shall be signed by the Claimant or Counsel where the claimant sues through a Counsel.
(4) Where a party or his or her counsel changes the contact information as specified in this Rule, party or counsel to the party shall notify the Court and the other party or counsel to the other party of the change of contact information.
(5) Where a party or counsel representing a party fails to notify the Court, the other party or counsel to the other party of a change in the party’s contact information, service of any process on the party or on the party’s counsel through the contact information earlier provided in sub-rule (1) of this Rule shall be deemed good and sufficient service.
(6) A party instituting an action or process shall state on the originating process the contact addresses (residential and business) and telephone number(s) or e-mail addresses (where available) of the Defendant/Respondent as the contact information for service on the Defendant/Respondent.
Rule 5 When a process can be set aside for faulty contact information.
Where the originating process does not correctly state the contact information for service, it shall not be accepted and where such contact information is vague, fictitious or misleading, the Court on the application of the Defendant may set the process aside.