Acts and Regulations

Rule-45 - PLACE OF TRIAL

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Current to 1 January 2024
SETTING ACTIONS DOWN FOR TRIAL
RULE 45
PLACE OF TRIAL
45.01Place of Trial
Subject to any Act, and unless ordered otherwise, a trial shall take place in the judicial district where the proceeding was commenced.
45.02Change of Place of Trial
(1)Any party may apply to the court at any time to change the place of trial and shall show that
(a) it would be more convenient to have the action tried at the place proposed by him, or
(b) that, in the interest of justice, the action ought to be tried at that place.
(2)Where the court changes the place of trial
(a) for all subsequent purposes the proceeding shall be deemed to have been commenced in the judicial district in which the trial is to take place,
(b) the clerk shall forward the original file to the clerk of the judicial district in which the trial is to take place, and
(c) the clerk of the judicial district in which the trial is to take place shall assign a new court file number and advise the parties of the new court file number.
90-20