Part 65
Change of Attorneys
Contents of this Part
| Scope of this Part | Rule 65.1 |
| Change of attorney | Rule 65.2 |
| Change of agent | Rule 65.3 |
| Notice of appointment of attorney | Rule 65.4 |
| Application by another party to remove attorney from record | Rule 65.5 |
| Application by attorney to be removed from record | Rule 65.6 |
| Time when notice or order takes effect | Rule 65.7 |
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| Scope of this Part 65.1 This part deals with the procedure where - (a) there is a change of attorney; or (b) there is a change of agent; or (c) an attorney acts in the place of a party in person; or (d) a party who has previously acted by an attorney acts in person. Change of Attorney 65.2 When a party changes his attorney the new attorney must - (a) file notice of acting which - (i) states his business name, address, telephone number E mail address and facsimile transmission number; and (ii) if his business address is not within 3 miles of the court office, an address for service that is within that distance of the court office; and (b) serve a copy of the notice on every other party and the former attorney; and (c) file a certificate of service in accordance with paragraph (b). Change of Agent 65.3 Where a attorney changes his agent, the attorney must - (a) file notice of change of agent at the court office which - (i) states the business name, address, telephone number, E mail address and facsimile transmission number of the new agent; and, (ii) if his business address is not within 3 miles of the court office, an address for service that is within that distance of the court office; and (b) serve a copy of the notice on every other party and the former agent; and (c) file a certificate of service in accordance with paragraph (b). Notice of appointment of attorney 65.4 Where a person who has previously acted in person instructs a attorney, that attorney must - (a) file notice of acting at the court office which - (i) states his business name, address, telephone number, E mail address and facsimile transmission number; and, (ii) if his business address is not within 3 miles of the court office, an address for service that is within that distance the court office; and (b) serve a copy of the notice on every other party; and (c) file a certificate of service in accordance with paragraph (b). Party acting in person 65.5 Where a party who has previously been represented by a attorney decides to act in person he must - (a) file notice of acting in person at the court office which - (i) states his address, telephone number and E mail address and facsimile transmission number, if he has one ; and, (ii) if his address is not within 3 miles of the court office, an address for service within that distance of the court office; and (b) serve a copy of the notice on every other party and the former attorney; and (c) file a certificate of service in accordance with paragraph (b). Application by another party to remove name of attorney from the record 65.6 (1) Where - (a) an attorney on record for a party has - (i) died; or (ii) become bankrupt; or (iii) failed to take out a practising certificate; or (iv) been removed from the roll; and (b) notice of the appointment of a new attorney under rule 10.2 or of the party acting in person under rule 10.4 has not been received any other party may apply to the court for an order declaring that the attorney in question has ceased to act. (2) An application under this Part must be supported by evidence and must be served on the client of that attorney. (3) Any order made must be served by the applicant on the attorney or former attorney (if practicable) and personally on the client of that attorney. (4) The applicant must file a certificate of service of the order. Application by attorney to be removed from the record 65.7 (1) An attorney who wishes to be removed from the record as acting for a party may apply to the court for an order that he be removed from the record. (2) The application must be on notice to the client or former client and to all other parties. (3) The application must be supported by evidence but such evidence must not be served on any other party. (4) Any order made must be served by the applicant on the other parties' attorneys and personally on his lay client. (5) The applicant must file a certificate of service of the order. Time when notice or order takes effect 65.8 No notice under rule 65.2, 3 or 4, or order under rule 65.5 or 6 takes effect until service. |