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Order: 63ACommercial Proceedings: S.I. 2 of 2004 The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s): I. Preliminary Definitions 1.
'THE HIGH COURT COMMERCIAL'. Entry in the Commercial List 4. (1) Upon application made in accordance with sub rule 2 of this rule, commercial proceedings may be entered in the Commercial List by order of the Judge of the Commercial List.
(2) A party to commercial proceedings may, at any time prior to: (a) the close of pleadings, in the case of plenary proceedings, or (b) completion of the filing of affidavits, in the case of summary proceedings or any other proceedings to be heard on affidavit without pleadings, by motion on notice to the other party or parties to those proceedings, apply to the Judge of the Commercial List for an order entering the proceedings in the Commercial List. The notice of motion shall have appended thereto a certificate of the solicitor for the applicant to the effect that the proceedings are appropriate to be treated as commercial proceedings within the meaning of rule 1 of this Order, and setting out such facts relating to the proceedings as shall demonstrate this. (3) At the hearing of the motion referred to in sub rule 2 of this rule, the applicant shall produce the certificate appended to the notice of motion, or a certified copy or certified copies thereof, (4) Upon the hearing of the motion referred to in sub rule 2 of this rule, the Judge of the Commercial List may direct that the proceedings be entered in the Commercial List, in which event all further motions or applications in respect of such proceedings shall be made to a Judge. (5) Where the Judge of the Commercial List directs that proceedings be entered in the Commercial List in accordance with this rule, he shall: (a) fix a date for the initial directions hearing; or (b) treat the hearing of the motion as the initial directions hearing. Pre-trial procedure General 5. A Judge may, at any time and from time to time, of his own motion and having heard the parties, give such directions and make such orders, including the fixing of time limits, for the conduct of proceedings entered in the Commercial List, as appears convenient for the determination of the proceedings in a manner which is just, expeditious and likely to minimise the costs of those proceedings.
Initial directions 6.