CAP. 152
Matrimonial Causes
[Rev. 2012]
claim made in the petition for alimony pending suit or to any claim made after the
filing of the petition for ancillary relief.
(2) The appearance may be entered at any time before a step has been taken in
default and thereafter by leave, except that in the case of an application for ancillary
relief the respondent may enter an appearance to the petition without leave in
accordance with the notice to appear contained in the application and limited to the
particular claim for ancillary relief, notwithstanding that a step in default may have
been taken against him in the proceedings on the petition.
(3) Any appearance under protest shall state concisely the grounds of protest,
and the party so appearing under protest shall before the expiration of the time
allowed for filing an answer apply for directions as to the determination of any
question arising by reason of such appearance under protest and, in default
of making such application, shall be deemed to have entered an unconditional
appearance.
(4) Any such directions may provide for the trial of a preliminary issue with or
without a stay of proceedings or for determination of the matters in question at the
hearing of the cause and for any interlocutory matters incidental thereto.
14. Amended and supplemental petitions
(1) A petition may be amended before service—
(a) without leave, upon the filing of an affidavit by the petitioner; or
(b) with leave, upon the filing of an affidavit of the advocate of the
petitioner,
verifying the new facts alleged.
After service a petition may be amended only with leave.
(2) A supplemental petition may be filed only after service of the original
proceedings and only with leave.
(3) An application for leave to amend a petition after service or for leave to
file a supplemental petition shall, unless otherwise directed, be supported by an
affidavit by the petitioner verifying the new facts alleged, and shall, unless otherwise
directed, be served on every opposite party who has entered an appearance, or
may, if no appearance has been entered, be made ex parte by filing the affidavit.
(4) Any affidavit filed under this rule shall verify the new facts of which the
deponent has personal knowledge and depose as to his belief in the truth of
the other new facts alleged, and as to the existence or otherwise of collusion,
connivance and condonation in the manner required by rule 6 of these Rules in
the case of the original petition.
(5) An order made under this rule shall—
(a) in cases where an appearance has been entered in the original
proceedings, fix the time within which the answer must be filed or
amended;
(b) if made after the registrar has given his certificate under rule 29 of
these Rules, provide for a stay of the hearing until that certificate has
been renewed.
[Issue 1]
M9 - 26
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