Section 88 — District Court Act 2016: Procedure for transfer of proceeding

88 Procedure for transfer of proceeding (1) A notice or an application for the transfer of a proceeding under section 86 or 87 must be given or made within the prescribed period or, with the leave of a Judge, within any further time specified by the Judge. (2) An order transferring the proceeding may be made on such conditions as the Judge thinks fit including requiring the defendant to give security for the costs of the proceeding in the High Court. (3) Sections 86 and 87 apply to a counterclaim as if— (a) the counterclaim were a proceeding; and (b) the defendant in the counterclaim were the defendant in the proceeding. (4) On the transfer of a proceeding in which there is a counterclaim or on the transfer of a counterclaim, the whole proceeding, including the claim and the counterclaim, must be transferred to the High Court. (5) For the purposes of subsection (4), the Registrar of the relevant office of the District Court must send to the Registrar of the relevant registry of the High Court— (a) a sealed copy of the order transferring the proceeding; and (b) a copy of the documents by which the proceeding was commenced and of all other documents filed in the District Court in the proceeding; and (c) a copy of such other documents as the Judge of the District Court directs. Compare: 1947 No 16 s 43(3), (4)