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Appointment and discharge of solicitors

Muslim Marriage and Divorce Rules

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—(1) Where a party appoints a solicitor to act in any cause or matter on the party’s behalf, a notice of appointment of solicitor in Form 47 must be filed in the Court.(2) A solicitor who is acting for a party in any cause or matter must attend all proceedings in the Court relating to that cause or matter, including mediation sessions and pre-trial conferences.(2A) Paragraph (2) does not apply in respect of any proceedings for which a party files a notice of intention in accordance with paragraph (5) to act in person.(3) Where a party who has appointed a solicitor to act in any cause or matter appoints another solicitor in place of that solicitor —(a)a notice of change of solicitor in Form 48 must be filed in the Court; and(b)until that notice is filed and served in accordance with this rule, the first-mentioned solicitor is to be treated as the solicitor of the party.(4) A party giving a notice mentioned in paragraph (1) or (3) must serve a copy of the notice on every other party to the cause or matter and, in the case of a change of solicitors, on the former solicitor.(5) Where a party represented by a solicitor in any cause or matter intends and is entitled to act in person in any proceedings relating to that cause or matter, the party may make that change without an order by filing a notice of intention to act in person in Form 49, whether or not the solicitor in that cause or matter is subsequently discharged.(5A) A party filing a notice of intention under paragraph (5) must serve a copy of the notice of intention on every other party to the cause or matter and the solicitor representing the party in that cause or matter, and paragraph (3)(b) applies to the notice of intention as it applies to a notice of change of solicitor, except that the notice of intention must contain an address for service of the party giving notice.(6) Where a solicitor who has acted for a party in any proceedings or cause or matter ceases so to act, and the party has not given a notice of change in accordance with paragraph (3) or a notice of intention to act in person in accordance with paragraph (5) —(a)the solicitor may apply to the Court for an order declaring that the solicitor has ceased to be the solicitor acting for the party in the proceedings or cause or matter; and(b)the Court may make an order accordingly.(7) An application for an order under paragraph (6) must —(a)be made by summons in Form 50; and(b)be supported by an affidavit stating the grounds of the application.(8) Despite paragraph (6), until the solicitor serves a copy of the order and files a notice in Form 51, the solicitor is considered the solicitor of the party.

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