A citation compels action. Order 19 Division 9 of the National Court Rules 1983 provides three kinds, and abolishes a fourth.
Rules 45 to 48
Rule 45(1) — application is made by filing a request in Form 88.
Rule 45(2) — the person requesting issue shall (a) file an affidavit verifying the averments contained in the proposed citation; and (b) lodge two copies of the proposed citation.
Rule 46 — a citation must be settled by the Court before it is issued.
Rule 47 — a citation shall be under seal; and by Rule 48, on issue the Registrar shall file a copy of it.
Rules 50 to 52
| Citation | What it requires | Forms |
|---|---|---|
| To pray for administration — r 50 | A requirement of a person to pray for administration | Citation Form 90; answer Form 91 |
| To take probate — r 51 | A requirement of an executor named in a will to take probate | Citation Form 92; answer Form 93 |
| To see proceedings — r 52 | Notifies a non-party with an adverse interest that the proceedings may be heard and determined in his absence | Citation Form 94 |
(1) On the application of any party to proceedings to which Division 6 applies, a citation may be issued against any person who is not a party to the proceedings but who has an adverse interest to the applicant, notifying him that if he does not answer the citation by giving a notice of his intention to defend the proceedings, the proceedings may be heard and determined in his absence.
(3) Where a person cited to see proceedings has given a notice of intention to defend, he shall be entitled to such notice of the hearing or trial of the proceedings as if he were a defendant.
Rule 49
(1) A citation to bring in a grant, will or other document shall not be issued.
(2) This Rule does not limit the power of the Court to order a person to deposit in the Registry a grant, will or other document.
(3) An application under Section 47 of the Act for a show cause summons shall be made by originating summons, and (4) the summons shall be in Form 89.
(5) Order 4 Rules 24, 26, 28, 30, 31, 32, 35 and 36 apply with any necessary modifications as they apply to an originating summons.
Not by citation. Either by an order under Rule 49(2) that the person deposit in the Registry the document, or by a show cause summons under section 47 of the Wills, Probate and Administration Act 1966 in Form 89.
Rule 53
(1) This Rule applies to any citation other than a citation to see proceedings.
(2) In settling the citation the Court shall fix the time limited by the citation for answer to it.
(3) Subject to sub-rule (4), that time shall be — (a) in the case of service within Papua New Guinea — 14 days; and (b) in the case of service outside Papua New Guinea — three months.
(4) The Court may, in settling the citation, fix shorter or longer periods.
(5) An applicant who wants a different period shall include in his request for issue of the citation a statement of the period or periods which he requests be fixed and file an affidavit in support.
Sub-rule (5) puts the burden on the applicant to raise it in the Form 88 request, with a supporting affidavit. Once the citation has been settled with the standard period, changing it means a further application.
Rule 54
(1) A citation shall be served personally on the person cited.
(2) A citation may be served outside Papua New Guinea.
(3) Order 6 Division 2 (service outside Papua New Guinea) does not apply.
In ordinary proceedings, service outside the jurisdiction is governed by Order 6 Division 2 and its conditions. Rule 54(3) disapplies that Division entirely for citations.
A citation may therefore be served abroad as of right — which is why Rule 53(3)(b) allows three months to answer in that case.
Where the person to be served is a minor, the citation may be served if he is aged 16 years or upwards — on him; or on a parent of him or a guardian of his person or of his estate; or, failing both, on a person with whom he resides or in whose care he is.
Where the person is mentally disabled, service may be on the curator if there is one, or on a person with whom he resides or in whose care he is.
The citation may also be served on any person (including the disabled person) who the Court may, before or after the service, approve — and in every case must be served in the manner required by the Rules with respect to personal service. See disabled persons.
Rules 55 and 56
Rule 55(1) — Order 7 applies to a person cited to see proceedings as if the person cited were a defendant.
Rule 55(2) — but Order 7 Rules 7 (conditional notice) and 8 (setting aside originating process) do not apply.
(1) A person cited to see proceedings may, except where he has lodged a caveat requiring proof in solemn form, include in his notice of appearance a statement that he elects to be a defendant.
(2) He then becomes a defendant, and the proceedings continue as if he were joined as a defendant by the originating process and he were served with the originating process on the day on which he was served with the citation.
(3) Where the person cited has lodged a caveat requiring proof in solemn form, he may, after giving notice of intention to defend, apply for an order adding him as a party.
Sources
- National Court Rules 1983 — O 4 Div 4; O 5 Div 2; O 6 Div 2; O 7; O 19 rr 5, 45–59, 67, Divs 6, 9; Forms 88–94
The Wills, Probate and Administration Act 1966, including section 47, is not available on PacLII.
Before relying on anything here, read the current text of the National Court Rules 1983 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.