Θεσμοί Πολιτικής Δικονόμίας

2. A defendant shall enter his appearance to a writ of summons by delivering to the Registrar of the Registry mentioned in Rule 1 of this Order a memorandum in writing in conformity to the provisions of Rule 3 thereof, and by delivering at the plaintiff's address for service, on the same day as he delivers the memorandum to the Registrar, a duplicate of the memorandum dated, signed and sealed by the Registrar.

(b) contain an address for service within the municipal limits of the town or village in which the Registry mentioned in Rule 1 of this Order is situated. (Form 12). [Κείμενο προστέθηκε από: Δ.Κ. 29.4.2021:]

(c) περιέχει τον αριθμό δελτίου ταυτότητας του εναγομένου εάν είναι Κύπριος υπήκοος, τον αριθμό εγγραφής αλλοδαπού (Alien Registration Certificate - ARC) εάν αυτός διαμένει στην Κύπρο και δεν είναι Κύπριος υπήκοος ή τον ισχύοντα αριθμό διαβατηρίου ή άλλου αποδεικτικού στοιχείου ταυτοποίησής του σε οποιαδήποτε άλλη περίπτωση.

(2) If the memorandum does not contain such address, it shall not be received; and if any such address shall be illusory or fictitious, the appearance may be set aside by the Court or a Judge, on the application of the plaintiff.

4. Upon receipt of the memorandum the Registrar shall file the same, and date, sign, and seal the duplicate thereof.

5. The duplicate of the memorandum dated, signed and sealed as aforesaid, shall be a certificate that the appearance was entered on the day noted by the Registrar.

6. If two or more defendants in the same action shall appear by the same advocate and at the same time, the names of all the defendants so appearing shall be inserted in one memorandum.

7. A defendant may appear at any time before judgment. If he appears at any time after the time limited by the writ for appearance, he shall be ordered to pay any costs properly incurred by the plaintiff by his failure to appear within the time limited by the writ.

8. In probate actions any person not named in the writ may intervene and appear in the action if it affects his interests, on filing an affidavit showing how he is interested in the estate of the deceased.

9. A defendant before appearing shall be at liberty, without obtaining an order to enter or entering a conditional appearance, to take out a summons to set aside the service upon him of the writ or of notice of the writ, or to discharge the order authorizing such service.

10. A defendant who is a prodigal having a guardian under the Guardianship of Infants and Prodigals Law, Cap. 102, shall not enter an appearance unless his memorandum bears a consent in writing from his guardian, attested, where the guardian is illiterate, by a Registrar, certifying officer, or two competent witnesses not being advocates' clerks.

11. Where an advocate enters appearance on behalf of a defendant who lives in Cyprus and is sued upon a claim relating to more than £25, the memorandum shall not be received by the Registrar, nor shall the duplicate thereof be dated, signed and sealed by him, unless the memorandum delivered to the Registrar is accompanied by a retainer in writing in Form 12A attested, where the defendant is illiterate, by a Registrar, certifying officer, or two competent witnesses not being advocates' clerks

Provided that, with the leave of a Judge, upon good cause shown, which shall be recorded in the minutes, the memorandum may be received by the Registrar and the duplicate thereof be dated, signed and sealed by him, without the memorandum being accompanied by a retainer in writing as aforesaid; but such retainer shall be filed later within such time as the Judge may think fit to allow.

These provisions shall also apply to an appearance entered by an advocate on behalf of a third party under Order 10, the form of retainer being varied to suit the circumstances of the case.