38Proceeding incorrectly started by originating claim

38 Proceeding incorrectly started by originating claim (1) This rule applies if the court considers that a proceeding started by originating claim should have been started by originating application or may more conveniently continue as if started by originating (a) order that the proceeding continue as if started by originating Note See r 1401 (Directions generally). (c) make any other order it considers appropriate. the court may order that the content of any pleadings filed in the proceeding be put before the court as affidavits

Rule 39 (3) If the court makes an order under subrule (2) (a)— (a) the originating claim is taken to be an originating application; and (b) the proceeding is taken to be a proceeding started by originating