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Court Procedures Rules
728Division 2.9.4 order—procedure
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728 Division 2.9.4 order—procedure
(1) If the division 2.9.4 order is the principal relief claimed, the applicant
must apply to the court by originating application and must comply
with part 2.2 (Starting civil proceedings), except as far as this division
otherwise provides or the court otherwise orders.
under this rule otherwise ordering if the proceeding has been started.
(2) However, if the division 2.9.4 order is not the principal relief claimed,
or the order is sought in a proceeding that has been started or relates
to a proceeding that has ended, the applicant must comply with part
6.2 (Applications in proceedings), except as far as this division
otherwise provides or the court otherwise orders.
(3) For the Supreme Court, this rule applies whether the application is
(a) before a proceeding is started; or
(b) in a pending proceeding; or
(c) after a proceeding has ended (including after judgment).