107Duration of writ

107 Duration of writ

(1)  [Rule 107 Subrule (1) substituted by S.R. 2006, No. 25, Applied:01 May 2006] An original writ is in force for –

(a) if it is issued before 1 May 2006, 12 months commencing on, and including, the date of issue; and

(b) if it is issued on or after 1 May 2006, 6 months commencing on, and including, the date of issue.

(2)  [Rule 107 Subrule (2) amended by S.R. 2006, No. 25, Applied:01 May 2006] On the application of the plaintiff made whilst a writ is in force, the Court or a judge may order that the original writ and any concurrent writ be renewed for such period as the Court or judge thinks fit if a defendant named in the writ has not been served.

(3)  [Rule 107 Subrule (3) amended by S.R. 2006, No. 25, Applied:01 May 2006] The period for which the writ is renewed commences on, and includes, the date of the order.

(4)  If a writ is renewed, the registrar is to –

(a) make a copy of the original writ filed in the Court; and

(b) impress that copy with a seal bearing the word "renewed" and the date of the renewal; and

(c) deliver the copy to the plaintiff; and

(d) make a note of the renewal on the file of the action.

(5)  The production of a renewed writ marked in accordance with subrule (4) is sufficient evidence of –

(a) the renewal; and

(b) the commencement of the action as of the date on which the original writ was filed.

(6)  A renewed writ is in force from the date of issue of the original writ.