sec.374Failure to comply with order

### sec.374 Failure to comply with order This rule applies if a party does not comply with an order to take a step in a proceeding. This rule does not limit the powers of the court to punish for contempt of court. A party who is entitled to the benefit of the order may, by application, require the party who has not complied to show cause why an order should not be made against it. The application— must allege the grounds on which it is based; and is evidence of the allegations specified in the application; and must, together with all affidavits to be relied on in support of the application, be filed and served at least 2 business days before the day set for hearing the application. See also rule 447 (Application to court). On the hearing of the application, the court may— give judgment against the party served with the application; or extend time for compliance with the order; or give directions; or make another order. The party who makes the application may reply to any material filed by the party who was served with the application. The application may be withdrawn with the consent of all parties concerned in the application or with the court’s leave. A judgment given under subrule (5) (a) may be set aside— if the application is made without notice—on an application to set the judgment aside; or otherwise—only on appeal. Despite subrule (8) , if the court is satisfied an order dismissing the proceeding was made because of an accidental slip or omission, the court may rectify the order. r 374 amd 2009 SL No. 162 s 2 sch (sec.374-ssec.1) This rule applies if a party does not comply with an order to take a step in a proceeding. (sec.374-ssec.2) This rule does not limit the powers of the court to punish for contempt of court. (sec.374-ssec.3) A party who is entitled to the benefit of the order may, by application, require the party who has not complied to show cause why an order should not be made against it. (sec.374-ssec.4) The application— must allege the grounds on which it is based; and is evidence of the allegations specified in the application; and must, together with all affidavits to be relied on in support of the application, be filed and served at least 2 business days before the day set for hearing the application. See also rule 447 (Application to court). (sec.374-ssec.5) On the hearing of the application, the court may— give judgment against the party served with the application; or extend time for compliance with the order; or give directions; or make another order. (sec.374-ssec.6) The party who makes the application may reply to any material filed by the party who was served with the application. (sec.374-ssec.7) The application may be withdrawn with the consent of all parties concerned in the application or with the court’s leave. (sec.374-ssec.8) A judgment given under subrule (5) (a) may be set aside— if the application is made without notice—on an application to set the judgment aside; or otherwise—only on appeal. (sec.374-ssec.9) Despite subrule (8) , if the court is satisfied an order dismissing the proceeding was made because of an accidental slip or omission, the court may rectify the order. - (a) must allege the grounds on which it is based; and - (b) is evidence of the allegations specified in the application; and - (c) must, together with all affidavits to be relied on in support of the application, be filed and served at least 2 business days before the day set for hearing the application. - (a) give judgment against the party served with the application; or - (b) extend time for compliance with the order; or - (c) give directions; or - (d) make another order. - (a) if the application is made without notice—on an application to set the judgment aside; or - (b) otherwise—only on appeal.