(1) A commercial claim may be placed on the commercial list at the time it is filed or pursuant to paragraphs (4), (5) and (6).
(2) The legal practitioner for the claimant or applicant filing a claim or application under Part 17 shall —
(a) file with the claim or application, a statement; and
(b) set out such facts relating to the claim,
to the effect that the claim is appropriate to be treated as a commercial claim within the meaning of rule 71.1(2) and (3).
(3) The judge may order a claim to be transferred to any other list on the grounds that the judge is not satisfied that the claim is a commercial claim.
(4) Subject to paragraph (5), a party may apply to the judge to have a matter placed on the commercial list at any time before the first case management conference.
(5) The legal practitioner for a claimant or applicant who has filed a claim or application prior to the commencement of this Part, may apply to have that matter placed on the commercial list —
(a) in the case of a claim, no later than three months prior to the trial date; and
(b) in the case of an application, no later than 14 days prior to the date fixed for hearing.
(6) A claim may be placed on the commercial list by the Registrar of the court in consultation with the judge where it appears that the claim is a qualifying claim within the meaning of rule 71.1(2), (3) and (4) and that it is appropriate for the claim to be placed on the commercial list.
(7) A party to a claim placed on the commercial list, pursuant to paragraph (6), may apply to the judge at any time before the close of the case management conference for the claim to be transferred from the commercial list to another list.
(8) An application made under this rule must be supported by an affidavit.