Supreme Court of Jamaica Civil Procedure Rules and Court of Appeals 2002 (Updated)
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Contents
Reviews
Language
English
ISBN
978976962831
SUPREME COURT OF JAMAICA CIVIL PROCEDURE RULES 2002
PREFACE
CONTENTS
PART 1: The Overriding Objective
The overriding objective 1.1
Application of overriding objective by the court 1.2
Duty of parties 1.3
PART 2: Application and Interpretation of these Rules
Citation and Commencement 2.1
Application of these Rules 2.2
Application of Interpretation Act 2.3
Definitions 2.4
Who may exercise the powers of the court 2.5
Court staff 2.6
Court’s discretion as to where, when and how it deals with cases 2.7
PART3: Time, Documents
Contents of this Part
Time - court to state calendar date 3.1
Time - computation 3.2
Terms 3.3
Hearings in vacations 3.4
Time - vacations 3.5
Documents 3.6
Filing of documents 3.7
Filing and service by FAX 3.8
Sealing of documents issued by court 3.9
Forms 3.10
Statements of case - address for service 3.11
Statements of case - certificate of truth 3.12
Failure to give certificate of truth 3.13
Right to inspect. etc certain documents filed in court office 3.14
PART 4: Practice Directions
Who may issue practice directions 4.1
Scope of practice directions 4.2
Publication of practice directions 4.3
Date from which practice directions take effect 4.4
Compliance with practice directions 4.5
PART 5: Service of Claim Form within the Jurisdiction
Service of claim form, normal method 5.1
Particulars of claim to be served with claim form 5.2
Method of personal service 5.3
Permitted place of service 5.4
Proof of personal service 5.5
Service on attorney-at-law 5.6
Service on limited company 5.7
Service on firm or partnership 5.8
Service on body corporate 5.9
Service on minors and patients 5.10
Proof of postal service 5.11
Proof of service by FAX 5.12
Alternative methods of service 5.13
Power of court to make order for service by specified method 5.14
Proof of service by specified method 5.15
Service of claim form by contractually agreed method 5.16
Service of claim form on agent of principal who is out of jurisdiction 5.17
Service of claim form for possession of vacant land 5.18
Deemed date of service 5.19
PART 6: Service of other Documents
Who is to serve documents other than claim form 6.1
Method of service 6.2
Address for serving such documents 6.3
Address for serving documents where no address for service is given 6.4
Service of documents on person who is not a party 6.5
Deemed date of service 6.6
Proof of service 6.7
Power of court to dispense with service 6.8
PART 7: Service of Court Process out of the Jurisdiction
Scope of this Part 7.1
General rule as to service of claim form out of jurisdiction 7.2
Service of claim form out of jurisdiction in specified proceedings 7.3
Features which may arise in any type of claim (2)
Claims about contracts (3)
Claims in tort (4)
Enforcement (5)
Claims about property within the jurisdiction (6)
Claims about trusts etc. (7)
Miscellaneous statutory proceedings (8)
Admiralty proceedings (9)
Proceedings which include other types of claim 7.4
Permission to serve claim form out of jurisdiction 7.5
Acknowledgment of service and defence where claim form served out of the jurisdiction 7.6
Application to set aside service of claim form under rule 7.3 7.7
Method of service of claim form - general provisions 7.8
Service of claim form through foreign governments, etc. 7.9
Service under a Civil Procedure Convention
Service where there is no applicable Convention
Procedure where claim form is to be served through foreign governments, etc. 7.10
Service of claim form on a State where court permits service out of jurisdiction 7.11
Translation of claim form 7.12
Undertaking to be responsible for expenses of Minister with responsibility for foreign affairs 7.1
Service of court process other than a claim form 7.14
Proof of service 7.15
PART 8: How to Start Proceedings
The Claimant - how to start proceedings 8.1
Particulars of claim to be issued and served with claim form 8.2
Right to make a claim which includes two or more claims 8.3
Claim not to fail by adding or failing to add parties 8.4
Special rules about parties in claims for wrongful interference with goods 8.5
Declaratory judgment 8.6
What must be included in the claim form 8.7
Contents of fixed date claim form 8.8
Claimant’s duty to set out case 8.9
Consequences of not setting out case 8.9A
Certificate of value (small claims) 8.10
Special requirements applying to claims for personal injuries 8.11
Relator claims 8.12
Service of claim form 8.13
Time within which claim form may be served 8.14
Extension of time for serving a claim form 8.15
Defence form etc., must be served with claim form 8.16
PART 9: Acknowledgment of Service
Scope of this Part 9.1
Filing acknowledgment of service and consequence of not doing so 9.2
The period for filing acknowledgment of service 9.3
Contents of acknowledgment of service 9.4
Right to dispute jurisdiction of court not taken away by acknowledgment of service 9.5
Procedure for disputing court’s jurisdiction etc 9.6
PART 10: Defence
Scope of this Part 10.1
The defendant - filing defence and the consequences of not doing so 10.2
The period for filing defence 10.3
Service of copy of defence 10.4
Defendant’s duty to set out case 10.5
Special requirements applying to claims for personal injuries 10.6
Consequences of not setting out defence 10.7
Defence of tender 10.8
Reply to defence 10.9
PART 11: General Rules about Applications for Court Orders
Scope of this Part 11.1
Applicants and respondents 11.2
Applications to be dealt with at case management conference 11.3
Time when application is made 11.4
Where to make application 11.5
Application to be in writing 11.6
What application must include 11.7
Notice of application 11.8
Evidence in support of application 11.9
Contents of notice of application 11.10
Service of notice of application 11.11
Powers of court in relation to conduct of application 11.12
Consequence of not asking for order in application 11.13
Applications which may be dealt with without hearing 11.14
Service of application where order made on application made without notice 11.15
Application to set aside or vary order made on application made without notice 11.16
Power of the court to proceed in the absence of party 11.17
Application to set aside or vary order made in the absence of party 11.18
PART 12: Default Judgments
Scope of this Part 12.1
Claims where default judgment may not be obtained 12.2
Claims where permission required 12.3
Conditions to be satisfied - judgment for failure to file acknowledgment of service 12.4
Conditions to be satisfied - judgment for failure to defend 12.5
Admission of part - request for time to pay 12.6
Procedure 12.7
Claim for specified sum of money 12.8
Claim against more than one defendant 12.9
Nature of default judgment 12.10
Interest 12.11
Costs 12.12
Defendant’s rights following default judgment 12.13
PART 13: Setting Aside or Varying Default Judgment
Scope of this Part 13.1
Cases where court must set aside default judgment 13.2
Cases where court may set aside or vary default judgment 13.3
Applications to vary or set aside judgment - procedure 13.4
Court to impose condition as to filing of defence 13.5
Hearing to be treated as case management conference 13.6
Abandoned claims to be restored if judgment set aside 13.7
PART 14: Judgment on Admissions
Making an admission 14.1
Satisfaction 14.2
Admissions where party a minor or patient 14.3
Admission by notice in writing - application for judgment 14.4
Admission in whole or in part of money claim 14.5
Admission of whole of claim for specified sum of money 14.6
Admission of part of claim for money only 14.7
Admission of liability to pay whole of claim for unspecified sum of money 14.8
Requests for time to pay 14.9
Requests for time to pay - procedure where time and rate agreed 14.10
Requests for time to pay - procedure where time and rate not agreed 14.11
Right to re-determination 14.12
Variation of Order 14.13
PART 15: Summary Judgment
Scope of this Part 15.1
Grounds for summary judgment 15.2
Types of proceedings for which summary judgment is not available 15.3
Procedure 15.4
Evidence for the purpose of summary judgment hearing 15.5
Powers of the court on application for summary judgment 15.6
PART 16: Assessment of Damages
Scope of this Part 16.1
Assessment of damages after default judgment 16.2
Assessment of damages after admission of liability on claim for unspecified sum of money 16.3
Assessment of damages after direction for trial of issue of quantum 16.4
PART 17: Interim Remedies
Orders for interim remedies 17.1
Time when an order for interim remedy may be made 17.2
How to apply for interim remedy 17.3
Interim Injunctions and similar orders 17.4
Interim payments - general procedure 17.5
Interim payments - conditions to be satisfied and matters to be taken into account 17.6
Manner of payment 17.7
Non-disclosure of interim payment 17.8
Powers of court where it has made order for interim payment 17.9
Power of Court to order early trial, etc 17.10
PART 18: Ancillary Claims
Scope of this part 18.1
Ancillary claim to be treated as claim for purposes of these Rules 18.2
Defendant’s claim for contribution or indemnity from co-defendant 18.3
Adding other defendants to counterclaim 18.4
Procedure for making ancillary claim 18.5
Service of ancillary claim form 18.6
Counterclaim may survive claim 18.7
Defence to ancillary claim 18.8
Matters relevant to the question whether an ancillary claim should be dealt with separately from the
Effect of service of ancillary claim form 18.10
Special provisions relating to judgment on failure to file defence to ancillary claim 18.11
Procedural steps on service of ancillary claim form on person who is not party 18.12
Case management where there is defence to ancillary claim 18.13
PART 19: Addition and Substitution of Parties
Scope of this Part 19.1
Change of parties - general 19.2
Procedure for adding and substituting parties 19.3
Special provisions about adding or substituting parties after end of relevant limitation period 19.
PART 20: Amendments to Statements of Case
Amendments to statements of case without permission 20.1
Power of court to disallow amendments made without permission 20.2
Consequential amendments 20.3
Amendments to statements of case with permission 20.4
Procedure on amendment 20.5
Amendments to statements of case after end of relevant limitation period 20.6
PART 21: Representative Parties
Representative claimants and defendants - general 21.1
Appointment of representative claimant or defendant - procedure 21.2
Consequence of order appointing representative party 21.3
Representation of persons who cannot be ascertained, etc., in proceedings about estates, trusts and
Compromise of proceedings to which rule 21.4 applies 21.5
Representation of beneficiaries by trustees 21.6
Proceedings against estate of deceased person 21.7
Power of court to give directions to enable proceedings to be carried on after party’s death 21
Power of court to strike out claim after death of claimant 21.9
PART 22: Miscellaneous Rules about Parties
Right to act in person 22.1
Partners 22.2
Person carrying on business in a name not his or her own 22.3
Bodies Corporate 22.4
PART 23: Minors and Patients
Scope of this Part 23.1
Requirement of next friend in proceedings by or against minors or patients 23.2
Stage of proceedings at which next friend becomes necessary 23.3
Who may be minor’s next friend 23.4
Who may be patient’s next friend 23.5
Conditions for being next friend 23.6
How person becomes next friend without court order 23.7
How person becomes next friend by court order 23.8
Court’s power to change next friend or to prevent a person acting as a next friend 23.9
Appointment of next friend by court order - supplementary 23.10
Procedure where appointment as next friend ceases 23.11
Compromise etc., by or on behalf of minor or patient 23.12
Control of money recovered by or on behalf of minor or patient 23.13
PART 24: Security for Costs
Scope of this Part 24.1
Application for order for security for costs 24.2 (1) A defendant in any proceedings may apply for
Conditions to be satisfied 24.3
Enforcing order for security for costs 24.4
PART 25: Case Management
Court’s duty to actively manage cases 25.1
Settlement week 25.2
PART 26: Case Management - The Court’s Powers
The court’s general powers of management 26.1
Court’s power to make orders of its own initiative 26.2
Sanctions - striking out statement of case 26.3
Court’s general power to strike out statement of case 26.4
Judgment without trial after striking out 26.5
Setting aside judgment entered after striking out 26.6
Sanctions have effect unless defaulting party obtains relief 26.7
Relief from sanctions 26.8
General power of the court to rectify matters where there has been a procedural error 26.9
PART 27: Case Management Conferences - Procedure
Scope of this Part 27.1
Fixed date claims - first hearing 27.2
Case management conference 27.3
Dispensing with case management conference 27.4
Transfer from Resident Magistrate’s Court 27.5
Small money claims 27.6
Who is to conduct case management conference 27.7
Attendance at case management conference or pre-trial review 27.8
Orders to be made at case management conference 27.9
Adjournment of case management conference 27.10
Variation of case management timetable 27.11
Listing Questionnaire 27.12
Fixing trial date 27.13
PART 28: Disclosure and Inspection of Documents
Scope of this Part 28.1
Duty of disclosure limited to documents which are or have been in party’s control 28.2
Disclosure of copies 28.3
Standard disclosure - what documents are to be disclosed 28.4
Duty of search 28.5
Specific disclosure 28.6
Criteria for ordering specific disclosure 28.7
Procedure for disclosure 28.8
Duty of attorney-at-law 28.9
Maker of list to certify understanding of duty of disclosure 28.10
Disclosure in stages 28.11
Inspection and copying of listed documents 28.12
Duty of disclosure continuous during proceedings 28.13
Consequence of failure to disclose documents under order for disclosure 28.14
Claim of right to withhold disclosure or inspection of document 28.15
Restrictions on use of a privileged document inspection of which has been inadvertently allowed 28
Documents referred to in statements of case, etc 28.17
Subsequent use of disclosed documents 28.18
Notice to prove document 28.19
Notice to admit or produce documents 28.20
PART 29: Evidence
Power of court to control evidence 29.1
Evidence at trial - general rule 29.2
Evidence by video link or other means 29.3
Requirement to serve witness statements 29.4
Form of witness statements 29.5
Witness summaries 29.6
Procedure where one party does not serve witness statement by date directed. 29.7
Use at trial of witness statements which have been served 29.8
Amplifying witness statements at trial 29.9
Cross Examination on witness statement 29.10
Consequence of failure to serve witness statement or summary 29.11
Use of witness statements for other purposes 29.12
Notice to admit facts 29.13
Availability of witness statements for inspection 29.14
PART 30: Affidavits
Affidavit evidence 30.1
Form of affidavits 30.2
Contents of affidavit 30.3
Making of affidavits 30.4
Documents to be used in conjunction with affidavit 30.5
Service of affidavit 30.6
PART 31: Miscellaneous Rules about Evidence
Use of plans, photographs etc., as evidence 31.1
Evidence on questions of foreign law 31.2
Evidence of consent of trustee to act 31.3
PART 32: Experts and Assessors
Scope of this Part 32.1
General duty of court and of parties 32.2
Expert witness’s overriding duty to court 32.3
Way in which expert witness’s duty to court is to be carried out 32.4
Expert witness’s right to apply to court for directions 32.5
Court’s power to restrict expert evidence 32.6
General requirement for expert evidence to be given in written report 32.7
Written questions to expert witnesses 32.8
Court’s power to direct evidence by single expert witness 32.9
Instructions to single expert witness 32.10
Power of Court to direct party to provide an expert report 32.11
Expert witness’s reports to be addressed to court 32.12
Contents of report 32.13
Meeting of expert witnesses 32.14
Consequence of failure to disclose expert witness’s report 32.15
Use by one party of expert witness’s report disclosed by another 32.16
Appointment of assessor 32.17
Cross-examination of court expert 32.18
PART 33: Court Attendance by Witnesses and Depositions
Scope of this Part 33.1
Witness summonses 33.2
Issue of witness summons 33.3
Time for serving witness summons 33.4
Evidence by deposition before examiner 33.6
Conduct of examination 33.7
Evidence without examiner being present 33.8
Enforcing attendance of witness 33.9
Special Report 33.10
Fees and expenses of examiner 33.11
Order for payment of examiner’s fees 33.12
Use of deposition at hearing 33.13
Where person is out of the jurisdiction - letter of request 33.14
Early appointment to produce documents 33.15
PART 34: Requests for Information
Contents of this Part
Right of parties to obtain information
Orders compelling reply to request for information
Information obtained under Part 34 not to be used in other proceedings
Certificate of Truth
PART 35: Offers to Settle
Contents of this Part
Scope of this Part 35.1
Introductory 35.2
Making offer to settle 35.3
Time when offer to settle may be made 35.4
Procedure for making offer to settle 35.5
Extent to which offer to settle covers interest, costs or counterclaim 35.6
Offer to settle made after interim payment 35.7
Offer to settle part of a claim 35.8
Time limit for accepting an offer to settle 35.9
Procedure for acceptance 35.10
Effect of acceptance - generally 35.11
Effect of acceptance where there are more than two parties 35.12
Costs of offeror and offeree where offer is accepted - defendant’s offer 35.13
Costs of offeror and offeree where offer is accepted - claimant’s offer 35.14
Position where offer not accepted - general rules 35.15
PART 36: Payments into Court to Support Offers under Part 35 and under Court Order
Scope of this part 36.1
Payments into court to support offers to settle 36.2
Right to payment out on acceptance of offer 36.3
Cases where payment out requires court order 36.4
Money paid into court under order 36.5
Money paid into court as condition for permission to defend or to continue to defend 36.6
Proceedings under the Fatal Accidents Acts 36.7
PART 37: Discontinuance
Contents of this Part
Scope of this Part 37.1
Right to discontinue claim 37.2
Procedure for discontinuing 37.3
Right to apply to have notice of discontinuance set aside 37.4
Effect of discontinuance 37.5
Liability for costs 37.6
Discontinuance and subsequent proceedings 37.7
Stay of remainder of partly discontinued proceedings where costs not paid 37.8
PART 38: Pre-Trial Review
Scope of this Part 38.1
Direction for pre-trial review 38.2
Rules relating to case management conferences to apply 38.3
Who is to conduct pre-trial review 38.4
Parties to prepare pre-trial memorandum 38.5
Scope of Pre-trial Review 38.6
Directions at pre-trial review 38.7
PART 39: Trial
Documents for use at trial 39.1
General rule - hearing to be in public 39.2
Cross-examination 39.3
Written Submissions 39.4
Failure of party to attend trial 39.5
Application to set aside judgment given in party’s absence 39.6
Adjournment of trial 39.7
Inspection 39.8
Dismissal of claim after decision on a preliminary issue 39.9
Impounded document 39.10
Exhibits 39.11
PART 40: Appointment of Referee to Inquire and Report
Power to order trial before referee 40.1
Reference to referee for inquiry and report 40.2
Appointment of referee 40.3
Conduct of referee 40.4
Report following reference 40.5
Consideration of report by the court 40.6
PART 41: Accounts and Inquiries
Scope of this Part 41.1
Directions for account 41.2
Verification of account 41.3
Omissions etc, in account 41.4
Allowances 41.5
Delay 41.6
Distribution before entitlement ascertained 41.7
Guardian’s accounts 41.8
PART 42: Judgments and Orders
Scope of this part 42.1
Parties present when order made to be bound 42.2
Practice forms to be used where available 42.3
Standard requirements 42.4
Drawing and filing of judgments and orders 42.5
Service of judgments and orders 42.6
Consent judgments and orders 42.7
Time when judgment or order takes effect 42.8
Time for complying with judgment or order 42.9
Correction of errors in judgments or orders 42.10
Cases where court gives judgment both on claim and counterclaim 42.11
Matters occurring after judgment: stay of execution 42.13
PART 43: Enforcement - General Provisions
Scope of this part 43.1
Procedure for beginning enforcement 43.2
Judgment subject to condition 43.3
Separate enforcement for costs 43.4
Effect of order setting aside judgment or order 43.5
Court’s powers where person ordered to do act fails to comply 43.6
Judgment for sum in foreign currency 43.7
Enforcement by or against person who is not a party 43.8
Enforcement against Partnership 43.9
Enforcement of awards, etc., made by outside bodies 43.10
Execution or signing of document or instrument 43.11
PART 44: Oral Examination in Aid of Enforcement
Scope of this part 44.1
Who may be orally examined 44.2
Procedure to obtain order for oral examination 44.3
Order for oral examination 44.4
Warrant of arrest to compel attendance of judgment debtor 44.5
Conduct of oral examination 44.6
Preservation of property 44.7
Order for payment by instalments 44.8
Financial position notice 44.9
PART 45: How Judgments may be Enforced
Scope of this Part 45.1
How money judgments may be enforced 45.2
Enforcement of orders for payment of money into court 45.3
Enforcement of judgments and orders for possession of land 45.4
Enforcement of judgments and orders for delivery of goods 45.5
Enforcement of judgments and orders requiring person to do act within specified time or not to do a
Enforcement of judgments and orders requiring body corporate to do act within specified time or no
Special cases of money debt enforceable by committal 45.8
PART 46: General Rules about Writs of Execution
Meaning of “writ of execution”. 46.1
Permission required to enforce in certain cases 46.2
Application for permission to enforce 46.3
Amount to be recovered on enforcement 46.4
Enforcement of judgment or order requiring the judgment debtor to do two or more different things
Enforcement of judgment for payment by instalments 46.6
Order for specific delivery 46.8
Period for which writ of execution is valid 46.9
Renewal of writ of execution 46.10
Period for which the court may renew writ of execution 46.11
Effective date of renewed writ unchanged 46.12
Execution of order for seizure and sale 46.13
Sale of property seized 46.14
Order for sale otherwise than by public auction 46.15
Payment of monies received to the Accountant-General 46.16
Claims to goods seized under writ of execution. 46.17
Suspension of writ of execution at request of judgment creditor 46.18
Return to writ of execution 46.19
Small claims: costs 46.20
PART 47: Variation of Terms of Judgments and Suspension of Orders for Seizure
Scope of this Part 47.1
Applications to vary time and method of payment or suspend order for seizure and sale of goods or o
Procedure 47.3
Application for re-determination of court’s decision 47.4
Where judgment creditor objects to variation or suspension 47.5
Pre-suspension costs 47.6
Suspension of Order for Possession 47.7
Judgment creditor’s right to re-issue writ of execution 47.8
PART 48: Charging Orders
Scope of this Part and definitions 48.1
How to apply for charging order 48.2
Evidence in support of application for charging order 48.3
Single charging order for more than one judgment debt 48.4
Procedure for making provisional charging order 48.5
Interested persons 48.6
Service of provisional charging order and of copies 48.7
Making of final charging order 48.8
Effect of provisional or final charging order 48.9
Discharge or variation of final charging order 48.10
PART 49: Stop Notices and Stop Orders
Scope of this Part 49.1
Right to apply for stop notice 49.2
Procedure for obtaining stop notice 49.3
Service 49.4
Amendment of stop notice 49.5
Withdrawal or discharge of stop notice 49.6
Stop orders 49.7
Procedure on application for stop order 49.8
Power to vary or discharge stop order 49.9
PART 50: Attachments of Debts
Scope of this Part 50.1
Circumstances in which court may make order for attachment of debt 50.2
Procedure - making of provisional order 50.3
Money in bank accounts, etc. 50.4
Joint funds 50.5
Presumption of equal shares in a joint fund 50.6
Attachment of debts owed by firm 50.7
Service of provisional order 50.8
Effect of provisional order 50.9
Hearing to consider making final order 50.10
Claim to a debt by person other than judgment debtor 50.11
Enforcement against garnishee 50.12
Discharge of garnishee’s debt to judgment debtor 50.13
Costs of attachment proceedings 50.14
Money in court 50.15
PART 51: Appointment of Receiver
Scope of this Part 51.1
Application for appointment of a receiver and injunction 51.2
Conditions for appointment of a receiver 51.3
Giving of security by receiver 51.4
Remuneration of receiver 51.5
Service of order 51.6
Receiver’s powers 51.7
Accounts of receiver 51.8
Payment of balance into court 51.9
Default by receiver 51.10
PART 52: Judgment Summons
Scope of this Part 52.1
Issue of judgment summons 52.2
Service of judgment summons 52.3
Hearing of judgment summons 52.4
Failure to comply with terms of instalment order 52.5
Restored hearing of judgment summons 52.6
Satisfaction of debt 52.7
PART 53: Committal and Confiscation of Assets
Section 1 Committal etc for breach of order
Scope of this Section 53.1
Order specifying time for act to be done 53.2
When committal order or confiscation of assets order may be made 53.3
Committal order or confiscation of assets order against officer of body corporate 53.4
Making committal order or confiscation of assets order when judgment or order not served 53.5
Undertakings 53.6
Application for committal order or confiscation of assets order 53.7
Service of notice of hearing 53.8
Section 2 Committal for Contempt
Scope of this Section 53.9
Application 53.10
Hearing of application 53.11
Section 3 General
Scope of this Section 53.12
Powers of the court 53.13
Restoration of adjourned hearing 53.14
Application for enforcement of suspended committal order or order for confiscation of assets 53.15
Power to suspend execution of committal order 53.16
Special provisions relating to order for confiscation 53.17
Discharge of person committed 53.18
PART 54: Interpleader
Scope of this Part 54.1
Claim to goods taken in execution. 54.2
How to interplead 54.3
Service of Interpleader application 54.4
Powers of court 54.5
Power to order sale of goods taken in execution 54.6
PART 55: Sale of Land by Order of Court
Scope of this Part 55.1
Application for order for sale 55.2
Hearing of application 55.3
Order for sale 55.4
Directions 55.5
Further directions 55.6
PART 56: Administrative Law
Scope of this part 56.1
Who may apply for judicial review 56.2
Judicial Review - application for leave 56.3
Judicial Review - hearing of application for leave 56.4
Where leave refused or granted on terms 56.5
Delay 56.6
Proceedings by way of claim which should be application for administrative order 56.7
Constitution of court 56.8
How to make an application for administrative order 56.9
Joinder of claims for other relief 56.10
Service of claim form for administrative order 56.11
Evidence in answer 56.12
First hearing 56.13
Procedural Applications 56.14
Hearing of application for administrative order 56.15
Special provisions relating to orders for judicial review 56.16
PART 57: Habeas Corpus
Scope of this Part 57.1
Application for issue of writ for Habeas Corpus 57.2
Service of writ 57.4
Return to writ 57.5
Powers of court on hearing writ 57.6
Bringing up prisoner to give evidence, etc. 57.7
PART 58: Bail Apllications
Scope of this Part 58.1
How to apply to the court 58.2
PART 59: Proceedings by and against the Crown
Scope of this Part 59.1
Claimant’s duty to give particulars 59.2
PART 60: Appeals to the Court
Scope of this Part 60.1
How to appeal to the court 60.2
Effect of appeal 60.3
Persons on whom claim form must be served 60.4
Time within which claim form must be served 60.5
Amendment of grounds of appeal 60.6
First hearing 60.7
Hearing of appeal 60.8
Right of minister to be heard 60.9
PART 61: Appeals to the Court by way of Case Stated
Scope of this Part 61.1
Application for order to state a case 61.2
Persons on whom claim form must be served 61.3
Time within which claim form must be served 61.4
Signing and service of case 61.5
How to commence proceedings to determine a case 61.6
Determination of case 61.7
PART 62: Appeals from Registrars
Scope of this part 62.1
Who is to hear appeal 62.2
How to appeal 62.3
Contents of Notice of Appeal 62.4
Time for filing Notice of Appeal 62.5
Action by court on receipt of notice of appeal 62.6
Service of Notice of Appeal 62.7
General powers of the judge hearing an appeal 62.8
Hearing of appeals 62.9
Failure of a party to attend the appeal 62.10
PART 63: Change of Attorneys-At-Law
Scope of this Part 63.1
Change of attorney-at-law 63.2
Notice of appointment of attorney-at-law 63.3
Party acting in person 63.4
Application by another party to remove name of attorney-at-law from the record 63.5
Application by attorney-at-law to be removed from the record 63.6
Time when notice or order takes effect 63.7
PART 64: Costs - General
Scope of this Part 64.1
Definitions and application 64.2
Orders about costs 64.3
Entitlement to recover costs 64.5
Successful party generally entitled to costs 64.6
Two or more parties having the same interest 64.7
Duty of attorney-at-law to notify client 64.8
Costs against person who is not a party 64.9
Costs of trustee or personal representative 64.10
Costs where money is payable by or to a minor or patient 64.11
Special costs certificates 64.12
Wasted costs orders 64.13
Wasted costs orders - procedure 64.14
PART 65: Costs - Quantification
Scope of this Part 65.1
Section 1 Quantification - General
Ways in which costs are quantified 65.2
Fixed costs 65.3
When defendant only liable for fixed commencement costs 65.4
Costs on entry of judgment 65.5
Costs of enforcement proceedings 65.6
Procedure for quantifying costs 65.7
Assessed costs - procedural applications and enforcement 65.8
Summary Assessment of costs 65.9
Basic Costs 65.10
Attendance of more than two attorneys-at-law at trial 65.11
Time for complying with an order for costs 65.12
Taxation - general 65.13
Section 2 Taxation Procedure
Scope of this Section 65.14
Time when taxation may be carried out 65.15
No stay of taxation where there is an appeal 65.16
Basis of Quantification 65.17
Commencement of taxation proceedings 65.18
Consequences of failure to commence taxation proceedings in time 65.19
Points of dispute and consequence of not serving 65.20
How to obtain default costs certificate 65.21
Setting aside default costs certificate 65.22
Taxation hearing 65.23
Interim costs certificates 65.24
Final costs certificates 65.25
Appeals against taxation
Right to appeal 65.26
Court to hear appeal 65.27
Appeal procedure 65.28
Powers of the court on appeal 65.29
APPENDIX A TABLE 1 Fixed costs on commencement of a claim
TABLE 2 Fixed costs on entry of judgment
Table 3 Fixed costs of enforcement proceeding
APPENDIX B TABLE 1 Table of Basic costs
Table 2 Additional fees to be added to the fees in Table 1
APPENDIX C Table 1 Rates to be allowed to attorneys-at-law on taxation
PART 66: Mortgage Claims
Scope of this Part 66.1
Mortgage claim to be by fixed date claim 66.2
Evidence at first hearing 66.3
Claim for possession or payment of mortgage debt 66.4
PART 67: Administration Claims
Scope of this Part 67.1
Parties 67.2
Claims by third parties 67.3
Determination of questions without administration claim 67.4
Judgments and orders in administration claims 67.5
Conduct of sale of trust property 67.6
PART 68: Probate
Section 1 Non-Contentious Probate Rules
Scope of this Section 68.1
Interpretation 68.2
Effect of these Rules 68.3
Forms 68.4
Where applications to be made 68.5
Address for service 68.6
How to apply for probate 68.7
How to apply for administration with the will 68.8
How to apply for administration 68.9
Proof of death 68.10
Order of priority for grant where deceased left a will 68.11
Grants to attesting witness 68.12
Evidence as to due execution of will 68.13
Wills of soldiers etc. 68.14
Alterations 68.15
Marking and exhibiting of wills, facsimiles and engrossments 68.16
Oral wills and copies of wills 68.17
Order of priority in case of intestacy 68.18
Certificate of Administrator-General 68.19
Joinder of administrator 68.20
Grants where two or more persons entitled in same degree 68.21
Delay 68.22
Grants to attorneys 68.23
Grant in additional name 68.24
Grants where deceased died domiciled outside Jamaica 68.25
Resealing of grants under the Probate (Re-sealing) Act 68.26
Evidence of foreign law 68.27
Grant to minor 68.28
Grant where minor a co-executor 68.29
Grant where person entitled mentally incapable 68.30
Limited grants 68.31
Settled land 68.32
Renunciation of probate and administration 68.33
Notice to Crown of intended application for a grant 68.34
Action after grant made 68.36
Amendment and revocation of grant 68.37
Cautions 68.38
Warning of cautions 68.39
Citations 68.41
Citation to propound a will 68.43
Citation to accept or refuse a grant 68.42
Citation to propound a will 68.43
Default of acknowledgment of service of citation 68.44
Application for an order to attend for examination or for summons to bring in will 68.45
Emergency grants (Grants ad colligenda bona) 68.46
Application for leave to swear to death 68.47
Administration De Bonis Non Administratis 68.48
Chain of Representation 68.49
Double Probate 68.50
Cessate Grant 68.51
Certified Grant of Probate from other Jurisdictions 68.52
Hearing of applications 68.53
Section 2 Contentious Probate Proceedings
Scope of this Section 68.54
How to commence probate proceedings 68.55
Parties 68.56
Testamentary documents 68.57
Lodgment of grant in applications for revocation or rectification 68.58
Application for order to bring in will etc. 68.59
Contents of statements of case 68.60
Substitution and removal of personal representatives 68.61
Failure to file acknowledgment of service or defence 68.62
Counterclaim 68.63
Case management - the first hearing 68.64
Administration pending determination of probate proceedings 68.65
Summary judgment 68.66
Discontinuance and dismissal 68.67
Probate counterclaim in other claims 68.69
PART 69: Defamation Claims
Scope of this Part 69.1
Claimant’s particulars of claim 69.2
Defendant’s statement of case 69.3
Ruling on meaning 69.4
Payments into court and offers 69.5
Statement in open court 69.6
Requests for Information 69.7
Evidence in mitigation of damages 69.8
PART 70: Admiralty Claims
Scope of this Part 70.1
Claims to be dealt with under this Part 70.2
Admiralty claims in rem 70.3
Service of claim form in rem 70.4
Service of claim form out of jurisdiction 70.5
Collision claims 70.6
Arrest 70.7
Directions as to property under arrest 70.8
Security in claim in rem 70.9
Cautions against arrest 70.10
Release and cautions against release 70.11
Judgment in default 70.12
Sale by court, priorities and payment out 70.13
Limitation claims 70.14
Limitation Claim - payment into court 70.15
Stay of proceedings 70.16
Assessors 70.18
Claims for the apportionment of salvage 70.19
Other admiralty claims 70.20
Undertakings 70.21
PART 71: Commercial Division
Scope of this Part 71.1
Constitution of Commercial Division 71.2
Commercial proceedings 71.3
The commercial list 71.4
Entry of claims in the commercial list 71.5
Transfer of claims to the commercial list 71.6
Case management 71.7
PART 72: Reciprocal Enforcement of Judgments
Scope of this Part 72.1
Application for registration 72.2
Security for costs 72.3
Order for registration 72.4
Register of judgments 72.5
Notice of registration 72.6
Application to set aside registration 72.7
Issue of execution 72.8
Certified copy of court judgment for enforcement in another country 72.9
PART 73: Transitional Provisions
Scope of this Part 73.1
New proceedings 73.2
Old proceedings 73.3
Application to restore proceedings 73.4
Exercise of discretion 73.5
PART 74: Mediation
Objective 74.1
Interpretation 74.2
Scope and Application of this Part 74.3
Dispensing with mediation 74.4
Mediation Referral Agency 74.5
Selection of mediators and scheduling of mediations 74.6
Mediators 74.7
Timing of mediation 74.8
Attendance at mediations 74.9
Conduct of the mediation 74.10
Report of mediator 74.11
Action by the court after filing of report 74.12
Costs of mediation 74.13
Sanctions 74.14
Relief from Sanctions 74.15
Use of Mediator’s reports for research and evaluation 74.16
PART 75: Review of Inmates Held at the Court’s Pleasure
Scope of this Part 75.1
Application for review 75.2
Service of Notice 75.3
Representation 75.4
First Hearing 75.4A
Procedure at the Hearing 75.5
Powers of the Court 75.6
Adjournment 75.7
Decision 75.8
PART 76: Matrimonial Proceedings
Scope of this Part 76.1
Definitions 76.2
Application of other parts of these rules 76.3
Commencement of proceedings 76.4
Application for Dissolution of marriage prior to expiration of two years of marriage 76.5
Applications for court orders 76.6
Service 76.7
Service out of the jurisdiction 76.8
Specified Method of Service 76.9
Acknowledgment of Service - service within the jurisdiction 76.10
Response to claim 76.11
Proceedings in default 76.12
Trial of Issues 76.13
General provisions relating to dissolution of marriage 76.14
Rescission of decrees nisi 76.15
Where petition is not pursued 76.16
Transitional Provisions 76.17
Forms 76.18
PART 77: Insolvency and Winding Up Proceedings
Scope of this Part 77.1
Section 1 Insolvency Proceedings
Scope of this section 77.2
Constitution of Insolvency Division 77.3
Commencement of Proceedings 77.4
Applications for Receiving Orders 77.5
Notice of Dispute 77.6
Proof of Service 77.7
Receiving Orders 77.8
Reports 77.9
Examinations 77.11
Arrest and custody of Examinees 77.12
Discharge of Bankrupt 77.13
Application to await resolution of Disputes 77.14
Conditions imposed by Supervisor 77.15
Discharge of Trustee, Interim Trustee or Receiver 77.16
Intervention by Supervisor 77.17
Section 2 Winding Up Proceedings
Scope of the Section 77.18
Definitions 77.19
Advertisement of Fixed Date Claim Form 77.21
Persons entitled to copy of Fixed Date Claim Form 77.22
Notice of Intention to Appear 77.23
List of Appearances 77.24
Substitution of Creditor or Contributor for Claimant 77.25
Service of Winding up Order 77.27
Section 3 General
Application of other Parts of these Rules 77.28
Service 77.29
Discontinuance 77.30
Procedure for discontinuing 77.31
Right to apply to have notice of discontinuance set aside 77.32
Effect of discontinuance 77.33
Liability for costs 77.34
Transitional 77.35
Application to Restore Proceedings 77.36
Exercise of Discretion 77.37
Appendix 1 General Forms
CLAIM FORM
Form 1 [Rule 8.1(3)]
PRESCRIBED NOTES FOR DEFENDANTS (CLAIM FORM)
Form 1A [Rule 8.16(1)(c)]
FIXED DATE CLAIM FORM
Form 2 [Rule 8.1(4)]
PRESCRIBED NOTES FOR DEFENDANTS (FIXED DATE CLAIM FORM)
Form 2A [Rule 8.16(1)(c)]
ACKNOWLEDGEMENT OF SERVICE TO CLAIM FORM
Form 3 [Rule 8.16(1)(a)]
ACKNOWLEDGEMENT OF SERVICE OF FIXED DATE CLAIM FORM
Form 4 [Rule 8.16(1)(a)]
DEFENCE
Form 5 [Rule 8.16(1)(b)]
APPLICATION TO PAY BY INSTALMENTS
Form 6 [Rule 8.16(1)(e)]
NOTICE OF APPLICATION FOR COURT ORDERS
Form 7 [Rule 11.8(3)]
REQUEST FOR DEFAULT JUDGMENT
Form 8 [Rule 12.7]
NOTICE OF INTENTION TO BE HEARD ON ASSESSMENT
Form 8A [Rule 12.13(a) and Rule 16.2(4)]
REQUEST FOR ENTRY OF JUDGMENT ON ADMISSION
Form 9 [Rule 14.6(2)]
STATEMENT OF FINANCIAL POSITION
Form 9A [Rule 14.9(3)]
ANCILLARY CLAIM FORM
Form 10 [Rule 18.2(2)]
LISTING QUESTIONNAIRE
Form 11 [Rule 27.12(1)]
LIST OF DOCUMENTS
Form 12 [Rule 28.8(2)]
WITNESS SUMMONS
Form 13 [Rule 33.2(2)]
NOTICE OF JUDGMENT OR ORDER TO PERSON NOT A PARTY
Form 14 [Rule 42.12(3)]
ORDER FOR ORAL EXAMINATION
Form 15 [Rule 44.4(1)]
NOTICE OF ADJOURNED HEARING
Form 16 [Rule 44.6(6)]
FINANCIAL POSITION NOTICE
Form 17 [Rule 44.9(1)]
STATEMENT OF FINANCIAL POSITION
Form 17A [Rule 44.9(1)]
ORDER FOR SEIZURE AND SALE OF GOODS
Form 18 [Rule 46.1(a)]
WRIT OF POSSESSION
Form 19 [Rule 46.1(b)]
ORDER FOR RECOVERY OF SPECIFIED GOODS
Form 20 [Rule 46.1(d)(i)]
ORDER FOR RECOVERY OF GOODS OR THEIR ASSESSED VALUE
Form 21 [Rule 46.1(d)(ii)]
STOP NOTICE
Form 21A Rule 49.3 (1)
JUDGMENT SUMMONS
Form 22 [Rule 52.2(1)]
CERTIFICATE OF SALE OF LAND
Form 22A [Rule 55.7(2)]
WRIT OF HABEAS CORPUS
Form 23 [Rule 57.3(1)(a)]
APPLICATION FOR REVIEW OF MAGISTRATE’S DECISION ABOUT BAIL
Form 23A (Rule 58.2)
NOTICE OF APPEAL
Form 24 [Rule 62.3]
BASIC COSTS CERTIFICATE
Form 25 [Rule 65.10(2)]
DEFAULT COSTS CERTIFICATE
Form 26 [Rule 65.21(b)]
INTERIM COSTS CERTIFICATE
Form 27 [Rule 65.24(1)(a)]
FINAL COSTS CERTIFICATE
Form 28 [Rule 65.25(1)]
APPEAL NOTICE (COSTS)
Form 29 [Rule 65.28(1)]
Appendix 2 Probate Forms
OATH OF EXECUTORS
Form P.1 [Rule 68.7(1)(a)]
GRANT OF PROBATE
Form P.2 [Rule 68.7(1)(d)]
OATH OF ADMINISTRATORS WITH THE WILL ANNEXED
Form P.3 [Rule 68.8(1)(a)]
GRANT OF ADMINISTRATION WITH THE WILL ANNEXED
Form P.4 [Rule 68.8(1)(d)]
OATH OF ADMINISTRATORS
Form P.5 [Rule 68.9(a)]
GRANT OF ADMINISTRATION
Form P.6 [Rule 68.9(c)]
AFFIDAVIT OF DUE EXECUTION
Form P.7 [Rule 68.13(2)(a)(i)]
AFFIDAVIT AS TO HANDWRITING
Form P.8 [Rule 68.13(2)(b)(i)]
AFFIDAVIT OF SEARCH
Form P.9 [Rule 68.13(3)]
AFFIDAVIT AS TO PLIGHT AND CONDITION
Form P.10 [Rule 68.15(1)]
MARKING OF WILL
Form P.11 [Rule 68.16(1)]
ADVERTISEMENT (RESEALING)
Form P.12 [Rule 68.26(2)]
APPLICATION TO RESEAL GRANT
Form P.13 [Rule 68.26(3)(a)]
RENUNCIATION OF PROBATE
Form P.14 [Rule 68.33(1)]
RENUNCIATION OF ADMINISTRATION WITH WILL ANNEXED
Form P.15 [Rule 68.33(3)]
RENUNCIATION OF ADMINISTRATION
Form P.16 [Rule 68.33(3)]
CAUTION
Form P.17 [Rule 68.38(1)]
WARNING TO CAUTIONER
Form P.18 [Rule 68.39(2)]
ACKNOWLEDGMENT OF SERVICE (PROBATE)
Form P.19 [Rule 68.40(1)(a)]
WITNESS SUMMONS TO BRING IN WILL
Form P.20 [Rule 68.45(3)]
NOTICE OF APPLICATION
Form P.21 [Rule 68.48(1)]
CONSENT OF BENEFICIARY
Form P.22 [Rule 68.21(a)]
AFFIDAVIT OF TESTAMENTARY DOCUMENTS
Form P.23 [Rule 68.52(2)]
Appendix 3 Admiralty Forms
ADMIRALTY CLAIM FORM IN REM
Form A.1 [Rule 70.3(2)]
ACKNOWLEDGEMENT OF SERVICE OF ADMIRALTY CLAIM FORM IN REM
Form A.2 [Rule 70.3(6)]
WARRANT FOR ARREST (ADMIRALTY)
Form A.3 [Rule 70.7(2)]
ADMIRALTY LIMITATION CLAIM
Form A.4 [Rule 70.14(4)]
NOTICE TO CONSULAR OFFICER OF INTENTION TO APPLY FOR WARRANT OF ARREST
Form A.5 Rule 70.7(6)(a)
REQUEST FOR CAUTION AGAINST ARREST
Form A.6 Rule 70.10(1)
RESTRICTED LIMITATION DECREE
Form A.7 Rule 70.14(7)(a)(b)
Appendix 4 Mediation Forms
Referral to Mediation
Form M.1 [Rule 74.3]
NOTICE OF NAME OF MEDIATOR AND DATE OF SESSION
Form M.2 [Rule 74.6]
NOTICE OF NAME OF MEDIATOR AND DATE OF SESSION
Form M.3 [Rule 74.6(4)]
STATEMENT OF ISSUES
Form M.4 [Rule 74.10]
REPORT OF MEDIATOR
Form M.5 [Rule 74.11]
Appendix 5 IR1 Form
NOTICE OF APPLICATION FOR THE REVIEW OF INMATE HELD AT THE COURT’S PLEASURE
Form IR1 [Rule 75.2(2)]
Appendix 6 Matrimonial Proceedings Forms
HUSBAND’S PETITION FOR DISSOLUTION OF MARRIAGE
Form MP.1A [Rule 76.4(1)]
WIFE’S PETITION FOR DISSOLUTION OF MARRIAGE
Form MP.1B [Rule 76.4(1)]
PETITION FOR NULLITY OF MARRIAGE
Form MP.2 [Rule 76.4(1)]
PETITION FOR PRESUMPTION OF DEATH AND DISSOULTION OF MARRIAGE
Form MP.3 [Rule 76.4(1)]
AFFIDAVIT ACCOMPANYING PETITION
Form MP.4 [Rule 76.4(9)]
ACKNOWLEDGEMENT OF SERVICE IN MATRIMONIAL PROCEEDINGS
Form MP.5 [Rule 76.10]
ANSWER [OR ANSWER AND CROSS-PETITION]
Form MP.6 [Rule 76.11(1)]
NOTICE OF APPLICATION TO DISPENSE WITH HEARING
Form MP.7 [Rule 76.12]
AFFIDAVIT IN SUPPORT OF NOTICE OF APPLICATION TO DISPENSE WITH HEARING OF PETITION
Form MP.7A [Rule 76.12(2)]
DECREE NISI FOR DISSOLUTION OF MARRIAGE -With Children
Form MP.8A [Rule 76.12(3) and 76.14(3)]
DECREE NISI FOR DISSOLUTION OF MARRIAGE- Without Children
Form MP.8A [Rule 76.12(3) and 76.14(3)]
DECREE NISI FOR NULLITY OF MARRIAGE
Form MP.9 [Rule 76.14(2)]
DECREE ABSOLUTE
(THIS FORM IS TO BE USED WHERE THERE IS/ARE RELEVANT CHILD/CHILDREN)
Form MP.10A [Rule 76.14(9)]
(THIS FORM IS TO BE USED WHERE THERE IS/ARE NO RELEVANT CHILD/CHILDREN)
Form MP.10B [Rule 76.14(9)]
NOTICE OF APPLICATION FOR DECREE NISI TO BE MADE ABSOLUTE
Form MP.11 [Rule 76.14(7)]
AFFIDAVIT OF [STATE THE PETITIONER’S/RESPONDENT’S NAME] IN SUPPORT OF APPLICATION FOR DECREE ABSOLUT
(THIS FORM IS TO BE USED WHERE THERE IS/ARE RELEVANT CHILD/CHILDREN)
Form MP.12A [Rule 76.14(8)]
(THIS FORM IS TO BE USED WHERE THERE IS/ARE NO RELEVANT CHILD/CHILDREN)
Form MP.12B [Rule 76.14(8)]
Appendix 7 Insolvency Forms
PRESCRIBED NOTES FOR APPLICATION FOR RECEIVING ORDER (FIXED DATE CLAIM FORM)
Form I.1 [Rule 77.5]
NOTICE OF DISPUTE OF APPLICATION FOR RECEIVING ORDER
Form I.2 [Rule 77.6]
RECEIVING ORDER
Form I.3 [Rule 77.6]
REQUEST FOR ENTRY OF ORDER APPROVING PROPOSAL
Form I.4 [Rule 77.10]
ORDER APPROVING PROPOSAL
Form I.5 [Rule 77.10]
SUMMONS TO ATTEND EXAMINATION
Form I.6 [Rule 77.11]
JAMAICA COURT OF APPEAL RULES 2002
CONTENTS
SECTION 1: General
Citation and scope of these Rules 1.1
Forms 1.2
Terms 1.3
Hearings in vacations 1.4
Sittings of the court 1.5
Right of audience 1.6
The court’s general powers of management 1.7
How to obtain permission to appeal 1.8
How to appeal 1.9
Contents of notice of appeal 1.10
Time for filing and serving notice of appeal 1.11
Amendment 1.12
Striking out notices and setting aside permission to appeal 1.13
Dispensing with procedural requirements 1.14
Service 1.15
Hearing of appeals 1.16
Transitional provisions 1.17
Costs 1.18
SECTION 2: Civil Appeals
Scope of this Section 2.1
Notice of appeal 2.2
Counter-notice 2.3
Procedural appeal 2.4
Action by registry on receipt of notice of appeal 2.5
Skeleton arguments 2.6
The record - appeal from Supreme Court 2.7
Case management 2.8
Procedural applications to court 2.9
Powers of single judge 2.10
Security for costs of appeal 2.11
Non-disclosure of payment into court, etc., 2.12
Stay of execution 2.13
Powers of the court 2.14
Failure of party to attend appeal 2.15
Application to set aside decision made in party’s absence 2.16
Certificate of result of appeal 2.17
Withdrawal of appeal 2.18
Compliance with these Rules 2.19
SECTION 3: Criminal Appeals
Scope of this Section 3.1
Non-compliance with these Rules 3.2
How to appeal against conviction or sentence by Supreme Court 3.3
How to appeal against conviction or sentence by Resident Magistrate’s Court 3.4
Signature of notices 3.5
Service 3.6
The record 3.7
Shorthand note 3.8
Judge’s report and notes 3.9
Action on receipt of notice of appeal 3.10
Proceedings before a single judge 3.11
Legal Aid to appellants 3.12
Issuing of Notice of Hearing 3.12A
Skeleton arguments 3.13
Suspension of fines 3.14
Suspension of orders for costs and other money awards 3.15
Suspension of forfeiture etc. orders 3.16
Property of defendant pending appeal 3.17
Securing money payments 3.18
Right of person affected to be heard 3.19
Suspension of claims against appellant 3.20
Bail 3.21
Abandonment of appeal 3.22
Hearing of appeal - orders of restitution 3.23
Hearing of appeal - witnesses 3.24
Hearing of appeal - special commissioner 3.2
Judgment 3.26
Notification of court’s decision 3.27
Certificate of conviction 3.28
SECTION 4: Appeals from courts-martial
Scope of this Section 4.1
How to appeal 4.2
Application to extend time for appeal 4.3
Application to single judge 4.4
Proceedings of court-martial 4.5
Security of documents etc 4.6
Public interest immunity 4.7
Presence of appellant at hearing 4.8
Notification of court’s decision 4.9
Appendix A Part 1 Civil Appeal Forms
NOTICE OF APPEAL Form A1 [Rule 2.2]
COUNTER-NOTICE OF APPEAL Form A2 [Rule 2.3(1)]
COUNTER-NOTICE OF APPEAL Form A3 [Rule 2.3(3)]
CERTIFICATE OF RESULT OF APPEAL Form A4 [Rule 2.17(1)]
NOTICE OF WITHDRAWAL OF APPEAL Form A5 [Rule 2.18(1)]
Part 2 - Criminal Appeal Forms
NOTICE OF APPEAL OR APPLICATION FOR PERMISSION TO APPEAL AGAINST CONVICTION OR SENTENCE Criminal Form B1 [Rule 3.3(1)(a)]
NOTICE OF APPLICATION FOR EXTENSIONOF TIME WITHIN WHICH TO APPEAL Criminal Form B2 [Rule 3.3(2)]
JUDGE’S CERTIFICATE Criminal Form B3
CERTIFICATE VERIFYING TRANSCRIPTOF SHORTHAND NOTES Criminal Form B4 [ Rule 3.8(3)]
NOTIFICATION TO APPELLANT OF ASINGLE JUDGE’S DECISION Criminal Form B5 [ Rule 3.11(1)]
NOTICE OF APPEAL BY APPELLANTFROM REFUSAL OF A SINGLE JUDGE Criminal Form B6 [ Rule 3.11(2)]
UNDERTAKING OF APPELLANTSENTENCED TO PAYMENT OF A FINE Criminal Form B7 [ Rule 3.14(3)]
UNDERTAKING OF SURETIES FOR APPELLANTSENTENCED TO A FINE Criminal Form B8 [ Rule 3.14(3)]
NOTICE TO APPELLANT SENTENCED TO FINE, FORBREACH OF HIS UNDERTAKINGS Criminal Form B9 [ Rule 3.14(6)]
NOTICE TO SURETY FOR APPELLANT OFINTENTION TO ENFORCE UNDERTAKINGS Criminal Form B10 [ Rule 3.14(6)]
UNDERTAKING ON BAIL, OF APPELLANTCONVICTED IN THE SUPREME COURT Criminal Form B11 [ Rule 3.21(1)]
UNDERTAKING OF APPELLANT’S SURETIES Criminal Form B12 [ Rule 3.21(1)]
55NOTICE TO OFFICER IN CHARGE OFPRISON TO RELEASE APPELLANT ON BAIL Criminal Form B13 [ Rule 3.21(5)]
WARRANT FOR ARREST OF APPELLANT ON BAIL Criminal Form B14 [ Rule 3.21(7)]
NOTICE OF ABANDONMENT Criminal Form B15 [ Rule 3.22(1)]
NOTIFICATION OF ABANDONMENT OF APPEAL Criminal Form B16 [ Rule 3.22(3)]
NOTIFICATION TO APPELLANT OFRESULT OF APPLICATION Criminal Form B17 [ Rule 3.27(1)]
NOTICE TO AUTHORITIES OF RESULT OF APPLICATION Criminal Form B18 [ Rule 3.27(1)]
NOTIFICATION TO APPELLANT OFRESULT OF HIS APPEAL Criminal Form B19 [ Rule 3.27(1)]
NOTICE TO AUTHORITIES OF RESULT OF APPEAL Criminal Form B20 [ Rule 3.27(1)]
ORDER TO WITNESS TO ATTEND COURTFOR EXAMINATION Criminal Form B21 [ Rule 3.24(1)]
NOTICE TO WITNESS TO ATTENDBEFORE AN EXAMINER Criminal Form B23 [ Rule 3.24(4)(b)]
CAPTION FOR DEPOSITIONS OFWITNESS EXAMINED BEFORE EXAMINERCriminal Form B24 [ Rule 3.24(7)(a)]
APPELLANT’S APPLICATION FOR FURTHER WITNESS Criminal Form B22 [ Rule 3.24(2)]
Part 3 – Appeals from Courts-martial
APPLICATION FOR PERMISSION TO APPEAL AGAINSTCONVICTION BY A COURT-MARTIAL Court-Martial Form C1 [Rule 4.2(1)]
NOTICE OF APPLICATION FOR EXTENSION OF TIMEWITHIN WHICH TO APPLY FOR PERMISSION TO APPEAL Court-Martial Form C2 [Rule 4.3]
NOTICE OF APPEAL FROM JUDGE UNDERSECTION 157 OF THE DEFENCE ACTCourt-Martial form C3 [Rule 4.4(2)]
Part 4 – Notice of Application for Court Orders
NOTICE OF APPLICATION FOR COURT ORDERS Application for Court Orders Form D1 [Rule 2.9]
Appendix B Basic Costs
Appendix C Persons with Whom Applications or Notices are Lodged under Rule 4.2(4)
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