CH.53 - 2] SUPREME COURT - The Bahamas
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CH.53 – 2]SUPREME COURTCHAPTER 53SUPREME COURTRULES OF THE SUPREME COURTARRANGEMENT OF RULESPRELIMINARYORDER 1CITATION, APPLICATION, INTERPRETATION AND FORMSRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Citation.Application.Application of Interpretation and General Clauses Act.Definitions.Construction of references to Orders, rules, etc.Construction of references to action, etc., for possession of land.Forms.ORDER 2EFFECT OF NON-COMPLIANCERule 1.Rule 2.Non-compliance with rules.Application to set aside for irregularity.ORDER 3TIMERule 1.Rule 2.Rule 3.Rule 4.Rule 5.“Month” means calendar month.Reckoning periods of time.Time expires on Sunday, etc.Extension, etc., of time.Notice of intention to proceed after year’s delay.STATUTE LAW OF THE BAHAMASLRO 1/2006
SUPREME COURT[CH.53 – 3COMMENCEMENT AND PROGRESS OF PROCEEDINGSORDER 4CONSOLIDATION OF PROCEEDINGSRule 1.Consolidation, etc., of causes or matters.ORDER 5MODE OF BEGINNING CIVIL PROCEEDINGS IN SUPREMECOURTRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Mode of beginning civil proceedings.Proceedings which must be begun by writ.Proceedings which must be begun by originating summons.Proceedings which may be begun by writ or originating summons.Proceedings to be begun by motion or petition.Right to sue in person.ORDER 6WRITS OF SUMMONS: GENERAL PROVISIONSRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Form of Writ.Indorsement of claim.Indorsement as to capacity.Indorsement as to attorney and address.Concurrent writ.Issue of writ.Duration and renewal of writ.ORDER 7ORIGINATING SUMMONSES: GENERAL PROVISIONSRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Application.Form of summons, etc.Contents of summons.Concurrent summons.Issue of summons.Duration and renewal of summons.Ex parte originating summonses.ORDER 8ORIGINATING AND OTHER MOTIONS: GENERALPROVISIONSRule 1.Rule 2.Rule 3.Application.Notice of motion.Form and issue of notice of ��––––––––––––––LRO 1/2006STATUTE LAW OF THE BAHAMAS
CH.53 – 4]SUPREME COURTRule 4.Rule 5.Service of notice of motion with writ, etc.Adjournment of hearing.ORDER 9PETITIONS: GENERAL PROVISIONSRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Application.Contents of petition.Presentation of petition.Fixing time for hearing petition.Certain applications not to be made by petition.ORDER 10SERVICE OR ORIGINATING PROCESS: GENERALPROVISIONSRule 1.Rule 2.Rule 3.Rule 4.Rule 5.General provisions.Service of writ on agent of overseas principal.Service of writ in pursuance of contract.Service of writ in certain actions for possession of land.Service of originating summons, petition and notice of motion.ORDER 11SERVICE OF PROCESS, ETC., OUT OF THE JURISDICTIONRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Principal cases in which service of writ out of jurisdiction ispermissible.Service out of jurisdiction in certain actions of contract.Leave for service of notice of writ.Application for, and grant of, leave to serve writ out of jurisdiction.Service of writ or notice of writ abroad: general provisions.Service of notice of writ abroad through foreign governments,judicial authorities and British consuls.Undertaking to pay expenses of service by Minister.Service of originating summons, petition, notice of motion, etc.ORDER 12ENTRY OF APPEARANCE TO WRIT OR ORIGINATINGSUMMONSRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Mode of entering appearance.Memorandum of appearance.Procedure on receipt of requisite documents.Time limited for appearing.Late appearance.Conditional appearance.Application to set aside writ, etc.STATUTE LAW OF THE BAHAMASLRO 1/2006
SUPREME COURTRule 8.[CH.53 – 5Appearance to originating summons.ORDER 13DEFAULT OF APPEARANCE TO WRITRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Claim for liquidated demand.Claim for unliquidated damages.Claim in detinue.Claim for possession of land.Mixed claims.Other claims.Proof of service of writ.Setting aside judgment.ORDER 14SUMMARY JUDGMENTRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Rule 9.Rule 10.Rule 11.Application by plaintiff for summary judgment.Manner in which application under rule 1 must be made.Judgment for plaintiff.Leave to defend.Application for summary judgment on counterclaim.Directions.Costs.Right to proceed with residue of action or counterclaim.Judgment for delivery up of chattel.Relief against forfeiture.Setting aside judgment.ORDER 15CAUSES OF ACTION, COUNTERCLAIMS AND PARTIESRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Rule 9.Rule 10.Rule 11.Rule 12.Rule 13.Rule 14.Joinder of causes of action.Counterclaim against plaintiff.Counterclaim against additional parties.Joinder of parties.Court may order separate trials, etc.Misjoinder and non-joinder of parties.Proceedings against estates.Change of parties by reason of death, etc.Provisions consequential on making of order under rule 6 or 8.Failure to proceed after death of party.Actions for possession of land.Relator actions.Representative proceedings.Representation of interested persons who cannot be RO 1/2006STATUTE LAW OF THE BAHAMAS
CH.53 – 6]SUPREME COURTRule 15.Rule 16.Rule 17.Rule 18.Representation of beneficiaries by trustees, etc.Representation of deceased person interested in proceedings.Declaratory judgment.Conduct of proceedings.ORDER 16THIRD PARTY AND SIMILAR PROCEEDINGSRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Rule 9.Rule 10.Rule 11.Third party notice.Application for leave to issue third party notice.Issue and service of, and entry of appearance to, third party notice.Third party directions.Default of third party.Setting aside third party proceedings.Judgment between defendant and third party.Claims and issues between a defendant and some other party.Claims by third and subsequent parties.Offer of contribution.Counterclaim by defendant.ORDER 17INTERPLEADERRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Rule 9.Rule 10.Rule 11.Entitlement to relief by way of interpleader.Claim to goods, etc., taken in execution.Mode of application.To whom bailiff may apply for relief.Powers of Court hearing summons.Power to order sale of goods taken in execution.Power to stay proceedings.Other powers.One order in several causes or matters.Discovery.Trial of interpleader issue.ORDER 18PLEADINGSRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Service of statement of claim.Service of defence.Service of reply and defence to counterclaim.Pleadings subsequent to reply.Pleadings: formal requirements.Facts, not evidence, to be pleaded.Conviction, etc., to be adduced in evidence: matters to be pleaded.Matters which must be specifically pleaded.STATUTE LAW OF THE BAHAMASLRO 1/2006
SUPREME COURTRule 9.Rule 10.Rule 11.Rule 12.Rule 13.Rule 14.Rule 15.Rule 16.Rule 17.Rule 18.Rule 19.Rule 20.Rule 21.Rule 22.[CH.53 – 7Matter may be pleaded whenever arising.Departure.Points of law may be pleaded.Particulars of pleading.Admissions and denials.Denial by joinder of issue.Statement of claim.Defence of tender.Defence of set-off.Counterclaim and defence to counterclaim.Striking out pleading and indorsements.Close of pleadings.Trial without pleadings.Saving for defence under Merchant Shipping Act.ORDER 19DEFAULT OF PLEADINGSRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Rule 9.Default in service of statement of claim.Default of defence: claim for liquidated demand.Default of defence: claim for unliquidated damages.Default of defence: claim in detinue.Default of defence: claim for possession of land.Default of defence: mixed claims.Default of defence: other claims.Default of defence to counterclaim.Setting aside judgment.ORDER 20AMENDMENTRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Rule 9.Rule 10.Amendment of writ without leave.Amendment of appearance.Amendment of pleadings without leave.Application for disallowance of amendment made without leave.Amendment of writ or pleading with leave.Amendment of other originating process.Amendment of certain other documents.Failure to amend after order.Mode of amendment of writ, etc.Amendment of judgments and ��––––––––––––––LRO 1/2006STATUTE LAW OF THE BAHAMAS
CH.53 – 8]SUPREME COURTORDER 21WITHDRAWAL AND DISCONTINUANCERule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Withdrawal of appearance.Discontinuance of action, etc., without leave.Discontinuance of action, etc., with leave.Effect of discontinuance.Stay of subsequent action until costs paid.Withdrawal of summons.ORDER 22PAYMENT INTO AND OUT OF COURTRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Rule 9.Rule 10.Rule 11.Rule 12.Rule 13.Payment into court.Payment in by defendant who has counterclaimed.Acceptance of money paid into court.Order for payment out of money accepted required in certain cases.Money remaining in court.Counterclaim.Non-disclosure of payment into court.Money paid into court under order.Payment out of money paid into court under Exchange ControlRegulations.Person to whom payment to be made.Payment out: small intestate estates.Payment of hospital expenses.Investment of money in court.ORDER 23SECURITY FOR COSTSRule 1.Rule 2.Rule 3.Security for costs of action, etc.Manner of giving security.Saving for enactments.ORDER 24DISCOVERY AND INSPECTION OF DOCUMENTSRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Mutual discovery of documents.Discovery by parties without order.Order for discovery.Order for determination of issue, etc., before discovery.Form of list and affidavit.Defendant entitled to copy of co-defendant’s list.Order for discovery of particular documents.Discovery to be ordered only if necessary.STATUTE LAW OF THE BAHAMASLRO 1/2006
SUPREME COURTRule 9.Rule 10.Rule 11.Rule 12.Rule 13.Rule 14.Rule 15.Rule 16.Rule 17.[CH.53 – 9Inspection of documents referred to in list.Inspection of documents referred to in pleadings and affidavits.Order for production for inspection.Order for production to Court.Production to be ordered only if necessary, etc.Production of business books.Document disclosure of which would be injurious to publicinterest: saving.Failure to comply with requirement for discovery, etc.Revocation and variation of orders.ORDER 25SUMMONS FOR DIRECTIONSRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Summons for directions.Duty to consider all matters.Particular matters for consideration.Admissions and agreements to be made.Limitation of right of appeal.Duty to give all information at hearing.Duty to make all interlocutory applications on summons fordirections.ORDER 26INTERROGATORIESRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Discovery of interrogatories.Interrogatories where party is a body of persons.Statement as to party, etc., required to answer.Objection to answer on ground of privilege.Insufficient answer.Failure to comply with order.Use of answers to interrogatories at trial.Revocation and variation of orders.ORDER 27ADMISSIONSRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Admission of case of other party.Notice to admit facts.Judgment on admissions of facts.Admission and production of documents specified in list ofdocuments.Notices to admit or produce ��–––––––––––––––LRO 1/2006STATUTE LAW OF THE BAHAMAS
CH.53 – 10]SUPREME COURTORDER 28ORIGINATING SUMMONS PROCEDURERule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Rule 9.Rule 10.Rule 11.Application.Fixing time for attendance of parties before Court.Notice of first hearing, etc.Directions, etc., by Court.Adjournment of summons.Application affecting party in default of appearance.Counterclaim by defendant.Continuation of proceedings as if cause or matter begun by writ.Order for hearing or trial.Failure to prosecute proceedings with despatch.Abatement, etc., of action.ORDER 29INTERLOCUTORY INJUNCTIONS, INTERIMPRESERVATION OF PROPERTY, INTERIM PAYMENTS, ETC.I. Interlocutory injunctions, interim preservation of property, etc.Rule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Application for injunction.Detention, preservation, etc., of subject-matter of cause or matter.Power to order samples to be taken, etc.Sale of perishable property, etc.Order for early trial.Recovery of personal property subject to lien, etc.Directions.Allowance of income of property pendente lite.II. Interim PaymentsRule 9.Rule 10.Rule 11.Rule 12.Rule 13.Rule 14.Rule 15.Rule 16.Rule 17.Interpretation of Part II.Application for interim payment.Manner in which application under rule 10 must be made.Order for interim payment.Directions on application under rule 10.Non-disclosure of order for interim payment.Payment into court.Adjustment on final judgment or order.Interim order on counterclaim.STATUTE LAW OF THE BAHAMASLRO 1/2006
SUPREME COURT[CH.53 – 11ORDER 30RECEIVERSRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Application for receiver and injunction.Giving of security by receiver.Remuneration of receiver.Receiver’s accounts.Payment of balance, etc., by receiver.Default by receiver.ORDER 31SALES, ETC., OF LAND BY ORDER OF COURT:CONVEYANCING COUNSEL OF THE COURTI. Sales, etc., of Land by Order of CourtRule 1.Rule 2.Rule 3.Rule 4.Power to order sale of land.Manner of carrying out sale.Certifying result of sale.Mortgage, exchange or partition under order of the Court.II. Conveyancing Counsel of the CourtRule 5.Rule 6.Rule 7.Rule 8.Reference of matters to conveyancing counsel of court.Objection to conveyancing counsel’s opinion.Distribution of references among conveyancing counsel.Obtaining counsel’s opinion on reference.ORDER 31ACASE MANAGEMENT BY COURTPART I OBJECTIVERule 1. Court’s duty to actively manage cases.PART II DISPUTE RESOLUTION CONFERENCERule 2. Dispute resolution conference.Rule 3. Person conducting conference.Rule 4. Procedure for dispute resolu-tion conference.Rule 5. Confidentiality.Rule 6. Notice of settlement.PART III CASE MANAGEMENT CONFERENCE PROCEDURERule 7. Notice of settlement.Rule 8. Case management conference.Rule 9. Dispensing with case management conference.Rule 10. Small money claims.Rule 11. Application for summary judgment.Rule 12. Attendance at case management conference or pre-trial review.Rule 13. Orders to be made at case management conference.Rule 14. Adjournment of case management conference.Rule 15. Variation of case management timetable.Rule 16. Listing �LRO 1/2006STATUTE LAW OF THE BAHAMAS
CH.53 – 12]SUPREME COURTRule 17. Fixing trial date.PART IV POWERS OF THE COURTRule 18. Court’s powers.Rule 19. Court’s power to make orders of its own initiative.Rule 20. Grounds for striking out pleading.Rule 21. Court’s power to strike out pleading.Rule 22. Judgment without trial after striking out.Rule 23. Setting aside judgment entered after striking out.Rule 24. Sanctions to have effect unless defaulting party obtains relief.Rule 25. Application for relief from sanctions.Rule 26. General power of the Court to rectify matters where there has been aprocedural error.PART V PRE-TRIAL REVIEWRule 27. Scope of this Part.Rule 28. Direction for pre-trial review.Rule 29. Parties to prepare pre-trial memorandum.Rule 30. Directions at pre-trial review.PART VI MISCELLANEOUSRule 31. Rules to prevail.SCHEDULEORDER 32APPLICATIONS AND PROCEEDINGS IN CHAMBERSRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Rule 9.Rule 10.Rule 11.Rule 12.Rule 13.Mode of making application.Issue of summons.Service of summons.Adjournment of hearing.Proceeding in absence of party failing to attend.Order made ex parte may be set aside.Subpoena for attendance of witness.Registrar and certain clerks may administer oaths, etc.Application for leave to institute certain proceedings.Application to make order of Her Majesty’s Privy Council order ofSupreme Court.Jurisdiction of Registrar.Reference of matter to judge.Power to direct hearing in court.ORDER 33PLACE AND MODE OF TRIALRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Place of trial.Mode of trial.Time, etc., of trial of questions or issues.Determining the place and mode of trial.Trial with assistance of assessors.Dismissal of action, etc., after decision of preliminary issue.STATUTE LAW OF THE BAHAMASLRO 1/2006
SUPREME COURT[CH.53 – 13ORDER 34SETTING DOWN FOR TRIAL ACTION BEGUN BY WRITRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Application and interpretation.Time for setting down action.Lodging documents when setting down.Directions relating to lists.Further provisions as to lists.Notification of setting down.Abatement, etc., of action.ORDER 35PROCEEDINGS AT TRIALRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Rule 9.Failure to appear by both parties or one of them.Judgment, etc., given in absence of party may be set aside.Adjournment of trial.Order of speeches.Inspection by judge or jury.Death of party before giving a judgment.List of exhibits.Custody of exhibit after trial.Impounded documents.ORDER 36TRIALS BEFORE, AND INQUIRIES BY, THE REGISTRARRule 1.Rule 2.Power to order trial before the Registrar.Powers, etc., of Registrar.ORDER 37ASSESSMENT OF DAMAGESRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Assessment of damages by the Registrar.Certificate of amount of damages.Default judgment against some but not all defendants.Power to order assessment at trial.Assessment of value.Assessment of damages to time of O 1/2006STATUTE LAW OF THE BAHAMAS
CH.53 – 14]SUPREME COURTORDER 38EVIDENCEI. General RulesRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Rule 9.Rule 10.Rule 11.Rule 12.Rule 13.General rule: witnesses to be examined orally.Evidence by affidavit.Evidence of particular facts.Limitation of expert evidence.Limitation of plans, etc., in evidence.Revocation or variation of orders under rules 2 to 5.Expert evidence in action arising out of accident.Application to trials of issues, references, etc.Depositions: when receivable in evidence at trial.Court documents admissible or receivable in evidence.Evidence of consent of new trustee to act.Evidence at trial may be used in subsequent proceedings.Order to produce document at proceeding other than trial.II. Writs of SubpoenaRule 14.Rule 15.Rule 16.Rule 17.Rule 18.Form and issue of writ of subpoena.More than one name may be included in one writ of subpoena.Amendment of writ of subpoena.Service of writ of subpoena.Duration of writ of subpoena.III. Hearsay EvidenceRule 19.Rule 20.Rule 21.Rule 22.Rule 23.Rule 24.Rule 25.Rule 26.Rule 27.Rule 28.Interpretation and application.Notice of intention to give certain statements in evidence.Statement admissible by virtue of section 2 of the Civil EvidenceAct of England: contents of notice.Statement admissible by virtue of section 4 of the Act: contents ofnotice.Statement admissible by virtue of section 5 of the Act: contents ofnotice.Reasons for not calling a person as a witness.Counter-notice requiring person to be called as a witness.Determination of question whether person can or should be calledas a witness.Directions with respect to statement made in previous proceedings.Power of Court to allow statement to be given in evidence.STATUTE LAW OF THE BAHAMASLRO 1/2006
SUPREME COURTRule 29.Rule 30.Rule 31.Rule 32.[CH.53 – 15Restriction on adducing evidence as to credibility of maker, etc., ofcertain statements.Notice required of intention to give evidence of certain inconsistentstatements.Costs.Certain powers exercisable in chambers.IV. Expert EvidenceRule 33.Rule 34.Rule 35.Rule 36.Rule 37.Rule 38.Rule 39.Rule 40.Rule 41.Rule 42.Interpretation.Restrictions on adducing expert evidence.Medical evidence in actions for personal injuries.Other expert evidence.Disclosure of part of expert evidence.Expert evidence of engineers in accident cases.Expert evidence contained in statement.Putting in evidence expert report disclosed by another party.Time for putting expert report in evidence.Revocation and variation of directions.ORDER 39EVIDENCE BY DEPOSITION: EXAMINERS OF THE COURTRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Rule 9.Rule 10.Rule 11.Rule 12.Rule 13.Rule 14.Rule 15.Rule 16.Rule 17.Rule 18.Rule 19.Power to order depositions to be taken.Where person to be examined is out of the jurisdiction.Order for issue of letter of request.Enforcing attendance of witness at examination.Refusal of witness to attend, be sworn, etc.Appointment of time and place for examination.Examiner to have certain documents.Conduct of examination.Examination of additional witnesses.Objection to questions.Taking of depositions.Time taken by examination to be indorsed on depositions.Special report by examiner.Order for payment of examiner’s fees.Perpetuation of testimony.Examiners of the Court.Assignment of examinations to examiners of the Court.Obtaining assignment of examiner of the Court.Fees and expenses of examiners of the �––––––––––––––LRO 1/2006STATUTE LAW OF THE BAHAMAS
CH.53 – 16]SUPREME COURTORDER 40COURT EXPERTRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Appointment of expert to report on certain questions.Report of court expert.Experiments and tests.Cross-examination of court expert.Remuneration of the court expert.Calling of expert witnesses.ORDER 41AFFIDAVITSRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Rule 9.Rule 10.Rule 11.Form of affidavit.Affidavit by two or more deponents.Affidavit by illiterate or blind person.Use of defective affidavit.Contents of affidavit.Scandalous, etc., matter in affidavit.Alterations in affidavits.Filing of affidavits.Use of original affidavit or office copy.Documents to be used in conjunction with affidavit to be exhibitedto it.Affidavit taken in Commonwealth and other countries.ORDER 42JUDGMENTS AND ORDERSRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Form of judgment, etc.Judgment, etc., requiring act to be done: time for doing it.Date from which judgment or order takes effect.Orders required to be drawn up.Drawing up and entry of judgments and orders.ORDER 43ACCOUNTS AND INQUIRIESRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Summary order for account.Court may direct taking of accounts, etc.Directions as to manner of taking account.Account to be made, verified, etc.Notice to be given of alleged omissions, etc., in account.Allowances.Delay in prosecution of accounts, etc.Distribution of fund before all persons entitled are ascertained.STATUTE LAW OF THE BAHAMASLRO 1/2006
SUPREME COURTRule 9.[CH.53 – 17Guardian’s accounts.ORDER 44PROCEEDING UNDER JUDGMENTS AND ORDERS: EQUITYSIDERule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Rule 9.Rule 10.Rule 11.Rule 12.Rule 13.Rule 14.Rule 15.Rule 16.Rule 17.Rule 18.Rule 19.Rule 20.Rule 21.Rule 22.Rule 23.Rule 24.Rule 25.Application to proceedings under an order.Documents to be left at chambers: summons to proceed.Service of notice of judgment on person not a party.Directions by Court.Court may require parties to be represented by the same attorney.Court may require parties to be represented by different attorneys.Leave to attend proceedings, etc.Judgment requiring deed to be settled by court: directions.Application of rules 10 to 17.Advertisements for creditors and other claimants.Failure to claim within specified time.Examination, etc. of claims.Adjudication on claims.Adjournment of adjudication.Service of notice of judgment on certain claimants.Notice, etc., of claims allowed.Service of notices.Interest on debts.Interest on legacies.Determination by judge of question arising before Registrar.Registrar’s certificate.Settling and filing of Registrar’s Certificate.Discharge or variation of Registrar’s Certificate.Further consideration of cause or matter in chambers.Further consideration of cause or matter in court.ORDER 45ENFORCEMENT OF JUDGMENTS AND ORDERS: GENERALRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Enforcement of judgment, etc., for payment of money.Judgment, etc., for payment of money to person resident outsidethe scheduled territories.Enforcement of judgment for possession of land.Enforcement of judgment for delivery of goods.Enforcement of judgment to do or abstain from doing any act.Judgment, etc., requiring act to be done: order fixing time for doingit.Service of copy of judgment, etc., prerequisite to enforcementunder r. –––––––––––––LRO 1/2006STATUTE LAW OF THE BAHAMAS
CH.53 – 18]SUPREME COURTRule 8.Rule 9.Rule 10.Rule 11.Rule 12.Rule 13.Court may order act to be done at expense of disobedient party.Execution by or against person not being a party.Conditional judgment: waiver.Matters occurring after judgment: stay of execution, etc.Forms of writs.Enforcement of judgments and orders for recovery of money, etc.ORDER 46WRITS OF EXECUTION: GENERALRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Rule 9.Definition.When leave to issue any writ of execution is necessary.Leave required for issue of writ in aid of other writ.Application for leave to issue writ.Application for leave to issue writ of sequestration.Issue of writ of execution.Writ and praecipe where Exchange Control Act (Ch. 360), andRegulations apply.Duration and renewal of writ of execution.Return to writ of execution.ORDER 47WRITS OF FIERI FACIASRule 1.Rule 2.Rule 3.Rule 4.Power to stay execution by writ of fieri facias.Separate writs to enforce payment of costs, etc.No expenses of execution in certain cases.Order for sale otherwise than by auction.ORDER 48EXAMINATION OF JUDGMENT DEBTOR, ETC.Rule 1.Rule 2.Rule 3.Order for examination of judgment debtor.Examination of party liable to satisfy other judgment.The Registrar to make record of debtor’s statement.ORDER 49GARNISHEE PROCEEDINGSRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Attachment of debt due to judgment debtor.Application for order.Service and effect of order to show cause.No appearance or dispute of liability by garnishee.Dispute of liability by garnishee.Claims of third persons.Judgment creditor resident outside scheduled territories.Discharge of garnishee.STATUTE LAW OF THE BAHAMASLRO 1/2006
SUPREME COURTRule 9.Rule 10.[CH.53 – 19Money in court.Costs.ORDER 50CHARGING ORDERS, STOP ORDERS, ETC.Rule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Rule 9.Rule 10.Rule 11.Rule 12.Rule 13.Rule 14.Order imposing charge on securities.Application for order under r. 1.Service of notice of order to show cause.Effect of order to show cause.Making and effect of charging order absolute.Discharge, etc., of charging order.Money in court: charging order.Jurisdiction of Registrar to grant injunction or appoint receiver toenforce charge.Funds in court: stop order.Securities not in court: stop notice.Effect of stop notice.Amendment of stop notice.Withdrawal, etc. of stop notice.Order prohibiting transfer, etc., of securities.ORDER 51RECEIVERS: EQUITABLE EXECUTIONRule 1.Rule 2.Appointment of receiver by way of equitable execution.Application of rules as to appointment of receiver, etc.ORDER 52COMMITTALRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Committal for contempt of court.Application to Supreme Court.Application for order after leave to apply granted.Saving for power to commit without application for purpose.Provisions as to hearing.Power to suspend execution of committal order.Discharge of person committed.Saving for other powers.ORDER 53JUDICIAL ORDERRule 1.Rule 2.Rule 3.Rule 4.Cases appropriate for application for judicial review.Joinder of claims for relief.Grant of leave to apply for judicial review.Delay in applying for ��––––––––––––––LRO 1/2006STATUTE LAW OF THE BAHAMAS
CH.53 – 20]SUPREME COURTRule 5.Rule 6.Rule 7.Rule 8.Rule 9.Rule 10.Rule 11.Mode of applying for judicial review.Statements and affidavits.Claim for damages.Application for discovery, interrogatories, cross-examinations, etc.Hearing of application for judicial review.Appeal form Judge’s order.Meaning of Court.ORDER 54APPLICATION FOR WRIT OF HABEAS CORPUSRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Rule 9.Rule 10.Application for writ of habeas corpus ad subjiciendum.Power of court to whom ex parte application made.Copies of affidavits to be supplied.Power to order release of person restrained.Directions as to return to writ.Service of writ and notice.Return to the writ.Procedure at hearing of writ.Bringing up prisoner to give evidence etc.Form of writ.ORDER 55APPEALS TO SUPREME COURT FROM COURT, TRIBUNALOR PERSON: GENERALRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule 8.Application.Court to hear appeal.Bringing of appeal.Service of notice of motion and entry of appeal.Date of hearing appeal.Amendment of grounds of appeal, etc.Powers of Court hearing appeal.Right of Minister, etc., to appear and be heard.ORDER 56APPEALS, ETC., TO SUPREME COURT BY CASE STATED:APPEAL FROM MAGISTRATE'S COURT BY CASE STATEDRule 1.Rule 2.Rule 3.Rule 4.Rule 5.Rule 6.Rule 7.General.Form of case.Notice of entry of appeal.Appeals relating to affiliation proceedings.Case stated by Ministers, tribunal, etc.Application for order to state a case.Signing and service of case.STATUTE LAW OF THE BAHAMASLRO 1/2006
SUPREME COURTRule 8.Rule 9.Rule 10.[CH.53 – 21Proceedings for determination of case.Amendment of case.Right of Minister to appear and be heard.ORDER 57COURT PROCEEDINGS: SUPPLEMENTARY PROVISIONSRule 1.Rule 2.Rule 3.Application.Entry of motions.Filing of affidavits and drawing up of orders.ORDER 58APPEALS FROM THE REGISTRARRule 1.Appeals from certain decisions of the Registrar, etc., to judge inchambers.ORDER 59COSTSPreliminaryRule 1.Rule 2.Interpretation.Application.Entitlement to CostsRule 3.Rule 4.Rule 5.Rule 6.Rule 7.Rule
Rule 2. Discontinuance of action, etc., without leave. Rule 3. Discontinuance of action, etc., with leave. Rule 4. Effect of discontinuance. Rule 5. Stay of subsequent action until costs paid. Rule 6. Withdrawal of summons. ORDER 22 PAYMENT INTO AND OUT OF COURT Rule 1. Payment into court. Rule 2. Payment in by defendant who has counterclaimed .
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The Supreme Court of Ohio 65 S. Front Street, 6th Floor Columbus, Ohio 43215-3431 *Education Exemptions: (1) Pursuant to May.Ed.R. 3(D)(1) and 4(D)(1), a retired judge eligible for assignment by the Chief Justice of the Supreme Court of Ohio to active duty in thegeneral division of the court of common pleas, a municipal court, or a county court is
2 Supreme Court Case Studies Supreme Court Case Study 1 (continued) DIRECTIONS: Answer the following questions on a separate sheet of paper. 1. Why is the Marbury case important in the history of the Supreme Court? 2. In what way did the Marbury decision enha
Florida Supreme Court Approved Family Law Form 12.981(a)(1), Stepparent Adoption: Consent and Waiver by Parent (--/--) Author: Florida Supreme Court Forms Workgroup Subject: Florida Supreme Court Approved Family Law Form 12.981\(a\)\(1\) Keywords: Florida Family Law Forms, Stepparent Adoption Created Date: 4/25/2016 2:51:02 PM
SUPREME COURT OF ILLINOIS NOVEMBER TERM 2022 Supreme Court Clerk Supreme Court Building Springfield, Illinois 62701 Telephone (217) 782-2035
SUPREME COURT OF ILLINOIS PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, _vs- AARON RIOS-SALAZAR . 770 E. Etna Road Ottawa, IL 61350 (815) 434-5531 3rddistrict.esérve@osad.state.il.us . Jurisdiction lies with this Court under Supreme Court Rules 315 and 612(b). This Court allow
Court of Appeals. The Colorado Court of Appeals held that the teachers’ strike was unlawful.3 Reviewing precedent from other states, the court concluded that “under the common law, strikes by public employees are illegal.” The court declined to adopt the contrary rule of the California Supreme Court upholding a common law
