8220112
Description
Mind Map by Jones Armando Antoine, updated more than 1 year ago
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Created by Jones Armando Antoine
about 7 years ago
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Civil Procedure: Supreme Court
- Lodging a case before SC
- Service:(Rule 5) delay 14 days
- 1. By registered post rule 3(3)
- 2. By Usher
- if not joinable
- Substituted service Rule 7 (Ask Leave)
- Affixing on door
- Daily Newspapers
- Radio or TV
- Affixing in Town Hall or Village Council
- Affixing in Town Hall or Village Council
- Radio or TV
- Daily Newspapers
- Affixing on door
- Substituted service Rule 7 (Ask Leave)
- if not joinable
- 2. By Usher
- 1. By registered post rule 3(3)
- PWS
- Filing
- 1. Lodge in Registry of SC (Rule 4(1))
- 2. Stamp & Signature of Master (Rule 4(2)
- 2. Stamp & Signature of Master (Rule 4(2)
- 1. Lodge in Registry of SC (Rule 4(1))
- Filing
- Service:(Rule 5) delay 14 days
- Particulars and
Plea
- Grounds to refuse particulars: Matter of evidence, party is fishing evidence, interrogatory in nature (yes or no), irrelevant facts, matter of law, priviledge and public policy, no knowledge: the asking party can then ask sc to struck this part of pws,
- NB: Amendment of particulars: ask for leave first
- If party does not want to answer particulars, ask MR to decide on the matter by way of proecipe and affidavit.
- If still refuses, the adverse party can apply to review MR's decision to CJ - no prescribed procedure. The CJ will appoint a judge to review the MR's decision.
- If still refuses, the adverse party can apply to review MR's decision to CJ - no prescribed procedure. The CJ will appoint a judge to review the MR's decision.
- If party does not want to answer particulars, ask MR to decide on the matter by way of proecipe and affidavit.
- NB: Amendment of particulars: ask for leave first
- If docs are forgeries? Genuineness of documents
- Procedure (Rule 31): by way of PWS, praying the court to decree that doc is forgery and contest la sincérité de l'acte. 3 experts will provide a report and SC will give judgment according to the report
- Procedure (Rule 31): by way of PWS, praying the court to decree that doc is forgery and contest la sincérité de l'acte. 3 experts will provide a report and SC will give judgment according to the report
- Brief: Must be filed to Registry and attorney's office 14 days before trial
- Service Notice Tender of Evidence on other parties: at least 4 weeks before Trial// Service of List of witnesses: 9 days before Trial unless leave from master// Application for issue of summons verbally before MR with filing service of List of witnesses: 8 days before Trial unless leave of Master// Additional List of witness: at least 24 hours before Trial day
- Alternative Pleading
- Alternative Pleading
- Service Notice Tender of Evidence on other parties: at least 4 weeks before Trial// Service of List of witnesses: 9 days before Trial unless leave from master// Application for issue of summons verbally before MR with filing service of List of witnesses: 8 days before Trial unless leave of Master// Additional List of witness: at least 24 hours before Trial day
- Plea in limine Litis
- Objection on a
point in law
- Reviewing the MR’s
decision
- Reviewing the MR’s
decision
- Objection on a
point in law
- Grounds to refuse particulars: Matter of evidence, party is fishing evidence, interrogatory in nature (yes or no), irrelevant facts, matter of law, priviledge and public policy, no knowledge: the asking party can then ask sc to struck this part of pws,
- Trial
- Amendment of
Pleading Rule 17
- Strike out v
Dismissal Rule 15
- Suggestion of Records
- Personal
Answers
- Personal
Answers
- Suggestion of Records
- Strike out v
Dismissal Rule 15
- Payment in
Court
- Non-joinder or
Misjoinder of a party
- Third Party
- Interpleader
- Notice of Preliminary
Objection
- De Bene Esse
- De Bene Esse
- Notice of Preliminary
Objection
- Interpleader
- Third Party
- Non-joinder or
Misjoinder of a party
- Amendment of
Pleading Rule 17
- Appeal/ New Trial
- Returnable
Date
- If D absent or not represented or
does not answer when called, case
postponed
- But if personal service upon him, upon
proof of personal service, case fixed
for trial, no service need to be given to
D for judge to give judgment by
default. Judge will hear P's version first
- If D present on same
day, can make verbal
motion to reinstate
the case where
judgment was given
against him. It can
also be done by way
of Affidavit stating
reasons of absence
- If Judge
refuses
- Appeal
- New Trial if more days
- Appeal
- If Judge
refuses
- If D present on same
day, can make verbal
motion to reinstate
the case where
judgment was given
against him. It can
also be done by way
of Affidavit stating
reasons of absence
- But if personal service upon him, upon
proof of personal service, case fixed
for trial, no service need to be given to
D for judge to give judgment by
default. Judge will hear P's version first
- If D absent or not represented or
does not answer when called, case
postponed
- Judgment
- Cross
Judgment
- Execution of
Judgment
- Slip Rule
- Slip Rule
- Execution of
Judgment
- Cross
Judgment
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