Civil Procedure: Supreme Court

Civil Procedure: Supreme Court

1. 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
   • PWS
     • Filing
       • 1. Lodge in Registry of SC (Rule 4(1))
         • 2. Stamp & Signature of Master (Rule 4(2)

2. 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 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
   • 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
   • Plea in limine Litis
     • Objection on a point in law
       • Reviewing the MR’s decision

3. Trial

   • Amendment of Pleading Rule 17
     • Strike out v Dismissal Rule 15
       • Suggestion of Records
         • Personal Answers
   • Payment in Court
     • Non-joinder or Misjoinder of a party
       • Third Party
         • Interpleader
           • Notice of Preliminary Objection
             • De Bene Esse

4. Appeal/ New Trial

5. 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

6. Judgment

   • Cross Judgment
     • Execution of Judgment
       • Slip Rule