Appendix 1
Requisite document for purposes of rule 29
1.(1)Where a party is entitled to require any costs to be taxed by the virtue of a judgment or order given or made in any proceedings in the Supreme Court, the requisite document for the purposes of rule 29 is the judgment or order as the case may be.(3)Where the entitlement arises by virtue of a direction of the court given under these rules, the requisite document is that direction.2.Where a party is entitled by virtue of rule 5(3), (4) or (5) to require any costs to be taxed, the requisite document for the purposes of rule 29 is:—(a)where he is entitled by virtue of rule 5(3), the notice given to him under Order 21, rule 2;(b)where he is so entitled by virtue of rule 5 (4) or (5) a certified copy of the notice given by him under Order 22, rule 3.3.Where a party is entitled to require taxation by the Registrar of the costs directed to be paid by an award made on the arbitration under any Ordinance or pursuant to an arbitration agreement and no order of the court for the enforcement of the award has been made, the requisite document for the purposes of rule 29 is the award.4.Where apart from any order of the court a party is entitled to require taxation by the Registrar of the fees and charges payable to a bailiff, the requisite document for the purposes of rule 29 is the bailiff's bill of fees and charges.5.Where a party is entitled to require taxation by the Registrar of any costs directed to be taxed or paid by an order, award or other determination of a tribunal or other body constituted by or under any Ordinance, the requisite document for the purposes of rule 29 is the order, award or other determination, as the case may be.Appendix 2
Part I
1.Amount of costs(1)The amount of costs to be allowed shall (subject to rule 18 and to any order of the court fixing the costs to be allowed) be in the discretion of the Registrar.(2)In exercising his discretion the Registrar shall have regard to all the relevant circumstances, and in particular to—(a)the complexity of the item or of the cause or matter in which it arises and the difficulty or novelty of the questions involved;(b)the skill, specialized knowledge and responsibility required of, and the time and labour expended by, the attorney;(c)the number and importance of the documents (however brief) prepared or perused;(d)the place and circumstances in which the business involved is transacted;(e)the importance of the cause or matter to the client;(f)where money or property is involved, its amount or value;(g)any other fees and allowances payable to the attorney in respect of other items in the same cause or matter, but only where work done in relation to those items has reduced the work which would otherwise have been necessary in relation to the item in question.(3)The bill of costs shall consist of such items specified in Part II as may be appropriate, set out, except for item 4, in chronological order, and each such item shall specify; the professional time actually spent in respect of it; by whom; and the rate or rates at which that professional time was charged to the client.(4)Where an attorney has undertaken work on the basis of a fixed fee, or a brief fee, whether or not it contains provision for refreshers, the bill of costs must nevertheless contain an itemization of the work actually done, set out in accordance with Part II, but need not specify a rate for the time worked.2.Fees to overseas counsel(1)Except in the case of taxation of fees payable by the Crown, no fee to overseas counsel who come to the Islands for any particular cause or matter shall be allowed unless—(a)before taxation its amount has been agreed by the attorney instructing counsel, and(b)before the Registrar issues his certificate a receipt for the fees signed by counsel is produced.(2)Except in taxations under rules 14 and 15—(a)no costs shall be allowed in respect of overseas counsel attending before the Registrar in chambers or of more counsel than one attending before a judge in chambers unless the registrar or judge, as the case may be, has certified the attendance as being proper in the circumstances of the case;(b)a refresher fee, the amount of which shall be in the discretion of the Registrar, shall be allowed to counsel either(i)for each period of 5 hours (or part thereof) after the first during which a trial or hearing is proceeding, or(ii)at the discretion of the Registrar, in respect of any day after the first day, on which the attendance of counsel at the place of trial was necessary.3.Items to be authorised, certified etc.(2)The costs of calling an expert witness with regard to any questions to which a court expert is appointed under Order 40 shall not be allowed on a taxation of costs on the standard basis, unless the Court at the trial has certified that the calling of the witness was reasonable.Part II
1.Interlocutory attendances(a)Attending the hearing of any summons or other application at Court or appointment in chambers or elsewhere.(b)Travelling and waiting.3.Attendance at trial or hearing(a)Attending the trial or hearing of a cause or matter, or an appeal or to hear a deferred judgment.(b)Travelling and waiting.4.PreparationPart A – The doing of any work which was reasonably done arising out of or incidental to the proceeding, including—
(i)The Client: taking instructions to sue, defend, counterclaim, appeal or oppose etc., attending upon and corresponding with client; taking and preparing proofs of evidence;(ii)Witnesses interviewing and corresponding with witnesses and potential witnesses, taking and preparing proofs of evidence and, where appropriate, arranging attendance at court including issue of subpoena;(iii)Expert Evidence: obtaining and considering reports or advice from experts and plans, photographs and models; where appropriate arranging their attendance at court, including issue of subpoena;(iv)Inspections: inspecting any property or place material to the proceedings;(v)Searches and Enquires: making searches at offices of public records and elsewhere for relevant documents: searches in the Companies Registry and similar matters;(vi)Special Damages: obtaining details of special damages and making or obtaining any relevant calculations;(vii)Other Parties: attending upon and corresponding with other parties or their attorneys;(viii)Discovery: perusing, considering or collating documents for affidavit or list of documents: attending to inspect or produce for inspection any documents required to be produced or inspected by order of the court or by virtue of Order 24;(ix)Documents: preparation and consideration of pleadings and affidavits, cases and instructions to and advice from counsel, any law involved and any other relevant documents including collating and service;(x)Negotiations: work done in connection with negotiations with a view to settlement;(xi)Agency: correspondence with and attendances upon other agents and work done by them;(xii)Interest: where relevant, the calculation of interest;(xiii)Notices: preparation and service of miscellaneous notices including notices to witnesses to attend court.Part B – Travelling and waiting time in connection with the above matters
5.Taxation(a)Taxation of costs(i)Preparing the bill (where allowable) and preparing for attending the taxation;(ii)Traveling and waiting.(b)Review(i)preparing and delivering objections to decision of the Registrar on taxation or answers to objections, and consider opponent's answers or objections, as the case may be; attending hearing of review;(ii)Travelling and waiting.Appendix 3
Fixed costs
Part I – Costs on the recovery of a liquidated sum without trial
1.The scale of costs following paragraph 2 of this Part of this Appendix shall apply in relation to the following cases if the writ therein was issued on or after the date of commencement of these Rules, and was indorsed in accordance with Order 6, rule 2(1)(b) with a claim for a debt or liquidated demand only of $1000 or upwards, that is to say—(a)cases in which defendant pays the amount claimed or a sum of $1000 or upwards within the time and in the manner required by the endorsement of the writ;(b)cases in which the plaintiff obtains judgment for failure to give notice of intention to defend under Order 13, rule 1, or judgment in default of defence under Order 19, rule 2, being in any case judgment for a sum of $1000 or upwards.2.There shall be added to the basic costs set out in the said scale—(i)if the amount recovered is less than $5,000 the fee payable on applying for a summons in the Magistrate's Court for that amount, and(ii)in any other case, the appropriate court fees.Scale of costs
| A. Basic costs |
|---|
| Amount to be allowed in cases under following sub-paragraphs of paragraph 1 of this Appendix |
| If the amount recovered is | (a) | (b) |
| not less than $1000not less than $5,0000 | $150 | $200 |
| not less than $5,000not less than $7,500 | $200 | $250 |
| not less than $7,500 | $250 | $300 |
| B. Additional costs |
|---|
| Amount to be allowed where the amount recovered is— |
| | (i) not less than $1000 but less than $7,500 | (ii) not less than $7,500 |
| (1) Where there is more than one defendant, in respect of each additional defendant served | $50 | $100 |
| (2) Where substituted service is ordered and effected, in respect of each defendant served | $75 | $150 |
| (3) Where service out of the jurisdiction is ordered and effected in any place out of the jurisdiction | $100 | $200 |
| (4) In the case of judgment in default of defence, where notice of intention to defend is given after the time limited therefor and the plaintiff makes an affidavit of service for the purpose of a judgment on failure to give notice of intention to defend (allowance to include the search fee) | $50 | $75 |
Part II – Costs on judgment without trial for possession of land
1.(1)Where the writ is indorsed with a claim for the possession of land and the plaintiff obtains judgment—(a)under Order 13, rule 4 or 5, on failure to give notice of intention to defend, or(b)under Order 19, rule 5 or 6, in default of defence,for possession of the land and costs, then, subject to sub-paragraph (2), there shall be allowed the costs prescribed by paragraph 2 of this Part of this Appendix.(2)Where the plaintiff is also entitled under the judgment to damages to be assessed, this part of this Appendix shall not apply.2.The costs to be allowed under this Part of this Appendix shall be the costs which would be allowed under Part 1 (together with the fee paid on the writ) if judgment had been obtained in the same circumstances, that is to say, on failure to give notice of intention to defend or in default of defence but the writ has been indorsed with a claim for a debt or liquidated demand only of $1000 or upwards and judgment for not less than $7,500 has been obtained.Part III – Miscellaneous
1.Where a plaintiff or defendant is entitled to costs by virtue of the rule 5(3), (4) or (5) there shall be allowed—2A.Where costs are allowed under the following paragraphs of this Part, the appropriate court fees shall be allowed in addition.3.Where, upon the application of any person who has obtained a judgment or order against a debtor for the recovery or payment of money, a garnishee order is made under Order 49, rule 1, against a garnishee attaching debts due or accruing due from the debtor, the following costs shall be allowed—| (a) | to the garnishee to be deducted by him from any debt due by him as foresaid before payment to the applicant | $200 |
| (b) | to the applicant, to be retained, unless the Court otherwise orders, out of the money recovered by him under the garnishee order and in priority to the amount of the debt owing to him under the judgment or order— | |
| (i) - Basic costsIf the amounts recovered by the applicant from the garnishee is— | |
| less than $500 | one half of the amount recovered |
| not less than $500 | $500 |
| (ii) - Additional costsWhere the garnishee fails to attend the hearing of the application and an affidavit of service is required | $75 |
| Basic costs | $50 |
| Where notice of proceedings has been given to more than one person, in respect of each adclitional person | $50 |
| Costs of issuing execution | $200 |
Order 63 – The Registry
1.Distribution of business in the Registry (O. 63, r. 1)The Registry shall be divided into such departments, and the business performed in the Registry shall be distributed among the departments in such manner, as the Chief Justice may direct.3.Date of filing to be marked, etc. (O. 63, r. 3)(1)Any document filed in the Registry in any proceedings must be stamped or imprinted to show the date on which the document was filed.(2)Particulars of the time of delivery at the Registry of any document for filing, the date of the document and the title of the cause or matter of which the document forms part of the record shall be entered in books kept in the Registry for the purpose.18.The Registrar shall keep a book in the Registry, to be known as the cause book, in which details of each writ or other originating process shall be entered at the time of issue, showing the names of the parties and their addresses for service, and every such matter shall be numbered in every year according to the order in which it is entered.4.Right to inspect, etc., certain documents filed in the Registry (O. 63, r. 4)(1)Any person shall, on payment of the prescribed fee, be entitled, during office hours to search for, inspect and take a copy of any of the following documents filed in the Registry, namely—(a)the copy of any writ of summons or other originating process,(b)any judgment or order given or made in court of the copy of any such judgment or order, and(c)with the leave of the Court, which may be granted on an application made ex parte, any other document.(2)Nothing in the foregoing provisions shall be taken as preventing any party to a cause or matter searching for, inspecting and taking or bespeaking a copy of any affidavit or other document filed in the Registry in that cause or matter or filed therein before the commencement of that cause or matter but made with a view to its commencement.5.Deposit of documents (O. 63, r. 5)Where the Court orders any documents to be lodged in court, they must, unless otherwise directed, be deposited in the Registry.9.Restriction on removal of documents (O. 63, r. 9)No document filed in or in the custody of the Registry shall be taken out of the Registry without the leave of the court unless the document is to be sent to another office of the Supreme Court.10.Enrolment of instruments (O. 63, r. 10)Any deed which by virtue of any Ordinance is required or auth01ized to be enrolled in the Supreme Court may be enrolled in the Registry.Order 64 – Sittings, vacations and office hours
1.Sitting of Supreme Court (O. 64, r. 1)The sittings of the Supreme Court shall be four in every year, that is to say—(a)the Michaelmas sittings which shall begin on 1st October and end on 21st December;(b)the Hilary sittings which shall begin on 11th January and end on the Wednesday before Easter Sunday;(c)the Easter sittings which shall begin on the second Tuesday after Easter Sunday and end on the Friday before National Heroes Day; and(d)the Trinity sittings which shall begin on the second Tuesday after National Heroes Day and end on 31st July.3.Vacation sittings (O. 64, r. 3)(1)A judge shall sit in vacation as necessary, to hear such causes, matters or applications as require to be immediately or promptly heard other causes, matters or application if the Chief Justice determines that sittings are necessary for that purpose.(2)Any party to a cause or matter may at any time apply to the Court for an order that such cause or matter be heard in vacation and, if the Court is satisfied that the cause or matter requires to be immediately or promptly heard, it may make an order accordingly and fix a date for the hearing.(3)Any judge may hear such other causes or matters in the vacation as the Chief Justice may direct.7.Supreme Court offices: Days on which open and office hours (O. 64, r. 7)(1)The registry shall be open on every day of the year except—(a)Saturdays and sundays,(f)such other days as the Chief Justice may direct, and,(g)any other day on which government offices are closed by order or pennission of the Governor of the Chief Secretary.(2)The hours during which the Registry shall be open to the public shall be such as the Chief Justice may from time to time direct, and in the absence of such direction, shall be nonnal Government office hours.Order 65 – Service of documents
1.When personal service required (O. 65, r. 1)(1)Any document which by virtue of these rules is required to be served on any person need not be served personally unless the document is one which by an express provision of these rules or by order of the court is required to be so served.(2)Paragraph (1) shall not affect the power of the court under any provision of these rules to dispense with the requirement for the personal service.2.Personal service: How effected (O. 65, r. 2)Personal service of a document is effected by leaving a copy of the document with the person to be served.3.Service on body corporate (O. 65, r. 3)Personal service of a document on a body corporate may, in cases for which provision is not otherwise made by any enactment, be effected by serving it in accordance with ruJe 2 on the mayor, chainnan or president of that body, or the town clerk, clerk, secretary, treasurer or other simiJar officer thereof.4.Substituted service (O. 65, r. 4)(1)If, in the case of any document which by virtue of any provision of these rules is required to be served personally or is a document to which Order 10, rule 1, applies, it appears to the Court that it is impracticable for any reason to serve that document in the manner prescribed, the Court may make an order for substituted service of that document.(2)An application for an order for substituted service may be made by an affidavit stating the facts on which the application is founded.(3)Substituted service of a document, in relation to which an order is made under this rule, is effected by taking such steps as the Court may direct to bring the document to the notice of the person to be served.5.Ordinary service: How effected (O. 65, r. 5)(1)Service of any document, not being a docwnent which by virtue of any provision of these rules is required to be served personally or a document to which Order 10, rule 1, applies, may be effected—(a)by leaving the document at the proper address of the person to be served, or(c)through a document exchange in accordance with paragraph {2A), or(d)by FAX in accordance with paragraph (2B), or(e)in such other manner as the Court may direct.(2)For the purposes of this rule, the proper address of any person on whom a document is to be served in accordance with this rule shall be the address for service of that person, but if at the time when service is effected that person has no address for service his proper address for the purposes aforesaid shall be—(a)in any case, the business address of the attorney (if any) who is acting for him in the proceedings in connection with which service of the document in ques6on is to be effected, or(b)in the case of an individual, his usual or last known address, or(c)in the case of individuals who are suing or being sued in the name of a firm, the principal or last known place of business of the firm within the jurisdiction, or(d)in the case of a body corporate, the registered or principal office of the body.(2A)Where—(a)the proper address for service includes a numbered box at a document exchange, or(b)there is inscribed on the paper of the party on whom the document is served (where such party acts in person) or on the writing paper of his attorney (where such a person acts by an attorney) a document exchange box number, and such a party or his attorney (as the case may be) has not indicated in writing to the party serving the document that he is unwilling to accept service through a document exchange,service of the document may be effected by leaving the document addressed to that numbered box at that document exchange or at a document exchange which transmits documents every business day to that document exchange, and any document which us left at a document exchange in accordance with this paragraph shall, unless the contrary is proved, be deemed to have served on the second business day following the day on which it is left.(2B)Service by FAX may be effected where—(a)the party serving the document acts by an attorney,(b)the party on whom the document is served acts by an attorney and services effected by transmission to the business address of such attorney,(c)the attorney acting for the party on whom the document is served has indicated in writing to the attorney serving the document that he is willing to accept service by FAX at a specified FAX number and the document is transmitted to that nwnber; and for this purpose the inscription of a FAX number-on a writing paper of a attorney shall be deemed to indicate that such an attorney is willing to accept service by FAX at that number in that accordance with this paragraph unless he states otherwise in writing, and(d)as soon as practicable after service by FAX the attorney acting for the party serving the document dispatches a copy of it to the attorney acting for the other party by any of the other methods prescribed for service by paragraph (1), and if he fails to do so the document shall be deemed never to have been served by FAX.Where the FAX is transmitted on a business day before 4 p.m., it shall, unless the contrary is shown, be deemed to be served on that day, and, in any other case, on the business day next following.(3)Nothing in this rule shall be taken as prohibiting the personal service of any document or as affecting any enactment which provides for the manner in which documents may be served on bodies corporate.(4)In this rule—(a)"document exchange" means any document exchange for the time being approved by the Chief Justice;(b)"business day" means any day other than a Saturday a Sunday or a public as defined in Order 3, rule 2(5).6.Service on Minister, etc., in proceedings which are not by or against the crown (O. 65, r. 6)Where for the purpose of or in connection with any proceedings in the Supreme Court, not being Civil procee-dings by or against the Crown within the meaning of Part II of the Crown Proceedings Ordinance, any document is required by any Ordinance or these rules to be served on the Minister of a government department or on such a department or on the Attorney General, section 14 of the said Ordinance and Order 77, rule 4, shall apply in relation to the service of the document as they apply in relation to the service of documents required to be served on the Crown for the purpose of or in connection with any civil proceedings by or against the Crown.7.Effect of service after certaln hours (O. 65. r. 7)Any document (other than a writ of summons or other originating process) service of which is effected under rule 2 or under rule 5(1)(a) between four o'clock in the afternoon on a Friday and midnight on the following Sunday or after 4 in the afternoon on any other weekday shall, for the purpose of computing any period of time after service of that document, be deemed to have been served on the Monday following that Friday or on the day following that other weekday, as the case may be.8.Affidavit of service (O. 65. r. 8)An affidavit of service of any document must state by whom the document was served, the day of the week and date on which it was served, where it was served and how.9.No service required in certain cases (O. 65, r. 9)Where by virtue of these rules any document is required to be served on any person but is not required to be served personally and at the time when service is to be effected that person is in default as to acknowledgment of service or has no address for service, the document need not be served on that person unless the Court otherwise directs or any of these rules otherwise provides.10.Service of process on saturday or sunday (O. 65, r. 10)(1)No process shall be served or executed within the jurisdiction on a Saturday or Sunday except, in the case of urgency, with the leave of the Court.(2)For the purposes of this rule "process" includes a writ, judgment, notice, order, petition, originating or other summons or warrant.Order 66 – Paper, printing, notices and copies
1.Quality and size of paper (O. 66. r. 1)Unless the nature of the document renders it impracticable, every document prepared by a party for use in the Supreme Court after the 1st June 2000, must be on letter sized paper (measuring 8 ½ by 11 inches) of durable quality, having a margin less than 1 ½ inches wide, to be left blank on the left side of the face of the paper and on the right side of the reverse:2.Regulations as to printing, etc. (O. 66, r. 2)(1)Except where these rules otherwise provide, every document prepared by a party for use in the Supreme Court must be produced by one of the following means,. this is to say, printing, writing (which must be clear and legible) and typewriting otherwise by means of a carbon, and my be produced partly by one of those means and partly by another or others of them.(2)For the purpose of these rules, a document shall be deemed to be printed if it is produced by type lithography or stencil duplicating.(3)Any type used in producing a document for use as aforesaid must be such to give a clear and legible impression and must be not smaller than 11 point type, or if written on a typewriter, must not be smaller than elite type.(4)Any document produced by a photographic or similar process giving a positive and permanent representation free from blemishes shall, to the extent that it contains a facsimile of any printed, written or typewritten matter, be treated for the purposes of these rules as if it were printed, written or typewritten, as the case may be.(5)Any notice required by these rules may not be given orally except with the leave of the Court.3.Copies of documents for other party (O. 66. r. 3)(1)Where a document has been prepared by a party for use in the Supreme Court, the party by whom it has been prepared must supply any party entitled to a copy of it with a copy of it and, where the document in question is an affidavit, of any document exhibited to it.(2)Subject to paragraph (3), the document must be ready for delivery within 48 hours after a written request for it, together with an undertaking to pay any proper charges, is received and must be supplied immediately on payment of those charges.(3)Where a party is joined to existing proceedings, the party joined shall be entitled to require the party joining him to supply, without charge, copies of all pleadings, affidavits and exhibits served in the proceedings by or upon the joining party which relate to any issues between the joining party and the party joined, and copies of all orders made in those proceedings.The documents must be supplied within 48 hours after a written request for them is received.(4)Where a document to which paragraph (1) or (3) applies exists in electronic form, a copy must be supplied (at the option of the party entitled to a copy of it) either in electronic form or hard copy, or both, and if supplied in electronic form must be supplied with sufficient technical information to enable the party entitled to such copy to read the document.4.Requirements as to copies (O. 66, r. 4)(3)The party by whom a copy is supplied under rule 3, or, if he sues or appears by an attorney, his attorney shall be answerable for the copy being a true copy of the original or of a certified copy, as the case may be.Order 67 – Change of attorney
1.Notice of change of attorney (O. 67, r. 1)(1)A party to any cause or matter who sues who sues or defends by an attorney may change his attorney without an order for that purpose but, unless and until notice of the change is filed and copies of the notice are lodged and served in accordance with trus rule, the former attorney shall, subject to rules 5 and 6 be considered the attorney of the party until the final conclusion of the cause or matter.(2)Notice of a change of attorney must be filed, and a copy thereof lodged, in the registry.(3)The new attorney must serve on every other party to the cause of matter (not being a party in default as to the acknowledgment of service) and on the former attorney a copy of the notice indorsed with a memorandum stating that the notice has been duly filed in the Registry.(4)The party on whose behalf notice has been given may perform the duties prescribed by his rule in person or by his new attorney.2.Notice of change of agent attorney (O. 67, r. 2)(1)Where an attorney for whom some other attorney is acting as agent in a cause or matter changes the attorney so acting, notice of the change must be given, and rule 1(2) shall apply in relation to a notice of change of agent as it applies in relation to a notice of change of attorney.(2)The attorney giving the notice must serve on every party to the cause or matter (not being the party for whom he is acting or a party in default as to acknowledgment of service) and on the attorney formerly acting as agent a copy of the notice indorsed with a memorandum stating that the notice has been duly filed in the Registry.3.Notice of apointment of attorney (O. 67, r. 3)Where a party, after having sued or defended in person, appoints an attorney to act in the cause or matter on his behalf, the change may be made without an order for that purpose and rule 1(2), (3) and (4) shall, with the necessary modifications, apply in relation to a notice of appointment of an attorney as they apply in relation to a notice of change of attorney.4.Notice of intention to act in person (O. 67, r. 4)Where a party, after having sued or defended by an attorney, intends and is entitled to act in person, the change may be made without an order for that purpose and rule 1 shall, with the necessary modifications, apply in relation to notice of intention to act in person as it applies in relation to a notice of change of attorney except that the notice of intention to act in person must contain an address for service within the jurisdiction of the patty giving it.5.Removal of attorney form record at instance of another party (O. 67, r. 5)(1)Where—(a)An attorney who has acted for a party in a cause or matter has died or become bankrupt or cannot be found or has failed to take out a practicing certificate or has been struck off the roll of attorneys or has been suspended from practising or has for any other reason ceased to practice, and(b)the party has not given notice of change of attorney or notice of intention to act in person in accordance with the foregoing provisions of this Order,any other party to the cause or matter may apply to the court for an order declaring that the attorney has ceased to be the attorney acting for the first-mentioned party in the cause or matter, and the Court may make an order accordingly.(2)An application for an order under this rule must be made by summons and the swnmons must, unless the Court otherwise directs, be served on the party to whose attorney the applications relates.The application must be supported by an affidavit stating the grounds of the application.(3)Where an order is made under this rule the party on whose application it was made must—(a)serve on every other party to the cause or matter (not being a party in default as to acknowledgment of service) a copy of the order, and(b)procure the order to be entered in the Registry and(c)leave at the Registry a copy of the order and a certificate signed by him or his attorney that the order has been duly served as aforesaid.(4)An order made under this rule shall not affect the rights of the attorney and the party for whom he acted as between themselves.6.Withdrawal of attorney who has ceased to act for party (O. 67. r. 6)(1)Where an attorney who has acted for a party in a cause or matter has ceased so to act and the party has not given notice of change in accordance with rule 1, or notice of intention to act in person in accordance with rule 4, the attorney may apply to the court for an order declaring that the attorney has ceased to be the attorney acting for the party in the cause or matter, and the Court may make an order accordingly, but unless and until the attorney—(a)serves on every party to the cause or matter (not being a party in default as to acknowledgment of service) a copy of the order, and(b)procures the order to be entered in the Registry and(c)leaves at the Registry a copy of the order and a certificate signed by him that the order hasbeen duly served as aforesaidhe shall, subject to the foregoing provisions of this Order, be considered the attorney of the party till the final conclusion of the cause or matter.(2)An application for an order under this rule must be made by summons and the summons must, unless the Court otherwise directs, be served on the party for whom the attorney acted.The application must be supported by an affidavit stating the grounds of the application.(3)An order made under this rule shall not affect the rights of the attorney and the party for whom he acted as between themselves.7.Address for service of party whose attorney is removed, etc. (O. 67. r. 7)(1)Where—(a)an order is made under rule 5, or(b)an order is made under rule 6, and the applicant for that order has complied with rule 6(1),then, unless and until the party to whose attorney or to whom, as the case may be, the order relates either appoints another attorney and complies with rule 3, or being entitled to act in person, gives notice of this intention so to do and complies with rule 4, his last known address within the jurisdiction or, where the party is a body corporate, its registered or principal office shall for the purpose of the service on him of any document not required to be served personally, be deemed to be his address for service.(2)Where such party has no last known address or registered or principal office (as the case may be) within the jurisdiction, and the party wishing to serve documents on him does not know, or may not reasonably be expected to know of any other address for service within the jurisdiction, he shall be deemed to have no address for service for the purposes of Order 65, rule 9.Order 69 – Service of foreign process
1.Definitions (O. 69, r. 1)ln this Order—"a convention country" means foreign country in relation to which there subsists a civil procedure convention providing for service in that country of process of the Supreme Court, and which has been extended or otherwise applies to the Turks and Caicos lslands "a process" includes a citation;"process server" means the process server appointed under rule 4.2.Applications (O. 69. r. 2)This Order applies to the service on a person in the Turks and Caicos Islands of any process in connection with civil or commercial proceedings in a foreign court or tribunal where the Registrar receives a written request for service—(a)from the Governor, with a recommendation by him that service should be effected, or(b)where the foreign court or tribunal is in a convention country, from a consular or other authority of that country.3.Service of process (O. 69. r. 3)(1)The request shall be accompanied by a translation thereof in English, two copies of the process and, unless the foreign court or tribunal certifies that the person to be served understands the language of the process, two copies of a translation thereof.(2)Subject to paragraph (3) and (5) and to any enactment providing for the manner of service of documents on corporate bodies, the process shall be served by the process server's leaving a copy of the process and a copy of the translation or certificate, as the case may be, with the person to be served.(4)The process server shall send to the Registrar a copy of the process and an affidavit, certificate or report proving due service of process or stating the reason why service could not be effected, as the case may be, and shall, if the Court so directs, specify the costs incurred in effecting attempting to effect service.(5)Order 65, rule 4 (substituted service) shall apply to the service of foreign process as it applies to the service of writs, except that the Registrar may make an order for substituted service of foreign process on the basis of the process server's affidavit, certificate or report, without an application being made to him in that behalf.(6)The registrar shall send a certificate, together with a copy of the process, to the consular or other authority or the Governor, as the case may be, stlting—(i)when and how service effected or the reason why service could not be effected, as the case may be;(ii)where appropriate, the amount certified by the Registrar to be the costs of effecting or attempting to effect service.(7)The certificate under paragraph (6) shall be sealed with the seal of the Supreme Court.4.Appointment of process server (O. 69, r. 4)The Registrar may appoint a process server for the purposes of this Order.Order 70 – Obtaining evidence for foreign courts, etc.
1.Interpretation and exercise of jurisdiction (O. 70, r. 1)In this Order the Act of 1975 means the Evidence (Proceedings in Other Jurisdictions) Act 1975 as extended to the Turks and Caicos Islands by S. I. 1987, No. 1266, and expressions used in this Order which are used in that Act shall have the same meaning as in that Act.2.Application for order (O. 70, r. 2)(1)Subject to paragraph (3) and rule 3 an application for an order under the Act of 1975 must be made ex parte and must be supported by affidavit.(2)There shall be exhibited to the affidavit the request in pursuance of which the application is made, and if the request is not in the English language, a translation thereof in that language.3.Application by Attorney General in certain cases (O. 70, r. 3)Where a request(a)is received by the Governor and sent by him to the Registrar with an intimation that effect should be given to the request without requiring an application for that purpose to be made by the agent in the Turks and Caicos Islands of any party to the matter pending or contemplated before the foreign court or tribunal, or(b)is received by the Registrar in pursuance of a Civil Procedure Convention providing for the taking of the evidence of any person in the Turks and Caicos Islands for the assistance of a court or tribunal in the foreign country, and no person is named in the document as the person who will make the necessary application on behalf of such party.the registrar shall send the document to the Attorney General and the Attorney General may make an application for an order under the Act of 1975, and take such other steps as may be necessary to give effect to the request.4.Person to take and manner of taking examination (O. 70, r. 4)(1)Any order made in pursuance of this Order for the examination of a witness may order the examination to be taken before any fit and proper person nominated by the person applying for the order or before an examiner of the court or before such other qualified person as to the Court seems fit.(2)Subject to rule 6 and to any special directions contained in any order made in pursuance of this Order for the examination of any witness, the examination shall be taken in manner provided by Order 39, rules 5 to 10 and 11 (1) to (3) and an order may be made under Order 39, rule 14, for payment of the fees and expenses due to the examiner, and those rules shall apply accordingly with any necessary modifications.(3)If the examination is directed to be taken before an the examiner of the court, Order 39, rules 17,18 and 19, shall apply on relation to the examination.5.Dealing with deposition (O. 70, r. 5)Unless any order made in pursuance of this Order for the examination of any witness otherwise directs, the examiner before whom the examination was taken must send the deposition of that witness to the Registrar, and the Registrar shall—(a)give a certificate sealed with the seal of the Supreme Court identifying the documents annexed thereto, that is to say the request, the order of the court for examination and the deposition taken in pursuance of the order, and(b)send the certificate with the documents annexed thereto to the Governor, or, where the request was sent to the Registrar by some other person in accordance with a Civil Procedure Convention to that other person, for transmission to the court or tribunal out of the jurisdiction requesting the examination.6.Claim to privilege (O. 70, r. 6)(1)The provisions of this rule shall have effect where a claim by a witness to be exempt from giving any evidence on the ground specified in section 3(1)(b) of the Act of 1975 is not supported or conceded as mentioned in subsection (2) of that section.(2)The examiner may, if the thinks fit, require the witness to give the evidence to which the claim relates and, if the examiner does not do so the Court may do so, on the ex parte application of the person who obtained the order under section 2.(3)If such evidence is taken—(a)it must be contained in a document separate from the remainder of the deposition of the witness;(b)the examiner shall send to the Registrar with the deposition a statement signed by the examiner setting out the claim and the ground which it was made;(c)on receipt of the statement the Registrar shall, notwithstanding anything in rule 5, retain the document containing the part of the witness's evidence to which the claim relates and shall send the statement and a request to determine the claim to the foreign court or tribunal with the documents mentioned in rule 5;(d)if the claim is rejected by the foreign court or tribunal, the Registrar shall send to that court or tribunal the document containing that part of the witness's evidence to which the claim relates, but if the claim is upheld he shall send the document to the witness, and shall in either case notify the witness and the person who obtained the order under section 2 of the court or tribunal's determination.Order 73 – Arbitration proceedings
1.Application (O. 73, r. 1)This Order applies to applications under the Arbitration Ordinance, Parts I and III.2.Matters for a judge in court (O. 73, r. 2)(1)Every application to the court—(a)to remove an arbitrator, umpire or referee under section 16(1) of that Ordinance or(b)to set aside an award or report under section 16(2) thereof, or(c)to detennine, under section I 8 any question oflaw arising in the course of a reference,must be made by originating motion to a single judge in court.(2)An application for a declaration that an award made by an arbitrator or umpire is not binding on a party to the award on the ground that it was made without jurisdiction may be made by originating motion to a single judge in court, but the foregoing provision shall not be taken as affecting the judge's power to refuse to make such a declaration in proceedings begun by motion.3.Matters for judge in chambers (O. 73, r. 3)(1)Subject to the foregoing provisions of this Order the jurisdiction of the court or a judge thereof under the Arbitration Ordinance may be exercised by a judge in chambers.(2)An application under section 6(2) shall be made by originating summons.(3)No appearance need be entered to an originating summons by which an application under the said section is made.4.Special provisions as to application to remit or set aside an award (O. 73, r. 4)(1)An application to the court to set aside an award under section 16(2) of the Ordinance or otherwise must be made within six weeks after the award has been made and published to the parties.(2)1n the case of every such application, the notice of motion must state in general terms the grounds of the application, and, where the motion is founded on evidence by affidavit, a copy of every affidavit intended to be used must be served with that notice.5.Service out of the jurisdiction of summons, notice, etc. (O. 73, r. 5)(1)Service out of the jurisdiction—(a)of an originating summons for the appointment of an arbitrator or umpire or to set aside an appointment or for leave to enforce an award, or(b)of notice of an originating motion to remove an arbitrator or umpire or set aside an award, or(c)of any order made on such a summons or motion as aforesaid, is permissible with the leave of the court provided that the arbitration to which the summons, motion or order relates is to be, or has been held within the jurisdiction.(2)An application for the grant of leave under this ruJe must be supported by an affidavit stating the grounds on which the application is made and showing in what place or country the person to be served is, or probably may be found, and no such leave shall be granted unless it shall be made sufficiently to appear to the court that the case is a proper one for service out of the jurisdiction under this rule,(3)Order 11, rules 5, 6 and 8, shall apply in relation to any such summons, notice or order as is referred to in paragraph (1) as they apply in relation to notice of a writ.6.Registration in Supreme Court of foreign arbitration awards (O. 73, r. 6)Where an award is made in proceedings on an arbitration in any country to which the Overseas Judgments (Reciprocal Enforcement) Ordinance extends, being a country to which the said Ordinance has been applied, then, if the award has, in pursuance of the law in force in the place where it is made, become enforceable in the same manner as a judgment given by a court in that place, the Overseas Judgments (Reciprocal Enforcement) Rules shall apply in relation to that award as they apply in relation to a judgment given by a court in that place, subject, however, to the following modifications—(a)for references to the country of the original court there shall be substituted references to the place where the award was made, and(b)the affidavit required by rule 5 of the said Rules must state (in addition to the other matters required by that rule) that to the best of the information or belief of the deponent the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place.Order 76 – Contentious probate proceedings
1.Application and interpretation (O. 76,r.1)(1)This Order applies to probate causes and matters, and the other provisions of these ruJes apply to those causes and matters including applications for the rectification of a will subject to the provisions of this Order.2.In these rules "probate action" means an action for the grant of probate of the will, or letters of administration of the estate, of a deceased person or for the revocation of such a grant or for a decree pronouncing for or against the validity of an alleged will, not being an action which is non-contentious or common form probate business.(3)In this Order, "will" includes a codicil.2.Requirements in connection with issue of writ (O. 76, r. 2)(1)A probate action must by begun by writ.(2)Before a writ beginning a probate action is issued it must be indorsed with a statement of the nature of the interest of the plaintiff and of the defendant in the estate of the deceased to which the action relates.3.Parties to action for revocation of grant (O. 76, r. 3)Every person who is entitled or claims to be entitled to administer the estate of a deceased person under or by a virtue of an unrevoked grant of probate of his will or letters of administration of his estate shall be made party to any action for revocation of the grant.4.Lodgment of grant in action for revocation (O. 76, r. 4)(1)Where, at the commencement of an action for the revocation of a grant of probate of the will or letters of administration of the estate of a deceased person, the probate or letters of administration as the case may be have not been lodged in court, then—(a)if the action is commenced by a person to whom the grant was made, he shall lodge the probate or letters of administration in the Registry within seven days after the issue of the writ;(b)if any defendant to the action has the probate or letters of administration in his possession or under this control, he shall lodge it or them in the Registry within 14 days after the service of the writ upon him.(2)Any person who fails to comply with paragraph (1) may, on the application of any party to the action be ordered by the Court to lodge the probate or letters of administration in the Registry within a specified time, and any person against whom such an order is made shall not be entitled to take any step in the action without the leave of the Court until be has complied with the order.5.Affidavit of testamentary scripts (O. 76, r. 5)(1)Unless the Court otherwise directs, the plaintiff and every defendant who has acknowledged service of the writ in a probate action must swear an affidavit—(a)describing any testamentary script of the deceased person, whose estate is the subject of the action, of which he has any knowledge or, if such be the case, stating that he knows of no such script, and(b)if any such script of which he has knowledge is not possession in his possession or under his control, giving the name and address of the person in whose possession or under whose control it is or is, if such be the case, stating that he does not know the name or address of that person.(2)Any affidavit required by this rule must be filed, and any testamentary script referred to therein which is in the possession or under the control of the deponent must be lodged in the Registry within 14 days after the acknowledgment of service by a defendant to the action or, if no defendant acknowledges service and the Court does not otherwise direct, before an order is made for the trial of the action.(3)Where any testamentary script required by this rule to be lodged in the Registry or any part thereof is written in pencil, then, unless the Court otherwise directs, a facsimile copy of that script, or of the page or pages thereof containing the part written in pencil, must also be lodged in the Registry and the words which appear in pencil in the original must be underlined in red ink in the copy.(4)Except with the leave of the Court, a party to a probate action shall not be allowed to inspect an affidavit filed, or any testamentary script lodged by any party to the action under this rule, unless and until an affidavit sworn by him containing the information referred to in paragraph (1) has been filed.(5)In the rule "testamentary script" means a will or draft thereof, written instructions for a will made by or at the request or under the instructions of the testator and any document purporting to be evidence of the contents, or to be a copy, of a will which is alleged to have been lost or destroyed.6.Failure to acknowledge service (O. 76, r. 6)(1)Order 13 shall not apply in relation to a probate action.(2)Where any of several defendants to probate action fails to acknowledge service of the writ, the plaintiff may, after the time for acknowledging service has expired and upon filing an affidavit proving due service of the writ on that defendant proceed with the action as if that defendant had acknowledged service.(3)Where the defendant, or all the defendants, to a probate action, fails or fail to acknowledge service of the writ, then, unless on the application of the plaintiff the Court orders the action to be discontinued, the plaintiff may after the time limited for acknowledging service by the defendant apply to the Court for an order for trial of the action.(4)Before applying for an order under paragraph (3) the plaintiff must file an affidavit proving due service of the writ on the defendant and, if no statement claim is indorsed on the writ, he must lodge a statement of claim in the Registry.(5)Where the Court grants an order under paragraph (3), it may direct the action to be tried on affidavit evidence.7.Service of statement of claim (O. 76, r. 7)The plaintiff in a probate action must, unless the Court gives leave to the contrary or unless a statement of claim is indorsed on the writ, serve a statement of claim on every defendant who acknowledges service of the writ in the action and must do so before the expiration of six weeks after acknowledgment of service by that defendant or of eight days after the filing by that defendant of an affidavit under rule 5, whichever is the later.8.Counterclaim (O. 76, r. 8)(1)Notwithstanding anything Order 15, rule 2(1), a defendant to a probate action who alleges that he has any claim or is entitled to any relief or remedy in respect of any matter relating to the grant of probate of the will, or letters of administration of the estate, of the deceased person which the subject of the action must add to his defence a counterclaim in respect of that matter.(2)If the plaintiff fails to serve a statement of claim, any such defendant may, with the leave of the Court, serve a counterclaim and the action shall then proceed as if the counterclaim were the statement of claim.9.Contents of pleadings (O. 76, r. 9)(1)Where the plaintiff in a probate action disputes the interest of a defendant he must allege in his statement of claim that he denies the interest of that defendant.(2)In a probate action in which the interest by virtue of which a party claims to be entitled to a grant of letters of administration is disputed, the party disputing that interest must show in his pleading that if the allegations made herein are proved he would be entitled to an interest in the estate.(3)Without prejudice to Order 18, rule 7, any party who pleads that at the time when a will, the subject of the action, was alleged to have been executed the testator did not know and approve of its contents must specify the nature of the case on which he intends to rely, and no allegation in support of that plea which would be relevant in support of any of the following other pleas, that is to say:—(a)that the will was not duly executed,(b)that at the time of the execution of the will the testator was not of sound mind, memory and understanding, and(c)that the execution of the will was obtained by undue influence or fraud, shall be made by that party unless that other plea is also pleaded.10.Default of pleadings (O. 76, r. 10)(1)Order 19 shall not apply in relation to a probate action.(2)Where any party to a probate action fails to serve on anyother party a pleading which he is required by these rules to serve on that other party, then, unless the Court orders the action to be discontinued or dismissed, that other party may, after the expiration of the period fixed by or under these rules for service of the pleading in question, apply to the Court for an order for trial of the action; and if an order is made the Court may direct the action to be tried on affidavit evidence.11.Discontinuance and dismissal (O. 76, r. 11)(1)Order 21 shall not apply in relation to a probate action.(2)At any stage of the proceedings in a probate action the Court may, on the application of the plaintiff or any party to the action who has acknowledged service of the writ therein, order the action to be discontinued or dismissed on such terms as to costs or otherwise as it thinks just, and may further order that a grant of probate of the will, or letters of administration of the estate, of the deceased person, as the case may be, which is the subject of the action, be made to the person entitled thereto.(3)An application for an order under this rule may be made by motion or summons or by notice under Order 25, rule 7.12.Compromise of action: Trail of affidavit evidence (O. 76, r. 12)Where, whether before or after the service of the defence in a probation action, the parties to the action agree to a compromise, the Court may order the trial of the action on affidavit evidence.15.Probate counterclaim in other proceedings (O. 76, r. 15)(1)In this rule "probate counterclaim" means any counterclaim in any action other than a probate action by which the defendant claims any such relief as is mentioned in rule 1(2).(2)This Order shall apply with the necessary modifications to a probate counterclaim as it applies to a probate action.(3)A probate counterclaim must contain a statement of the nature of the interest of the defendant and of the plaintiff in the estate of the deceased to which the counterclaim relates.16.Rectification of wills (O. 76, r. 16)(1)Where an application is made for the rectification of a will, and the grant has not been lodged in court, rule 4 shall apply, with the necessary modifications, as if the proceedings were a probate action.(2)A copy or memorandum of every order for the rectification of a will shall be endorsed on, or permanently annexed to, the grant under which the estate is administered.Order 77 – Proceedings by and against crown
1.Application and interpretation (O. 77, r.1)(1)These rules apply to civil proceedings to which the Crown is a party subject to the following rules of this Order.(2)In this order—"civil proceedings by Crown", "civil proceeding against the Crown" and "civil proceeding by or against the crown" have the same respective meanings as in Part III of the Crown Proceedings Ordinance, and do not include any of the proceedings specified in section 19(3) of that Ordinance;"civil proceedings to which the Crown is a party" has the same meaning as it has for the purpose of Part V of the Crown Proceedings Ordinance, by virtue of section 2(3) of that Ordinance;"order against the Crown" means any order (including an order for costs) made in any civil proceedings by or against the Crown or in connection with any arbitration to which the Crown is a party, in favor of any person against the Crown or against the government department or against an officer of the Crown as such;"order" includes a judgment, decree, rule, award declaration.3.Particulars to be included in indorsement of claim (O. 77, r. 3)(1)In the case of a writ which begins civil proceedings against the Crown the indorsement of claim required by Order 6, rule 2, shall include a statement of the circumstances in which the Crown's liability is alleged to have arisen and as to the government department and officers of the Crown concerned.(2)If in civil proceedings against the Crown a defendant considers that the writ does not contain a sufficient statement as required by this rule, he may before the expiration of the time limited for acknowledging service of the writ, apply to the plaintiff by notice for further and better statement containing such information as may be specified in the notice.(3)Where a defendant gives a notice under this rule, the time limited for acknowledging service of the writ shall not expire until four days after the defendant has notified the plaintiff in writing that the defendant is satisfied with the statement supplied in compliance with the notice or four days after the court has, on the application of the plaintiff by summons served on the defendant not less than seven days before the return day, decided that no further information as to the matter referred to in paragraph (1) is reasonably required.4.Service on the crown (O. 77, r. 4)(1)Order 10, Order 11 and any other provision of these rules relating to service out of the jurisdiction shall oot apply in relation to the service of any process by which civil proceedings against the Crown or begun.(2)Personal service of any document required to be served on the Crown for the purpose of or in connection with any civil proceedings is not requisite but where the proceedings are by or against the crown, service on the crown must be effected by leaving the document at the office of the Attorney General with a member of his staff.(3)1n relation to the service of any document required to be served on the Crown for the purpose of or in connection with any civil proceedings by or against the Crown, Order 65, rules 5 and 9, shall not apply, and Order 65, rule 7, shall apply as if the reference therein to rules 2 and 5(1)(a) of that Order were a reference to paragraph (2)(a) of this rule.6.Counterclaim and set-off (O. 77, r. 6)(1)Notwithstanding Order 15, rule 2, and Order 18, rules 17 and 18, a person may not in any proceedings by the Crown make any counterclaim or plead a set-off if the proceedings are for the recovery of, or the counterclaim or set-off arises out of a right or claim to repayment in respect of, any taxes duties or penalties.(2)Notwithstanding Order 15, rule 2, and Order 18, rules 17 and 18, no counterclaim may be made, or set-off pleaded, without the leave of the Court by the Crown in proceedings against the Crown, or by any person in proceedings by the Crown if the Crown is sued or sues in respect of a Government department and the subject-matter of the counterclaim or set-off does not relate to that department.(3)Any application for leave under this rule must be made by summons.7.Summary judgment (O. 77, r.)(1)No application shall be made against the crown—(a)under Order 14, rule 1, or Order 86, rule 1, in any proceedings against the Crown,(b)under Order 14, rule 5, in any proceedings by the Crown, or(c)under Order 14A, rule 1 in any proceedings by or against the Crown.(2)Where an application is made by the Crown under Order 14, rule 1, Order 14, rule 5, or Order 86, rule 1, the affidavit required in support of the application must be made by—(a)the Attorney General, or(b)an officer duly authorized by the Attorney General or by the department concernedand the affidavit shall be sufficient if it states that in the deponent's belief the applicant is entitled to the relief claimed and there is no defence to the claim or part of a claim to which the application relates or no defence except as to the amount of any damages claimed.9.Judgment in default (O. 77, r. 9)(1)Except with the leave of the Court, no judgment in default of notice of intention to defend or of pleading shall be entered against the Crown in civiI proceedings against the crown or in third party proceedings against the crown.(2)Except with the leave of the Court, Order 16, rule 5(1)(a) shall not apply in the case of third party proceedings against the Crown.(3)An application for leave under this rule may be made by summons and the summons must be served not less than seven days before the return day.10.Third party notices (O. 77, r. 10)(1)Notwithstanding anything in Order 16, a third party notice (including a notice issuable by virtue of Order I6, rule 9) for service on the crown shall not be issued without the leave of the Court, and the application for the grant of such leave must be made by summons, and the summons must be served on the plaintiff and the Crown.(2)Leave to issue such a notice for service on the Crown shall not granted unless the Court is satisfied that the Crown is in possession of all such information as it reasonably requires as to the circumstances in which it is alleged that the liability of the crown has arisen and as to the departments and officers of the Crown concerned.11.Interpleader: Application for order against Crown (O. 77, r. 11)No order shall be made against the Crown under Order 17, rule 5(3) except upon an application by summons served not less than 7 days before the return day.12.Discover and interrogatiories (O. 77, r. 12)(1)Order 24, rules l and 2, shall not apply in civil proceedings to which the Crown is a party.(2)In any civil proceedings to which the crown is a party any order of the Court made under the powers conferred by section 24(1) of the Crown Proceedings Ordinance, shall be construed as not requiring the disclosure of the existence of any document the existence of which it would, in the opinion of a Minister of the Crown, be injurious to the public interest to disclose.(3)Where in any such proceedings an order of the Court directs that a list of documents made in answer to an order for discovery against the Crown shall be verified by affidavit, the affidavit shall be made by such officer of the Crown as the Court may direct.(4)Where in any such proceedings and order is made under the said section 24 for interrogatories to be answered by the Crown, the Court shall direct by what officer of the Crown the interrogatories are to be answered.14.Evidence (O. 77, r. 14)(1)Civil proceedings against the crown may be instituted under Order 39, rule 15, in any case in which the Crown is alleged to have an interest or estate in the honour, title, dignity or office or property in question.(2)Any powers exercisable by the Court in regard to the taking of evidence are exercisable in proceedings by or against the Crown as they are exercisable in proceedings between subjects.15.Executio and satisfaction of orders (O. 77, r. 15)(1)Nothing in Orders 45 to 52 shall apply in respect of any order against the Crown.(2)An application under the proviso to subsection (1) of section 21 of the Crown Proceedings Ordinance for a direction that a separate certificate shall be issued under that subsection with respect to the costs (if any) ordered to be paid to the applicant may be made to the Court ex pane without summons.(3)Any such certificate must be in Form No. 95 or 96 in Appendix A, whichever is appropriate.16.Attachment of debts, etc. (O. 77, r. 16)(1)No order—(a)for the attachment of debts under Order 49, or(b)for the appointment of a sequestrator under Order 45, or(c)for the appointment of receiver under Order 30 or 51,shall be made or have effect in respect of any money due or accruing due, or alleged to be due or accruing due, from the Crown.(1A)No application shall be made under paragraph (2) unless the order of the Court to be enforced is for a sum of money amounting in value to at least $100.(2)Every application to the Court for an order under section 23(1) of the Crown Proceedings Ordinance restraining any person from receiving money payable to him by the Crown and directing payment of the money to the applicant or some other person must be made by summons and, unless the Court otherwise directs, served—(a)on the Crown at least 15 days before the return day, and(b)on the person to be restrained or his attorney at least seven days after the summons has been served on the Crown and at least seven days before the return day.(2A)An application under paragraph (2) must be supported by an affidavit—(a)setting out the facts giving rise to-the application;(b)stating the name and last known address of the person to be restrained;(c)identifying the order to be enforced and stating the amount of such order and the amount remaining unpaid under it at the time of the application, and(d)identifying the particular debt from the Crown in respect of which the application is made.(3)Order 49, rules 5 and 6, shall apply relation to such an application as is mentioned in paragraph(2) for an order restraining a person from receiving money payable to him by the Crown as those rules apply to an application under Order 49, rule 1, for an order for the attachment of a debt owing to any person from a garnishee, except that the Court shall not have power to order execution to issue against the Crown.17.Proceeding relating to psotal packets (O. 77, r. 17)(1)An application by any person under section 7(9) of the Crown Proceedings Ordinance, for leave to bring proceedings in the name of the sender or addressee of a postal packet or his personal representatives must be made by originating summons.(2)The Crown and the person in whose name the applicant seeks to bring proceedings must be made defendants to a summons under this rule.(3)A summons under this rule shall be in Form No. 10 in Appendix A.18.Applications under section 25(2) of Crown Proceedings Ordinance (O. 77, r. 18)(2)An application such as is referred to in section 25(2) of the Crown Proceedings Ordinance may be made to the court at any time before trail by motion or summons, or may be made at the trail of the proceedings.Order 79 – Bail in criminal proceedings
9.Bail (O. 79, r. 9)(1)Subject to the provisions of this rule, every application to the Chief Justice in respect of bail in any criminal proceeding made pursuant to Section I 02 of the Magistrate's Court Orrunance—(a)where the defendant is in custody, must be made by summons in chambers to show cause why the defendant should not be granted bail(b)where the defendant has been admitted to bail, must be made by summons in chambers to show cause why the variation in the a1i-angements for bail proposed by the applicant should not be made.(2)Subject to paragraph (5), the summons must, at least 24 hours before the day named therein for the bearing, be served on the prosecutor and on the Attorney General. if the prosecution is being carried on by him, and Order 32, rule 5, sha11 apply in relation to the summons.(3)Subject to paragraph (5), every application must be supported by affidavit.(4)Where a defendant in custody who desires to apply for bail is unable through lack of means to instruct an attorney, he may give notice in writing to the Chief Justice in chambers stating his desire to apply for bail.(5)Where notice is given under paragraph (4) the Chief Justice may, if he thinks fits, dispense with the requirements of paragraphs (I) to (3) and deal with the application in a summary manner, or give such directions for its conduct as he sees fit.(6)Where the Chief Justice grants the defendant bail, a copy of the order shall be transmitted forthwith to the Magistrate's Court.(6B)Where the Chief Justice imposes a requirement to be complied with before a person·s release on bail, he may give directions as to the manner in which and the person or person's before whom the requirement may be complied with.(10)A copy of an order by the Chief Justice varying the arrangements under which the defendant has been granted bail shall be transmitted forthwith to the Magistrate's Court.(11)Where in pursuance of an order of the Chief Justice a person is released in bail in any criminal proceeding pending the determination of an appeal to the Supreme Court or Court of Appeal or an application, or an order of certiorari, then, upon the abandonment of the appeal or Magistrate or Justice of the Peace may issue process for enforcing the decision in respect of which such appeal or application was brought or, as the case may be, the decision of the Supreme Court or Court of Appeal.(14)In the case of a person whose return is sought under the Fugitive Offenders Act 1967 as extended to the Turks and Caicos Islands by S.I. 1968, No 185, this rule shall apply as if references to the defendant were references to that person and references to the prosecutor were references to the state seeking the return or surrender of that person.Order 80 – Disability
1.Interpretation (O. 80, r. 1)In this order—"the Act" means Part YIU of the Mental Health Act 1959, as applied by the Mental Health (Protection of Property) Ordinance;"patient" means a person who, by reason of mental disorder within the meaning of the Act, is incapable of managing and administering his property and affairs;"person under disability" means a person who is an infant or a patient.2.Person under disability must sue, etc., by next friend or guardian ad litem (O. 80, r. 2)(1)A person under disability may not bring, or make a claim, in proceedings except by his next friend and may not acknowledge service, defend, make a counterclaim or intervene in any proceedings, or appear in any proceedings under a judgment or order notice of which has been served on him, except by his guardian ad litem.(2)Subject to the provisions of these rules, anything which in the ordinary conduct of any proceedings is required or authorized by a provision of these rules to be done by a party to the proceedings shall or may, if the party is a person under disability, be done by his next friend or guardian ad litem.(3)A next friend or guardian ad litem of a person under disability must act by an attorney, unless he first obtains the leave of the Court to act in person.Such leave will only be given upon the next friend or guardian ad litem satisfying the Court that he does not have the means to afford to instruct an attorney.3.Appointment of next friend or guardian ad litem (O. 80, r. 3)(2)Except as provided by paragraph (4) or (5) or by rule 6, an order appointing a person next friend or guardian ad litem of a person under disability is not necessary.(3)Where a person is authorized under Part VIII of the Act to conduct legal proceedings in the name of patient or on his behalf, that person shall be entitled to be next friend or guardian ad litem, as the case may be, of the patient in any proceedings to which his authority extends unless, in a case to which paragraph (4) or (6) or rule 6 applies, some other person is appointed by the Court under that paragraph or rule to be next friend or guardian ad litem, as the case may be, of the patient in those proceedings.(4)Where a person has been or is next friena or guardian ad litem of a person under disability in any proceedings, no other person shall be entitled to act as such a friend or guardian, as the case may be, of the person under disability in those proceedings unless the Court makes an order appointing him such friend or guardian in substitution for the person previously acting in that capacity.(5)Where, after any proceedings have been begun, a party to the proceedings becomes a patient, an application must be made to the Court for the appointment of a person to be next friend or guardian ad litem, as the case may be, of that party.(6)Except where the next friend or guardian ad litem, as the case may be, of a person under disability has been appointed by the Court—(a)the name of any person shall not be used in a cause or matter as next friend of a person under disability,(b)service shall not be acknowledged in a cause or matter for a person under disability, and(c)a person who is under disability shall not entitled to appear by his guardian ad litem on the hearing of petition, summons or motion which, or notice of which, has been served on him, unless and until the documents listed in paragraph (8) have been filed in the Registry.(8)The documents referred to in paragraph (6) are the following—(a)a written consent to be next friend or guardian ad litem, as the case may be, of the person under disability in the cause or matter in question given by the person proposing to be such friend or guardian;(b)where the person proposing to be such friend or guardian of the person under disability, being patient, is authorized under Part Vlll of the Act to conduct the proceedings in the cause or matter in question in the name of the patient or on his behalf, a certified copy of the order or other authorisation made or given under the said Part vmby virtue of which he is so authorized; and(c)except where the person proposing to be such friend or guardian of the person under disability, being a patient, is authorized as mentioned in subparagraph (b), and subject to paragraph 9, a certificate made by the attorney for the person under disability certifying—(i)that be knows or believes, as the case may be, that the person to wbom the certificate relates is an infant or a patient, giving (in the case of a patient) the grounds of his knowledge or belief; and(ii)where the person under disability is a patient, that there is no person authorized as aforesaid; and(iii)that the person so named has no interest in the cause or matter in question adverse to that person under disability.(9)When the next friend or guardian ad litem is acting in person pursuant to leave given under paragraph 3 of rule 2, he shall file an affidavit deposing to the matters set out in paragraph 8(c), instead of the certificate required by that sub-paragraph.6.Appointment of guardian where person under disability does not acknowledge service (O. 80, r. 6)(1)Where—(a)in an action against a person under disability begun by writ, or by originating summons no acknowledgment of service is given in the action for that person, or(b)the defendant to an action serves a defence and counterclaim on a person under disability who is not already a party to the action, and no acknowledgment of service is given for that person,an application for the appointment by the court of a guardian ad litem of that person must be made by the plaintiff or defendant, as the case may be, after the time limited (as respects that person) for acknowledging service and before proceedings further with the action or counterclaim.(2)Where a party to an action has served on a person under disability who is not already a party to the action a third party notice within the meaning of Order 16 and no acknowledgment of service is given for that person to the notice, an application for the appointment by the Court of a guardian ad litem of that person must be made by that party after the time limited (as respects that person) for acknowledging service and before proceedings further with the third party proceedings.(3)Where in any proceedings against a person under disability begun by petition or originating motion, that person does not appear by a guardian ad litem at the hearing of the petition or motion, as the case may be, the Court hearing it may appoint a guardian ad litem of that person in the proceedings or direct that an application be made by the petitioner or applicant, as the case may be, for the appointment of such a guardian.(4)At any stage in proceedings to which Order 44 applies, notice of which has been served on a person under disability, the Court may, if no acknowledgment of service is given for that person, appoint a guardian ad litem of that person in the proceedings or direct that an application be made for the appointment of such a guardian.(5)An application under paragraph (]) or (2) must be supported by evidence proving—(a)that the person to whom the application relates is a person under disability,(b)that the person proposed as guardian ad litem is willing and a proper person to act as such and has no interest in the proceedings adverse to that of that person under disability;(c)that he writ, originating summons, defence and counterclaim or third party notice, as the case may be, was duly served on the person under disability, and(d)subject to paragraph (6) that notice of the application was, after the expiration of the time limited for acknowledging service and at least 7 days before the day named in the notice for hearing of the application, so served on him.(6)If the Court so directs, notice of an application under paragraph (1) or (2) need not be served on a person under disability.(7)An application for the appointment of a guardian ad litem made in compliance with a direction of the Court given under paragraph (3) or (4) must be supported by evidence proving the matters referred to in paragraph (5)(b).7.Application to discharge or vary certain orders (O. 80, r. 7)An application to the Court on behalf of a person under disability served with an order made ex parte under Order 15, rule 7. For the discharge or variation of the order must be made—(a)if a next friend or guardian ad litem is acting for that person in the cause or matter in which the order is made, within 14 days after the service of the order on that person;(b)if there is no next friend or guardian ad litem acting for that person in the cause or matter, within 14 days after the appointment of such a friend or guardian to act for him.8.Admission not to be implied from pleadings of person under disability (O. 80, r. 8)Notwithstanding anything in Order 18, rule 13(1) a person under disability shall not be taken to admit the truth of any allegation of fact made in the pleading of the apposite party by reason only that he has not traversed it in his pleadings.9.Discover and interrogatories (O. 80, r. 9)Orders 24 and 26 shall apply to a person under disability and to his next friend or guardian ad litem.10.Compromise, etc, by person under disability (O. 80, r. 10)Where in any proceedings money is claimed by or on behalf of a person under disability, no settlement, compromise or payment and no acceptance of money paid into court, whenever entered into or made, shall so far as it relates to that person’s claim be valid without the approval of the Court.11.Approval of settlement (O. 80, r. 11)(1)Where, before proceedings in which a claim for money is made by or on behalf of a person under disability (whether alone or in conjunction with any other person) are begun, an agreement is reached for the settlement of the claim, and it is desired to obtain the Court’s approval to the settlement, then notwithstanding anything in Order 5, rule 2, the claim may be made in proceedings begun by originating summons and in the summons as application may also be made for—(a)the approval of the Court to the settlement and such orders or directions as may be necessary to give effect to it or as may be necessary or expedient under rule 12, or(b)alternatively, directions as to the further prosecution of the claim.(4)An originating summons under this rule shall be in Form No. 10 in Appendix A.(5)In this rule "settlement" includes a compromise.12.Control of money recovered by person under disability (O. 80, r. 12)(1)Where in any proceedings—(a)money is recovered by or on behalf of, or adjudged or ordered or agreed to be paid to, or for the benefit of, a person under disability.(b)money paid into court is accepted by or on behalf of a plaintiff who is a person under disability.the money shall be dealt with in accordance with directions given by the Court under this rule and not otherwise.(2)Directions given under this rule may provide that the money shall, as to the whole or any part thereof, be paid into the Supreme Court and invested or otherwise dealt with there.(3)Without prejudice to the foregoing provision of this rule, directions given under this rule may include any general or special directions that the Court thinks fit to give and, in particular, directions as to how the money is to be applied or dealt with and as to any payment to be made, either directly or out of the amount paid into court to the plaintiff, or to the next friend in respect of moneys paid or expenses incurred for or on behalf or for the benefit of the person under disability or for his maintenance or otherwise for his benefit or to the plaintiff’s attorney in respect of costs.(4)Where in pursuance of directions given under this rule money is paid into the Supreme Court to be invested or otherwise dealt with there, the money (including any interest thereon) shall not be paid out, nor shall any securities in which the money is invested, or the dividends thereon, be sold, transferred or paid out of the court, except in accordance with an order of the Court.(5)The forgoing provision of this rule shall apply in relation to a counterclaim by or on behalf of a person under disability, as if for references to a plaintiff and a next friend there were substituted references to a defendant and to a guardian ad litem respectively.15.Proceedings under Fatal Accidents Act: Apportonment by court (O. 80, r. 15)Where a single sum of money is paid into court under Order 22, rule 1, in satisfaction of a causes of action arising under the Fatal Accidents Ordinance and that sum is accepted, the money shall be apportioned by the Court between the different parties for whom and for whose benefit the action is brought, either when giving directions for dealing with it under rule 12 (if that rule applies) or when authorising its payment out of court.16.Service of certain documents on person under disablity (O. 80, r. 16)(1)Where in any proceedings a document is required to be served or in accordance with Order 10, rule 1(2) on any person and that person is a person under disability this rule shall apply.(2)Subject to the following provisions of this rule and to Order 24, rule 16(3) and Order 26, rule 6(3) the document must be served—(a)in the case of an infant who is not also patient, on his parent or guardian or, if he has no parent or guardian, on the person with whom he resides or in whose care he is:(b)in the case of a patient, on the person (if any) who is authorised under Part proceedings in connection with which the document is to be served or, if there is no person so authorised, on the person with whom he resides or in whose care he is;and must be served in the manner required by these rules with respect to the document in question.(3)Notwithstanding anything in paragraph (2) the Court may order that a document which has been, or is to be, served on the person under disability or on a person other than a person mentioned in that paragraph shall be deemed to be duly served on the person under disability.(4)A judgment or order requiring a person to do, or refrain from doing, any act, a notice of motion or summons for the committal of any person, and a Writ of subpoena against any person, must, if that person is a person under disability, be served personally on him unless the Court otherwise orders.This paragraph shall not apply to an order for interrogatories or for discovery or inspection of documents.Order 81 – Partners
1.Actions by and against firms within jurisdiction (O. 81, r. 1)Subject to the provisions of any enactment, any two or more persons claiming to be entitled, or alleged to be liable, as partners in respect of a cause of action and carrying on business within the jurisdiction may sue, or be sued, in the name of the firm (if any) of which they were partners at the time when the cause of action accrued.2.Disclosure of partners' names (O. 81, r. 2)(1)Any defendant to an action brought by partners in the name of a firm may serve on the plaintiffs or their attorney a notice requiring them or him forthwith to furnish the defendant with a written statement of the names and places of residence of all the persons who were partners in the firm at the time when the cause of action accrued; and if the notice is not complied with the Court may order the plaintiffs or their attorney to furnish the defendant with such a statement and to verify it on oath or otherwise as may be specified in the order, or may order that further proceedings in the action be stayed on such terms as the Court may direct.(2)When the name of the partners have been declared in compliance with a notice or order given or made under paragraph (1) the proceedings shall continue in the name of the firm but with the same consequences as would have ensued if the persons whose names have been so declared had been named as plaintiffs in the writ.(3)Paragraph (I) shall have effect in relation to an action brought against partners in the name of a firm as it has effect in relation to an action brought by partners in the name of a firm but with the substitution, for references to the defendant and the plaintiffs, of references to the plaintiff and the defendants respectively, and with the omission of the words, "or may order" to the end.3.Service of writ (O. 81, r. 3)(1)Where by virtue of rule 1 partners are sued in the name of a firm, the writ may, except in the case mentioned in paragraph (3) be served—(a)on any one or more of the partners, or(b)at the principal place if business of the partnership within the jurisdiction, on any person having at the time of service the control or management of the partnership business there,(3)Where a partnership has, to the knowledg ofthe plaintiff, been dissolved before an action against the firm is begun, the writ by which the action is begun must be served on every person within the jurisdiction sought to be made liable in the action.(4)Every person on whom a writ is served under paragraph (l)(a) or (b) must at the time of service be given a written notice stating whether he is served as a partner or as a person having the control or management of the partnership business or both as a partner and as such a person; and any person on whom a writ is so served but to whom no such notice is given shall be deemed to be served as a partner.4.Acknowledgment of service in an action against firm (O. 81, r. 4)(1)Where persons are sued as partners in the name of their finn, service may not be acknowledged in the name of the firm but only by the partners thereof in their own names, but the action shall nevertheless continue in the name of the firm.(2)Where in an action against a finn the writ by which the action is begun is served on a person as a partner, that person, if he denies that he was a partner or liable as such at any material time, may acknowledge service of U1e writ and state in his acknowledgment that he does so as a person served as a partner in the defendant firm but who denies that he was a partner at any material time.An acknowledgment of service given in accordance with this paragraph shall, unless and until it is set aside, be treated as an acknowledgment by the defendant firm.(3)Where an acknowledgment of service has been given by a defendant in accordance with paragraph (2) then—(a)the plaintiff may either apply to the Court to set it aside on the ground that the defendant was a partner or liable as such at a material time or may leave that question to be determined at a later stage of the proceedings;(b)the defendant may either apply to the Court to set aside the service of the writ on him on the ground that he was not a partner or liable as such at a material time or may at the proper time serve a defence on the plaintiff denying in respect of the plaintiff's claim either liability as a partner or the liability of the defendant firm or both.(4)The Court may at any stage of the proceedings in an action in which a defendant has acknowledged service in accordance with paragraph (2) on the application of the plaintiff or of that defendant, order that any question as to the liability of that defendant or as to the liability of the defendant firm be tried in such manner and at such time as the Court directs.(5)Where in an action against a firm the writ by which the action is begun is served on a person as a person having the control or management of the partnership business, that person may not acknowledge service of the writ unless be is a member of the firm sued.5.Enforcing judgment or order agaisnt firm (O. 81, r. 5)(1)Where a judgment is given or order made against a firm, execution to enforce the judgment or order may, subject to rule 6, issue against any property of the finn within the jurisdiction.(2)Where a judgment is given or order made against a firm, execution to enforce the judgment or order may, subject to rule 6 and to the next following paragraph, issue against any person who—(a)acknowledged service of the writ in tbe action as a partner, or(b)having been served as a pa11ner with the writ of summons, failed to acknowledge service of it in the action, or(c)admitted in his pleading that he is a partner, or(d)was adjudged to be a partner.(3)Execution to enforce a judgment or order given or made against a firm may not issue against a member of the firm who was out of the jurisdiction when the writ of summons was issued unless he—(a)acknowledged service of the writ in the action as a partner, or(b)was served within the jurisdiction with the writ as a partner, or(c)was, with the leave of the Court given under Order 11, served out of the jurisdiction with the writ, as a partner;and, except as provided by paragraph (1) and by the foregoing provisions if this paragraph, a judgment or order given or made against a firm shall not render liable, release or otherwise affect a member of the firm who was out of the jurisdiction when was issued.(4)Where a party who has obtained a judgment or order against a firm claims that a person is liable to satisfy the judgment or order as being a member of the firm, and the foregoing provisions of this rule do not apply in relation to that person, that party may apply to the Court for leave to issue execution against that person, the application to be made by summons which must be served personally on that person.(5)Where the person against whom an application under paragraph (4) is made does not dispute his liability, the Court bearing the application may, subject to paragraph (3) give leave to issue execution against that person, and, where that person disputes his liability, the Court may order that the liability of that person be tried and determined in any manner in which any issue or question in an action may be tried and determined.6.Enforcing judgment or order in actions between partners, etc. (O. 81, r. 6)(1)Execution to enforce a judgment or order given or made in—(a)an action by or against a firm in the name of the firm against or by a member of the firm, or(b)an action by a firm in the finn against a firm in the name of the firm where those firms have one or more members in common, shall not issue except with the leave of the Comt.(2)The Court hearing an application under this rule may give such directions, including directions as to the taking of accounts and the making if inquiries, as may be just.7.Attachment of debts owed by firm (O. 81, r. 7)(1)An order may be made under Order 49, rule 1, in relation to debts due or accruing due from a firm carrying in business within the jurisdiction notwithstanding that one or more members of the firm is resident out of the jurisdiction.(2)An order to show cause under rule 1 relating to such debts as aforesaid must be served on a member of the firm within the jurisdiction or on some other person having the control or management of the partnership business.(3)Where an order made under the said rule 1 requires a firm to appear before the CourL an appearance by a member if the finn constitutes a sufficient compliance with the order.8.Actions begun by originating summons (O. 81, r. 8)Rules 2 to 7 shall, with the necessary modifications, apply in relation to an actjon by or against partners in the name of their firm begun originating summons as they apply in relation to such an action begun by writ.9.Application to person carrying on business in another name (O. 81, r. 9)An individual carrying on business within the jurisdiction in a name or style other than his own name, may whether or not he is within the jurisdiction be sued in that name or style as if it were the name of a firm, and rules 2 to 8 shall, so far as applicable, apply as if he were a partner and the name in which he carries on business were the name of his finn.Order 82 – Defamation actions
1.Application (O. 82, r. 1)These rules apply to actions for libel or slander subject to the following rules of this Order.2.Indorsement of claim in libel action (O. 82, r. 2)Before a writ in an action for libel is issued it must be indorsed with statement giving sufficient particulars of the publications in respect of which the action is brought to enable them to be identified.3.Obligation to give particulars (O. 82, r. 3)(1)Where in an action for libel or slander the plaintiff alleges that the words or matters complained of were used in a defamatory sense other than their ordinary meaning, he must give particulars of the facts and matters in which he relies in support of such sense.(2)Where in an action for libel or slander the defendant alleges that, in so far as the words complained of consist of statements of fact, they are true in substance and in fact, and in so far as they consist of expressions of opinion they are fair comment on a matter of public interest, or pleads to the like effect, he must give particulars stating which of the words complained of he alleges are statements of fact and of the facts and matters he relies on in support of the allegation that the words are true.(2A)Without prejudice to Order 18, rule 8, but subject to paragraph (2B) where the defendant makes an allegation as described in paragraph (2), the plaintiff shall serve a reply specifically admitting or denying any such allegation raised by the defendant and specifying any fact or matter upon which he relies in opposition to the defendant"s allegations.(2B)No reply shall be required under paragraph (2A) where all the facts or matters on which the plaintiff intends to rely in opposition to the defendant's allegations as described in paragraph (2) are already particularized elsewhere in the dealings.(3)Where an action for libel or slander the plaintiff alleges that the defendant maliciously published the words or matters complained of, he need not in his statement of claim give particulars of the facts on which he relies in support of the allegation of malice, but if the defendant pleads that any of these words or matters are fair comment on a matter of public interest or were published upon a privileged occasion and the plaintiff intends to allege that the defendant was actuated by express malice, he must serve a reply giving particulars of the fact and matters from whic the malice is to be inferred.(3A) Without prejudice to Order 18, rule 12, the plaintiff must give full particulars in the statement of claim of the facts and matters on which be relies in support of his claim for damages, including details of any conduct by the defendant which it is alleged has increased the loss suffered and of any loss which is peculiar to the plajntiff's own circumstances.(4)This rule shall apply in relation to a counterclaim for libel or slander as if the party making the counterclaim were the plaintiff and the party against whom it is made the defendant.3A.Ruling on meaning (O. 81, r. 3A)(1)At any time after the service of the statement of claim either party may apply to a judge in chambers for an order detennining whether or not the words complained of are capable of bearing a particular meaning or meanings attributed to them in the pleadings.(2)If it appears to the judge on the hearing of an application under paragraph (1) that none of the words complained of are capable of bearing the meaning or meanings attributed to them in the pleadings, he may dismiss, the claim or make such other or give such judgment in the proceedings as may be just.(3)Subject to paragraph (4), each party to the proceedings may make only one application under paragraph (1).(4)Where a party has made an application under paragraph (1) and the respondent to that application subsequently amends his pleadings to allege a new meaning, the Court may ailow the other party to make a further application under paragraph (1) in relation to that new meaning.(5)This rule shall apply in relation to a counterclaim for libel or slander as if the party making the counterclaim were the plaintiff and the party against whom it is made the defendant, and as if the counterclaim were the statement of claim.4.Provisions as to payment into court (O. 82, r. 4)(1)Where in an action for libel or slander against several defendants sued jointly the plaintiff, in accordance with Order 22, rule 3(1) accepts money paid into court by any of those defendants in satisfaction of his cause of action against that defendant, then, notwithstanding anything in rule 3(4) of that Order, the action shall be stayed as against that defendant only, but—(a)the sum recoverable under any judgment given in the plaintiffs favour against any other defendant in the action by way of damages shall not exceed the amount (if any) by which the amount of the damages exceeds the amount paid into court by the defendant as against the action has been stayed, and(b)the plaintiff shall not be entitled to his costs of the action against the other defendant after the date of the payment into court and accepted by him or the judge is of opinion that there was reasonable ground for him to proceed with the action against the other defendant.(2)Where in an action for libel a party pleads the defence for which section 2 of the Libel Act, 1843, as extended to the Turks and Caicos Islands by the Imperial Statutes Extension Act 1847, provides, Order 22, rule 7, shall not apply in relation to the pleading.5.Statement in open court (O. 82, r. 5)(1)Where a party wishes to accept money paid into Court in satisfaction of a cause of action for libel or slander, malicious prosecution or false imprisonment, that party may before or after accepting the money apply to a Judge in Chambers by summons for leave to make in open Court a statement in terms approved by the judge.(2)Where a party to an action for libel or slander, malicious prosecution or false imprisonment which is settled before trial desires to make a statement in open Court, an application must be made to the Court for an order that the action be set down for trial, and before the date fixed for the trial the statement must be submitted for the approval of the Judge before whom it is to be made.(3)A Judge in Chambers may approve a statement under paragraph (1) or (2) which refers not only to a cause of action mentioned in those paragraph but also to any other cause of action joined thereto.6.Interrogatories not allowed in certain cases (O. 82, r. 6)In an action for libel or slander where the defendant pleads that the words or matters complained of are fair comment on a matter of public interest or were published on a privileged occasion, no interrogatories as to the defendant's sources of information or grounds of belief shall be allowed.Order 85 – Administration and similar actions
1.Interpretation (O. 85, r. 1)In this order "administration action" means an action for the administration under the direction of the court of the estate of a deceased person or for the execution under the direction of the court of a trust.2.Deterj.'unation of questions, etc., without administration (O. 85, r. 2)(1)An action may be brought for the determination of any question or for any relief which could be determined or granted, as the case may be, in an administration action and a claim need not be made in the action for the administration or execution under the direction of the court of estate or trust in connection with which the question arises or the relief is sought.(2)Without prejudice to the generality of paragraph (1), an action may be brought for the determination of any of the following questions:—(a)any question arising in the administration of the estate of a deceased person or in the execution of a trust.(b)any question as to the composition of any class of persons having a claim against the estate of a deceased person or a beneficial interest in the estate of such a person or in any property subject to a trust.(c)any questions as to the rights or interest of a person claiming to be a creditor of the estate of a deceased person or to be entitled under a will or on the intestacy of a deceased person or to beneficially entitled under a trust.(3)Without prejudice to the generality of paragraph (1), an action may be brought for any of the following reliefs:—(a)an order requiring an executor, administrator or trustee to furnish and, if necessary, verify accounts;(b)an order requiring the payment into court of money held by a person in his capacity as executor, administrator or trustee;(c)an order directing a person to do or abstain from doing a particular act in his capacity as executor, administrator or trustee;(d)an order approving any sale, purchase, compromise or other transaction by a person in his capacity as executor, administrator or trustee;(e)an order directing any act to be done in the administration of the estate of a deceased person or in the execution of a trust which the court could order to be done if the estate or trust were being administered or executed, as the case may be, under the direction of the court.3.Parties (O. 85, r. 3)(1)All the executors or administrators of the estate or trustees of the trust, as the case may be, to which administration action or such an action as is referred to in rule 2 relates must be parties to the action, and where the action is brought by executors, administrators or trustees, any of them who does not consent to being joined as a plaintiff must be made a defendant.(2)Notwithstanding anything in order 15, rule 4(2), and without prejudice to the powers of the court under that order, all the persons having a beneficial interest in or claim against the estate or having a beneficial interest under the trust, as the case may be, to which such action as is mentioned in paragraph (1) relates need not be parties to the action; but the plaintiff may take such of those persons, whether all or any one or more of them, parties as, having regard to the nature of the relief or remedy claimed in the action, he thinks fit.(3)Where, in proceedings under a judgment or order given or made in an action for the administration under the direction of the court of the estate of a deceased person, a claim in respect of a debt or other liability is made against the estate by a person not a party to the action, no party other than the executors or administrators of the estate shall be entitled to appear in any proceedings relating to that claim without the leave of the court, and the court may direct or allow any other part to appear either in addition to, or in substitution for, the executors or administrators on such terms as to costs or otherwise as it thinks fit.4.Grant of relief in action begun by orginating summons (O. 85, r. 4)In an administration action or such an action as is referred to in rule 2, the court may make any certificate or order and grant any relief to which the plaintiff may be entitled by reason of any breach of trust, willful default or other misconduct of the defendant notwithstanding that the action was begun by originating summons, but the foregoing provision is without prejudice to the power of the court to make an order under Order 28, rule 8, in relation to the action.5.Judgment and orders in administration (O. 85, r. 5)(1)A judgment or order for the administration or execution under the direction of the court of an estate or trust need not be given or made unless in the opinion of the court the questions at issue between the parties cannot properly be detennined otherwise than under such a judgment or order.(2)Where an administration action is brought by a creditor of the estate of a deceased person or by a person claiming to be entitled under a will or on the intestacy of a deceased person or to be beneficially entitled under a trust, and the plaintiff alleges that no or insufficient accounts have been furnished by executors, administrators or trustees, as the case may be, then, without prejudice to its powers, the court may—(a)order that proceedings in the action be stayed for a period specified in the order and that the executors, administrators or trustees, as the case may be, shall within that period furnish plaintiff with proper accounts.(b)if necessary to prevent proceedings by other creditors or by other persons claiming to be entitled as aforesaid, give judgment or make an order for administration of estate to which the action relates and include therein an order that no proceedings are to be taken under the judgment or order, or under any particular account or inquiry directed, without the leave of the judge in person.6.Conduct of sale of trust property (O. 85, r. 6)Where in an administration action an order is made for the sale of any property vested in executors, administrators or trustees, those executors administrators or trustees, as the case may be, shall have the conduct of the sale unless the court otherwise directs.Order 86 – Actions for specific performance: Summary judgment
1.Application by plaintiff for summary judgment (O. 86, r. 1)(1)In any action begun by writ indorsed writ indorsed with a claim—(a)for specific performance of an agreement (whether in writing or not) for the saJe, purchase, exchange, mortgage or charge of any property, with or for the grant or assignment of a lease of any property, with or without an alternative claim for damages, or(b)for rescission of such an agreement, or(c)for the forfeiture or return of any deposit made under such agreement the plaintiff may, on the ground that the defendant has no defense to the action, apply to the court for judgment.(2)An application may be made against a defendant under this rule whether or not he has acknowledged service oftbe writ in the action.2.Manner in which apllication under rule 1 must be made (O. 86, r. 2)(1)An application under rule 1 shall be made by summons supported by an affidavit verifying the facts on which the cause of action is based and stating that in the deponent's belief there is no defense to the action.Unless the court otherwise directs, an affidavit for the purposes of this paragraph may contain statements of information or belief with the sources and grounds thereof.(2)The summons must set out or have attached thereto minutes of the judgment sought by the plaintiff.(3)The swnmons, a copy of the affidavit in support and of any exhibit referred to therein must be served on the defendant not less than four clear days before the return day.3.Judgement for the plaintiff (O. 86, r. 3)Unless on the hearing of an application under rule 1 either the court dismisses the application or the defendant satisfies the court that there is an issue or question in dispute which ought to be tried or that there ought for some other reason to be a trial of the action, the court may give judgment for the plaintiff in the action.4.Leave to defend (O. 86, r. 4)(1)A defendant may show cause against an application under rule1 by affidavit or otherwise to the satisfaction of the court.(1A)Unless the court othetwise orders, an ffidavit for the purposes of paragraph (1) may contain statements of information or belief with the sources and grounds thereof.(2)The court may give a defendant against whom such an application is made leave to defend the action either unconditionally or on such terms as to giving security or time or mode of trial or otherwise as it thinks fit.(3)On the hearing of such an application the court may order a defendant showing cause or, where that defendant is a body corporate, any director, manager, secretary or other similar officer thereof, or any purporting to act in any such capacity—(a)to produce any document;(b)if it appears to the court that there are special circumstances which make it desirable that he should do so, to attend and be examined on oath.5.Directions (O. 86, r. 5)Where the court orders that a defendant have leave to defend the action, the court shall give directions as to the further conduct of the action, order 25, rules 2 to 7 shall, with the omission of so much of rule 7(1) as requires parties to serve a notice specifying orders and directions which they require and with any other necessary modifications, apply as if the application under rule 1 were a summons for directions.6.Costs (O. 86, r. 6)If the plaintiff makes an application under rule 1 where the case is not within this order, or if it appears to the court that the plaintiff knew that the defendant relied on a contention which would entitle him to unconditional leave to defend, then, without prejudice to Order 62, and, in particular, to paragraphs (1) and (2) of rule 8 of that Order, the Court may dismiss the application with costs and may require the costs to be paid by him forthwith.7.Setting aside judgement (O. 86, r. 7)Any judgment given against a defendant who does not appear at the hearing of an application under rule 1 may be set aside or varied by the court on such terms as it thinks just.8.Application for summary judgment on counterclaim (O. 86, r. 8)(1)where a defendant to proceedings has served a counterclaim on the plaintiff including any claim such as is specified in rule 1(1), the defendant may apply to the court for judgment on the grounds that the plaintiff has no defence to the claim.(2)Rules 2 to 7 shall apply in relation to an application under paragraph (I) as if the counterclaim were an action.Order 87 – Debenture holders' action: Reciever's register
1.Receiver's register (O. 87, r. l)Every receiver appointed by the court in an action to enforce registered debentures or registered debenture stock shall, if so directed by the court, keep a register of transfers of, and other transmissions of title to, such debentures or stock (in this Order referred to as "the receiver's register").2.Registration of transfers, etc. (O. 87, r. 2)(1)Where a receiver is required is required by rule 1 to keep a receiver's register, then, on the application of any person entitled to any debentures or debenture stock by virtue of any transfer or other transmission of title, and on production of such evidence of identity and title as the receiver may reasonably require, the receiver shall, subject to the following provisions of this rule, register the transfer or other transmission of title in that register.(2)Before registering a transfer the receiver must, unless the due execution of the transfer is proved by affidavit, send by post to the registered holder of the debentures or debenture stock transferred at his registered address a notice stating—(a)that an application for the registration of the transfer has been made, and(b)that the transfer will be registered unless within the period specified in the notice the holder informs the receiver that he objects to the registration and no transfer shall be registered until the period so specified has elapsed.The period to be specified in the notice shall in no case be less than seven days after a reply from the registered holder would in the ordinary course of post reach the receiver if the holder had replied to the notice on the day following the day when in the ordinary course of post the notice would have been delivered at the place to which it was addressed.(3)On registering a transfer or other transmission of titie under this rule the receiver must indorse a memorandum thereof on the debenture or certificate of debenture stock, as the case may be, transferred or transmitted, containing a reference to the action and to the order appointing him receiver.3.Application for rectification of register (O. 87, r. 3)(1)Any person aggrieved by anything done or omission made by a receiver under rule 2 may apply to the court for rectification of the receiver's register, the application to be made by summons in the action in which the receiver was appointed.(2)The summons shall in the first instance be served only on the plaintiff or other party having the conduct of the action but the Court may direct the summons or notice of the application to be served on any other person appearing to be interested.(3)The Court hearing an application under this rule may decide any question relating to the title of any person who is party to the application to have his name entered in or omitted from the receiver's register and generally may decide any question necessary or expedient to be decided for the rectification of that register.4.Reciever's register evidence of transfers, etc (O. 87, r. 4)Any entry made in the receiver's register. if verified by an affidavit made by the receiver or by such other person as the Court may direct, shall in all proceedings in the action in which the receiver was appointed be evidence of the transfer or transmission of title to which the entry relates and, in particular, shall be accepted as evidence thereof for the purpose of any distribution of assets, notwithstanding that the transfer or transmission has taken place after the making of a certificate in the action certifying the holders of the debentures or debenture stock certificates.5.Proof of title of holder of bearer debenture, etc. (O. 87, r. 5)(1)This rule applies in relation to an action to enforce bearer debentures or to enforce debenture stock in respect of which the company has issued debenture stock bearer certificates.(2)Notwithstanding that judgment has been given in the action and that certificate has been made therein certifying the holders of such debentures or certificates as are referred to in paragraph (1), the title of any person claiming to be such a bolder shall (in the absence of notice of any defect in the title) be sufficiently proved by the production oftbe debenture or debenture stock certificate, as the case may be, together with a certificate of identification signed by the person producing the debenture or certificate identifying the debenture or certificate produced and certifying the person (giving his name and address) who is the holder thereof.(3)Where such debenture or certificate as is referred to in paragraph (I) is produced in chambers, the attorney of the plaintiff in the action must cause to be indorsed thereon a notice stating—a)that the person whose name and address is specified in the notice (being the person named as the holder of the debenture or certificate in the certificate of identification produced under paragraph (2)) has been recorded in chambers as the holder of the debenture or debenture stock certificate, as the case be, andb)that that person will, on producing the debenture or debenture stock certificate, as the case may -be, entitled to receive payment of any dividend in respect of that debenture or stock unless before payment of a new holder proves his title in accordance with paragraph (2), andc)that if a new holder neglects to prove his title as foresaid he may incur additional delay, trouble and expense in obtaining payment.(4)The attorney of the plaintiff in the action must preserve any certificates of identification produced under paragraph (2) and must keep a record of the debentures and debenture stock ce1tificates so produced and of the names and address of the persons producing them and of the holders thereof, and if the court requires it, must verify the record by Affidavit.Order 89 – Proceedings between husband and wife
2.Provisions as to actions in tort (O. 89, r. 2)(1)This iule applies to any action in tort brought by one of the parties to a marriage against the other during the subsistence of the marriage.(3)Notwithstanding anything in Order 13 or Order 19, judgment on failure to give notice of intention to defend or in default of defence shall not be entered in an action to which this rule applies except with the leave of the Court.(4)An application for the grant of leave under paragraph (3) must be made by summons and the summons must, notwithstanding anything in Order 65 rule 9, be served on the defendant.(5)If the summons if for leave to enter judgment on failure to give notice of intention to defend, the summons shall not be issued until after the time limited for acknowledging service of the writ.Order 90 – Proceedings relating to infants
1.Wards of court (O. 90, r. 1)(1)No infant shall be made a ward of court except by virtue of an order to that effect made by the court.(2)Where application is made for such an order in respect of an infant, the infant shall become a ward of the court on the making of the application, but shall cease to be award of the court as provided in PARA 3.2.Application to make infant a ward of court (O. 90, r. 2)(1)Where an action to which an infant is a party is proceeding, application to make that infant a ward of court may be made by summons in the action; but except in that case an application to make an infant a ward of court must be made by originating summons.(2)Where there is no person other than the infant who is a suitable defendant an application may be made ex parte to a judge in chambers for leave to issue either an ex parte originating summons or an originating summons with the infant as defendant thereto: and, except where such leave is granted, the infant shall not be made a defendant to an originating summons under this rule in the first instance.(3)Immediately after the issue of any summons under this rule the applicant must produce the summons at the Registry for recording in the register of wards, and the Registrar shall mark it as having been so produced and recorded.3.When infant ceases to be ward of court (O. 90, r. 3)(1)An infant who becomes a ward of court on the issue of a summons under rule 2 shall cease to be a ward of court—(a)if an application for an appointment for the hearing of the summons is not made within the period of twenty-one days after the issue of the summons, at the expiration of that period;(b)if an application for such an appointment is made within that period, on the determination of the application made by the summons unless the Court hearing it orders that the infant be made a ward of the court.(2)Nothing in paragraph (1) shall be taken as affecting the power of the Court to order that any infant who is for the time being a ward of court shall cease to be ward of court.(3)If no application for an appointment for the hearing of a summons under this rule 2 is made within the period of 21 days after the issue of the summons, a notice stating whether the application intends to proceed with the application made by the summons must be left at the Registry immediately after the expiration of the period.Order 92 – Lodgment, investment, etc, of funds in court
5.Application is with respect to funds in court (O. 52, r. 5)(1)Where an application to the court—(a)for the payment or transfer to any person of any funds in court standing to the credit of any cause or matter or for the transfer of any such funds to a separate account or for the payment to any person of any dividend of or interest on any securities of money comprised in such funds;(b)for the investment or change of investment of any funds in court;(c)for payment of the dividends of or interest on any funds in court representing or comprising money or securities lodged in court under any enactment; or(d)for the payment or transfer out of court of any such funds as are mentioned in sub-paragraph (c) is made, the application may be disposed of in chambers.(2)Subject to paragraph (3), any such application must be made by summons, and unless the application is made in a pending cause or matter or an application for the same purpose has previously been made by petition or originating swnmons, the summons must be an originating summons.(3)Where an application under paragraph l (d) is required to be made by originating summons, then, if the funds to which the application relates do not exceed $20,000 in value, the application may be made ex parte to the Registrar and the Registrar may dispose of the application or may direct it to be made by originating summons.Unless otherwise directed, ex parte applications under this paragraph shall be made by affidavit.(5)This rule does not apply to any application for an order under Order 22.Order 94 – Applications and appeals to supreme court under various enactmets
I.Jurisdiction of Supreme Court to quash certain orders, schemes, etc. (O. 94, r. 1)(1)Where by virtue of any enactment the Supreme Court has jurisdiction, on the application of any person, to quash or prohibit any order, scheme, certificate or plan, any amendment or approval of a plan, any decision of a Minister or govemment board or department or any action on the part of a Minister or government board or department, the jurisdiction shall be exercised by a single judge.(2)The application must be made by originating motion and, without prejudice to Order 8, rule 3(2) the notice of such motion must state the grounds of the application.2.Entry and service of notice of motion (O. 94, r. 2)(1)Notice of a motion under rule 1 must be entered at the Registry, and served within the time limited by the relevant enactment for making the application made by the motion.(2)Subject to paragraph (4) notice of the motion must be served on the appropriate Minister or government board or department.(3)1n paragraph (2) "the appropriate Minister or government board or department" means the Minister or government board or department by whom the order, scheme, certificate, plan, amendment, approval or decision in question was or be made, authorized, confirmed, approved or given or on whose part the action in question was or may be taken.3.Filing of affidavits, etc. (O. 94, r. 3)(1)Without prejudice to the powers of the court under Order 38, rule 2(3) evidence at the hearing of a motion under rule 1 shall be by affidavit.(2)Any affidavit in support of the application made by such motion must be filed by the applicant in the Registry within 14 days after service of the notice of motion and the applicant must, at the time of filing, serve a copy of the affidavit and of any exhibit thereto on the respondent(3)Any affidavit in opposition to the application must be filed by the respondent in the Registry within 21 days after the service on him under paragraph (2) of the applicant's affidavit and the Respondent must, at the time of filing, serve a copy of his affidavit and of any exhibit thereto on the applicant.(4)When filing an affidavit under this rule a party must leave a copy thereof and of any exhibit thereto at the Registry for the use of the court.(5)Unless the Court otherwise orders, a motion under rule 1 shall not be heard earlier than 14 days after the time for filing an affidavit by the respondent has expired.Order 99 – Inheritance (Family Provisions) Ordinance
1.Interpretations (O. 99, r. 1)In this order "the ordinance" means the Inheritance (Family Provisions) Ordinance and a section referred to by number means the section so numbered in that Ordinance.3.Application for financial provision (O. 99, r. 3)(1)An application under section 3 shall be made by originating summons.(2)The summons shall be in Form No. 10 in Appendix A.(3)There shall be lodged with the court an affidavit by the applicant in support of the summons, exhibiting an official copy of the grant of representation to the deceased·s estate and of every testamentary document admitted to proof, and a copy of the affidavit shall be served on every defendant with the summons.4.Powers of court as to parties (O. 99, r.4)(1)Without prejudice to its powers under Order 15, the Court may at any stage of proceedings under the Ordinance direct that any person be added as a party to the proceedings or that notice of the proceedings be served on any person.(2)Order 15, ruJe 13, shall apply to proceedings under the Ordinance as it applies to the proceedings mentioned in paragraph (1) of the rule.5.Affidavit in answer (O. 99, r. 5)(1)A defendant to an application under section 3 who is a personal representative of the deceased shall and any other defendant may, within 21 days after service of the summons on him, inclusive of the day of service, lodge with the court an affidavit in answer to the application.(2)The Affidavit lodged by a personal representative pursuant to paragraph (1) shall state to the best of the deponent's ability—(a)full particulars of the value of the deceased's net estate, as defined by section 2(1);(b)the person or classes of persons beneficially interested in the estate, giving the names and (in the case of those who are not already parties) the address of all living beneficiaries, and the value of their interests so far as ascertained;(c)if such be the case, that any living beneficiary (naming him) is a minor or a patient within the meaning of Order 80, rule l; and(d)any facts known to the d onent which might affect the exercise of the Court's powers under the Ordinance.(3)Every defendant who lodges an affidavit shall at the same time serve a copy on the plaintiff and on every other defendant who is not represented by the same attorney.6.Separate representation (O. 99, r. 6)Where an application under section 3 is made jointly by two or more applicants and the originating summons is accordingly issued by one attorney on behalf of all of them, they may, if they have conflicting interests, appear on any hearing of the summons by separate attorneys or in person, and where at any stage of the proceedings it appears to the court that one of the applicants is not but ought to be separately represented, the court may adjourn the proceedings until he is.7.Endorsement of memorandum on grant (O. 99, r. 7)On the hearing of an application under section 3 the personal representative shall produce to the court the probate or letters of administration to the deceased's estate and, if an order is made under the Ordinance, the grant shall remain in the custody of the Court until a memorandum of the Order has been endorsed on or permanently annexed to the probate or letters of administration in accordance with section 5(3).8.Disposal of proceedings in chambers (O. 99, r. 8)Any proceedings under the Ordinance may, if the Court so directs, be disposed of in chambers.Order 113 – Summary proceedings for possession of land
1.Proceedings to be brought by origiatig summons (O. 113, r. 1)Where a person claims possession of land which he alleges is occupied solely by a person or persons(not being a tenant or tenants holding over after the termination of the tenancy) who entered into or remained in occupation without his licence or consent or that of any predecessor in title of his, the proceedings may be brought by originating summons in accordance with the provisions of this Order.2.Forms of originating summons (O. 113, r.2)(1)The originating summons shall be in Form No. 1 IA m Appendix A and no acknowledgment of service of it shall be required.(2)The originating summons shall be endorsed with or contain a statement showing whether possession is claimed in respect of residential premises or in respect of other land.3.Affidavit cn support (O. 113, r. 3)The plaintiff shall file in support of the originating summons an affidavit stating—(a)his interest in the land and its value;(b)the circumstances in which the land has been occupied without licence or consent and in which his claim to possession arises; and(c)that he does not know the name of any person occupying the land who is not named in the summons;and, unless the Court directs, any such affidavit may contain statements of information or belief with the sources and grounds thereof4.Service of originating summons (0.113, r. 4)(1)Where any person in occupation of the land is named in the originating summons, tbe summons together with a copy of the affidavit in support shall be served on him—(b)by leaving a copy of the summons and of the affidavit or sending them to him, at the premises; or(c)in such other manner as the Court may direct.(2)Where any person not named as a defendant is in occupation of the land, the summons shalJ be served (whether or not it is also required to be served in accordance with paragraph (I)), unless the Court otherwise directs, by—(a)affixing a copy of the summons and a copy of the affidavit to the main door or other conspicuous part of the premises and, if practicable, inserting through the letter-box a the premises a copy of the summons and a copy of the affidavit enclosed in a sealed transparent envelope addressed to "the occupiers", or(b)placing stakes in the ground at conspicuous parts of the occupied land, to each of whjch shall be affixed a sealed transparent envelope addressed to "the occupiers" and containing a copy of the summons and a copy of the affidavit.(3)Order 28, rule 3 shall not apply to proceedings under this Order.5.Appllcatio by occupier to be made a party (O. 113, r. 5)Without prejudice to Order 15, rules 6 and 10, any person not named as a defendant who is in occupation of the land and wishes to be heard on the question whether an order for possession should be made may apply at a stage of the proceedings to be joined as a defendant.6.Order for possessio " (O. 113, r. 6)(1)A final order for possession in proceedings under this Order shall, except in case of emergency and by leave of the Court, not be made—(a)in the case of residential premises, less than five clear days after the date of service, and(b)in the case of other land, less than two clear days after the date service.(2)An order for possession in proceedings under this Order shall be in Form No. 42A.(3)Nothing in this Order shall prevent the Court from ordering possession to be given on a specified date, in the exercise of any power which could have been exercised if possession had been claimed in an action begun by writ.7.Writ of possession (O. 113, r. 7)(1)Order 45, rule 3(2) shall not apply in relation to an order for possession under this Order but no writ of possession to enforce such an order shall be issued after the expiry of three months from the dateof the order without the leave of the Court.An application for leave may be made ex parte unless the Court otherwise directs.(2)The writ of possession shall be in Form No. 66A.8.Setting aside order (O. 113, r. 8)The Court may, on such terms as it thinks just, set aside or vary any order made in proceedings under this Order.Appendix A to the Rules of the Supreme Court (Order 1, rule 9)
Prescribed forms
No. 1 – Writ of summons (O. 6, r. 1)
In the Supreme Court of __________________________ [Year] _____ No._____
In the Turks and the Caicos Islands
Between __________________________ Plaintiff and __________________________ DefendantTo the Defendant [name] ______________of [address] ______________________This writ of summons has been issued against you by the above-named Plaintiff in respect of the claim set out on the back.Within [14 days] after the service of this Writ on you, counting the day of service, you must either satisfy the claim or return to the Court Office mentioned below the accompanying Acknowledgement of Service stating therein whether you intend to contest these proceedings.If you fail to satisfy the claim or to return the Acknowledgment within the time stated, or if you return the Acknowledgment without stating therein an intention to contest the proceedings, the Plaintiff may proceed with the action and judgment may be entered against you forthwith without further notice.Issued from the Registry of the Supreme Court this ________ day of ________, ________.Note: This writ may not be served later than 12 calendar months after the above date unless renewed by order of the Court.Important
Directions for Acknowledgment of Service are given with the accompanying form.[Back of No. 1]*[Statement of Claim]
The Plaintiffs claim is for ______________________*Where words appear between square brackets delete if inapplicable*[Signed if statement of claim indorsed][Where the Plaintiff's claim is for a debt or liquidated demand only:If within the time for Acknowledgment of Service, the Defendant pays the amount claimed and $ ____, for costs and, if the Plaintiff obtains an order for substituted service, the additional sum of $____, further proceedfogs will be stayed. The money must be paid to the Plaintiff, his Attorney or Agent.]This writ was issued by ________of*[Agent for ________ of ________]Attorney for the said plaintiff whose address is ________*[or where the Plaintiff sues in personThis writ was issued by the said plaintiff who resides at ____________and (if the Plaintiff does not reside within the jurisdiction) whose address for service is ______________.]No. 8 – Originating summons-General form (O. 7, r. 2)
In the Supreme Court of ______________ [Year] ______ No.____
In the Turks and Caicos Islands
Between A.B. ________________________ Plaintiffand C.D. ________________________ DefendantTo C. D. of ________________________ Let the defendant, within [14 days] after service of this summons on him, counting the day of service, return the accompanying Acknowledgment of Service to the Registry.By this summons, which is issued on the application of the plaintiff A. B. of ________________________ the plaintiff claims against the defendant [or seeks the determination of the Court on the following questions, namely, ________________________or as may be]If the defendant does not acknowledge service, such judgment may be given or order made against or in relation to him as the Court may think just and expedient.Dated the ____________day of ______, ______.Note: This summons may not be served later than 12 calendar months after the above date unless renewed by order of the Court.This summons was taken out by ________ of ________ attorney for the said plaintiff ______whose address is as stated above [or This summons was taken out by ________of agent for ______ of attorney for the said plaintiff whose address is as stated above] [or where the plaintiff sues in person. This summons was taken out by the said plaintiff who resides at the above-named address or as may be and (if the plaintiff does reside within the jurisdiction) whose address for service is________].Important
Directions for Acknowledgement of Service are given with the accompanying form.No. 10 – Originating summons-Expedited (O. 7, r. 2)
In the Supreme Court of _____________ [Year] ________ No.________
In the Turks and Caicos Islands
Between A.B. ________________________ Plaintiffand C.D. ________________________ DefendantLet C. D. of ____________ attend before the Judge in chambers at the Supreme Court, Court house, pond street, grand turk, on ____________ day, the ____________ day of ____________ at __________ o'clock, [or, if no application has yet been made for a day to be fixed, on a day to be fixed] on the hearing of an application by the plaintiff A. B. of ______________________ thatAnd let the defendant within [14 days] after service of this summons on him counting the day of service, return the accompanying Acknowledgment of Service to the Registry.Dated the __________ day of __________, __________.Note: This summons may not be served later than 12 calendar months after the above date unless renewed by order of the Court.This summons was taken out by __________ of __________ attorney for the said plaintiff whose address is as stated above [or This summons was taken out by __________ of __________ agent for __________of __________attorney for the said plaintiff whose address is as stated above] [or where the plaintiff sues in person: This summons was taken out by the said plaintiff who resides at__________ and (if the plaintiff does not reside within the jurisdiction; whose address for service is __________].Note: If a defendant does not attend personally or by his attorney at the time and place above-mentioned such order will be made as the Court may think just and expedient.Important
Directions for Acknowledgment of Service are given with the accompanying form.No. 11 – Ex Parte originating summons (O. 7, r. 2)
In the Supreme Court of __________________ [Year] ________ No. ________
In the Turks and Caicos Islands
Let all paities concerned attend before the judge in chambers at the supreme court, Court House, Pond Street, Grand Turk, on __________ day, the __________ day of __________, __________, at __________ at __________ o'clock, on the hearing of an application by A. B. thatDated the ________ day of __________, __________,This summons was taken out by __________ of __________ [agent for __________ of __________] attorney for the applicant whose address is __________.No. 11A – Originating summons for possession under Order 113 (O. 113, r. 2)
In the Supreme Court of __________________ [Year] ________ No. ________
In the Turks and Caicos Islands
In the matter of [A.B. ________________________ PlaintiffC.D. ________________________ Defendant (if any) whose name is known to the plaintiff]To [C. D. and] every [other] person in occupation of __________________Let all persons concerned attend before __________________ the Supreme Court, Court House, Pond Street, Grand Turk, on ________ day of ________, ________, at ________ o'clock. on the hearing of an application by A. B. for an order that he do recover possession of __________ on the ground that he is entitled to possession and that the person(s) in occupation is(are) in occupation without licence or consent.Dated the ______ day of ______, ______.This summons was taken out by ____________ of [agent for __________ of ______] attorney for the applicant whose address is____________.[or This summons was taken out by ____________ of __________ agent for __________ of attorney for the said plaintiff whose address is as stated above][or when the plaintiff acts in personThis summons was taken out by the said plaintiff who resides at ____________ and (if the plaintiff does not reside within the jurisdiction whose address for service is ____________].No. 12 – Notice of appointment to hear originating summons (O. 28, r. 2)
[Heading as in summons]
To [name of defendant] of __________________________(a)Take notice that the originating summons issued herein on the ______ day of ______, ______, will be heard by a Judge of the Supreme Court, Court House, Pond Street, Grand Turk on the ______ day of ______, at ______ o'clock.(b)And take notice that at that hearing [name of plaintiff] will seek [an order in the terms of paragraphs of the originating summons] [the following directions or orders:—1. 2.etc.](c)You may attend in person or by your attorney. If you fail to attend or to be represented, the Court may proceed in your absence.Dated the ________ day of ________, __________.(Signed)[Agent for ________________________] Attorney for the plaintiffNo. 13 – Notice of originating motion (O. 8, r. 3)
In the Supreme Court of __________________ [Year] ______ No. ________
In the turks and caicos islands
In the matter of ________________andIn the matter of ________________Take notice that the Supreme Court, Court House. Pond Street, Grand Turk, will be moved [before his Lordship the Chief Justice ______________] at the expiration of days from the service upon you of this notice [or on the ________day of ________, ________ at the sitting of the Court] or so soon thereafter as counsel can be heard by counsel on behalf of A. B. for an order that ____________ [or for the following relief, namely ________]. And that the costs of and incidental to this [application] [appeal] may be paid by ______________ [And further take notice that the grounds of this [application] [appeal] are:Dated the ____________ day of ____________, ______________(Signed)C.D. of ____________ [agent for __________ of ______] attorney for the above named [applicant] [appellant] A.B. whose address is__________________________ or A. B. whose address for service is ____________ [applicant] [appellant] in personTo ____________ of ____________No. 14 – Acknowledgment of service of writ of summons (O. 12, r. 3)
Guidance notes for the Plaintiff
Read these notes carefullyThe notes explain what you have to do before this form is sent to ("served" on) the defendant.Form headingYou must fill in the heading of the form with:the action number,the names of the parties in the action (the "title") as they appear on the writ.Parts 1 and 2Please leave blank for the defendant to complete.Part 3If the claim is not for a fixed amount, you must delete part 3 and the notes relating to it.Part 4Please leave blank for the defendant to complete.At the end of the formPlaintiffs (Plaintiff's attorney's) detailsFill in your name and the address to which papers about the case should be sent.Detach these guidance notes before the form is sent to the defendant.Acknowledgment of service of writ of summons guidance notes for the defendant
Read these notes carefullyThey will help you to fill in the form attached and tell you what other steps you need to take.Act quicklyYou have only a limited time to return the form. If you do not return the form promptly, the plaintiff may obtain a court order that you pay what is being claimed immediately (called "entering judgment by default").Help and adviceYou can get help and legal advice from an attorney (who can fill in the form and return it to the court for you.)Staff at the Registry (the Supreme Court, Court House, Pond Street, Grand Turk) will also help you to fill in the form.Time for returning the formYou have 14 days from the day you receive the writ of summons to return the completed form to the court.If the writ was served on you outside the Turks and Caicos Islands, the writ will tell you how long you have to return the acknowledgment form.How to fill in the form
Read these notes carefully. They will help you fill in the form and tell you what other steps you need to take.You can use the same form of acknowledgment for two (or more) defendants provided the form makes this clear and they all wish to reply in the same way.If you are under 18 or suffering certain mental disorders ("under a disability") you must ask an adult to act for you. The adult, who is called a "next friend" or "guardian ad litem", can be any friend or relative who is not a co-defendant in the same claim. But they must act on your behalf with the help of an attorney. The attorney must fill out the form of acknowledgment.Part I Write in your full name. If your name was incorrect on the writ, add the words "sued as" followed by the name stated on the writ.lf you are:a person trading in a name other than your own. write in your name followed by the words "trading as" and the name under which you trade:a partner in a firm, write in your name followed by the words "partner in the firm of" and the name of the firm.If you are sued as a partner but are not, say so.Part 2 Tick the appropriate box to show whether you intend to contest all, or part, of the claim. If you contest any part of the claim, read note 2 on preparing your defence.Part 3 Should only be filled in if the plaintiff is claiming a fixed amount of money and you do not contest the claim. Tick the appropriate box to show whether you intend to ask the court to make an order preventing the plaintiff from enforcing any order for you to pay the amount claimed (called asking for a "stay of execution"). A stay of execution will allow you to pay the debt, perhaps by installments: If you wish to apply for a stay of execution, read note 3. This tells you how to make your application.Part 4 Unless your attorney is filling in the form on your behalf you must sign the form and give an address to which court documents should be sent, and any reference, telephone or fax numbers. If you are being sued as an individual (that is in your own name rather than that of your firm or company) the address you give must be one in the Turks and Caicos islands. If you are a limited company, the form may be filled in by an authorised officer who must state his position in that company, or an attorney.An attorney may give his firm's address; an authorised officer must give the registered or principal office of the company.What to do when you have filled in the form.
1.Return the formDetach these guidance notes and send or take the acknowledgment form to the Registry of the Supreme Court, Court House, Pond Street, Grand Turk.2.Preparing the defenceIf you contest the plaintiffs claim you must set out your reasons for doing so in writing (called a "defence"). You must send or take a copy of your defence to the plaintiff (or the plaintiff's attorney). The time in which you have to do this will depend on whether you were given full pa1ticulars of the plaintiffs claim, (called a "statement of claim") with the writ.If a statement of claim was included in the writ or accompanied it, you must serve your defence within 14 days after the time for acknowledging service of the writ. If a statement of claim is served on you after you received the writ, you must serve your defence 14 days from the date you received the statement of claim.3.Applying for a stay of executionIf you agree that you owe the plaintiff the amount of money claimed but want a stay of execution to allow you time to pay, you must issue a summons asking the court to make this order. Your summons must be accompanied by a sworn statement (an "affidavit") setting out details of your income and liabilities and any offer of payment you are making, for example, by installments.You must issue your summons at the Registry within 14 days of the court receiving your form of acknowledgment of service.Acknowledgment of service of writ of summons (O. 12, r. 3)
In the Supreme Court of __________________ [Year] ________ No. ________
In the Turks and Caicos Islands
Use black ink and capital lettersPlaintiffDefendantPart 1 (Your) (Defendant's) full name__________________________Part 2 (Do you) (Does the defendant) intend to contestthe whole of the plaintiffs claim?□part of the plaintiff's claim?□none of the plaintiff's claim?□__________________________Part 3 If you have said that you do not intend to contest the whole or part of the plaintiff's claim will you (the defendant) be asking the court for a stay of execution?yes □no □____________________________Part 4 I acknowledge that (I have) (the defendant has) been served with a copy of the writ of summonsSigned ____________________ Date ________________________Defendant (Attorney for the defendant) (Authorised officer)Defendant's (Defendant's attorneys) detailsAddress to which papers about this case should be sent________________________Attorney's Ref. ________________________Telephone No. ________________________Fax No. ________________________When completed this form should be returned to:The RegistrarSupreme courtCourt housePond streetGrand TurkTurks and Caicos Islands Plaintiff's (Plaintiff's Attorney's) detailsAddress to which papers about this case should be sent________________________Attorney's Ref. ________________________Telephone No. ________________________Fax No. ________________________No. 15 – Acknowledgment of Service of Originating Summons (O. l 0, r. 5)
Guidance notes for the Plaintiff
Read these notes carefully. The notes explain what you have to do before this form is sent to ("served" on) the defendant.Form headingYou must fill in the heading of the form with:the action number andthe names of the parties in the action (the "title") as they appear on the writ.At the end of the form: Plaintiffs (Plaintiff's attorney's) details Fill in your name and the address to which papers about the case should be sent.Detach these guidance notes before the form is sent to the defendant.Guidance notes for the defendant
Read these notes carefully They will help you to fill in the form attached and tell you what other steps you need to take.Act quickly You have only a limited time to return the form.Help and advice You can get help and legal advice from an attorney. Staff at the Registry, the Supreme Court, Court House, Pond Street, Grand Turk, will also help you to fill in the form.Time for returning the formYou have 14 days from the day you receive the originating summons to return the completed form to the court.Note: You may have less than 14 days to return the form in certain kinds of proceedings where an early hearing date has been fixed. If in doubt, seek advice.If the summons was served on you outside the Turks and Caicos Islands, the summons will tell you how long you have to return the acknowledgment form.How to fill in the form
Read these notes carefully. They will help you fill in the form and tell you what other steps you need to take.You can use the same form of acknowledgment for two (or more) defendants provided the form makes this clear and they all wish to reply in the same way.If you are under 18 or suffering certain mental disorders ('under a disability') you must ask an adult to act for you. The adult who is called a "next friend" or 'guardian ad litem" can be any friend or relative who is not a co-defendant in the same claim. But they must act on your behalf with the help of an attorney. The attorney must fill in the form of acknowledgment.Part 1 Write in your full name. If your name-was incorrect on the summons, add the words "sued as" followed by the name stated on the summons.If you are:a person trading in a name other than your own, write in your name followed by the words "trading as" and the name under which you trade:a partner in a firm, write in your name followed by the words 'partner in the film of' and the name of the firm.If you are sued as a partner but are not, say so.Part 2 Tick the appropriate box to show whether you intend to contest all, or part, of the claim. If you contest any part of the claim, read note 2 on preparing your defence.Part 3 Unless your attorney is filling in the form on your behalf you must sign the form and give an address to which court documents should be sent, and any reference, telephone or fax numbers. If you are being sued as an individual (that is in your own name rather than that of your firm or company) the address you give must be one in the Turks and Caicos Islands. If you are a limited company, the form may be filled in by an authorised officer who must state his position in that company, or an attorney. An attorney may give his firm's address; an authorised officer must give the registered or principal office of the company.What do to when you have filled in the form.1.Return the form Detach these guidance notes and send or take the acknowledgment form to the Registry the Supreme Court, Court House, Pond Street, Grand Turk.2.Preparing the defence If you wish to object to the plaintiff's claim in writing (that is, by affidavit) you must send or give a copy of the affidavit to the other parties and file a copy at the Registry. You must serve your affidavit within 28 days from the date you received the plaintiff's affidavit in support of his claim.Note: You may have less than 28 days to serve the affidavit in certain kinds of proceeding where an early hearing date has been fixed. If in doubt, seek advice.Acknowledgment of service of originating summons
In the Supreme Court of __________________ [Year] ________ No. ________In the Turks and Caicos IslandsUse black ink and capital lettersPlaintiffDefendantPart 1 (Your) (Defendant's) full name____________________Part 2 (Do you) (Does the defendant) intend to contestthe whole of the plaintiffs claim?□part of the plaintiff's claim?□none of the plaintiff's claim?□____________________Part 3 I acknowledge that (I have) (the defendant has) been served with a copy of the writ of originating summonsSigned ____________________ Date ____________________Defendant's (Defendant's attorneys) detailsDefendant's (Defendant's attorneys) detailsAddress to which papers about this case should be sentAttorney's Ref. ____________________Telephone No. ____________________Fax No. ____________________When completed this form should be returned to:The Registrar, Supreme court Court house Pond street grand Turk Turks and Caicos IslandsPlaintiff's (Plaintiff's Attorney's) details Address to which papers about this case should be sent__________________________________________Attorney's Ref. ____________________Telephone No. ____________________Fax No. ____________________No. 17 – Notice to be indorsed on copy of counterclaim (O. 15, r. 3(6))
To X. Y.Take notice that, within [14 days] after service of this defence and counterclaim on you, counting the day of service, you must acknowledge service and state in your acknowledgment whether you intend to contest the proceedings. If you fail to do so or if your acknowledgment does not state your intention to contest the proceedings judgment may be given against you without further notice.Important
Directions for acknowledgment of service are given with the accompanying form.No. 20 – Third party notice claiming contribution or indemnity or other relief or remedy(O. 16)
In the Supreme Court of __________________ [Year] ________ No. ________
In the Turks and Caicos Islands
BetweenA. B PlaintiffandC.D. DefendantT.P. Third partyThird party notice
[Issued pursuant to the order of __________ dated the ________ day of ________, ________To T.P. of ____________Take notice that this action has been brought by the plaintiff against the defendant. In it the plaintiff claims against the defendant [here state the nature of the plaintiff's claim] as appears from the writ of summons [or originating summons] a copy whereof is served herewith [together with a copy of the statement of claim].The defendant claims against you [here state the nature of the claim against the third party as for instance to be indemnified against the plaintiffs claim and the costs of this action or contribution to the extent of [one half] of the plaintiffs claim or the following relief or remedy namely on the grounds that (state the grounds of the claim)].And take notice that within [14 days] after service of this notice on you, counting the day of service, you must acknowledge service and state in your acknowledgment whether you intend to contest the proceedings. If you fail to do so, or if your acknowledgment does not state your intention to contest the proceedings, you will be deemed to admit the plaintiffs claim against the defendant and the defendant's claim against you and your liability to [indemnify the defendant or to contribute to the extent claimed or to stating the relief or remedy sought] and will be bound by any judgment or decision given in the action, and the judgment may be enforced against you in accordance with Order 16 of the Rules of the Supreme Court 1999.Dated the __________ day of ________, ________.(Signed)Attorney for the defendant.Important
Directions for acknowledgment of service are given with the accompanying form.No. 21 – Third party notice where question or issue to be determined (O. 16)
The defendant requires that the following question or issue, viz., [here state the question or issue required to be determined] should be determined not only as between the plaintiff and the defendant but also as between either or both of them and yourself.And take notice that [as in No. 20 down to the words "intention to contest the proceedings "] you will be bound by any judgment or decision in the action so far as it is relevant to the said question or issue, and the judgment may be enforced against you in accordance with Order 16 of the Rules of the Supreme Court 1999.Dated the ________ day of ________, ________(Signed)Attorney for the defendantImportant
Directions for acknowledgment of service are given with the accompanying form.No. 23 – Notice of payment into court (O. 22, rr. 1. 2)
Take notice that—The defendant ____________ has paid $______ into court.The said $________ is in satisfaction of [the cause of action] [all the causes of action] in respect of which the plaintiff claims [and after taking into account and satisfying the above-named defendant's cause of action for______________ in respect of which he counterclaims].orThe said $____ is in satisfaction of the following-causes of action in respect of which the plaintiff claims, namely ______, [and after taking into account as above].orOf the said $____, $______ is in satisfaction of the plaintiffs cause[s] of action for [and after taking into account as above] and $______ is in satisfaction of the plaintiffs cause[s] of action for ______ [and after taking into account as above].Dated the ______ day of ______, ______.No. 24 – Notice or acceptance of money paid into court (O. 22, r. 3)
Take notice that the plaintiff accepts the sum of $______ paid in by the defendant C. D. in satisfaction of the cause[s] of action in respect of which it was paid in and in respect of which the plaintiff claims [against that defendant] [and abandons the other causes of action in respect of which he claims in trus action].Dated the ______ day of ______, ______.No. 26 – Notice or acceptance of money paid into court (O. 22, r. 3)
List of documents
The following is a list of the documents relating to the matters in question in this action which are or have been in the possession, custody or power of the above-named plaintiff [or defendant] A. B. and which is served in compliance with Order 24, rule 2 [or the order herein dated the day of ______ day of ______, ______].1.The plaintiff [or defendant] has in his possession, custody or power the documents relating to the matters in question in this action enumerated in schedule l hereto.2.The plaintiff [or defendant] objects to produce the documents enumerated in part 2 of the said schedule l on the ground that [stating the ground of objection].3.The plaintiff [or defendant] has had, but has not now, in his possession, custody or power the documents relating to the matters in question in this action enumerated in schedule 2 hereto.4.Of the documents in the said schedule 2, those numbered ______ in that schedule were last in the plaintiff's [or defendant's] possession, custody or power on [stating when] and the remainder on [stating when].[Here state what has become of the said documents and in whose possession they now are}.5.Neither the plaintiff [or defendant], nor his attorney nor any other person on his behalf, has now or ever had, in his possession, custody or power any document of any description whatever relating to any matter in question in this action, other than the documents enumerated in schedules 1 and 2 hereto.Schedule 1
Part I
[Here enumerate in a convenient order the documents ( or bundles of documents, if of the same nature, such as invoices) in the possession, custody or power of the party in question which he does not object to produce, with a short description of each document or bundle si fficient to identtfy it.]Part 2
[Here enumerate as aforesaid the documents in the possession, custody or power of the party in question which he objects to produce.]Schedule 2
[Here enumerate as aforesaid the documents which have been, but at the date of service of the list are not, in the possession, custody or power of the party in question.]Dated the ______ day of ______, ______.Notice to inspect
Take notice that the documents in the above list, other than those listed in part 2 of schedule 1 [and schedule 2] may be inspected at [the office of the attorney of the above named [plaintiff] [defendant] (insert address) or as may be] on the ______ day of ______ between the hours of ______ and ______.To the defendant [or plaintiff] C. D. and his attorney.Served the ______ day of ______, by ______ of ______ attorney for [plaintiff] [defendant].No. 27 – Affidavit verifying list of documents (O. 24, r. 5)
I, the above-named plaintiff [or defendant) A, B., make oath and say as follows:—1.The statements made by me in paragraphs 1, 3 and 4 of the list of documents now produced and shown to me marked are true.2.The statements of fact made byme in paragraph 2 of the said list are true.3.The statements made by me in paragraph 5 of the said list are true to the best of my knowledge, information and belief.Sworn, etc.This affidavit is filed on behalf of the plaintiff [or defendant].No. 28 – Writ of subpoena (O. 38, r. 14)
Elizabeth the Second, by the Grace of God, of the United Kingdom of Great Britain and Northern Ireland and of Our other realms and territories Queen, Head of the Commonwealth, Defender of the Faith.To [names of witnesses] __________________We command you to attend at the sittings of the Supreme Court, Court House, Pond Street, Grand Turk, on the day fixed for the trial of the above-named cause, notice of which will be given to you, and from day to day thereafter until the end of the trial, to give evidence on behalf of the [plaintiff] or [defendant].Witness the Chief Justice of the Turks and Caicos Islands the ______day of ______, ______.Issued on the ______ day of ______, ______ by ______ [agent for] attorney for the etc.*lf duces tecum add: And we also command you to bring with you and produce at the place aforesaid on the day notified to you [here describe the documents or things to be produced.]No. 29 – Writ of subpoena: proceedings in chambers (O. 38, r. 14)
Elizabeth the Second [as in No. 28]To [names of witnesses] __________________We command you to attend before [Mr. Justice __________________] in chambers the Supreme Court, court house, pond street, Grand Turk on ______ day, the ______ day of ______, at ______ o'clock and so from day to day until your evidence shall have been taken, to give evidence on behalf of the [plaintiff] or [defendant] in the above-named cause [and we also command you to bring with you and produce at the time and place aforesaid describe the documents or things to be produced].Witness [as in No. 28].Issued [as in No. 28].No. 30 – Writ of subpoena issued under enactment (O. 8, r. 4)
In the matter of C. D. andIn the matter of the ____________ ordinanceElizabeth the Second [as in No. 28]To [name of witnesses] __________________We command you to attend before the ______ at ______ [address] on ______ day, the ______ day of ______, ______ at o'clock and so from day to day until the application in the above matter is heard, to give evidence on behalf of ______ [And we also command you to bring with you and produce at the time and place aforesaid describe documents or things to be produced].Witness [as in No. 28]Issued [as in No. 28]No. 31 – Summons for examination within jurisdiction of witness before trial (O. 39, r. 1)
[Heading as in cause or matter]
Let all parties concerned attend the judge in chambers the supreme court, court house, Pond street, Grand Turk on the ______ day of ______, at ______ o'clock on the hearing of an application on the part of ______ that A. B. a witness on behalf of the be examined forthwith before one of the Examiners of the Court [or an examiner to be agreed upon or the Registrar] upon the usual tenns, and that the costs of this application be [costs in the cause].Dated the ______ day of ______, ______.This summons was taken out by ______ of ______ attorney for the his attorney]. To the above named ______ [and ______.No. 32 – Order for examination within jurisdiction of witness before trial (O. 39, r. 1)
On hearing [the attorneys on both sides] and on reading the affidavit of filed herein the ______ day of ______, ______.It is ordered that ______ a witness on behalf of the ______ be examined viva voce on oath or affinnation before one of the examiners of the Court ______ [or ______ Esq., the examiner agreed upon or an examiner to be agreed upon or the Registrar]. the plaintiffs [or defendant's] attorney giving to the defendant's [orplaintiffs attorney] ______ days' notice in writing of the time and place where the examination is to take place [or state the time and place fixed by the order]. And it is ordered that the depositions taken at the examination be filed in the Registry of the Supreme Court, and that office copies thereof may be read and given in evidence on the trial of this cause, saving all just exceptions, without any further proof of the absence of the said witness than the affidavit of the attorney or agent of the party using the same, as to his belief, and that the costs of this application [and of the examination] be [costs in the cause].Dated the ______ day of ______.No. 33 – Summons for issue of letter of request to judicial authority out of jurisdiction (O. 39, r. 2)
Let all parties [as in No. 31J on the hearing of an application on the part of ______ for an order that a letter ofrequest shall issue to the proper judicial authority of ______ for the examination of E.F. and G.H. and other witnesses on the plaintiffs [or the defendant's] behalf at ______ in [name of country], and that the action be stayed until the return of the said letter of request and examination, and that the costs of and incidental to this application and the said letter of request and examination be costs in the cause.Dated, etc. [conclude at in No. 31].No. 34 – Order for issue of letter or request to judicial authority out of jurisdiction (O. 39, r. 2)
[Heading as in cause or matter]On hearing [as in No. 32].lt is ordered that a letter of request do issue directed to the proper judicial authority for the examination of the following witnesses, namely:E.F. of ______G.H. of ______And it is ordered that the depositions taken pursuant thereto when received be filed in the Registry of the Supreme Court and that office copies thereof may be read and given in evidence on the trial of this action, saving all just exceptions, without any further proof of the absence of the said witnesses than the affidavit of the attorney or agent of the party using the same as to his belief.And it is ordered that [the trial of this action be stayed until the said depositions have been filed and that] the costs of and incidental to the application for this order and the said letter of request and examination be [costs in the cause].Dated the ______ day of ______, ______.No. 35 – Letter of request for examination of witness out of jurisdiction (O. 39, r. 3)
To the competent judicial authority of ______ in the ______ of ______.I, Registrar of the Supreme Court of the Turks and Caicos Islands, respectfully request the assistance of your Court with regard to the following matters.1.An action is now pending in the Supreme Court of the Turks and Caicos Islands entitled as follows:—(Set out full title and Action No.)in which of ______ of ______ is plaintiff and ______ of ______ is defendant.2.The names and addresses of the representatives or agents of the parties are as follows:—3.The action concerns a claim by the plaintiff for:—(Set out(a)the nature of the proceedings,(b)the relief sought, and(c)a summary of the facts.)4.It is necessary for the purposes of justice and for the due determination of the matters in dispute between the parties that you cause the following witnesses, who are resident within your jurisdiction, to be examined. The names and addresses of the witnesses are as follows:-5.The witnesses should be examined on oath or if that is not possible within your laws or is impossible of performance by reason of the internal practice and procedure of your court or by reason of practical difficulties, they should be examined in accordance with whatever procedure your laws provide for in these matters.6.Either/The witnesses should be examined in accordance with the list of questions annexed hereto.Or/The witness should be examined regarding [set out full details of evidence sought.]NB. Where the witness is required to produce documents. these should be clearly identified.7.I would ask that you cause me, or the agents of the parties (if appointed), to be informed of the date and place where the examination is to take place.8.Finally, I request that you will cause the evidence of the said witnesses to be reduced into writing and all documents produced on such examinations to be duly marked for identification and that you will be further pleased to authenticate such examinations by the seal of your court or in such other way as is in accordance with your procedure and return the written evidence and documents produced to me addressed as follows:—The registrarsupreme courtthe court houspond streetGrand TurkNo. 36 – Summons for appointment of examiner tot ake evidence of witness out of jurisdiction (O.39. r.2)
Let all parties [as in No. 31] on the hearing of an application on the part of ______ for an order that [the British Consul at ______ in (name of country) or his deputy) [______ Esq be appointed as special examiner for the purpose of taking the examination, cross-examination, and re-examination, viva voce, on oath or affirmation, of ______ and ______, witnesses on behalf of the ______, at in name of country] on the usual terms and that the costs of and incidental to this application and the said examination be costs in the cause.Dated, etc. [conclude as in No. 31]No. 37 – Order for appointment of examiner to take evidence of witness out of jurisdiction (O. 39. r. 2)
On hearing the attorneys on both sides and on reading the affidavit of ______ filed the ______ day of ______, ______.It is ordered that the British Consul or his deputy at ______ [or ______ Esq.] be appointed as special examiner for the purpose of taking the examination, cross-examination and re-examination viva voce, on oath or affirmation, of ______ witnesses on the part of ______ at in [name of country].The examiner shall be at liberty to invite the attendance of the witnesses and the production of documents, but shall not exercise any compulsory powers. Otherwise such examination shall be taken in accordance with the English procedure.The ______ attorneys to give to the ______ attorneys days' notice in writing of the date on which they propose to send out this order to ______ for execution, and that days after the service of such notice the attorneys for the plaintiff and defendant respectively do exchange the names of their agents at ______ to ______ whom notice relating to the examination of the said witnesses maybe sent. And that days (exclusive of Sunday) before the examination of any witness hereunder notice of such examination shall be given by the agent of the party on whose behalf such witness is to be examined to the agent of the other party unless such notice be dispensed with. And that the depositions when taken, together with any documents referred to therein, or certified copies of such documents, or of extracts therefrom be sent by the examiner, under seal, to the Registrar, the Supreme Court, Court House, Pond Street, Grand Turk, Turks and Caicos Islands, on or before the day of ______ next, or such further or other day as may be ordered, there to be filed in the proper office. And that either party be at liberty to read and give such depositions in evidence on the trial of this action, saving all just exceptions. And that the trial of this action be stayed until the filing of such depositions. And that the costs of and incidental to the application for this order and such examination be costs in the cause.Dated the ______ day of ______, ______.No. 38 – Notice of motion (O. 8, r. 3)
Take notice that [pursuant to the leave of ______ given on the ______ day of ______, ______, the Court [or Mr. Justice ______] will be moved on the ______ day of ______, ______, at ______ o'clock, or so soon thereafter as counsel can be heard, [at the Court House, Pond Street, Grand Turk, Turks and Caicos Islands or wherever] by [Mr. ______ of ______] counsel for the above-named plaintiff [or defendant] that ______ and that the costs of the application be ______.Dated the ______ day of ______, ______.(signed)To ______, ______ Attorney for the ______ of ______, ______ [agent for of Attorney for the ______No. 39 – Default judgment in action for liquidated demand (O. 13, r. 1; O. 19, r. 2; O. 42, r. 1)
The __________ day of ____, ____No notice of intention to defend having been given [or no defence having been served] by the defendant herein, it is this day adjudged that the defendant do pay the plaintiff $______ and $______ costs [or costs to be taxed].[The above costs have been taxed and allowed at $________ as appears by the Registrar's certificate dated the __________ day of__________.]No. 40 – Default judgment in action for unliquidated damages (O. 13, r. 2; O. 19, r. 3; O. 42. r. 1)
The __________ day of ____, ____No notice of intention to defend having been given [or no defence having been served] by the defendant herein, it is this day adjudged that the defendant to pay the plaintiff damages to be assessed.The amount found due to the plaintiff under this judgment having been certified at $________ as appears by the [Registrar's certificate or as may be] filed the ________ day of ________.It is adjudged that the defendant to pay the plaintiff $________ and costs to be taxed.The above costs, etc. [as in No. 39]No. 41 – Default judgment in action relating to detention of goods (O. 13, r. 3; O. 19, r. 4; O. 42, r. 1)
The__________ day of ____, ________No notice of intention to defend having been given [or no defence having been served] by the defendant herein.It is this day adjudged that the defendant do deliver to the plaintiff the goods described in the writ of summons [or statement of claim] as [description of goods] or pay the plaintiff the value of the said goods to be assessed [and also damages for their detention to be assessed).It is this day adjudged that the defendant do pay the plaintiff the value of the goods described in the writ of summons [or statement of claim] to be assessed [and also damages for their detention to be assessed].The value of the said goods having been assessed at $______ [and damages at $______] as appears by the [Registrar's certificate or as may be] filed the ______day of ______, ______.It is adjudged that the defendant do pay the plaintiff $______ and costs to be taxed.The above costs, etc. [as in No. 39].No. 42 – Default judgment in action for possession of land (O. 13, r. 4; O. 19, r. 5; O. 42, 4. 1)
The ______ day of ______,________No notice of intention to defend having been given [or no defence having been served] by the defendant herein, it is this day adjudged that the defendant do give the plaintiff possession of the land described in the writ of summons [or statement of claim] as and pay the plaintiff $______ costs [or costs to be taxed].The above costs, etc. [as in No. 39)No. 42A – Order for possession under order 113(O. 113, r. 6)
Upon hearing ______ and upon reading the affidavit of ______ filed the ______ day of ______, ______it is ordered that the plaintiff A. B. do recover possession of the land described in the originating summons as ______ [and the defendant do give possession of the said land on] (and that the defendant ______ do pay the plaintiff $______ costs [or to be taxed].] The above costs, etc. [as in No. 39].Dated the ____ day of ____, ________No. 43 – Final judgment after assessment of damages, etc. (O. 42, r. 1)
The ____ day of ______, ________The plaintiff having on the ____ day of ____, ____obtained interlocutory judgment herein against the defendant for damages [or as may be] to be assessed, and the amount found due to the plaintiff having been certified at $____ as appears by the [Registrar's certificate or as may be] filed ____ the day of ____, ____.It is this day adjudged that the defendant do pay the plaintiff $____ and costs to be taxed.The above costs, etc. [as in No. 39].No. 44 – Judgment under order 14 (O. 14, r. 3; O. 42, r. 1)
The ____ day of ____, ____The defendant having given notice of intention to defend herein and the Court having under Order 14, rule 3 ordered that judgment as hereinafter provided be entered for the plaintiff against the defendant, It is this day adjudged that the defendant do pay the plaintiff$ and $ costs [or costs to be taxed).orPay the plaintiff damages to be assessed and costs [in the assessment] or as may be according to the Court ·s order.orDeliver to the plaintiff the goods described in the writ of summons [or statement of claim] as [or pay the plaintiff the value of the said goods to be assessed] [and also damages for their detention to be assessed] and costs [in the assessment) or as may he according to the Court's order.orGive the plaintiff possession of the land described in tbe writ of summons [or statement of claim] as and costs to be taxed.The above costs, etc. [as in No. 39].No. 45 – Judgment after trial before judge without jury (O. 42, r. 1)
Dated and entered the ____ day of ____, ____This action having been tried before the Honourable Chief Justice [Mr. Justice] without a jury, at the supreme Court of the Turks and Caicos Islands and the said Chief Justice [Mr. Justice ____, ____] having on the ____ day of ____, ____ordered that judgment as hereinafter provided be entered for the plaintiff [or defendant) [and directed that execution be stayed for the period and on the tenns hereinafter provided].It is adjudged that the defendant do pay the plaintiff $____ and his costs of the action to be taxed [or that the plaintiff do pay the defendant his costs of defence to be taxed or as may be according to the judge's order]. [It is further adjudged that execution be stayed for ____ days and if within that time the ____ gives notice of appeal and sets down the appeal, execution be further stayed until the determination of the appeal or as may be according to the judge's direction].The above costs, etc. [as in No. 39].No. 46 – Judgment after trial before judge with jury (O. 42, r. 1)
Dated and entered the ____ day of ____, ____.This action having been tried before the Honourable Chief Justice [Mr. Justice ______] with a jury and the jury having found [state findings as in Registrar's Certificate] and the said Chief Justice [Mr. Justice ______] having on the ______ day of ______,______ ordered that judgment as hereinafter provided be entered for [etc as in No. 45).No. 47 – Judgment after trial before master or referee (O. 42, r. 1)
Dated and entered the ______ day of ____, ____.This action by an order dated the ______ day of ______, ______ having been ordered to be tried before ______ as a Referee appointed by the Court, and the said Referee having tried the said action and having by his certificate dated the ______ day of ______,______ directed that judgment as hereinafter provided be entered for the plaintiff [or defendant].It is adjudged that [as in No. 45 according to the Referee's certificate]No. 48 – Judgment after decision of preliminary issue
Dated and entered the ______ day of ____, ____.The issue [or question] arising in this cause [or matter] by the order dated the ______ day of ______, ______ ordered to be tried before ______ having on the ____ day of ______, ______ been tried before the said ______ and the said ______ having found and having ordered that judgment as hereinafter provided be entered for the [or having dismissed the cause or matter].It is adjudged that [the defendant do pay the plaintiff $____ and his costs of action to be taxed] [the plaintiff do pay the defendant his costs of defence to be taxed] or as may be according to the order made.No. 49 – Judgment for liquidated sum against personal representative (O. 42, r.1)
Dated and entered the ______ day of ____, ____[Recital as in No. 39, 43-18 according to the circumstances in which judgment was obtained.]It is adjudged that the defendant as executor [or administrator] of the above-name deceased do pay the plaintiff $______ and costs to be taxed, the said sum and costs to be levied of the real and personal estate of the deceased at the time of his death come to the hands of the defendant as such executor [or administrator] to be administered, if he has or shall hereafter have so much thereof in his hands to be administered, and if he has not so much thereof in his hands to be administered, then, as to the costs aforesaid, to be levied of the goods, chattels and other property of the defendant authorised by law to be seized in execution [or as may he according to the order made].The above costs, etc. [as in No. 39].No. 50 – Judgment for defendant's costs on discontinuance (O. 45, r. 15)
The ______ day of ____, ____The plaintiff having by a notice in writing dated the ______ day of ______, ______ discontinued this action [or/ /withdrawn his claim in this action for ______] and the defendant's costs of the action [or// of the claim withdrawn] having been taxed and allowed at $ ______ as appears by the Registrar's certificate dated the ______, day of ______, ______ and the plaintiff not having paid the sum within 4 days after taxation.It is this day adjudged that the plaintiff do pay the defendant $______ the said taxed costs.No. 51 – Judgment for costs after acceptance of money paid into court (O. 45,r. 15)
The ______ day of ____, ____The defendant having paid into court in this action the sum of $______ in satisfaction of the plaintiff's cause(s) of action [or satisfaction of the plaintiffs cause of action for ______] and the plainiff having by his notice dated the ______ day of ______, accepted that sum in satisfaction of his cause(s) of action [or in satisfaction of his cause of action for ______ and abandoned his other cause(s) of action] and the plaintiff's costs herein having been taxed and allowed at $______ as appears by the Registrar's certificate dated the ______ day of ______, ______ and the defendant not having paid the sum within 4 days after taxation, It is this day adjudged that the defendant do pay the plaintiff $______ the said taxed costs.No. 52 – Notice of action (O. 15, r. 13A)
Take notice that:(1)An action has been begun in the Supreme Court in accordance with the [writ of summons] [originating summons] attached hereto.(2)You are or may be one of the persons who are interested in the [estate] [trust property] to which the action relates.(3)You may within 14 days after service of this notice acknowledge service of the [writ] [originating summons) by properly completing the attached acknowledgment and handing it in at the Registry of the Supreme Court, Court House, Pond Street, Grand Turk and thereby become a party to the action.(4)If you do not acknowledge service of the [writ] [originating summons] you wil1 be bound by any judgment given in the action as if you were a party to it.Dated to signed ____________No. 52A – Notice of judgment or order (O. 44, r. 2)
Take notice that a judgment [or order] of this Court was given [or made] on the ______ day ______, ______ by which it was [state substance of judgment or order].And also take notice that from the time of the service of this notice you [or the infant ______ or the patient ______ as may be] will be bound by the said judgment [or order] to the same extent as you [or he] would have been if you [or he] had originally been made a party.And also take notice that you [or the said infant or patient] may within one month after the service of this notice apply to the Court to discharge, vary or add to the said judgment [or order] and that after acknowledging service of this notice at the Registry of the Supreme Court, Court House, Pond Street, Grand Turk you [or the said infant or patient] may attend the proceedings under the said judgment [or order].Dated the ____ day of ______, ______.To ______ (signed) ______No. 53 – Writ of search and seizure (O. 45, r. 12)
Elizabeth the second, by the Grace of God, of the United Kingdom of Great Britain and Northern Ireland and of Our other realms and territories Queen, Head of the Commonwealth Defender of the Faith.To the Bailiff of the Supreme Court, greeting:Whereas in the above-named action it was on the ______ day of ______, ______ adjudged [or ordered] in this Court that the defendant C. D. do pay the plaintiff A. B. $______ [and $______ costs or costs to be taxed which costs have been taxed and allowed at $______ as appears by the certificate of the Registrar dated the day of ______,______]:We command you that of the goods, chattels and other property of C. D. authorised by law to be seized in execution you cause to be made the sum[s] of $______ [and $______ for costs of execution] and also interest on $ at the rate of $ per cent per annum from the ______ day of ______, ______ until payment together with bailiffs fees, costs of levying and all other legal, incidental expenses and that immediately after execution of this writ you pay A. B. in pursuance of the said judgment [or order] the amount levied in respect of the said sums and interest.And we also command you that you indorse-on this writ immediately after execution thereof a statement of the manner in which you have executed it and send a copy of the statement to A. B.Witness the chief justice of the Turks and Caicos Islands, the ______ day of ______, ______This writ was issued by ______ of ______ [agent for ______ of ______ ] attorney for ______ [or this writ was issued by A. B. the plaintiff in person] who resides at The defendant resides (or as the case may be) at______No. 54 – Writ of search and seizure on order for costs (O. 45, r. 12)
Elizabeth the second [as in No. 53).To the Bailiff of the Supreme Court, greeting:Whereas in the above-named cause [or matter] it was on the______ day of______,______ ordered in this Court that the______ C. D. do pay______ the A. B. costs [to be taxed, which costs have been taxed and allowed at]______ $______ [as appears by the Registrar's certificate dated the______ day of______,______]We command you that of the goods, chattels and other property of C. D. authorised by law to be seized in execution you cause to be made the sum of $______ and $______ for costs of execution, and also interest on $______ at the rate of $______ per cent per annum from the__________day of______,______until payment together with bailiffs fees, costs of levying and all other legal incidental expenses and that immediately after execution of this writ you pay A. B. in pursuance of the said order the amount levied in respect of the said sum and interest.And we also [as in No. 53].Witness [as in No. 53].This writ [as in No. 53].No. 56 – Writ of search and seizure after levy of part (O. 45, r.12)
Elizabeth the second [as in No. 53]To the Bailiff of the Supreme Court, greeting:Whereas [as in No. 53]And whereas by our writ issued the __________ day of ____,______ we commanded you that of the goods, chattels and other property of C. D. you should cause to be made the sums of $________ and $__________ for costs of execution and also interest on $__________per cent per annum from the __________ day of ________,________ until payment and should pay A. B. in pursuance of the said judgment [or order] the amount levied in respect of the said sums and interest and should indorse on the writ a statement of the manner in which you [or he] had executed it and send a copy of the statement to A. B. And whereas the indorsement of the said writ states that by virtue thereof you caused to be made of the property aforesaid the sum of $______.We command you that of the goods, chattels and other property of C. D, authorised by law to be seized in execution you cause to be made the sum of $__________, the residue of the said $ __________, and $ __________for costs of execution and also interest on $ __________ at the rate of $__________ per cent per annum from the __________ day of __________, __________ until payment [continue as in No. 53]No. 57 – Writ of search and seizure against personal representative (O. 45, r. 12)
Elizabeth the Second [as in No. 53).To the Bailiff of the Supreme Court, greeting.Whereas in the above-named action it was on the __________ day of ________, ________ adjudged [or ordered] that the defendant C. D. as executor [or administrator] of E. F. deceased do pay the plaintiff A. B. $________ and $______ costs [or costs to be taxed which costs have been taxed and allowed at $________ as appears by the certificate of the Registrar dated the ________ day of ________, ________], the said sums and interest to be levied of the real and personal estate of the said E. F. at the time of his death in the hands of the defendant C. D. as his executor [or administrator] to be administered if he had or should thereafter have so much thereof in his hands to be administered, [and ifhe had not then the said costs to be levied of the goods, chattels and other property of the defendant C. D. authorised by law to be seized in execution]:We command you that of the real and personal estate of E. F. deceased, at the time of his death, and in the hands of C.D. as his executor [or administrator] to be administered you cause to be made the sums of $________ and $________ for costs of execution and also interest on $________ at the rate of $________ [insert /he appropriate rateof interest at date of entry of judgment] per annumfrom the ________ day of ________, ________ until payment [together with bailiffs fees, cost of levying and all other legal incidental expenses] [and if the said C. D. has not so much thereof in his hands to be administered that you cause to be made of the goods, chattels and other property of C.D. in your county authorised by law to be seized in execution the sum of $ ________for costs] and that immediately after execution of this writ you pay A. B. in pursuance of the said judgment [or order] the amount levied in respect of the said sums and interest. And we also command you [remainder as in No. 53].No. 64 – Writ of delivery: delivery of goods, damages and costs (O. 45, r. 12)
Elizabeth the Second [as in No. 53].To the Bailiff of the Supreme Court, greeting:Whereas in the above-named action it was on the ________ day of ________, ________ adjudged [or ordered] that the defendant C. D. do deliver to the plaintiff A. B. the following goods, namely [describe the goods delivery of which has been adjudged or ordered] [and & S damages] and $________ costs [or//costs to be taxed, which costs have been taxed and allowed at $________ as appears by the certificate of the Registrar dated the________ day of ________, ________]:We command you that you cause the said goods to be delivered to A. B. and that of the goods chattels and other property of C. D. authorised by law to be seized in execution you cause to be made the sums of $________ and $________ for costs of execution and also interest on $________ at the rate of $________ [insert the appropriate rateof interest at date of entry of judgment] per annum from the ________ day of ________, ________ until payment together with bailiffs fees, costs of levying and all other legal incidental expenses and that immediately after execution of this writ you pay A. B. in pursuance of the said judgment]] [or order] the amount levied in respect of the said sums and interest.And we also command that you indorse [remainder as in No. 53].No. 65 – Writ of delivery: delivery of goods or value, damages, costs (O. 45, r. 12)
Elizabeth the Second [as in No. 53].To the Bailiff of the Supreme Court, greeting:Whereas in the above-named action it was on the ______ day of ______, ______ adjudged [or ordered] that the defendant C.D. do deliver to the plaintiff A.B. the following goods, namely [describe the goods delivery of which has been adjudged or ordered] or do pay him $______ being the assessed value of the said goods, [and $______ damages] and $______, costs [or costs to be taxed, which costs have been taxed and allowed at $______ as appears by the certificate of the Registrar dated the ______ day of ______, ______.]We command you that you cause the said goods to be delivered to A. B. and that if possession of the said goods cannot be obtained by you, you cause to be made of the goods, chattels and other property of C. D. authorised by law to be seized in execution $______ the assessed value of the said goods to pay it to A. B.And we also command you that of the said property of C.D. you cause to be made the sums of $______ for [damages and] costs and $______ for costs of execution and also interest on $______ at the rate of $______ [insert the appropriate rate of interest at date of judgment] per annum from the______ day of ______, ______until payment together with bailiffs fees, costs of levying and all other legal incidental expenses and that immediately after execution of this writ you pay A.B. in pursuance of the said judgment [or order] the amount levied in respect of the said sums and interest.And we also command you that you indorse [remainder as in No. 53].No.66 – Writ of Possession (O. 45, r. 12)
Elizabeth the Second [as in No. 53].To the Bailiff of the Supreme Court, greeting:Whereas in the above-named action it was on the ______ day of ______, ______ adjudged [or ordered] that the defendant C. D. do give the plaintiff A. B. possession of [describe the land delivery of which has been judged or ordered in your county] and do pay him [$______ and] $______ costs [or costs to be taxed, which costs have been taxed and allowed at $______ as appears by the Registrar's certificate dated the __________, day of ______, ______.]We command you that you enter the said land and cause A. B. to have possession of it. And we also command you that of the goods, chattels and other property [remainder as in No. 53}No. 66A – Writ of possession under order 113 (O. 113. r. 7)
Elizabeth the Second [as in No. 53]To the Bailiff of the Supreme Court, greeting:Whereas it was on the ________ day of ________, ________ ordered that the plaintiff A. B. do recover possession of [describe the and recovery of which has been ordered} [and that the defendant C. D. do pay him $________ costs [or costs to be taxed, which costs have been taxed and allowed at $________ as appears by the Registrar's certificate dated the ________ day of ________,________];We command you that you enter the said land and cause A. B. to have possession of it.[And we also command you that of the goods, chattels and other property [remainder as in No. 531]No. 67 – Writ of sequestratton (O. 45, r. 12)
Elizabeth the Second [as in No. 53).TO [names of Collector or Collectors] greeting:Whereas in the above-named action [or matter] in our Supreme Court it was on the ________ day of ________, ________ adjudged [or ordered] that C. D. should [pay into Court the sum of $________ or as may be]:Know ye, therefore, that we, m confidence of your prudence and fidelity, do by this writ authorise and command one or more of you to enter upon and take possession of all the real and personal estate of the said C. D. and to collect, receive and get into your hands the rents and profits of his real estate and all his personal estate and keep the same under sequestration in your hands until the said C. D. shall [pay into Court to the credit of the said action or matter the sum of $________ or as may be] and clear his contempt and our said Court make other order to the contrary.Witness [as in No. 53].This writ was issued [as in No. 53].No. 68 – Writ or restitution (O. 46. r. I)
Elizabeth the Second [as in No. 53].To the Bailiff of the Supreme Court, greeting:Whereas in the above-named action it was on the ________ day of ________, ________ adjudged [or ordered] that the defendant C. D. do give the plaintiff A. B. possession of [describe the land delivery of which was adjudged or ordered]:And whereas on the ________ day of ________, ________ a writ of possession was issued pursuant to the said judgment [or order] directing you to give possession of the said land to the said A. B., but it appearing to our Supreme Court that certain other persons have wrongfully taken possession of the said land1lnd our said Court having on the ________ day ________ of ________, ordered that a writ of restitution should be issued in respect of the said land:We command you that you enter the said land and cause A. B. to have restitution thereof.And we also command you that you indorse [remainder as in No. 53).No. 69 – Writ of assistance(O. 46. r. I)
Elizabeth the Second [as in No. 53].To the present and any future Bailiff of the Supreme Court, greeting:Whereas by an order dated the ________ day of ________, ________ made in an action in our Supreme Court between A. B., plaintiff, and C. D., defendant, the said C.D. was ordered to give to the said A. B. possession of the land [or goods] therein described, namely [describe the land or goods], but he the said C. D. and other persons have refused to obey the order and keep the possession of the land [or goods] in contempt of us and our said Court:And whereas by an order made in the said action dated the ________ day of ________, ________it was ordered that a writ of assistance should issue to give the said A. B. possession of the said land [or goods]:We command you that you [enter the said land and eject the said C.D., his tenants, servants and accomplices, each and every of them, from the said land and every part thereof and put the said A. B. and his assigns into fuJl, peaceable and quiet possession thereof] [or put the said A. B. and his assigns into full, peaceable and quiet possession of the said goods] and defend and keep him and his assigns in such peaceable and quiet possession, when and as often as any interruption thereof is at any time effected, according to the intent of the said orders. And herein you are not in any wise to fail Witness [as in No 53).This writ [as in No. 53]No. 71 – Notice of renewal of writ of execution (O. 46, r. 8)
Take notice that the writ of ________ issued in this cause [or matter] directed to the bailiff and bearing date the ________ day of ________, ________ has by order dated the ________ day of ________, ________ been renewed for one year beginning with the ________ date of the said order.To the bailiff of the supreme court(Signed)attorney for________No. 72 – Garnishee order to show cause (O. 49. r. 1)
In the Supreme Court of __________________ [Year] ________ No. ________
In the Turks and Caicos Islands
Mr. Justice______________[Judge in Chambers]BetweenA.B. - Judgment creditorandC.D. - Judgment debtorF.G. - GarnisheeUpon reading the affidavit of ______________ filed the ______ day of ______, ______.It is ordered by [Mr. Justice ______] that all debts due or accruing due from the abovementioned garnishee to the above-mentioned judgment debtor [in the sum of $______] be attached to answer a judgment recovered against the said judgment debtor by the above-named judgment creditor in the Supreme Court on the ______ day of ______, ______ the sum [or to answer an order made in the Supreme Court on the ______ day of ______, ______, ordering payment by the said judgment debtor to the above-named judgment creditor of the sum] of $______ [debt and $______ costs] (together with the costs of the garnishee proceedings) on which judgment [or order] the sum of $______remains due and unpaid.And it is ordered that the said garnishee attend Mr. Justice ______ in Chambers the Supreme Court, Court House, Pond Street, Grand Turk, [or as may be] on the ______ day of ______, ______, ______ at o'clock, on an application by the said judgment creditor that the said garnishee do pay to the said judgment creditor the debt due from the said garnishee to the said judgment debtor, or so much thereof as may be sufficient to satisfy the said judgment [or order], together with the costs of the garnishee proceedings. [Add where appropriate The name and address of the branch of the garnishee institution at which the debtor's account is believed to be held is ______. The number of that account is believed to be ______].Dated the ______ day of ______, ______.To the above-named garnishee and Judgment debtor.No. 73 – Garnishee order absolute where garnishee owes more than a judgment debt (O. 49, rr 1-4)
Upon hearing the attorneys for the judgment creditor and the garnishee, and upon reading the affidavit of ______ filed herein, and the order to show cause made herein dated the ______ day of ______, ______, whereby it was ordered that all debts due or accruing due from the above-named garnishee to the above-named judgment debtor should be attached to answer a judgment recovered against the said judgment debtor by the above-named judgment creditor in the Supreme Court on the ______ day of ______, ______ for the sum ______[or to answer an order made in the Supreme Court dated the ______ day of ______, ordering payment by the said judgment debtor to the above-named judgment creditor of the sum] of [debt and$ costs] (together with the costs of the garnishee proceedings) on which judgment [or order] the sum of $____________ remained due and unpaid:It is ordered that the said garnishee do forthwith pay to the said judgment creditor $______ being so much of the debt due from the said garnishee to the said judgment debtor as is sufficient to satisfy tl1e said judgment debt and costs, together with $______ the costs of the garnishee proceedings, and that the said garnishee be at liberty to retain $______ for his costs of this application out of the balance of the debt due from him to the judgment debtor.Dated the ______ day of ______, ______.No. 74 – Garnishee order absolute where garnishee owes less than Judgment debt (O. 49, rr. 1, 4)
Upon hearing [as in No. 73]It is ordered that the said garnishee (after deducting therefrom $______ for his costs of this application) do forthwith pay to the said judgment creditor $______ the debt due from the said garnishee to said judgment debtor. AJ1d that the sum of $______ the costs of the judgment creditor of this application be added to the judgment debt and be retained out of the money recovered by the said judgment creditor under this order and in priority to the amount of the judgment debt.Dated the ______ day of ______, ______No. 82 – Summons for appointment of receiver (O. 51, r. 3)
Let the defendant C. D. attend the [Judge in chambers at the Supreme Court, Court House, Pond Street, Grand Turk] on the ______ day of ______, ______ at ______ o'clock on the hearing of an application on the part of the plaintiff for an order that a receiver be appointed [or that P. R. be appointed receiver]-in this action to receive the rents, profits and moneys receivable in respect of the interest of the defendant C. D. in the following property, namely [describe the property] in or towards satisfaction of the moneys and interest due to the plaintiff under the judgment [or order] in this action dated the ______ day of ______, ______ and for an order as to the costs of this application.Dated the ______ day of ______, ______This summons was taken out by ______ of ______To the above named ______ [and his attorney].No. 83 – Order directing summons for appointment of receiver and granting injunction meanwhile (O. 51, r. 3)
Upon reading the affidavit of ______ filed the ______ day of ______, ______Let the defendant C. D. attend the [Judge in chambers at the Supreme Court, Court House, Pond Street, Grand Turk] on the ______ day of ______, ______ at ______ o'clock on the hearing of an application on the part of the plaintiff for the appointment of P. R. as receiver in this action, on the usual terms, to receive the rents, profits and moneys receivable in respect of the said defendant's interest in the following property, namely [describe the property] in or towards satisfaction of the sum of $______ debt and $______ costs, and interest on the said sums at the rate of $______ [nsert the appropriate rule of interest at date of entry of judgment] per annum from the ______ day of ______, ______ due under the judgment] [or order] in this action dated the ______ day of ______,______.And the plaintiff [by his attorney] hereby undertaking to abide by any order the Court may hereafter make should it decide that the said defendant has sustained damage by reason of this order and is entitled to damages which the plaintiff ought to pay, it is ordered that the said defendant by himself, his agents or servant,. or otherwise, be restrained, and an injunction is hereby granted restraining him, until after the hearing of the above application, from assigning charging or otherwise dealing with the said property.Dated the ______ day of ______, ______.No. 84 – Order appointing receiver byway of equitable execution (Supreme Court Act 1981, s. 37; 0. 51)
Upon hearing ______ and upon reading the affidavit of ______ filed the ______ day of ______, ______;[If no security ordered and receiver is not the plaintiff] The plaintiff being answerable for the acts and defaults of the receiver, it is ordered that P.R. of______ be ______and ______is hereby appointed to receive [continue as above] but he shall not receive more than the amount of the judgment debt and allowed costs of obtaining this order without leave of the Court or first giving (at the plaintiff's cost unless otherwise ordered) the usual security to the satisfaction of the Registrar.[If no security ordered and receiver is not the plaintiff] The plaintiff being answerable for the acts and defaults of the receiver, it is ordered that P.R. of be and is hereby appointed to receive [continue as above] but he shall not receive more than the amount of the judgment debt and allowed costs of obtaining this order without leave of the Court or first giving (at the plaintiffs cost unless otherwise ordered) the usual security to the satisfaction of the Registrar.[If no security ordered and receiver is the plaintiff: as above omitting "the plaintiff being answerable for the acts and defaults of the receiver" and the words after "the Court".][In all cases continue as follows]That this appointment shall be without prejudice to the rights of any prior incumbrancers upon the said property who may think proper to take possession of or receive the same by virtue of their respective securities or, if any prior incumbrancer is in possession, then without prejudice to such possession.And that the tenants of premises comprised in the said property to attorn and pay their rents in arrears and growing rents to the receiver.And that the receiver have liberty, if he shall think proper (but not otherwise), out of the rents, profits and moneys to be received by him to keep down the interest upon the prior incumbrances, according to their priorities, and be allowed such payments, if any, in passing his accounts.And that the receiver shall on the ______ day of ______, ______ [3months after the date of order], and at such further and other times as may be ordered by the Registrar leave and pass his accounts, and shall on the ______ day of ______, ______ [4 months after the date of order], and at such further and other times as may be hereafter ordered by the Registrar pay the balance or balances appearing due on the accounts so left, or such part thereof as shall be certified as proper to be so paid such sums to be paid in or towards satisfaction of what shall for the time being be due in respect of the judgment signed on the ______ day of ______, ______ for the sum of $______ debt and $______ costs, making together the sum of $______.And that the costs of the receiver (including his remuneration), the costs of obtaining his appointment, of completing his security (if any), of passing his accounts and of obtaining his discharge shall not exceed 10 percent of the amount due under the said judgment or the amount recovered by the receiver, whichever is the less, provided that not less than $ 50 be allowed unless otherwise ordered. Such costs shall be taxed unless assessed by the Registrar and shall be primarily payable out of the sums received by the receiver, but if there shall be no sums received or the amount shall be insufficient, then upon the certificate of the Registrar being given stating the amount of the deficiency, such certificate to be given after passing the final account, the amount of the deficiency so certified shall be paid by the defendant to the plaintiffIt is also ordered that the balance (if any) remaining in the hands of the receiver after making the several payments aforesaid shall unless otherwise directed by the Registrar forthwith be paid by the receiver into court to the credit of this action, subject to further order.And that any of the parties be at liberty to apply to the Registrar in chambers as there may be occasion.Dated the ______ day of ______, ______.No. 85 – Order of committal (O. 52)
Upon motion this day made unto this court by counsel for the plaintiff and upon reading [an affidavit of filed the ____ day of ____, ____ of service on the defendant C.D. of a copy of the order of the Court dated the ____ day of ____,______ and of notice of this motion]And it appearing to the satisfaction of the Court that the defendant C. D. has been guilty of contempt of court in [state the contempt]:It is ordered that for his said contempt the defendant do stand committed to Her Majesty's Prison in Grand Turk for a period of [state the period] from the date of his apprehension. [It is: further ordered that this order shall not be executed if the defendant C.D. complies with the following terms, namely,____.)Dated the ____ day of ____, ______No. 86 – Notice of motion for Judicial review (O. 53, r. 5)
In the Supreme Court of __________________ [Year] ________ No. ________
In the turks and caicos islands
In the matter of an application for judicial review andIn the matter ofTake Notice that pursuant to the leave of the Honourable Mr. Justice given on the __________ day of ____________, ____________ the Court will be moved as soon as counsel can be heard on the applicant's behaJf for an order for relief in the terms, and on the grounds, set out in Form 86A, herewith.And that the costs of and occasioned by this motion be nd take notjce that on the hearing of this motion the applicant will use the affidavjt and exhibits copies of which accompany this notice.[And also take notice that the Honourable Mr. Justice ____________ by order dated the ____________day of ____________, ____________directed that all proceedings in [or on] the said ____________be stayed until after the hearing of this motion or further order].Dated the ____________ day of ____________,____________.(Signed)____________ofAttorney for____________To attorney for____________Important
Any respondent who intends to use an affidavit at the hearing should inform the Registry of his intention within 10 days of the service of this notice. Any such affidavit must be filed in the Registry as soon as practicable and in any event within 56 days of service.No. 86A – Notice of application for leave to apply for judicial review (O. 53, r. 3)
In the Supreme Court of __________________ [Year] ________No. ________
In the Turks and Caicos Islands
To the Registrar, Supreme Court, Court House, Pond Street, Grand Turk| Name, address and description of applicant(s) | |
| Judgment, order, decision or other proceeding in respect of which relief is sought | |
| Name and address of applicant's attorneys, or, if no attorneys acting, the address for service of the applicant |
Grounds on which relief is sought
(If there has been any delay, include reasons here)Note-Grounds must be supported by an affidavit which verifies the facts relied on.No. 87 – Notice of motion for writ of Habeas ad subjicjendum(O. 54, r. 2)
In the Supreme Court of __________________ [Year] ________ No. ________
In the Turks and Caicos Islands
In the matter of A.B.andIn the matter of an application for a writ of habeas corpus ad subjiciendumTake notice that pursuant to the direction of the Honourable Mr. Justice ____________ the Supreme court will be moved on the ____________ day of ____________, ____________ or so soon thereafter as counsel can be heard on behalf of A. B. for an order that a writ of habeas c01pus do issue directed to ____________ to have the body of the said A. B. before the Supreme Court at such time as the Court or judge may direct upon the grounds set out in the affidavits of the said A. B. and ____________ and the exhibits therein respectively referred to used on the application to the Honourable Mr. Justice ____________ for such order, copies of which affidavits and exI1ibits are served herewith.And that the costs of and occasioned by this motion be the applicant's to be taxed and paid by the respondents to the applicant.And take notice that on the hearing of this motion the said A. B. will use the affidavits of himself and the said ____________ and the exhibits therein referred to.Dated the __________ day of ____________, ____________(Signed) ofAttorney for____________ToAttorney for____________No. 88 – Notice directed by court of adjourned application for writ of /habeas corpus (O. 54, r. 2)
Take notice that an application for the above writ was made to the Supreme Court of the Turks and Caicos Islands [or to the Honourable Mr. Justice __________] in the above matter on the __________ day of __________, ________when the said application was adjourned so that notice could be given to you.Notice is hereby given to you that the said application will be made to the supreme court [or to the Honourable Mr. Justice __________] on the __________ day of __________, __________ at __________ o'clock,Dated the __________ day of ____________, ____________(Signed) ofAttorney for____________ToAttorney for____________No.89 – Writ of habeas corpus ad subjiciendum (O. 54, r. 10)
Elizabeth the Second[as in No. 53].To the Prisons Superintendent greeting:We command you that you have in the Supreme Court, Court House, Pond Street, Grand Turk, on the day and at the time specified in the notice served with this writ, the body of A.B. being taken and detained under your custody as is said, together with the day and cause of his being taken and detained, by whatsoever name he may be called therein, that Our Court [or Judge] may then and there examine and determine whether such cause is legal, and have you there then this writ.Witness the Chief Justice of the Turks and Caicos Islands the ____________ day of ____________, ____________IndorsementBy order of court [or of Mr. Justice____________]This writ was issued by of attorney for ____________No. 90 – Notice to be served with writ of habeas corpus ad subjiciendum (O. 54, r. 6)
In the Supreme Court of the Turks and Caicos Islands[If in a cause already begun, here insert the title, not otherwise]Whereas this Court [or the Honourable Mr. Justice ____________ ] has granted a writ of habeas corpus directed to __________ [or other person having the custody of ____________ if so] commanding him to have the body of A.B. before the said Court [or before a judge in chambers] at the Supreme Court, Court House, Pond Street, Grand Turk, on the day and at the time specified in the notice together with the day and cause of his being taken and detained.Take notice that you are required by the said writ to have the body of the said A. B. before this court [or before the judge aforesaid] on the ____________ day of ____, ______ at ____________ o'clock and to make a return to the said writ. In default thereof the said Court will then, or so soon thereafter as counsel can be heard, be moved to commit you to prison for your contempt in not obeying the said writ [or if in vacation application will then be made to one of the judges of the saitl Court for a warrant for your arrest in order that you may be held to bail to answer for your contempt in not obeying the said writ].Dated the __________ day of ____________, ____________(Signed) ofAttorney for____________ToAttorney for____________No. 91 – Writ of habeas corpus ad testificandum(O. 54, r. 10)
Elizabeth the Second [as in No. 53].To the Prisons Superintendent greeting:We command you that you have before [description of court] on the ____________ day of ____________,____________ at ____________ the body of ____________, being committed and detained in Our prison under your custody, as is said, then and there to testify the truth and give evidence [on Our behalf against A. B. for (describe the offence) or otherwise describing the proceedings}, and so from day to day until the said shall have given his evidence as aforesaid. And when he shall have given his evidence, then you take him back without delay to Our said prison under your custody and cause him to be detained therein under safe custody, until be shall be from thence discharged by due course of law.Witness [as in No. 89]IndorsementBy order of court [or of Mr. Justice ____________]This writ was issued by ____________ of ____________ attorney for ____________No. 92 – Writ of habeas corpus Ad respondendum//(O. 54, r. 10)
Elizabeth the Second [as in No. 53].To the Prisons Superintendent greeting:We command you that you have before [description of court] on the ________ day of ________, ________ at ____________ o'clock the body of ____________ being committed and detained in Our prison under your custody, as is said, together with the day and cause of his being taken and detained, by whatsoever name he may be called, then and there to answer to a charge of________to be then and there made against him and so from day to day until he shall have answered the said charge, and to be dealt with according to law. And have you then and there this writ.Witness [as in No. 89).Indorsement[As in No. 91]No. 93 – Order under the evidence (Proceedings in Other Jurisdictions) Act 1975 (O. 70, r. 1)
In the Supreme CourtTurks and Caicos IslandsIn the matter of the Evidence (Proceedings in Other Jurisdictions) Act 1975 as extended to the Turks and Caicos IslandsandIn the matter of a civil [or commercial or criminal] proceeding now pending [or contemplated] before [description of court or tribunal] entitled as follows:—[give title of proceedings in foreign court or tribunal or stale in proceedings contemplated between plaintiff and ________ defendant].Upon reading the affidavit of ________ filed the ________ day of ________, ________ and the request exhibited thereto and it appearing that proceedings are pending [or contemplated] in the [description of foreign court or tribunal} in [name of country} and that such court wishes to obtain the testimony of [name of witness].It is ordered that the said witness ________ do attend before [name and address of examiner] who is hereby appointed examiner herein, at [place appointed for examination]on the ________ day of ________, ________ at ________ o'clock, or such other day and time as the said examiner may appoint, and do there submit to be examined [upon oath or affirmation], touching the testimony so required as aforesaid and do then and there produce [description of documents, if any, to be produced].It is also ordered that the said examiner do take down or cause to be taken down in writing the evidence of the said witness according to the rules and practice of the Supreme Court of the Turks and Caicos Islands pertaining to the examination and cross-examination of witnesses [or as may be otherwise directed] and do request the said witness [or each and every witness] to sign his deposition in the said examiner's presence and do sign the depositions taken in pursuance of this Order, and when so completed do send them together with this order and the request, to the Registrar' the Supreme Court, Court House, Pond Street, Grand Turk for transmission to the court desiring the evidence of the said witness.No. 95 – Certificate of order against the crown (O. 77, r. 15)
By a judgment [or order] of this Court dated the ________ day of ________, ________ it was adjudged [or ordered] that [give particulars of the judgment or order].I hereby certify that tbe amount payable to ________ by ________ in pursuance of the said judgment [or order] is $________[together with interest thereon at the rate of $________ per cent per annum until payment and together with costs which have been taxed and certified by the Registrar at $________. Interest is payable on the said costs at the rate of $________ per cent per annum from the ________ day of ________, ________ until payment].[This certificate does not include the amount payable under the said judgment or order in respect of costs).Dated the ________ day of ________, ________.(Signed)______,______No. 96 – Certificate of order for costs against the crown (O. 77, r.15)
By a judgment [or order] of this Court dated ________ the day of ________, ________it was adjudged [or ordered] that [give particulars of the judgment or order.I hereby certify that the costs payable to ______ by ______ in pursuance of the said judgment [or order] have been taxed and certified by the Registrar at $______ [and interest is payable thereon at the rate of $______ per cent per annum from the ______ day of ______, ______ until payment].Dated the ______ day of ______,______(Signed)__________No. 97 – Summons to grant bail (O. 79,r.9)
In the Supreme CourtTurks and Caicos IslandsLet all parties concerned attend the chief justice in chambers on the ______ day of ______, ______at ______ o'clock on the hearing of an application on behalf of A.B. to be granted bail as to his commitment on the ______ day of ______, ______ magistrates' court sitting at ______Dated the ______ day of ______, ______.This summons was taken out by ______ of ______ [agent for ______ of] attorney for the said A. B.No. 97A – Summons to vary arrangements for bail in aa criminal proceedings(O. 79, r. 9)
In the Supreme CourtTurks and Caicos IslandsLet all parties concerned attend the chief justice in chambers on the ______day of ______, ____at ______ o'clock on the hearing of an application [on behalf of A.B.] [by ______] that the terms on which A. B. was granted bail by ______ on should be varied as follows—Terms on which A. B. was granted bail—Proposed variation—Dated the ______ day of ______, ______This summons was taken out by [ ______ of ______ ] [agent for ______ of ______ [attorney for ______ of ______ attorney for the said A. B.] ______ [as prosecutor) [a constable] of ______ of Police Force]].No. 98 – Order of chief justice to release prisoner on bail (O. 79. r. 9)
In the supreme CourtTurks and Caicos IslandsThe honourable chief justiceWhereas on the ______ day of ______, ______ [state the circumstances in which the applicant was remanded in custody as. for example, A. B. was remanded in custody or A.B. was convicted by a magistrates court sitting at ______ of ______ and sentenced to and the said A.B. has given notice of appeal to the Supreme Court against such conviction or sentence):And whereas the said A. B. is in the custody of Her Majesty's prison ______ at ______ and has applied to the judge in chambers to be granted bail:Upon hearing counsel [or the attorney] foribe said A. B. and upon reading the affidavit of ______ filed the ______ day of ______, ______:It is ordered that the said A.B., after complying with the condition(s) specified in Schedule 1 hereto shall be released on bail, subject to the condition specified in Schedule II hereto, and with a duty to surrender to the custody of [the magistrates' court at ______ on the ______ day of ______, ______ at ______ a.m./p.m.] [the Supreme Court on such day at such time and place as may be notified to the said A.B. by the appropriate officer of that court).Dated the ______ day of ______, ______Schedule I*Conditions to be complied with before release on bailTo provide ______ suret[y][ies) in the sum of $ ______ [each] before a justice of the peace [ or as may be] to secure A.B.'s surrender to custody at the time and place appointed.Schedule II*Conditions to be complied with after release on bail*Insert condition(s) as appropriate (including in Schedule I directions under 0. 79, r. 9(6B), in respect of any pre-release conditions).No. 98A – Order of judge varying arrangements for bail (O. 79, r. 9)
In the Supreme CourtTurks and Caicos IslandsThe honourable chief justiceWhereas on the ______ day of ______, ______ [state the circumstances in which the applicant was remanded in custody, for example, A.B. was remanded in custody or A.B. was convicted by a magistrates' court sitting at ______ of ______ and sentenced ______ and the said A.B. has given notice of appeal to the Supreme Court against such conviction or sentence]:And whereas the said A.B. was granted bail with a duty to surrender to the custody of (the magistrates' court at ______on the ______ of ______, ______ at ______ o'clock.] (the Supreme Court on a day and at a time and place to be notified by the appropriate officer of that court] and subject to the following conditions-[state conditions imposed on the grant of bail]And whereas [the said A.B.] [[ ______ as prosecutor] [a constable of ______ Police Force] has applied to the Chief Justice for a variation in the said arrangements for bail:Upon hearing counsel [or the attorney] for the applicant and upon reading the affidavit of ______ filed the ______ day of ______, ______:It is ordered that the said arrangements for bail be varied as follows—Dated the ______ day of ______, ______No. 100 – Notice of Bail
Whereas on the ______ day of ______, ______ of A.B. was [state circumstances in which A.B. was committed, as in No. 98 or 99]:And whereas the honourable chief justice has made an order dated the ______ day of ______, ______ that [recite order for bailTake notice that in pursuance of the said order [sufficient suret[y][ies] will enter into such recognisance] [______ will give security] as aforesaid before ______ at ______ on the ______ day of ______, ______ at ______ o'clock [And the names and description of such suret[y][ies] are]Dated the ______ day of ______, ______(Signed)______Attorney for the said A.B.Appendix B To the Rules of the Supreme Court (Ord. 1, rule 12)
Savings and transitional
1.InterpretationIn this appendix-"commencement date" means 1st March 2000;"existing proceedings" means proceedings issued under the previous rules;"new rules" means the Rules of the Supreme Court 2000 and the Civil Procedure Ordinance as amended by the Civil Procedure (Amendment) Ordinance 1999;"previous rules" means the provisions of the Civil Procedure Ordinance and of the Supreme Court Practice and Procedure Rules before the coming into operation of the Civil Procedure (Amendment) Ordinance 1999 and the Rules of the Supreme Court 2000.2.Continuance and validity of existing proceedings(1)Any existing proceedings shall not abate by reason of the repeal or revocation of the previous rules, but shall, subject to the following provisions of this appendix, continue under the provisions of the new rules as if begun under them.(2)Any judgment, order or appointment made under the previous rules shall not be affected by their revocation or repeal, but shall continue in full force and effect.(3)Where a party has taken any step in existing proceedings in accordance with the previous rules that step will remain valid after the commencement date.3.Application of the new rules(1)Subject to the following provisions of this appendix, where a new step is to be taken in any existing proceedings on or after the commencement date, it is to be taken under the new rules.(2)An application made on or after the commencement date to extend the validity of originating process issued before the commencement date, shall be made in accordance with the new rules.(3)When proceedings come before a judge for the first time on or after the commencement date, he may direct how the new rules are to apply to the proceedings.4.Continued application of previous rules(1)A party who is served with existing proceedings on or after the commencement date shall respond in accordance with the previous rules.(2)In the case of existing proceedings filing and service of pleadings will continue according to the previous rules.5.Default judgments in existing proceedings(1)Default judgment may only be entered in existing proceedings in accordance with the previous rules, but any application for leave to enter such judgment, and any proceedings on or under such judgment, shall be made in accordance with the new rules.(2)An application to set aside judgment entered in default in existing proceedings shall be made under the new rules.6.Application issued before the commencement dateWhere an application has been issued before the commencement date and the hearing is set for a date on or after the commencement date, the application shall proceed under the previous rules, and any step which a party must take in response to something done by another party shall be done in accordance with the previous rules.7.CostsAny taxation of costs that takes place after the commencement date shall be conducted in accordance with the new rules, save that costs for work undertaken before the commencement date shall be taxed on the basis of the previous rules.8.Cross referencesWhere a reference in legislation or a document is made expressly or by implication to legislation amended or repealed by the Civil Procedure (Amendment) Ordinance 1999 the reference shall except where the context otherwise requires be construed as a reference to that legislation as amended by that Ordinance or to the corresponding provision in these rules.