Courts Act

Appeals (Skeleton Arguments) Rules 1994

[GN 35 of 1994 – 1 April 1994] [Section 198]

1. These rules may be cited as the Appeals (Skeleton Arguments) Rules 1994.

2. In these rules –

"skeleton arguments and submissions" means the skeleton arguments and submissions referred to in section 5(3) of the Court of Civil Appeal Act, section 69(3) of the Courts Act and section 9(1)(b) of the Criminal Appeal Act.

3. Where an appellant is required to serve skeleton arguments and submissions on another party and lodge them in the Registry, his attorney shall, for that purpose, cause to be typed a document which shall set out –

(a) a numbered list of the points which counsel proposes to argue (in not more than a few sentences), each listed point being followed by full references to the authorities to be relied on, and to any evidence, judgment or transcript to be referred to; and

(b) a list of any other matters to which the Court's attention will be invited, such as, for example, chronologies of events.

4. The appellant's attorney shall –

(a) include the document referred to in rule 3 in the brief prepared for, and forwarded to, the Court; and

(b) update the document by indicating therein the exact references to the pages of the brief.

5. These rules shall apply to every appeal lodged in the Registry from that day onwards.

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Courts (Determination of Prescribed Amount) Regulations 1995

[GN 162 of 1995 – 15 October 1995] [Section 2]

1. These regulations may be cited as the Courts (Determination of Prescribed Amount) Regulations 1995.

2. For the purpose of section 2 of the Courts Act, the prescribed amount shall be –

(a) in relation to the Intermediate Court, an amount not exceeding 500,000 rupees;

(b) in relation to a District Court, an amount not exceeding 50,000 rupees.

3. - 4.

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Courts (Electronic Filing of Documents) Rules 2012

[GN 118 of 2012 – 1 August 2012] [Section 198]

1. Short title

These rules may be cited as the Courts (Electronic Filing of Documents) Rules 2012.

2. Definition

In these rules –

"computer account" means the computer account of any person using the electronic filing system;

"document" includes any Court order, affidavit, motion, plaint with summons, pleading, judgment or other Court process;

"electronic filing" means the electronic transmission of an original document, to and from a Court, for the purpose of filing;

"electronic filing system" means the electronic filing system set up under rule 3;

"electronic service" means the electronic transmission of a document to a party or his representative, or to an attorney, for the purpose of effecting the service of any process;

"electronic transmission", in relation to a document, means its electronic transmission, by a registered user, using the computer system provided for that purpose by the network service provider, or by any person using the Public Service Bureau;

"Information Sheet" means an Information Sheet referred to in rule 15(1);

"law practitioner" has the same meaning as in the Law Practitioners Act;

"Master" means the Master and Registrar of the Supreme Court;

"network service provider" means the network services managed by, or under the direction of, the Master with the approval of the Chief Justice;

"password" means a secured code used to identify and authenticate a registered user accessing the electronic filing system;

"proceedings" means an appeal, a civil suit, or a criminal matter pending before a Court;

"Public Service Bureau" means the service bureau set up under rule 6;

"registered user" means a law practitioner who has been registered by the Master so that he may gain access to and use the electronic filing system;

"specified document" –

(a) means a document which cannot be converted into an electronic format for the purpose of electronic transmission through the electronic filing system; and

(b) includes a document which is specified, by a Judge, the Master or a Magistrate, as being a document which need not be filed through the electronic filing system;

"submission" means one or more documents which have been prepared to be transmitted through the electronic filing system;

"transaction receipt" means a confirmation that is transmitted to a registered user, after he has submitted a transaction, through the electronic filing system;

"user name" means a unique code used to identify and authenticate a registered user accessing the electronic filing system.

3. Electronic filing system

There is set up an electronic filing system for documents to be filed, served, delivered or transmitted electronically for the purposes of any proceedings.

4. Application of rules

These rules shall apply to the filing, service, delivery or transmission of any document, other than a specified document, relating to any proceedings.

5. Operation of electronic filing system

(1) The electronic filing system shall be operated in such manner as may be directed by the Master, with the approval of the Chief Justice.

(2) The electronic filing system shall be accessed –

 (a) by a registered user in the manner specified in Part II; or

 (b) through the Public Service Bureau.

6. Public Service Bureau

There is set up, for the purpose of accessing the electronic filing system, a Public Service Bureau which shall be located on such premises as may be directed by the Master.

7. Operational fees

The services provided by the network service provider to registered users and to users of the Public Service Bureau shall be subject to the payment of the operational fees specified in the First Schedule.

PART II – REGISTRATION FOR USE OF ELECTRONIC FILING SYSTEM

8. Registered user

No person shall be registered as a registered user unless he is a law practitioner.

9. Procedure for registration

(1) Every law practitioner who wishes to be registered as a registered user shall submit an application to the Master, using the electronic form available in the electronic filing system.

(2) Every application under paragraph (1) shall include –

 (a) the name and address;

 (b) the date of oath or call;

 (c) the National Identity Card number;

 (d) the telephone number; and

 (e) the email address,

of the applicant.

(3) A law practitioner shall, on submitting an application under paragraph (1) –

 (a) make arrangements with the Master for the mode of payment of all the applicable fees and costs, including the opening of a computer account; and

 (b) be responsible for making all necessary financial arrangements for his account to meet the timely payment of such fees and costs as may be required by the electronic filing system and these rules.

(4) The Master may waive the requirement regarding payment, set out in paragraph (3), in whole or in part, in relation to such registered users as he considers appropriate.

(5) Failure by an applicant to comply with paragraph (3) may entail –

 (a) the rejection of his application; or

 (b) the revocation of his registration; and

 (c) the striking out of any process,

in respect of which there has been no payment.

(6) The Master may register a law practitioner as a registered user, subject to such terms and conditions as he may impose in relation to the electronic filing, service, delivery or transmission of documents through the electronic filing system and on payment of the fee specified in the First Schedule.

(7) Where a registered user is registered, he shall –

 (a) enter into a contract with the network service provider for the provision of the network service and the software necessary for the use of the electronic filing system;

 (b) be issued with a user name and a password which shall be communicated to him through his given email address;

 (c) comply with all the terms and conditions applicable for the use of the electronic filing system; and

 (d) provide all the particulars or other information which may be required by the Master for that purpose.

10. Revocation of registration

(1) The Master may, where –

 (a) the electronic filing system has been or is being misused;

 (b) a registered user has failed to keep or run an account in conformity with rule 9(3); or

 (c) there has been a failure to comply with these rules,

forthwith deactivate access to the system.

(2) The Master shall, within 5 days following the deactivation of access to the system under paragraph (1), by written notice, call upon the registered user to furnish written explanations within such time as may be specified by the Master.

(3) The Master may –

 (a) following any written explanation which has been furnished to him under paragraph (2); and

 (b) where he considers it just and reasonable to do so,

request a registered user to take such appropriate measures as he considers necessary to remedy the situation within such time as may be specified by him.

(4) The Master may, where the registered user has failed –

 (a) to provide any valid explanation; or

 (b) to take any appropriate measures which he may have requested under paragraph (3),

revoke his registration.

11. User name and password

(1) No person shall use the electronic filing system unless the Master has issued him with a user name and a password.

(2) Where a user name or a password has been or is being misused, the Master may revoke it.

12. Security of password

(1) Every registered user shall ensure that his password is kept secure and confidential and shall not –

 (a) divulge his password to any other person; or

 (b) permit any other person to use his password.

(2) Every registered user shall be solely and wholly responsible for –

 (a) the security and safety of his password; and

 (b) any consequence which may result from an unauthorised use of it.

PART III – ELECTRONIC FILING

13. Need to file documents through electronic filing system

(1) Where a document, other than a specified document, is required to be filed with, served on, delivered or transmitted to a Court, it shall be so filed, served, delivered or transmitted, in a single copy, through the electronic filing system.

(2) A Judge, the Master or a Magistrate who is responsible for any proceedings may, on an application made, allow any document, part of the document or any class of documents to be filed, served, delivered or transmitted otherwise than through the electronic filing system.

14. Form in which document is to be filed

(1) Subject to paragraph (2), every document shall be filed, served, delivered or transmitted in such form, and in accordance with such requirements, as are specified in the Second Schedule.

(2) A Judge, the Master or a Magistrate who is responsible for any proceedings may, on good cause shown, allow a document which does not comply with the form, or the requirements specified in the Second Schedule, to be filed on such terms and conditions as he may determine.

(3) A Judge, the Master or a Magistrate may reject an uploaded document where it –

 (a) does not comply with the requirements specified in the Second Schedule; or

 (b) is unreadable or displays poor readability.

15. Information Sheet

(1) The electronic filing system shall provide an Information Sheet, in tabular form, showing –

 (a) the documents which have been uploaded for every proceedings;

 (b) the date and time on which each document was uploaded;

 (c) the name of the party by whom the document was uploaded;

 (d) the name of the party to whom it was sent; and

 (e) a description of the document.

(2) A printout of any Information Sheet may be produced in Court, and shall constitute prima facie evidence of the facts stated in the Information Sheet.

(3) It shall be conclusively presumed that the electronic filing system which generated the Information Sheet is in proper working order.

16. Uniformity of process

Every registered user or defending litigant shall ensure that all the particulars in any document which is filed, served, delivered or transmitted, are in conformity with the heading and all the other particulars set out in the originating process.

17. Submission of documents to Court

(1) Every registered user, law practitioner or defending litigant intending to file, serve, deliver or transmit one or more documents through the electronic filing system shall create a submission, using the electronic filing system provided by the network service provider.

(2) A submission may contain one or more documents where all the documents in that submission relate to one set of proceedings.

(3) Every page of a document shall be numbered, as set out in the Second Schedule, so that the pagination on the hard copy of the document corresponds to the pagination of the document in the electronic case file.

(4) Where it is necessary for a document to appear in colour in a Court file, the registered user, law practitioner or defending litigant filing, serving, delivering or transmitting that document through the electronic filing system shall –

 (a) cause the document to be scanned, using a colour scanner; and

 (b) specify, in the electronic template, that the document has colour materials in it and give all relevant details in that connection.

(5) Where there is no reference to any document which is required to appear in colour, the printouts of every document in a submission shall be made using a monochrome printer.

18. Signing of documents

(1) Where a document is filed, served, delivered or transmitted through the electronic filing system, any requirement that the document should be signed by a registered user shall be considered to have been complied with where the authentication code, seal and signature of the registered user have been applied to the document or transmission containing the document.

(2) Where it is necessary for the visible representation of a signature to appear on a document –

 (a) a facsimile of the signature; or

 (b) an image of the manual signature, of –

  (i) a registered user;

  (ii) a Judge or the Master; or

  (iii) a Magistrate,

reproduced on the document shall be considered to meet the requirement that the document is signed.

19. Cause number and document number

(1) Where a submission is made, the electronic filing system shall automatically assign –

 (a) a cause number to the submission where it concerns fresh proceedings that have been lodged;

 (b) a document number to each document within the submission where the documents are follow-ups in proceedings which have been lodged; and

 (c) the case to a Judge, the Master or a Magistrate who shall thereafter be responsible for dealing with the proceedings.

(2) Notwithstanding paragraph (1)(c), the Chief Justice may assign the proceedings to another Judge, the Master or another Magistrate, as the case may be.

20. Acceptance or rejection of document

Where there has been a failure to comply with any of these rules or any procedural requirement, the Judge, Master or Magistrate to whom proceedings have been assigned may –

(a) reject any document filed, served, delivered or transmitted through the electronic filing system; and

(b) make any order as to costs.

PART IV – SERVICE AND COMPUTATION OF TIME

21. Date of filing

(1) Where a document is filed, served, delivered or transmitted through the electronic filing system, that document shall be considered to have been filed, served, delivered or transmitted –

 (a) where the document is filed, served, delivered or transmitted by electronic transmission, on the date and at the time when the transmission is received in the computer account of the network service provider;

 (b) where the document is filed, served, delivered or transmitted through the Public Service Bureau, on the date and at the time when the transmission is received in the computer account of the Public Service Bureau.

(2) (a) Where a Judge, the Master or a Magistrate is satisfied that, for any reason, a document should be treated as having been filed, served, delivered or transmitted to him, or issued at some earlier date and time than the date and time provided for in paragraph (1), he may cause the electronic filing system to reflect such earlier date and time.

(b) The earlier date and time specified in subparagraph (a) shall, for all purposes, be considered to be the date and time on and at which the document was filed, served, delivered, transmitted or issued.

(3) Where evidence of –

 (a) the filing, service, delivery or transmission of any document; or

 (b) the date and time when that event took place,

is required, a registered user or a defending litigant may produce a printout of the Information Sheet available on the electronic filing system.

22. Service of documents

(1) Subject to paragraphs (2) and (3), where a document has to be served personally on a person, the service may be effected –

 (a) by a Court Usher or registered usher; or

 (b) by any other mode of service prescribed by law.

(2) (a) A Court Usher shall file the return of service personally into the electronic filing system.

 (b) A registered usher shall file his return through the attorney or the defending litigant who retained his services.

(3) Where service is effected by –

 (a) a Court Usher or registered usher;

 (b) post; or

 (c) any other mode of service ordered or approved by the Court,

the attorney or defending litigant shall cause the return or proof of service to be filed or transmitted in a document using the electronic filing system.

(4) Where it can be proved that a person who has to be served personally with a document has agreed that the document may be served on him through the electronic filing system, the service may be so effected.

(5) Where service of a document is required to be effected by a person on another person, and the person on whom the document has to be served –

 (a) is a registered user; or

 (b) is represented by an attorney who is a registered user and upon whom service may be effected,

the service may be effected through the electronic filing system or the Public Service Bureau.

(6) In this rule –

"service of a document" includes the delivery or transmission of a document.

23. Date from which time starts to run

(1) Where a document filed, served, delivered or transmitted by electronic transmission to a Judge, the Master or a Magistrate has to be served on or communicated to another party, the delay for the service of that document shall run from the time the document is received in the computer account of the network service provider, unless otherwise ordered by the Judge, the Master or the Magistrate.

(2) Where a document filed with, or otherwise transmitted to, a Judge, the Master or a Magistrate through the Public Service Bureau, has to be served on or communicated to another party, the delay for the service of that document shall run from the time when the document is received in the computer account of the Public Service Bureau, unless otherwise ordered by the Judge, the Master or the Magistrate.

(3) The time limit for the application of, or answer to, any particulars, for filing a plea, a counter-claim, a reply, and any application to strike out pleadings or to amend the pleadings under Part II of the Supreme Court Rules 2000, shall, subject to paragraph (4), be effected within 30 days from the date on which the document is filed or communicated, or served on the party, as the case may be.

(4) An application referred to in paragraph (3) shall, in respect of any proceedings before the Commercial Division of the Supreme Court, be effected within 15 days.

(5) The time limit for the filing of an affidavit shall be 15 days or such other time limit as may be ordered by a Judge, the Master or a Magistrate.

(6) Failure to comply with the time limit prescribed in paragraph (3), (4) or (5) shall prevent the attorney or the defending litigant from proceeding further with the proceedings, unless authorised by the Judge, the Master or the Magistrate, on such terms and conditions as may be imposed and subject to any order as to costs.

(7) Except with the leave of the Judge, the Master or the Magistrate, on good cause shown, and subject to such terms and conditions as may be imposed by him and any order which he may make as to costs, no application for an extension of the time limit referred to in paragraph (3), (4) or (5) shall be entertained.

(8) Where there has been a failure to comply with a time limit specified in paragraph (3), (4) or (5) or in an order made by a Judge, the Master or a Magistrate, the Judge, Master or Magistrate may –

 (a) where the defaulting party is a party initiating the proceedings, order that they be struck out;

 (b) where the defaulting party is the defendant or the respondent, order, on the motion of the party initiating the proceedings, that the case be made out against that defendant or respondent; and

 (c) make such other order as he considers appropriate in the circumstances, including an order as to costs.

24. Evidence of service

(1) Every document which is served through the electronic filing system shall be considered to have been served on the date and at the time when the transmission is received in the computer account of the network service provider or the Public Service Bureau, unless evidence to the contrary is adduced by the person seeking to challenge that fact.

(2) On a request made in writing by a person serving a document through the Public Service Bureau, he shall be issued with an Information Sheet.

25. Amendment of electronic documents

The Chief Justice may, by practice directions, provide for the manner in which any amendment of any document, which has been filed through the electronic filing system, may be effected.

PART V – PRESUMPTIONS

26. Presumptions

(1) Where a document is transmitted to a computer account, with or without the authority of a registered user, it shall be presumed, unless proven otherwise, that the document was –

 (a) transmitted accurately; and

 (b) made and transmitted by the registered user.

(2) Where a document is filed, served, delivered or transmitted through the electronic filing system, through the Public Service Bureau, and it is proved that –

 (a) reasonable steps were taken by the personnel of the Public Service Bureau to verify and record the identity of the person tendering the document to the Public Service Bureau; and

 (b) the document was filed, served, delivered or transmitted –

  (i) through the electronic filing system in the name of the person recorded by the personnel of the Public Service Bureau; and

  (ii) in accordance with the instructions recorded by the personnel of the Public Service Bureau,

it shall be presumed, unless proven otherwise, that the document was made and transmitted by the Public Service Bureau for and on behalf of, and with the authority of, the person tendering the document.

PART VI – MISCELLANEOUS

27. Formal defects

Where –

(a) there is any change in the operation of the electronic filing system; or

(b) the system is rendered inoperative for any reason or its operation is affected in any manner whatsoever,

all proceedings pending or to be lodged shall be dealt with by the Court.

28. Validity of proceedings unaffected

(1) No proceedings shall be invalidated by reason of any defect, omission or irregularity, in the operation of the electronic filing system, unless the Judge, the Master or the Magistrate considers that there is a risk of substantial injustice which cannot be remedied by an order of the Court.

(2) Where there is any defect, omission or irregularity which cannot be remedied by an order of the Court under paragraph (1), the Court may order such alternative measures as it thinks fit in the circumstances.

29. Existing rules

The following rules shall apply with such necessary modification and adaptation as the context may require in order not to hinder or impede the operation of these rules –

(a) the Sale of Immovable Property Rules 1889;

(b) the Ushers Rules 1953;

(c) the Criminal Appeal Rules 1954;

(d) the District Courts (State Proceedings) Rules 1954;

(e) the Rules of the Supreme Court (State Proceedings) 1954;

(f) the Court of Civil Appeal Rules 1965;

(g) the District, Industrial and Intermediate Courts Rules 1992;

(h) the Appeals (Skeleton Arguments) Rules 1994;

(i) the Supreme Court Rules 2000;

(j) the Legal Fees and Costs Rules 2000;

(k) the Supreme Court (Judge in Chambers) Rules 2002;

(l) the Management of Cases (Conference) Rules 2007;

(m) the Supreme Court (Preparation of Briefs) Rules 2009;

(n) the Supreme Court (Mediation) Rules 2010; and

(o) the Registered Ushers Rules 2012.

30. Practice directions

Where there is any inconsistency in the interpretation of these rules, or between these rules and any other rules applicable to any Court, such inconsistency or any discrepancy in the application of the rules shall be resolved by practice directions issued by the Chief Justice.

31. 

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FIRST SCHEDULE

[Rules 7 and 9(6)]

ELECTRONIC FILING – OPERATIONAL FEES

 

FEES
(RS)

1.Registered user –

 

(a) user registration fee

10,000

(b) monthly subscription fee

1,000

(c) uploading of document for the first 5 pages

350

(d) uploading of document, per page, in excess of 5 pages

10

2. Public Service Bureau –

 

(a) access to the Public Service Bureau for each party in each case

1,000

(b) uploading of document up to 5 pages

350

(c) uploading of document, per page, in excess of 5 pages

10

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SECOND SCHEDULE

[Rules 14 and 17]

1. Pdf format

(1) Every document shall be scanned and converted to pdf format before being filed.

(2) The documents may be converted in pdf format by –

 (a) using Adobe Acrobat software (http://www.adobe.com);

 (b) using other compatible pdf converter software; or

 (c) printing case documents on paper, and converting these hard copies to pdf using a scanner.

(3) A valid pdf format shall be used.

(4) It shall not be sufficient for a file simply to be named with a pdf extension(pdf) inasmuch as that would not, by itself, create a valid pdf file for the purposes of electronic filing.

(5) The Adobe pdf version used shall be minimum 1.3, or newer.

(6) Notwithstanding the number of pages inserted in a document, each pdf file shall not exceed 5 MB.

2. Specifications

A party filing a document shall adhere to the specifications set out in paragraphs 3, 4, 5, 6, 7, 8 and 9.

3. Specification 1 – scanning resolutions

(1) The scanning resolution shall be –

 (a) 200 dpi for black and white documents; and

 (b) 100 dpi for colour documents.

(2) Where the details and clarity of the image are of critical importance, the filing party may review the scanned pdf document before filing, and try rescanning with a higher resolution setting, until the desired level of clarity is achieved.

4. Specification 2 – font size

The party filing a document shall –

(a) for normal typewritten documents, select a font size of 11 points; and

(b) for titles and other special writings, choose a font size between 10-70 points as appropriate, with the aim of achieving reasonable clarity and readability on the document.

5. Specification 3 – font types

(1) The font type for normal typewritten documents shall be regular Arial.

(2) The following font types may be used for titles and other special writings –

 (a) Courier (regular, bold, italic, or bold italic);

 (b) Times (Roman, bold, italic, or bold italic);

 (c) Verdana (regular, bold, italic, or bold italic);

 (d) Arial (regular, bold, italic, or bold italic).

6. Specification 4 – font colours

(1) As a general rule, the font colour used shall be black.

(2) Where the use of other colours is necessary, light colour fonts which generate poor readability shall be avoided.

7. Specification 5 – line spacing

(1) For normal typewritten documents, the line spacing shall be set at 1.5.

(2) For titles and other special writings, the line spacing shall be 1.5 lines apart, where appropriate within the document, so as to achieve reasonable clarity and readability of the document.

8. Specification 6 – margins

(1) The party filing a document shall set page margins as follows for a normal typewritten document –

Sl No.

Margin

Left

Right

Top

Bottom

1

Normal

1"

1"

1"

1"

(2) The party filing a document shall set page margins in any of the following specifications for titles and other special writings –

Sl No.

Margin

Left

Right

Top

Bottom

1

Narrow

0.5"

0.5"

0.5"

0.5"

2

Moderate

0.75"

0.75"

1"

1"

3

Wide

2"

2"

1"

1"

(3) The specifications for margins mentioned in paragraphs (1) and (2) are specific to A4 size page setup.

(4) Notwithstanding subparagraph (3), a filing party may, where necessary, change the margins into other paper size so as to achieve reasonable clarity and readability on the document.

9. Specification 7 – pagination

The number of each page shall be inserted at the bottom of the page and centred.

10. Other requirements

(1) Any document filed using the electronic filing system shall not contain security settings, including self-sign security, filing party passwords or permissions that would prevent the electronic filing system from opening, viewing or printing the file.

(2) All security settings, including encryption, master passwords or permissions, shall be deactivated prior to being uploaded by using the electronic filing system.

(3) No document filed using the electronic filing system shall contain embedded or executable scripts, including sound or movie (multimedia) objects.

(4) No document filed using the electronic filing system shall contain any multimedia, including sound, video, animations and slide-shows, 3-dimensional models or multi-page objects (including Excel spreadsheets).

(5) The objects mentioned in paragraphs (3) and (4) shall not be viewable in the electronic filing system.

(6) No page or document uploaded through the electronic filing system shall bear any watermark or similar inscription.

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District Courts (State Proceedings) Rules 1954

[GN 125 of 1954 – 4 December 1954] [Section 198]

1. Short title

These rules may be cited as the District Courts (State Proceedings) Rules 1954.

2. Application of District and Intermediate Courts (Civil Jurisdiction) Act and rules made thereunder

Save as provided by the State Proceedings Act, (hereinafter in these rules referred to as "the Act") or by these rules –

(a) the District and Intermediate Courts (Civil jurisdiction) Act (hereinafter referred to as "the District Courts Act"), and all rules made thereunder and in force at the date of the coming into force of these rules, (hereinafter referred to as "the District, Industrial and Intermediate Court Rules 1992"), shall, so far as may be, apply to all civil proceedings by or against the State instituted in a District Court on and after the commencement of the Act;

(b) such civil proceedings as aforesaid shall, so far as may be, take the same form as civil proceedings between subjects.

3. Where summons may issue

Section 5 of the District and Intermediate Courts (Civil Jurisdiction) Act shall not apply in the case of an action against the State (whether alone or with any other person), and, except where by any Act or rule it is otherwise provided, any such action shall be commenced in the Court for the district in which the cause of action wholly or in part arose:

Provided that if there is any reasonable doubt as to the Court in which any such proceedings should be commenced under this rule they may be commenced in the Court for the district in which the plaintiff or one of the plaintiffs resides or carries on business.

4. Form of plaint

Section 4 of the District and Intermediate Courts (Civil Jurisdiction) Act and rule 18 of the District, Industrial and Intermediate Court Rules 1992 shall have effect subject to the following modifications –

(a) With every plaint in proceedings against the State there shall be filed particulars which shall contain information as to the circumstances in which it is alleged that the liability of the State has arisen and as to the Government departments and officers of the State concerned. Upon the filing of such plaint the clerk shall not issue a summons to defendant, nor make any reference in the plaint note to the date of the hearing, but shall proceed as hereunder provided.

(b) Immediately after the entry of the plaint in the books of the Court, the clerk shall cause to be served upon the State a copy of the plaint and of the particulars accompanied by a notice in Form 1 of the Schedule. Upon service of the said notice all further proceedings shall, except as hereinafter provided be stayed.

(c) Within 28 days of the service of the said notice the State may file in the Court office 2 copies of a demand for further information as specified in the demand, and thereupon the clerk shall cause to be served one copy on the plaintiff.

(d) If within the said period, the State does not file 2 copies of such a demand as aforesaid the stay of proceedings provided for by paragraph (b) of this rule shall cease to have effect at the end of that period.

(e) If, within the same period, the State does file 2 copies of such a demand as aforesaid, the said stay of proceedings shall cease to have effect when the State files in the Court office a statement that it is satisfied with the information in its possession as to the matters specified in paragraph (a) of this rule but save as aforesaid the said stay of proceedings shall remain in force:

Provided that where the plaintiff files in the Court office and serves upon the State notice of application to remove the stay, then –

 (i) if the State does not, within 14 days after service of the application, file in the Court office a notice of objection thereto, the said stay shall cease to have effect at the end of that period; and

 (ii) if within 14 days after service of the application the State does file in the Court office a notice of objection thereto, the said stay shall cease to have effect if and when the Court decides that no further information as to the matters specified in paragraph (a) of this rule is reasonably required by the State.

(f) When the said stay of proceedings ceases to have effect, the clerk shall fix a day for the hearing and give notice thereof to the parties and shall proceed in accordance with section 4 of the District and Intermediate Courts (Civil Jurisdiction) Act.

5. Service of process and documents

(1) The provisions of the District, Industrial and Intermediate Court Rules 1992 relating to the service of summonses and documents shall have effect subject to section 11 of the Act (which provides for the service of documents on the State for the purposes of or in connection with any civil proceedings by or against the State).

(2) Service of a document in accordance with section 11 of the Act shall be effected –

 (a) by leaving the document within ordinary business hours of Government offices at the office of the person to be served, or of any agent whom he has nominated for the purpose, but in either case with a person belonging to the office where the document is left, or

 (b) by posting it in a prepaid registered envelope addressed to the person to be served or any such agent as aforesaid; and where service under this rule is made by post the time at which the document so posted would be delivered in the ordinary course of post shall be considered as the time of service thereof.

6. Absent defendants

The provisions of the Courts (Civil Procedure) Act relating to actions against absent defendants and service out of the jurisdiction shall apply to proceedings by the State but shall not apply to proceedings against the State.

7. Set-off and counter claim

(1) In proceedings by the State for the recovery of taxes, duties or penalties the defendant shall not be entitled to avail himself of any set-off or counterclaim, or in proceedings of any other nature, to avail himself of any set-off or counterclaim, arising out of a right or claim to repayment in respect of any taxes, duties or penalties.

(2) The defendant to proceedings by the State shall not be entitled without the leave of the Magistrate (to be obtained on an application of which not less than 7 clear days' notice has been given to the State), to avail himself of any set-off or counterclaim if either the subject matter of the set-off or counterclaim does not relate to the Government department in the name of which the proceedings are brought or the proceedings are brought in the name of the Attorney-General.

(3) Where civil proceedings are brought against the State, the State shall not be entitled, without the leave of the Magistrate (to be obtained on an application of which not less than 7 clear days' notice has been given to the plaintiff), to avail itself of any set-off or counterclaim –

 (a) where the State is sued in the name of a Government department if the subject-matter thereof does not relate to that department; or

 (b) where the State is sued in the name of the Attorney-General.

8. Inspection of documents

(1) In proceedings to which the State is a party, the provisions of the Industrial and Intermediate Court Rules 1992 relating to production and inspection of documents shall have effect subject to the following modifications –

 (a) The notice, or the Court order for inspection, as the case may be, shall specify the officer of the State by whom the document shall be produced for inspection.

 (b) Any such order of the Court shall be construed as not requiring disclosure of the existence of any document the existence of which it would, in the opinion of the President of the Republic, be injurious to the public interest to disclose.

(2) In proceedings to which the State is a party, the Magistrate, after hearing parties, shall direct what officer of the State shall attend to be examined on personal answers, should there be an application for the examination of a representative of the State on personal answers.

9. Default

In the case of proceedings against the State a plaintiff shall not be entitled to have judgment entered against the State in default of pleading or appearance without the leave of the Magistrate, and section 16 of the District and Intermediate Courts (Civil Jurisdiction) Act shall have effect subject to this rule. An application to the Magistrate for leave to have judgment entered against the State in default of appearance or pleading shall be made on 7 clear days' notice to the State.

10. Execution

Nothing in part III of the District and Intermediate Courts (Civil Jurisdiction) Act, nor in any other enactment relating to execution, shall apply in respect of any order against the State.

11. Satisfaction of orders against the State

A certificate issued in accordance with section 17 of the Act shall be in Form 2 of the Schedule, with such variations as the circumstances may require; and, if the order provides for the payment of any money, the said certificate shall state the amount payable.

12. Attachment of debts

(1) No order for the attachment of debts shall be made or have effect in respect of any money due or accruing or alleged to be due or accruing from the State.

(2) In a case where it is alleged that such an order could have been obtained and would have had effect in respect of such money if it had been due or accruing from the subject, the Magistrate may, on the application of the judgment creditor, make an order restraining the judgment debtor from receiving such money and directing payment by the State to the judgment creditor or to a receiver:

Provided that no such order shall be made in respect of –

 (a) wages or salary payable to any officer of the State as such;

 (b) money which is subject to the provisions of any enactment prohibiting or restricting assigning or charging or taking in execution; or

 (c) money payable by the State to any person on account of a deposit in the Mauritius Post Office Savings Bank.

(3) Where the judgment creditor seeks to make any such application as aforesaid he shall –

 (a) file in the Court office an affidavit by himself or his attorney in Form 3 of the Schedule containing the information required thereby;

 (b) if the application is made in a Court other than the Court in which the judgment or order was given or made, file in the Court office a certificate of the judgment or order; and

 (c) produce the plaint note; and thereupon the clerk shall enter the proceedings in the books of the Court, fix a day for the hearing and prepare and issue a notice in Form 4 of the Schedule and make all necessary copies thereof.

(4) The notice shall be served upon the State not less than 14 clear days before the day fixed for the hearing, and where it has been so served the clerk shall cause to be served a copy thereof on the judgment debtor not less than 7 clear days before the day so fixed.

(5) If the State disputes liability, the Magistrate may determine the question of the liability of the State, and where it is suggested that the debt with reference to which the proceedings are taken belongs to some third person, or that any third person has a claim upon it, the Magistrate may order the third person to appear and state the nature and particulars of his claim upon the debt, and, after hearing the third person if he appears, the Magistrate may bar the claim of the third person or may order an issue to be tried between the third person and the judgment creditor or make such other order (including an order as to costs) as may be just.

13. Postal packets

An application by any person under subsection (3) of section 5 of the Act for leave to bring proceeding's in the name of the sender or addressee of a postal packet or his heirs or legal representatives shall be in the form set out in Form 5 of the Schedule and the respondents shall be the State and the person in whose name the applicant seeks to bring proceedings.

14. Saving

Save as provided in rule 7, nothing in these rules shall be deemed to affect the operation of the Recovery of State Debts Act.

_______________

SCHEDULE

FORM 1

[Rule 4(b)])

STATE PROCEEDINGS ACT

NOTICE THAT A PLAINT HAS BEEN ENTERED AGAINST THE STATE

In the District Court of .........................................................................................................

Between .................................................................................................................. Plaintiff

And ..................................................................................................................... Defendant

Take notice that a plaint has been entered in the above action. A copy of the said plaint and of the particulars of claim filed by the plaintiff accompanies the notice.

And take notice that within 28 days from the date of the receipt by you of this notice you are required to send to me 2 copies of a statement that no further information is required by the State as to the circumstances in which it is alleged that the liability of the State has arisen or as to the department and officers of the State concerned, or 2 copies of a demand specifying such further information as you require.

Dated the ............... day of .......... 20...

....................................

District Clerk

To the State Attorney (or the person acting as attorney for the State)

FORM 2

[Rule 11]

STATE PROCEEDINGS ACT

CERTIFICATE OF JUDGMENT OR ORDER

In the District Court of ....................................... Copy of entries in the books of the Court relating to the action or matter .............. v/s ............. (no. of plaint ..............) in which judgment was entered (or an order was made) in this Court on the ............... day of .......... 20...

(Here set out copy of the entries in the Court books recording the proceedings in the action or matter in the Court and showing the amount due under the judgment or order at the date of the certificate.)

I certify that the above is a true copy of entries in the books of this Court relating to the action or matter above mentioned.

Dated this ............... day of .......... 20...

................................................

District Clerk

FORM 3

[Rule 12(3)(a)]

STATE PROCEEDINGS ACT

AFFIDAVIT IN SUPPORT OF APPLICATION DIRECTING PAYMENT BY STATE TO JUDGMENT CREDITOR OF MONEY DUE BY STATE TO JUDGMENT DEBTOR

Plaint no. ..........

In the District Court of .................................................................................................

Between ....................................................................................... Judgment creditor

And ................................................................................................. Judgment debtor

And ....................................................... (state Government department concerned, or the Attorney-General).

I, ......................................... of ................................... in the District of ....................... (or I, .................................... of ................................. in the District of ........................, attorney for the abovenamed judgment creditor, make oath and say as follows –

1. That I (or ..............) recovered judgment (or obtained an order) in the District Court of ............. against the abovenamed judgment debtor for payment of the sum of ..... rupees for debt (or damages) and costs.

2. That the said judgment (or order) is still wholly unsatisfied (or is still unsatisfied as to the sum of ..... rupees).

3. That the State is indebted to the judgment debtor in the sum of ..... rupees (add if so) for payment of which sum the judgment debtor recovered judgment (or obtained) an order in the District Court of ............. against the ............. department (or the Attorney-General) on the ............... day of .......... 20... and by the said judgment (or order) it was ordered that the ............. department (or the Attorney-General) should pay the said sum of ..... rupees to the clerk of the said Court on the ............... day of .......... 20... and the sum of ..... rupees remains due and unpaid under the said judgment (or order)

FORM 4

STATE PROCEEDINGS ACT

[Rule 12(3)(b)]

NOTICE OF APPLICATION FOR ORDER DIRECTING PAYMENT BY THE STATE TO JUDGMENT CREDITOR OF MONEY DUE BY STATE TO JUDGMENT DEBTOR

In the District Court of .........................................................................................................

Between ............................................................................................... Judgment Creditor

And ......................................................................................................... Judgment Debtor

And .................................................................................... (state Government department concerned or the Attorney-General).

Take notice that the Judgment creditor will apply to the Magistrate at a Court to be holden at ............. on the ............... day of .......... 20... at the ............. hour of ............. in the ............. noon for an order restraining the judgment debtor from receiving the amount of the debt due or accruing from the State to the judgment debtor or so much thereof as will satisfy the debt due under the judgment for ..... rupees for debt (or damages) and costs given (or made) in the District Court of ......................... on the ............... day of .......... 20..., in an action in which the judgment creditor was plaintiff and the judgment debtor was defendant and directing payment thereof by the department (or the Attorney-General) to the judgment Creditor or a receiver.

FORM 5

STATE PROCEEDINGS ACT

[Rule 13]

No. of plaint ..........

In tne District of ............................................................................................................

In the matter of an intended action between A.B. and the Post Office and

In the matter of the State Proceedings Act.

Between CD., Applicant

And the Post Office and A.B., Respondents

1. I, C.D., of .............., apply to the Court for an order that I may be allowed, upon such terms as the Court think just, to bring an action against the first respondent in the name of the second respondent, for loss of and/or damage to a postal packet.

2. The grounds upon which I claim to be entitled to the Order are –

(a) I am a person damnified by the loss of (and/or damage to) a registered inland postal packet; whereof A.B. was sender and Y.Z. addressee, caused, on or about .............. (date), by the neglect or default of a servant of the State for which the State is liable under section 5 of the State Proceedings Act.

(b) Neither the said A.B. nor the said Y.Z. is willing to enforce his remedy in respect of the said packet.

3. The names and addresses of the persons upon whom it is intended to serve this application are –

(The Post Master General)

(A.B.)

4. My address for service is –

Dated this ............... day of .......... 20...

................................

C. D.

Applicant

_______________

Legal Fees and Costs Rules 2000

[Fourth Schedule of Act 15 of 2000 – 30 June 2000] [Section 198]

1. These rules may be cited as the Legal Fees and Costs Rules 2000.

2.

In these rules –

 

“folio” means the space covered by 90 words;

“taxing officer” means –

(a) in respect of the Supreme Court, the Admiralty Court, the Bankruptcy Court, the Master’s Court and the Judge in Chambers, the Master;

(b) in respect of any other court, the clerk of the court designated by the Presiding Magistrate or Magistrate, as the case may be.

3. There shall be paid into the Consolidated Fund, by the attorney of the party concerned or, where no attorney is employed, by the party, the fees specified in Part I of the Schedule –

(a) in respect of every matter specified in Sub-parts A and B; and

(b) in respect of every matter specified in Sub-part B where the claim is worth more than 5,000 rupees.

4. (1) Subject to paragraphs (2) and (3), no person shall be entitled to any costs, other than disbursements incurred pursuant to rule 3, except in accordance with Part II of the Schedule.

(2) The taxing officer shall, unless the parties concerned otherwise agree, determine the amount allowable pursuant to paragraph (1) where –

(a) it is expressed as a variable; or

(b) the monetary value of the subject matter is not determined.

(3) An attorney who acts as mandator ad negotia shall, in addition to his costs, be entitled –

(a) to such fair and reasonable remuneration as may have been agreed with his client; or

(b) in the absence of such agreement, to such fair and reasonable remuneration as may be determined by the taxing officer.

5. There shall be paid to the other party to the case such adjournment costs or wasted costs as may be ordered by the Magistrate, Master, Judge in Chambers or Court in accordance with Part III of the Schedule.

________________

SCHEDULE

[Rules 3, 4 and 5]

PART I – FEES

Sub-Part A – Supreme Court, Admiralty Court, Bankruptcy Court,
Master’s Court and Judge in Chambers

     

(Rs)

 

1.

Division-in-kind
Distribution of immovable property
Petition to the Bankruptcy Court
Sale of immovable property
Plaint with summons

üýþ

 

1,300

 

2.

Adoption
Any other incidental application to a sale of immovable property
Application for outbidding
Bankruptcy notice
Divorce or Judicial separation
Judicial review
Master’s Bill (payable by the adjudicatee)

üýþ

 

650

 

3.

Acceptance, deposit or renunciation in relation to a succession

Any other process initiated (e.g. proecipe appeal, motion, rule, attachment, writ, summons, plaint, seizure or execution) otherwise than at Assizes

üýþ

 

 

 

350

 

4.

Filing a defence (by whatever name called) or otherwise putting in an appearance

 

250

 

5.

Usher’s fees –

    

(a) Every original of an inventory in excess of 25,000 rupees

 

1,300

  

(b) Every original or an inventory up to 25,000 rupees, and every other memorandum

 

650

  

(c) Every service

 

150

 

Sub-Part B – Any other Court

1.

Every memorandum

 

350

 

2.

Any process initiated (e.g. plaint, information, summons, notice of appeal)

 

250

 

3.

Every service

 

100

 

4.

Filing a plea (by whatever name called) or otherwise putting an appearance except in criminal proceedings

 

100

 

Sub-Part C – General (All Courts)

1.

Interpreter’s fee –

    

(a) for attendance daily

 

100

  

(b) for explanation or translation for each folio

 

15

 

2.

Entry on roll of law practitioners

 

350

 

3.

Deposit, posting or registration of commission, diploma, certificate, authorisation or other deed Reference to Ministère Public

 

150

 

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