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PART SECOND PROCEDURE BEFORE THE SUPREME COURT
2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

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PART SECOND
PROCEDURE BEFORE THE SUPREME COURT

BOOK FIRST
SUPREME COURT

PRELIMINARY PROVISIONS

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    (Modified by 1. Leeward Islands and Windward Islands (Courts) Order in Council, 1939 (Imp.) and 2. Supreme Court Ordinance, 1955.

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    36.   The Court has original jurisdiction in all suits or actions which are not exclusively within the jurisdiction of the District Court or of the Admiralty.

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    37.   The Supreme Court or Judge may, from time to time, make any rules of practice that may be necessary for regulating proceedings, in or out of term, in causes and matters, whether in the Supreme or in the District Court, and on all matters of procedure.

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    The Supreme Court or Judge may also make any tariffs of fees for the counsel, solicitors, examiners, and other officers appointed by the Court, whose salaries are not fixed by law.

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    Cabinet may make, modify, revoke, or amend, any such rules or tariffs; and no rules or tariffs are valid until approved by Cabinet, or published by Proclamation of the Governor General. Her Majesty may disallow such rules or tariffs after they have come into force for the discharge of the duties and services therein mentioned, is liable to a penalty of not more than $96 for each offence.

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    The power to make rules of court conferred on the Chief Justice by this article shall be deemed to include the power to add, vary or annul any existing rules of court or articles of the said Code of Civil Procedure.

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    The Chief Justice may also make, add to, or annul any rules of court for the more effectual carrying out of any of the provisions of the Civil Code or of any other statute, and any such rules may repeal any provision of the said Civil Code or of any other statute and substitute other provisions in lieu thereof.

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    All such rules of court shall, on being approved by the House of Assembly, have the same force and effect as an Act, and shall come into operation on publication in the Gazette or on such other day as may be prescribed in such rules.

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    37A.   In all cases of procedure not provided for by the Code of Civil Procedure or any rules of court, or otherwise, the procedure or practice shall be such as the Judge may direct or approve. (Inserted by Act 23 of 1916)

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    38.   The Judge and Registrar, and every commissioner as hereinafter mentioned, has a right to administer and receive the oath, whenever it is required by law, by rules of practice, or by order of a Court or Judge, unless such right be restricted by special law.

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    Cabinet may, from time to time, appoint fit persons residing in any part of Great Britain and Ireland, or in any of the British colonies, as commissioners for receiving such affidavits.

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    Every member of the House of Assembly, stipendiary Magistrate, and justice of the peace is ex officio a commissioner for taking such affidavits.

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    Every affidavit thus received has the same force and effect, and is entitled to the same credence as if it had been received in open Court.

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    Affidavits have a like force if received before a commissioner authorised by the Lord Chancellor to administer affidavits in Chancery in England; or before a notary public under his or her hand and official seal; or before the mayor or chief magistrate of any city, borough, or incorporated town in Great Britain or Ireland, in any of Her Majesty's colonies or in any foreign country, under the common seal of such city, borough, or incorporated town; or before any Judge of a superior court in any of Her Majesty's colonies or dependencies; or before any consul, vice-consul, temporary consul, pro-consul, or consular agent of Her Majesty exercising his or her functions in a foreign country.

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    Affidavits have a like effect if sworn before a British diplomatic officer exercising his or her functions in any place outside of Saint Lucia.

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    The words “Commissioner of the Supreme Court,” whenever they are used in this Code, mean any person capable of receiving affidavits under any of the provisions of this article.

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    (Amended by Act 23 of 1916)

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    39.   If a party establishes under oath that he or she does not possess sufficient means to make the necessary disbursements, the Court or Judge, on being satisfied by affidavit that such party has a right of action or a good defence, may grant him or her leave to plead in forma pauperis, and may order all officers of justice, including the Crown Attorney, to afford their services without any remuneration; but such party, if he or she fails in the suit, is not exempt from condemnation to pay costs to the other party. (Amended by Act 17 of 1953)

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    40.   Such leave may, however, be revoked by the Court or Judge, upon proof that the party was or has since become able to make the necessary disbursements.

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    41.   If a party proceeding in forma pauperis obtains judgment in his or her favour, the other party may be condemned to pay costs, including those of the officers of justice, who are then entitled to an execution to obtain payment thereof from such party by way of distraction.

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    No more than one execution can, however, be issued for all the taxed costs remaining unpaid; it is issued at the instance of the Registrar, or of any party interested, and the monies are returned into the office of the Registrar, who pays the same free of charge to the parties entitled thereto.

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    41A.   (See now Supreme Court Act, section 20) (Amended by Act 17 of 1953)

BOOK SECOND
THE SUIT

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