Revised Laws of Saint Lucia (2021)

690.   Proceedings on non-appearance of defendant

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    (1)   If the defendant against whom a summons is issued fails to appear before the Court at the time stated in the summons and it is proved upon oath, to the satisfaction of the Court, that the summons was duly served within the time appointed for his or her appearance or that the defendant wilfully avoided service, the Court may, in its discretion either—

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      (a)     proceed ex parte to hear and determine the complaint, and as if the defendant had appeared in person before the Court in obedience to the summons; or

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      (b)     upon oath made by or on behalf of the complainant, substantiating the complaint, to the satisfaction of the Court, issue a warrant to arrest the defendant and to bring him or her before the Court to answer to the complaint, and to be dealt with further according to law.

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    (2)   If service of the summons is not proved to the satisfaction of the Court, or if a warrant is issued for the arrest of the defendant, the Court may adjourn the hearing of the case to some future date, in order that proper service may be effected, or until the defendant is arrested, as the case may be.

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    (3)   If the defendant is later arrested on a warrant, he or she shall be brought before a magistrate who shall commit him or her, either by warrant to a correctional facility or by verbal order to the custody of the police officer who arrested him or her, or to such safe custody as he or she thinks fit, and order him or her to be brought before the Court at such time as the Court may determine.

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    (4)   The magistrate shall direct that notice of the time and place of hearing be duly served on the complainant.

Procedure on Parties Appearing