Revised Laws of Saint Lucia (2021)

District Courts (Tariff of Fees) Rules – Section 51

(Statutory Instrument 13/1988)

Statutory Instrument 13/1988 .. in force 16 April 1988

ARRANGEMENT OF RULES

DISTRICT COURTS (TARIFF OF FEES) RULES – SECTION 51

Commencement [16 April 1988]

1.   Citation

These Rules may be cited as the District Courts (Tariff of Fees) Rules.

2.   Fees and charges payable

1.  

   (1)   The following fees and charges shall be payable in respect of the several matters hereinafter set out.

1.  

   (2)   All fees payable to a court shall be paid in stamps affixed to the document in respect of which they are paid, or, if the fee is payable otherwise than in respect of a document, the stamps shall be affixed to or impressed upon the form of application (if any) or in or upon some appropriate book or other office record.

   1. CRIMINAL CASES
   	FEE
   On lodging complaint or information, including summons to defendant	$5
   For every defendant after the first	2
   For every witness summoned	2
   Hearing fee	5
   Warrant to search	5
   Warrant to arrest	5
   Every copy of a conviction or order	5
   On every notice in writing stating grounds of appeal	5
   For taking recognizance on appeal	5
   For copy of proceedings in any case per folio of 100 words	2
   Note: The above fees are to be paid before any process is issued or before the performance of any of the other services mentioned.
   Witnesses
   To every professional giving evidence — for each day's attendance	50
   For every other witness — for each day of attendance at Court (for fees or expenses)	25
   These fees shall be paid before the date of hearing or as may be ordered by the magistrate.

   2. IN CIVIL CASES
   Court, Including Bailiff's Fees
   	Up to $1,000	Over $1,000 Up to $2,000	Over $2,000 Up to $4,000	Over $4,000
   	$	$	$	$
   Summonses:
   A writ of summons including summons in case of opposition or otherwise	10	15	20	25
   A copy thereof including service, if any	5	5	5	5
   Execution before judgment with summons:
   A writ of attachment, revendication, or other writ to attach or seize property before judgement with summons	10	15	20	25
   A copy thereof including service, if any	5	5	5	5
   Execution thereof	10	15	20	25
   Execution before judgement, after summons:
   A writ of attachment, revendication, or other writ to attach or seize property before judgement	10	15	20	25
   A copy thereof including service, if any	5	5	5	5
   execution thereof	10	15	20	25
   Execution after judgement:
   A writ of seizure after judgement	10	15	20	25
   A copy thereof including service	5	5	5	5
   Execution thereof	10	15	20	25
   Possession:
   A writ of possession or ejectment	10	10	10	10
   A copy thereof including service, if any	5	5	5	5
   execution thereof	10	10	10	10
   Capias:
   A writ of capias ad respondendum to be issued—
   (a)     simultaneously with a separate writ of summons	25	25	25	25
   (b)     after the issue of a writ of summons but before judgement	10	15	20	25
   (c)     after judgement	10	15	20	25
   A copy of any of the above writs, including service, if any	5	5	5	5
   A person to be arrested in executing warrant of arrest or writ of capias before or after judgement	25	25	25	25

   Subpoena:
   A subpoena including service and hearing	2	5	5	10
   Hearing Fee	5	15	15	20
   Service
   Service on every person of a notice to quit or of a copy thereof (bailiff's fee)	6	6	6	6
   Service of judgement ordering commitment to prison	10	10	10	10
   Service on every person in any case not otherwise provided for, value or no value	5	5	5	5
   Special additional fee for immediate service
   (a)     Within the limits of the city of Castries, and the towns of Soufriere and Vieux Fort	6	6	6	6
   (b)     Additional for every or part of a mile beyond the said city or town limits	5	5	5	5
   Appeal:
   An appeal, including service of notice to parties to appear in the High Court	10	15	20	25
   Supplementary:
   A writ or other proceeding whatsoever not otherwise provided for according to value	10	15	20	25
   A copy thereof including service, if any	5	5	5	5
   Where no certainable value	10	10	10	10
   A copy thereof including service, if any	5	5	5	5
   An extract of judgement or order	5	5	5	5
   Writing notice of appeal	5	5	5	5
   Searching records of decided cases	5	5	5	5
   Producing records of decided cases including search for same	5	5	5	5
   Copying proceedings, per folio of 100 words	5	5	5	5
   Witnesses' Fees and Expenses
   Fees:
   Professional persons, per day	50	50	50	50
   Merchants, planters, bankers, managers, accountants not exceeding per day	50	50	50	50
   Tradesmen, auctioneers, overseers, bookkeepers, clerks not exceeding per day	25	25	25	25
   Artisans and journeymen not exceeding per day	20	20	20	20
   Labourers, porters, and the like, not exceeding per day	15	15	15	15
   Other unclassified witnesses, not exceeding per day	10	10	10	10
   Travelling Expenses:
   Such sum as the taxing officer considers reasonable and proper but not exceeding $3 per mile each way where no public transport is available provided that the taxing officer shall refuse to allow transport expenses where he or she is satisfied that none have been incurred.
   Every question as to the application of the items of this tariff, whether as to value or otherwise, shall be decided by the clerk, and in his or her absence by the assistant clerk subject to revision by the magistrate, in case any party is dissatisfied with the taxation. the magistrate's decision shall be final in every case.

   3. SOLICITORS' FEES
   (a) Criminal Cases
   		$ c.
   1.	for preparing and filing any criminal cause or complaint	50
   2.	for appearing in any criminal cause or complaint	200
   3.	for preparing and filing any notice of appeal	25
   4.	for preparing and filing any grounds of appeal except statutory	100
   5.	for filing statutory grounds of appeal	25
   6.	for preparing and filing any affidavit	50
   7.	any other document for which in the opinion of the magistrate, such fee should be allowed in the particular instance not exceeding	50
   (b) Civil Cases
   For preparing in a cause, or matter, before the Court—
   1.	a declaration, pleading, petition of application in lieu of or in the nature of a petition, including one copy thereof	75
   	any additional copy thereof	10
   2.	for appearing in any civil cause or matter	300
   3.	for preparing and filing any notice of appeal including grounds of appeal	150
   4.	for preparing and filing any affidavit	50
   5.	any other document for which in the opinion of the magistrate, such fee should be allowed in the particular instance, not exceeding	50
   	a copy thereof not exceeding	10
   6.	for preparing a praecipe for a writ of execution after judgement against movables, or immovables	50