2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

Schedule

FORM 1

(Rule 4)

ELECTION PETITION

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT

SAINT LUCIA

Election for (state the electoral district) held on the      day of      , 20    
BETWEEN
A.B.      Petitioner.
And
X.Y      Respondent.
The petition of A.B. of      (or of
A.B. of      and C.D. of      ) (as the case may be) whose name is
subscribed.
1.     Your petitioner A.B. is a person who voted (or had a right to vote (as the case may be) at the above election (or claims to have had a right to be returned at the above election, or was a candidate at the above election); and your petitioner C.D.     
     (here state in like manner the right of each petitioner).
2.     Your petitioner states that the election was held on the     
     day of      , 20     , when E.F., G.H. and I.J. were
     candidates, and the returning officer has returned E.F. as being duly elected.
3.     Your petitioner says that (here state in specific paragraphs the facts and grounds on which the petitioner relies).
     WHEREFORE your petitioner prays that it may be determined and the said E.F. was not duly elected or returned, and that the election was void (or that the said G.H. was duly elected and ought to have been returned, or as the case may be).
     Dated this      day of      , 20    
    
Petitioner

FORM 2

(Rule 6 (2))

APPLICATION FOR PRACTICULARS

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT

SAINT LUCIA

(Title as in the Case of the Election Petition)
Notice of Application
The Petitioner AB. (full names), of      (full address) applies to the
court for an order that the petitioner deliver to the respondent or his or her legal practitioner particulars in writing of     
The grounds of the application are
A draft of the order that I seek is attached.
[An affidavit in support accompanies this application]

FORM 3

(Rule 6(5))

PARTICULARS DELIVERED

(Title as in the Case of the Election Petition)
The following are the particulars delivered by the petitioner to the respondent on the .......... day of .............................. 20..........
(This form may be adapted to suit other election offences under the Act.)
BRIBERY
No in particularsName of person bribedAddressRegister or occupationName of person bribingAddressTime when bribedPlace where bribedAmount and character of bribe





FORM 4

(Rule 7(1))

NOTICE OF PRESENTATION OF ELECTION PETITION

(Title as in the Case of the Election Petition)
Take notice that a petition complaining of     
(state the grounds of complaint briefly) and praying that     
(state briefly the prayer of the petition) was presented to the Court on the     
day of      , 20    
Dated the      day of      , 20    
To:
(Name of Respondent)     
(Address)     
    
Petitioner

FORM 5

(Rule 8 (2))

APPLICATION FOR SERVICE TO BE DEEMED SUFFICIENT

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT

SAINT LUCIA

(Title as in the Case of the Election Petition)
Notice of Application
The Petitioner AB. (full names), of      (full address) applies to the
Court for an order that all reasonable effort has been made to effect personal service and cause the matter to come to the knowledge of the respondent and what has been done shall be considered sufficient service.
The grounds of the application are—
A draft of the order that I seek is attached.
[An affidavit in support accompanies this application]
Dated     
Signed     
[Legal Practitioner for the] Applicant
This application will be heard by [the Judge in Chambers] [Master] on the day of     
     , 20     at      am/pm at [xxxxxxxxxxxxx]
If you do not attend this hearing an order may be made in your absence.
OR
The [Judge in Chambers] [Master] will deal with this application by—
NB This notice of application must be served as quickly as possible on the respondent to the application.
The court office is at [xxx xxx xxx] telephone number xxx-xxxx, Facsimile xxx.xxxx. The office is open between [.......... a.m.] and [.......... p.m.]
     to      except public holidays.

FORM 6

(Rule 8(3))

APPLICATION FOR SUBSTITUTED SERVICE

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT

SAINT LUCIA

(Title as in the Case of the Election Petition)
Notice of Application
The Petitioner AB. (full names), of      (full address)
applies to the court for substituted service permitting the posting of (a) a Notice in the office of the Registrar; or (b) a Notice published in a newspaper of general circulation in Saint Lucia stating that the election petition has been presented, the name of the petitioner, the prayer and the nature of the proposed security as personal service on the respondent.
The grounds of the application are—
A draft of the order that I seek is attached.
[An affidavit in support accompanies this application]
Dated     
Signed     
[Legal Practitioner for the] Applicant     
This application will be heard by [the Judge in Chambers] [Master] on the day of     
     , 20     at      a.m./p.m. at [xxx xxx xxx]
If you do not attend this hearing an order may be made in your absence.
OR
The [Judge in Chambers] [Master] will deal with this application by—
NB This notice of application must be served as quickly as possible on the respondent to the application.
The court office is at [xxx xxx xxx] telephone number xxx-xxxx, Facsimile xxx.xxxx. The office is open between [.......... a.m.] and [.......... p.m.]
     to      except public holidays.

FORM 7

(Rule 10 (3))

RECOGNIZANCE GIVING SECURITY FOR COSTS

(Title as in the Case of the Election Petition)
Be it remembered that on the      day of      , 20     ,
before me      (name and description) came A.B. of      (name and
description as above) and acknowledged himself (or severally acknowledged themselves) to owe to Our Sovereign Lady the Queen the sum of (in words) dollars (or the following sums) (that is to say) the said C.D., the sum of (in words) dollars, the said E.F., the sum of (in words) dollars, and the said G.H., the sum of    
(in words) dollars to be levied on his or her (or their respective) goods and chattels, lands and tenements to the use of Our said Lady the Queen, Her heirs and successors.
The condition of this recognizance is that if     
(here insert the names of all the petitioners, and if more than one, add or any of them) shall well and truly pay all costs, charges and expenses in respect of the election petition signed by him or her (or them) relating to     
(here insert the name of the electoral district) which shall become payable by the said petitioner under the Elections (Election Petition) Rules to any person, then this recognizance to be void, otherwise to stand in full force.
    
Petitioner and Sureties
Taken and acknowledged by the above named (names of petitioner and sureties) on the .......... day of .............................., 20.........., before me.
    

FORM 8

(Rule 10(4))

NOTICE OF NATURE OF THE SECURITY

(Title as in the Case of the Election Petition)
Take notice that security for the costs, charges and expenses has been given     
     (state the nature of the security given, i.e. whether by deposit of money
or by recognizance and the names and the description of the sureties and the amounts for which each surety has bound himself or herself).
Dated the      day of      , 20    
To:
(Name of Respondent)     
(Address)     
    
Petitioner

FORM 9

(Rule 10(6))

APPLICATION OBJECTING TO SECURITY

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT

SAINT LUCIA

(Title as in the Case of the Election Petition)
Notice of Application
The Petitioner AB. (full names), of      (full address)
applies to the court for an order that the security given by the respondent be rejected.
The grounds of the application are—
A draft of the order that I seek is attached.
[An affidavit in support accompanies this application]
Dated     
Signed     
[Legal Practitioner for the] Applicant:
This application will be heard by [the Judge in Chambers] [Master]      on
the      day of      ,      at      am/pm at
If you do not attend this trial an order may be made in your absence.
OR
The [Judge in Chambers] [Master] will deal with this application by —
NB This notice of application must be served as quickly as possible on the respondent to the application.
The court office is at telephone number, Facsimile. The office is open between
[     a.m.] and [     p.m.]      to     
except public holidays.

FORM 10

(Rule 10(9))

ORDER UPON AN APPLICATION OBJECTING TO SECURITY

(Title as in the Case of the Election Petition)
Before Mr./Mde. Justice
The      day of      , 20     ,
Upon objection to the security given by the petitioner herein made by application on the
     day of      , 20    
And upon reading the affidavit of      dated the     
day of      , 20     , and hearing the evidence of witnesses
personally examined, (if such evidence was required) and counsel on behalf of the parties.
It is declared that the security by the petitioner in the above-mentioned petition is insufficient and it is ordered that the objection be allowed but that the petitioner be at liberty to remove the objection thereto by depositing with the High Court the sum of (in words) dollars within     
days from this day (the period is not to exceed ten days).
(In case the security is declared sufficient this order shall read – It is Declared that the security given by the petitioner in the above-mentioned petition is sufficient and it is ordered that the objection be disallowed and that the costs of this objection to be paid by the petitioner (or the respondent as the case may be).
     By the Judge
    
Registrar

FORM 11

(Rule 13(2))

APPLICATION TO AMEND ELECTION PETITION

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT

SAINT LUCIA

(Title as in the Case of the Election Petition)
Notice of Application
The Petitioner AB. (full names), of      (full address)
applies to the court for an order that the election be amended.
The grounds of the application are—
A draft of the order that I seek is attached.
[An affidavit in support accompanies this application]
Dated     
Signed     
[Legal Practitioner for the] Applicant:
This application will be heard by [the Judge in Chambers] [Master] on the     
     day of      ,      at      am/pm at
If you do not attend this trial an order may be made in your absence.
OR
The [Judge in Chambers] [Master] will deal with this application by—
NB This notice of application must be served as quickly as possible on the respondent to the application.
The court office is at telephone number, Facsimile The office is open between [    
     a.m.] and [     p.m.]      to     
except public holidays.

FORM 12

(Rule 14(1))

APPLICATION FOR LEAVE TO WITHDRAW ELECTION PETITION

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT

SAINT LUCIA

(Title as in the Case of the Election Petition)
Notice of Application
The Petitioner AB. (full names), of      (full address)
applies to the court for an order that his or her the election petition be withdrawn.
The grounds of the application are—
A draft of the order that I seek is attached.
[An affidavit in support accompanies this application]
Dated     
Signed     
[Legal Practitioner for the] Applicant
This application will be heard by [the Judge in Chambers] [Master]      on
the      day of      ,      at      am/p m at
If you do not attend this trial an order may be made in your absence.
OR
The [Judge in Chambers] [Master] will deal with this application by—
NB This notice of application must be served as quickly as possible on the respondent to the application.
The court office is at telephone number, Facsimile The office is open between [    
     a.m.] and [     p.m.]      to     
except public holidays.

FORM 13

(Rule 14(2))

NOTICE TO REGISTRAR AND RESPONDENT OF APPLICATION FOR LEAVE TO WITHDRAW ELECTION PETITION

(Title as in the Case of the Election Petition)
1.     The petitioner proposes to apply to withdraw his or her petition upon the following grounds:
          (Here state the grounds).
2.     He accordingly prays that a day may be appointed for trial of the application.
     Dated the      day of      , 20    
         
Petitioner
To:
The Registrar.

FORM 14

(Rule 14 (2))

NOTICE TO PUBLIC OF APPLICATION FOR LEAVE TO WITHDRAW ELECTION PETITION

(Title as in the Case of the Election Petition)
Notice is hereby given that the above petitioner has on the      day
of      , 20     , lodged at the High Court Registry notice
of an application to withdraw the election petition of which notice the following is a copy—
(Here set out a copy of the notice to the Registrar and respondent)
And take notice that by the Rule made by the Chief Justice any person who might have been a petitioner in respect of the said election may, within five days after the publication by the Registrar of this notice, give notice in writing of his or her intention on the trial to apply for leave to be substituted as a petitioner.
Dated the      day of      , 20    
    
Registrar

FORM 15

(Rule 15(1))

APPLICATION FOR SUBSTITUTION OF A PETITIONER

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT

SAINT LUCIA

(Title as in the Case of the Election Petition)
Notice of Application
The Petitioner AB. (full names), of      (full address)
applies to the court for an order substituting      as a
petitioner in place of the deceased petitioner      .
The grounds of the application are—
A draft of the order that I seek is attached.
[An affidavit in support accompanies this application]
Dated     
Signed     
[Legal Practitioner for the] Applicant
This application will be heard by [the Judge in Chambers] [Master ]      on
the      day of      ,      at      a.m./p.m. at
If you do not attend this trial an order may be made in your absence.
OR
The [Judge in Chambers] [Master] will deal with this application by—
NB: This notice of application must be served as quickly as possible on the respondent to the application.
The court office is at telephone number, Facsimile The office is open between [    
     a.m.] and [     p.m.]      to     
except public holidays.

FORM 16

(Rule 16(3))

NOTICE OF ABATEMENT OF ELECTION PETITION

(Title as in the Case of the Election Petition)
Take notice that the petitioner (or the survivor of the several petitioners) in the above election petition died on the     
day of      , 20     , at      in the     
     of and that consequently the election petition was abated by such death.
Dated the      day of     
    
A party or person interested in the election petition

FORM 17

(Rule 17(1)(a))

NOTICE TO BE PUBLISHED OF DEATH OF THE RESPONDENT

(Title as in the Case of the Election Petition)
Take notice that      the respondent     
died on the      day of      , 20     ,     
at      in the      of     
    
A person entitled to be a petitioner in respect of the election questioned

FORM 18

(Rule 17(1)(b))

NOTICE TO BE PUBLISHED BY RESPONDENT OF INTENTION NOT TO OPPOSE THE ELECTION PETITION

(Title as in the Case of the Election Petition)
Take Notice that I the undersigned respondent do not intend to oppose the above petition.
    
Respondent
To:
The Registrar and the petitioner

FORM 19

(Rule 17(2))

APPLICATION TO BE ADMITTED AS RESPONDENT TO OPPOSE THE ELECTION PETITION

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT

SAINT LUCIA

(Title as in the Case of the Election Petition)
Notice of Application
The Petitioner AB. (full names), of      (full address)
applies to the court for an order to be admitted as a respondent to oppose the election petition in place of     
who died on the     
day of      , 20     .
The grounds of the application are—
A draft of the order that I seek is attached.
[An affidavit in support accompanies this application]
Dated     
Signed     
[Legal Practitioner for the] Applicant
NOTICE:
This application will be heard by [the Judge in Chambers] [Master] on the day of     
     ,      at      a.m./p.m. at     
If you do not attend this trial an order may be made in your absence.
OR
The [Judge in Chambers] [Master] will deal with this application by—
NB This notice of application must be served as quickly as possible on the respondent to the application.
The court office is at telephone number, Facsimile. The office is open between     
     a.m. and      p.m.      to     
except public holidays.

FORM 20

(Rule 20(1))

NOTICE OF RECRIMINATORY GROUNDS

(Title as in the Case of the Election Petition)
Take notice that I the respondent in the above-mentioned election petition intend to complain of the election of     
the person on whose behalf the seat is claimed undue and that the following are the grounds on which I intend to rely in support of that complaint—
    
(Here set out the grounds which the respondent intends to complain of)
    
Respondent or his or her Legal Practitioner
To:
The petitioner and his or her legal representative.

FORM 21

(Rule 23(1))

NOTICE OF TRIAL

(Title as in the Case of the Election Petition)
Take notice that the above election petition (or election petitions) will be tried in the High Court on the     
day of      , 20     , commencing at      a.m./p.m.
and on such other subsequent days as required.
    
Registrar
To:
The petitioner and the respondent and their legal practitioner.

FORM 22

(Rule 23(4))

APPLICATION TO TURN ELECTION PETITION INTO SPECIAL CASE

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT

SAINT LUCIA

(Title as in the Case of the Election Petition)
Notice of Application
The Petitioner AB. (full names), of      (full address)
applies to the court for an order that the case raised by the petitioner be stated as a special case, and that in the event of the parties differing the same be referred to settle, and that the costs of this application be costs in the election petition.
The grounds of the application are—
[An affidavit in support accompanies this application]
Dated     
Signed     
[Legal Practitioner for the] Applicant
NOTICE:
This application will be heard by [the Judge in Chambers] [Master] on the day of     
     ,      at      a.m./p.m.
at     
If you do not attend this trial an order may be made in your absence.
OR
The [Judge in Chambers] [Master] will deal with this application by—
NB This notice of application must be served as quickly as possible on the respondent to the application.
The court office is at telephone number, Facsimile. The office is open between     
     a.m. and      p.m.      to     
except public holidays.