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SUPREME COURT ACT
2023 Laws not yet authenticated through a Commencement Order
Revised Laws of Saint Lucia (2023)
Back to Revised Laws of Saint Lucia (2023)
SUPREME COURT ACT
ACT
PART I INTRODUCTORY
1. Citation, commencement and revocation
2. Interpretation
3. Application to Saint Vincent
PART II THE SUPREME COURT
4. Establishment of Supreme Court
5. Appointment of judges
6. Acting judges
7. Oaths
8. Tenure of office of judges
9. Jurisdiction in the States
10. Jurisdiction in other territories
PART III GENERAL
11. Remuneration, etc. of judges
12. Chief Registrar and other officers
13. Pensions of judges, Chief Registrar and other officers
14. Resignations
15. Expenses of the Court
16. Posting of judges
17. Rules of Court
PART IV JUDICIAL AND LEGAL SERVICES COMMISSION
18. Establishment of Commission
19. Functions and procedure of Commission
20. Staff
21. Expenses
PART V TRANSITIONAL PROVISIONS
22. Pending proceedings
23. Existing laws, etc.
24. Interim Commission
25. Terms of service of judges
Schedule 1
Schedule 2
Schedule 3
SUBSIDIARY LEGISLATION
Eastern Caribbean Supreme Court (Saint Lucia) Act (Acts 17 of 1969, 32 of 1972, 4 of 1975 and 25 of 2000)
PRELIMINARY
1. Short title
Judges of the Supreme Court: Terms and Conditions of Service (Sick Leave) Regulations – Section 11 (Statutory Instrument 39/1970)
Supreme Court (Salaries, Allowances and Conditions of Service of Judges) Order – Section 11 (Statutory Instruments 2/1975, 30/1989, 1/1985, 30/1983 and 97/2008)
1. Citation
2. Interpretation
3. Amendment of Supreme Court Order
4. Residence
5. Travelling and duty allowance
6. Board and Lodging
7. Subsistence allowance
8. Entertainment allowance
9. Allowances free of Income Tax
10. Leave and leave passages
11. Levy
12. Pensions
Schedule 1
Supreme Court Offices (Salaries and Allowances of Chief Registrar and Secretary to the Chief Justice) Order – Section 12 (Statutory Instrument 34/1987)
1. Citation
2. Interpretation
3. Salary and Allowances of Chief Registrar
4. Salary and Allowances free of Income Tax
Supreme Court (Prescribed Offices) Order – Section 12 (Statutory Instrument 30/1967)
1. Citation
2. Offices of Court of Appeal
Supreme Court (Prescribed Offices) Order – Section 12 (Statutory Instrument 109/2001)
1. Citation
2. Prescribed Offices
Supreme Court – Prescription by 30 Years (Declaration of Title) Rules – Section 17 (Statutory Instrument 7/1970)
1. Citation
2. Application
3. Interpretation
4. Application for declaration of title
5. Contents of petition
6. Affidavits to accompany petition
7. Plan to accompany petition
8. Summons and advertisement
9. Service on adjoining owners
10. Judge may order special notification for advertisement
11. Appearance and written claim
12. Procedure on non-appearance
13. Duties of Registrar on appearance
14. Default in filing claim
15. Court may adjudicate between opposing claimants
Schedule
Judicial and Legal Services Commission Regulations – Section 17 (Statutory Instrument 43/1967)
1. Citation
2. Interpretation
3. Oath of Office
4. Procedure and Meetings
5. Decisions other than at a Meeting
6. Record of Meetings and Decisions
7. Consultation with other Persons
8. Principles of Selection
Schedule
Supreme Court (Masters) Order – Section 12(1) (Statutory Instruments 98/2008, 44/2009, 112/2012, 45/2014, 120/2015 and 2/2016)
1. Citation
2. Interpretation
3. Establishment of the office of Master
4. Functions
5. Number of Masters
6. Abolition of office only with consent of incumbent
7. Qualifications
8. Tenure of office of Masters
9. Retirement
10. Pension
11. Status of Acting Masters
12. Posting
13. Assignments
14. Salary
15. Housing allowance
16. Travel allowance
17. Accommodation
18. Telephone
19. Relocation expenses
20. Vacation leave
21. Medical leave
22. Medical fitness
23. Oaths
Schedule 1
Schedule 2
Supreme Court (Saint Lucia) (Criminal Division) Rules – Section 17 (Statutory Instruments 115/2008 and 82/2014)
1. Citation
2. Interpretation
3. Establishment of Criminal Division
4. Puisne Judges
4A. Master
5. Magistrates
6. Criminal Division Manager
7. Support personnel to report to Criminal Division Manager
8. Courts to sit continuously
Supreme Court (Legal Profession Disciplinary Procedure) Rules – Section 17 (Statutory Instrument 17/2014)
PART 1 PRELIMINARY
1. Citation
Schedule
Eastern Caribbean Supreme Court (Tarriff of Fees) (Deeds and Mortgages) – Section 70 (Statutory Instrument 12/1975)
1. Citation
2. Tariff of Fees
Eastern Caribbean Supreme Court (Administrator General's Commission) Order – Section 75 (Statutory Instrument 13/1975)
1. Citation
2. Administrator General's Commission
Eastern Caribbean Supreme Court (Constitution of the Court of Appeal) Notice – Section 5 (Statutory Instrument 27/1988)
Eastern Caribbean Supreme Court (Sittings of the Court) Rules – Section 17 (Statutory Instruments 108/2014 and 29/2017)
1. Citation
2. Commencement
3. Interpretation
4. General sittings of the High Court in non-criminal matters
5. Sittings of the High Court in criminal matters
6. Sittings of the High Court in Anguilla, Montserrat and Nevis
7. Sittings of the Court of Appeal
8. Vacations of the Court
9. Hearings in vacation
Eastern Caribbean Supreme Court (Court Proceedings Fees) (Saint Lucia) Rules – Section 19(2) (Statutory Instruments 103/2017, 120/2017, 6/2019 and 40/2022)
1. Citation
2. High Court civil proceedings fees
3. High Court family proceedings fees
4. High Court admiralty and bankruptcy proceedings fees
5. Non-contentious probate and administration of estates proceedings fees
6. Court of Appeal Fees
7. Transcript of court proceedings fees
7A. FEES FOR SERVICES PROVIDED TO OR BY THE COURT
7B. PAYMENT OF FEES
8. Revocation
Schedule 1
Schedule 2
Schedule 3
Schedule 4
Schedule 5
Schedule 6
Schedule 7
Schedule 7A
Schedule 8
Eastern Caribbean Supreme Court (Non-Contentious Probate and Administration of Estates) Rules – Section 17 (Statutory Instrument 104/2017)
1. Citation
2. Interpretation
3. Application
4. Forms
5. To whom and where applications are to be made
6. Who can make an application
7. Hearing of applications
8. How to apply for a grant of probate
9. How to apply for letters of administration with will annexed
10. Order of priority for grant where deceased left a will
11. How to apply for a grant of probate of a notarial will in Saint Lucia
12. How to apply for letters of administration in case of a minority or a life interest where person dies intestate
13. How to apply for a grant of letters of administration
14. Order of priority in case of intestacy
15. Advertisement of application for a grant of probate or letters of administration
16. How to apply for small estate grants
17. Evidence as to due execution of will
18. Marking and exhibiting of will
19. Rectification of will
20. Engrossment of will
21. Will in custody of foreign court or official
22. Affidavits
23. Renunciation of probate and administration
24. Retraction of renunciation of probate and administration
25. Notices and consents
26. Joinder of administrator
27. Grants to a corporation
28. Grants where deceased died domiciled outside the jurisdiction of the Member State
29. How to apply for a grant in respect of the estate of a person who died domiciled outside the jurisdiction of a Member State
30. How to apply for resealing of grants
31. Amendment and revocation of a grant
32. Application for fresh grant after revocation
33. Limited AND SPECIAL grants
34. How to apply for a grant to an attorney
35. Grant of letters of administration to consular officer
36. How to apply for a grant of letters of administration to a consular officer
37. Grant on behalf of a minor
38. Grant where minor is a co-executor
39. How to apply for a grant on behalf of a minor
40. Grant of letters of administration where person entitled is mentally incapable
41. How to apply for a grant for use and benefit of a mentally incapable person
42. How to apply for a grant for a physically incapable person
43. Lost will or oral will grants
44. How to apply for a lost will grant
45. Grant of letters of administration under the discretionary powers of the Court
46. How to apply for a grant of letters of administration under the discretionary powers of the Court
47. Emergency grants
48. How to apply for an emergency grant
49. Grants pending suit
50. How to apply for a grant of letters of administration pending suit
51. Determination of probate action
52. How to apply for a grant limited to part of an estate
53. How to apply for a grant durante absentia
54. How to apply for leave to swear death grant
55. Second and subsequent grants
56. How to apply for a grant de bonis non administratus
57. How to apply for a cessate grant
58. How to apply for a double probate grant
59. Duty of the Court on receiving an application for a grant of probate or letters of administration
60. Action after grant is made
61. Entry, duration and renewal of caveat
62. Warning to caveat
63. Expiry of caveat
64. Probate Actions
65. Citations
66. Citation to accept or refuse or to take a grant
67. Acknowledgment of citation to accept or refuse or take a grant, then default
68. Default of acknowledgment of service of citation to accept or refuse or take a grant
69. Citation to propound a will
70. Acknowledgment of service of citation to propound a will, then default
71. Default of acknowledgment of service of citation to propound a will
72. Affidavit of service to citation
73. Application for an order to attend for examination or for summons to bring in will
74. Fees
Schedule
Eastern Caribbean Supreme Court (Electronic Litigation Filing and Service Procedure) Rules – Section 17 (Statutory Instruments 87/2018 and 43/2019)
1. Citation
2. Interpretation
3. Application of Rules
4. Operation of Electronic Litigation Portal
5. Registration
6. Electronic submission of document
7. Format of document
8. Electronic signature
9. Filing within and outside hours of business
10. Fees
11. Processing by the Court's Registry
12. Electronic compilation of trial bundle, core bundle and record of appeal
13. Service of document by electronic means
14. Proof of service
15. Service by electronic means by or on the Court
16. Practice Directions and Practice Guides
Schedule 1
Schedule 2
Eastern Caribbean Supreme Court (Sentencing Guidelines) Rules – Section 17 (Statutory Instrument 129/2019)
1. Citation
2. Interpretation
3. Application of Rules
4. Sentencing guidelines
5. Purpose of sentencing guidelines
6. Application of sentencing guidelines by the Court
7. Practice directions and practice guides
8. Application of Practice Directions
9. Sentencing Advisory Committee
Eastern Caribbean Supreme Court Civil Procedure Rules (Revised Edition) 2023– Section 17 (Statutory Instrument 64/2023)
1. Citation and commencement
2. Revocation
Eastern Caribbean Supreme Court (Bail) Rules – Section 17 (Statutory Instrument 128/2023)
1. Citation and commencement
2. Interpretation
3. Overarching principles
4. Application of Rules
5. Application relating to bail
6. Hearing of application
7. Considerations for the grant of bail
8. Bail applications for indigent and unrepresented persons
9. Assistance by the Commissioner
10. Waiver of bail application fees for indigent and unrepresented persons
11. Bail application forms
12. Application of these Rules to Saint Lucia
Schedule