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2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

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PART 68
CONTENTIOUS PROBATE PROCEEDINGS

Contents of this Part
Scope of this Part	Rule 68.1
How to commence probate proceedings	Rule 68.2
Parties to proceedings for revocation of grant	Rule 68.3
Lodgement of grant in proceedings for revocation	Rule 68.4
Affidavit of testamentary scripts	Rule 68.5
Failure to file acknowledgment of service	Rule 68.6
Counterclaim	Rule 68.7
Contents of statements of case	Rule 68.8
Discontinuance and dismissal	Rule 68.9
Compromise of claim: trial on affidavit evidence	Rule 68.10
Application for order to bring in will, etc.	Rule 68.11
Probate counterclaim in other proceedings	Rule 68.12

PART 68 CONTENTIOUS PROBATE PROCEEDINGS

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

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

PART V TRANSITIONAL PROVISIONS

22. Pending proceedings

23. Existing laws, etc.

24. Interim Commission

25. Terms of service of judges

SUBSIDIARY LEGISLATION

Eastern Caribbean Supreme Court (Saint Lucia) Act (Acts 17 of 1969, 32 of 1972, 4 of 1975 and 25 of 2000)

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)

2. Interpretation

3. Amendment of Supreme Court Order

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

Supreme Court Offices (Salaries and Allowances of Chief Registrar and Secretary to the Chief Justice) Order – Section 12 (Statutory Instrument 34/1987)

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)

2. Offices of Court of Appeal

Supreme Court (Prescribed Offices) Order – Section 12 (Statutory Instrument 109/2001)

2. Prescribed Offices

Supreme Court – Prescription by 30 Years (Declaration of Title) Rules – Section 17 (Statutory Instrument 7/1970)

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

Judicial and Legal Services Commission Regulations – Section 17 (Statutory Instrument 43/1967)

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

Supreme Court (Masters) Order – Section 12(1) (Statutory Instruments 98/2008, 44/2009, 112/2012, 45/2014, 120/2015 and 2/2016)

2. Interpretation

3. Establishment of the office of Master

5. Number of Masters

6. Abolition of office only with consent of incumbent

7. Qualifications

8. Tenure of office of Masters

11. Status of Acting Masters

13. Assignments

15. Housing allowance

16. Travel allowance

17. Accommodation

19. Relocation expenses

20. Vacation leave

21. Medical leave

22. Medical fitness

Supreme Court (Saint Lucia) (Criminal Division) Rules – Section 17 (Statutory Instruments 115/2008 and 82/2014)

2. Interpretation

3. Establishment of Criminal Division

4. Puisne Judges

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

Eastern Caribbean Supreme Court (Tarriff of Fees) (Deeds and Mortgages) – Section 70 (Statutory Instrument 12/1975)

2. Tariff of Fees

Eastern Caribbean Supreme Court (Administrator General's Commission) Order – Section 75 (Statutory Instrument 13/1975)

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)

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)

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

Eastern Caribbean Supreme Court (Non-Contentious Probate and Administration of Estates) Rules – Section 17 (Statutory Instrument 104/2017)

2. Interpretation

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

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

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

Eastern Caribbean Supreme Court (Electronic Litigation Filing and Service Procedure) Rules – Section 17 (Statutory Instruments 87/2018 and 43/2019)

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

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

Eastern Caribbean Supreme Court (Sentencing Guidelines) Rules – Section 17 (Statutory Instrument 129/2019)

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

PART 1 THE OVERRIDING OBJECTIVE

1.1 The overriding objective

1.2 Application of overriding objective by the court

1.3 Duty of parties

PART 2 APPLICATION AND INTERPRETATION OF THESE RULES

2.2 Application of these Rules

2.3 Application of Interpretation Acts

2.4 Definitions

2.5 Who may exercise the powers of the court

2.6 Court staff

2.7 Court's discretion as to where, when and how it deals with cases

2.7 Court's discretion as to where, when and how it deals with cases

PART 3 TIME AND DOCUMENTS

3.1 Time — court to state calendar date

3.2 Time — computation

3.4 Hearings in vacations

3.5 Time –vacations

3.7 Filing of documents

3.8 Sealing of documents issued by the court

3.10 Statement of case — address for service

3.11 Statement of case – certificate of truth

3.12 Failure to give certificate of truth

3.13 Right to inspect, etc. certain documents filed in court office

PART 4 PRACTICE DIRECTIONS AND GUIDES

4.1 Who may issue practice directions

4.2 Scope of practice directions

4.3 Publication of practice directions

4.4 Compliance with practice directions

4.5 Practice guides

4.6 Date from which practice directions and guides take effect

4.7 Practice Directions and Practice Guides made under Civil Procedure Rules 2000

PART 5 SERVICE OF CLAIM FORM WITHIN JURISDICTION

5.1 Service of claim form – normal method

5.2 Statement of claim to be served with claim form

5.3 Method of personal service

5.4 Permitted place of service

5.5 Proof of personal service

5.6 Service on legal practitioner

5.7 Service on limited company

5.8 Service on firm or partnership

5.9 Service on body corporate

5.10 Service on minors and patients

5.11 Proof of postal service

5.12 Proof of service by electronic means

5.13 Alternative methods of service

5.14 Power of court to make order for service by specified method

5.15 Proof of service by specified method

5.16 Service of claim form by contractually agreed method

5.17 Service of claim form on agent of principal who is out of jurisdiction

5.18 Service of claim form for possession of vacant land

5.19 Deemed date of service

PART 5A ELECTRONIC LITIGATION PORTAL FILING AND SERVICE PROCEDURE

5A.1 Scope of this Part

5A.2 Application of this Part

5A.3 Operation of the Electronic Litigation Portal

5A.4 Registration for use of the Electronic Litigation Portal

5A.5 Format of the document

5A.6 Electronic signature

5A.7 Electronic submission of document

5A.8 Filing within and outside hours of business

5A.10 Validity of Claim Forms filed on the Electronic Litigation Portal

5A.11 Proceedings by the Court's Registry

5A.11 Proceedings by the Court's Registry

5A.12 Service of document by electronic means

5A.13 Consent to service by electronic means

5A.14 Document served by electronic means which cannot be viewed or downloaded

5A.15 Service by electronic means by or on the Court

5A.16 Proof of Service

5A.17 Electronic Compilation of Trial/Hearing Bundle, Core Bundle and Record of Appeal

5A.18 Use of the Electronic Litigation Portal by Pro se Litigant

5A.19 Practice Directions and Practice Guides

PART 6 SERVICE OF OTHER DOCUMENTS

6.1 Who is to serve documents other than claim form

6.2 Method of service

6.3 Address for service

6.4 Serving documents where no address for service is given

6.5 Service of documents on person who is not a party

6.6 Deemed date of service

6.7 Proof of service

6.8 Power of court to dispense with service

6.9 Service of documents on Attorney General

PART 7 SERVICE OF COURT PROCESS OUT OF JURISDICTION

7.1 Scope of this Part

7.2 General rule as to service of court process out of jurisdiction

7.3 Service of court process out of jurisdiction in specified proceedings

7.4 Service out of jurisdiction with leave

7.5 Proceedings which include other types of claims

7.6 Certificate for service out of jurisdiction

7.7 Acknowledgment of service and defence where court process served out of jurisdiction

7.8 Application to set aside service under rule 7.2

7.9 Mode of service of court process– general provisions

7.10 Mode of service – alternative procedure

7.11 Power of court to dispense with service of court process

7.12 Service of court process through foreign governments, or judicial or consular authorities

7.13 Procedure where court process is to be served through foreign governments, etc.

7.14 Service of court process on a State

7.15 Translation of court process

7.16 Undertaking to be responsible for expenses of minister with responsibility for foreign affairs

7.17 Service of court documents other than court process

PART 8 HOW TO START PROCEEDINGS

8.1 The claimant – how to start proceedings

8.2 Statement of claim, etc. to be issued and served with claim form

8.3 Where to start proceedings

8.4 Right to make claim which includes two or more claims

8.5 Claim not to fail by adding or failing to add parties

8.6 What must be included in claim form

8.7 Claimant's duty to set out case

8.7 Claimant's duty to set out case

8.8 Permission to rely on allegation or factual argument

8.9 Certificate of value (small claims)

8.10 Special requirements applying to claims for personal injuries

8.11 Relator claims

8.12 Service of claim

8.13 Time within which claim may be served

8.14 Extension of time for serving a claim

8.15 Defence form, etc. must be served with claim form

8.16 Pre-action protocols

PART 9 ACKNOWLEDGMENT OF SERVICE AND NOTICE OF INTENTION TO DEFEND

9.1 Scope of this Part

9.2 Filing acknowledgment of service and consequence of not doing so

9.3 The period for filing acknowledgment of service

9.4 Notice to claimant of filing of acknowledgment of service

9.5 Contents of acknowledgment of service

9.6 Right to dispute jurisdiction of court not taken away by acknowledgment of service

9.7 Procedure for disputing court's jurisdiction

9.7 Procedure for disputing court's jurisdiction

9.8 Procedure for applying for a stay on the basis that the court should not exercise its jurisdiction

PART 10 DEFENCE AND COUNTERCLAIM

10.1 Scope of this Part

10.2 The defendant–filing defence and the consequences of not doing so

10.3 The period for filing defence

10.4 Service of copy of defence

10.5 Defendant's duty to set out case

10.5 Defendant's duty to set out case

10.6 Special requirements applying to claims for personal injuries

10.7 Consequences of not setting out defence

10.8 Defence of tender

10.9 Reply to defence

10.10 Defendant's counterclaim

10.10 Defendant's counterclaim

10.11 Defendant's counterclaim – service

10.11 Defendant's counterclaim – service

10.12 Restrictions on right to make counterclaim in proceedings by or against the Crown

10.13 Counterclaim may survive claim

10.14 Defence to counterclaim

10.15 Claimant's defence to counterclaim - service

10.15 Claimant's defence to counterclaim - service

PART 11 GENERAL RULES ABOUT APPLICATIONS FOR COURT ORDERS

11.1 Scope of this Part

11.2 Applicants and respondents

11.3 Applications to be dealt with at case management conference

11.4 Time when application is made

11.5 Where to make application

11.6 Application to be in writing

11.7 What application must include

11.8 Notice of application and evidence in support

11.9 Evidence in support of application

11.10 Contents of notice of application

11.11 Service of application

11.12 Response to application

11.13 Amendments to application

11.14 Powers of court in relation to conduct of application

11.15 Power to strike out application

11.16 Consequence of not asking for order in application

11.17 Applications which may be dealt with without hearing

11.18 Service of application where order made on application made without notice

11.19 Applications to set aside or vary order made on application made without notice

11.20 Power of the court to proceed in absence of party

11.21 Application to set aside order made in absence of party

PART 12 DEFAULT JUDGMENTS

12.1 Scope of this Part

12.2 Claims in which default judgment may not be obtained

12.3 Cases in which permission required

12.4 Conditions to be satisfied – judgment for failure to file acknowledgment of service

12.5 Conditions to be satisfied – judgment for failure to defend

12.6 Conditions to be satisfied – judgment for failure to defend counterclaim

12.7 Admission of part – request for time to pay

12.8 Claim for specified sum of money

12.9 Claim against more than one defendant

12.10 Nature of default judgment

12.11 Procedure for obtaining default judgment

12.14 Defendant's rights following default judgment

12.14 Defendant's rights following default judgment

PART 13 SETTING ASIDE OR VARYING DEFAULT JUDGMENT

13.1 Scope of this Part

13.2 Cases where court must set aside default judgment

13.3 Cases where court may set aside or vary default judgment

13.4 Applications to vary or set aside default judgment – procedure

13.5 Court to impose condition as to filing of defence

13.6 Hearing to be treated as case management conference

13.7 Abandoned claims to be restored if default judgment set aside

PART 14 JUDGMENT ON ADMISSIONS

14.1 Making an admission

14.2 Satisfaction

14.3 Admissions where party a minor or patient

14.4 Admission by notice in writing – application for judgment

14.5 Admission in whole or in part of money claim

14.6 Admission of whole of claim for specified sum of money

14.7 Admission of part of claim for money only

14.8 Admission of liability to pay whole of claim for unspecified sum of money

14.9 Requests for time to pay

14.10 Requests for time to pay – procedure where time and rate agreed

14.11 Requests for time to pay – procedure where time and rate not agreed

14.12 Right of redetermination

14.13 Variation of order

PART 15 SUMMARY JUDGMENT

15.1 Scope of this Part

15.2 Grounds for summary judgment

15.3 Types of proceedings for which summary judgment is not available

15.5 Evidence for purpose of summary judgment hearing

15.6 Powers of court on application for summary judgment

PART 16 ASSESSMENT OF DAMAGES

16.1 Scope of this Part

16.2 Assessment of damages after default judgment

16.3 Assessment of damages after admission of liability on claim for unspecified sum of money

16.4 Assessment of damages after direction for trial of issue of quantum

PART 17 INTERIM REMEDIES

17.1 Orders for interim remedies

17.2 Time when an order for interim remedy may be made

17.3 How to apply for interim remedy

17.4 Interim injunctions and similar orders

17.5 Interim payments – general procedure

17.6 Interim payments – conditions to be satisfied and matters to be taken into account

17.7 Powers of court where it has made an order for interim payment

17.8 Power of court to order early trial

PART 18 ANCILLARY CLAIMS

18.1 Meaning of ancillary claim

18.2 Ancillary claim to be treated as claim for purposes of these Rules

18.3 Defendant's claim for contribution or indemnity from co-defendant

18.3 Defendant's claim for contribution or indemnity from co-defendant

18.4 Procedure for making ancillary claim

18.5 Service of ancillary claim form

18.6 Defence to ancillary claim

18.7 Matters relevant to question whether ancillary claim should be dealt with separately from main claim

18.8 Effect of service of ancillary claim

18.9 Special provisions relating to judgment on failure to file defence to ancillary claim

18.10 Applications to vary or set aside judgment– procedure

18.11 Court to impose condition as to filing of defence

18.12 Procedural steps on service of ancillary claim on person who is not a party

18.13 Case management where there is defence to ancillary claim

PART 19 ADDITION AND SUBSTITUTION OF PARTIES

19.1 Scope of this Part

19.2 Change of parties – general

19.3 Procedure for adding and substituting parties

19.4 Special provisions about adding or substituting parties after end of relevant limitation period

PART 20 CHANGES TO STATEMENTS OF CASE

20.1 Changes to statement of case

20.2 Changes to statement of case after end of relevant limitation period

20.3 Filing an amended statement of case

20.4 Amendments to statements of case and time for service

PART 21 REPRESENTATIVE PARTIES

21.1 Representative claimants and defendants – general

21.2 Appointment of representative claimant or defendant – procedure

21.3 Consequence of order appointing representative party

21.4 Representation of persons who cannot be ascertained, etc. in proceedings about estates, trusts and construction of written instruments

21.5 Compromise in proceedings to which rule 21.4 applies

21.6 Representation of beneficiaries by trustees

21.7 Proceedings against estate of deceased person

21.8 Power of court to give directions to enable proceedings to be carried on after party's death

21.8 Power of court to give directions to enable proceedings to be carried on after party's death

21.9 Power of court to strike out claim after death of claimant

21.10 Death of defendant

PART 22 MISCELLANEOUS RULES ABOUT PARTIES

22.2 Person carrying on business in another name

22.3 Bodies corporate

PART 23 MINORS AND PATIENTS

23.1 Scope of this Part

23.2 Requirement of next friend in proceedings by or against minors or patients

23.3 Stage of proceedings at which next friend becomes necessary

23.4 Who may be minor's next friend

23.4 Who may be minor's next friend

23.5 Who may be patient's next friend

23.5 Who may be patient's next friend

23.6 Conditions for being next friend

23.7 How person becomes next friend without court order

23.8 How person becomes next friend by court order

23.9 Court's power to terminate appointment of and substitute next friend

23.9 Court's power to terminate appointment of and substitute next friend

23.10 Appointment of next friend by court order – supplementary

23.11 Procedure where appointment as next friend ceases

23.12 Compromise, etc. by or on behalf of minor or patient

23.13 Control of money recovered by or on behalf of minor or patient

PART 24 SECURITY FOR COSTS

24.1 Scope of this Part

24.2 Application for order for security for costs

24.3 Conditions to be satisfied

24.4 Security for costs against counter-claiming defendant

24.5 Enforcing order for security for costs

PART 25 CASE MANAGEMENT –THE OBJECTIVE

25.1 Court's duty to actively manage cases

PART 26 CASE MANAGEMENT –THE COURT'S POWERS

26.1 Court's general powers of management

26.1 Court's general powers of management

26.2 Court's power to make orders of its own initiative

26.2 Court's power to make orders of its own initiative

26.3 Sanctions–striking out statement of case

26.4 Court's general power to strike out statement of case

26.4 Court's general power to strike out statement of case

26.5 Judgment without trial after striking out

26.6 Setting aside judgment entered after striking out

26.7 Court's powers in cases of failure to comply with rules etc.

26.7 Court's powers in cases of failure to comply with rules etc.

26.8 Relief from sanctions

26.9 General power of court to rectify matters

PART 27 CASE MANAGEMENT CONFERENCES – PROCEDURE

27.1 Scope of this Part

27.2 Fixed date claims – first hearing

27.3 Case management conference

27.4 Attendance at case management conference or pre-trial review

27.5 Orders to be made at case management conference

27.6 Dispensing with case management conference in simple or urgent proceedings

27.7 Adjournment of case management conference

27.8 Variation of case management timetable

27.9 Listing questionnaire

27.10 Fixing trial date

PART 28 DISCLOSURE AND INSPECTION OF DOCUMENTS

28.1 Scope of this Part

28.2 Duty of disclosure limited to documents which are or have been in party's control

28.2 Duty of disclosure limited to documents which are or have been in party's control

28.3 Disclosure of copies

28.4 Standard disclosure

28.5 Specific disclosure

28.6 Criteria for ordering specific disclosure

28.7 Procedure for disclosure

28.8 Duty of legal practitioner

28.9 Requirement for maker to certify understanding of duty of disclosure

28.10 Disclosure in stages

28.11 Inspection and copying of listed documents

28.12 Duty of disclosure continuous during proceedings

28.13 Consequence of failure to disclose documents under order for disclosure

28.14 Claim of right to withhold disclosure or inspection of document

28.15 Restrictions on use of a privileged document inspection of which has been inadvertently allowed

28.16 Documents referred to in statements of case, etc.

28.17 Subsequent use of disclosed documents

28.18 Notice to prove document

PART 29 EVIDENCE

29.1 Power of court to control evidence

29.2 Evidence at trial – general rule

29.3 Evidence by video link or other means

29.4 Requirement to serve witness statements

29.5 Form of witness statements

29.6 Witness summaries

29.7 Procedure where one party does not serve witness statement by date directed

29.8 Witness to give evidence unless court otherwise orders

29.9 Amplifying witness statements at trial

29.10 Cross-examination on witness statement

29.11 Consequence of failure to serve witness statement or summary

29.12 Use of witness statement for other purposes

29.13 Notice to admit facts

PART 30 AFFIDAVITS

30.1 Affidavit evidence

30.2 Form of affidavits

30.3 Contents of affidavits

30.4 Documents to be used in conjunction with affidavits

30.5 Making of affidavits

30.6 Service of affidavits

PART 31 MISCELLANEOUS RULES ABOUT EVIDENCE

31.1 Use of plans, photographs, etc. as evidence

31.2 Evidence on questions of foreign law

31.3 Evidence of consent of trustee to act

31.4 Translation of documents

PART 32 EXPERTS AND ASSESSOR

32.1 Scope of this Part

32.2 General duty of court and of parties

32.3 Expert's overriding duty to court

32.3 Expert's overriding duty to court

32.4 Way in which expert's duty to court is to be carried out

32.4 Way in which expert's duty to court is to be carried out

32.5 Expert's right to apply to court for directions

32.5 Expert's right to apply to court for directions

32.6 Court's power to restrict expert evidence

32.6 Court's power to restrict expert evidence

32.7 General requirement for expert evidence to be given in written report

32.8 Written questions to experts

32.9 Court's power to direct evidence by single expert

32.9 Court's power to direct evidence by single expert

32.10 Cross-examination of court appointed expert

32.11 Instructions to single expert

32.12 Power of court to direct party to provide expert report

32.13 Expert's report to be addressed to court

32.13 Expert's report to be addressed to court

32.14 Contents of report

32.15 Meeting of experts

32.16 Consequence of failure to disclose expert's report

32.16 Consequence of failure to disclose expert's report

32.17 Appointment of assessor

PART 33 COURT ATTENDANCE BY WITNESSES AND DEPOSITIONS

33.1 Scope of this Part

33.2 Witness summonses

33.3 Issue of witness summons

33.4 Witness summons in aid of inferior court or tribunal

33.5 Time for serving witness summons

33.6 Compensation for loss of time

33.7 Evidence by deposition before examiner

33.8 Conduct of examination

33.9 Evidence without examiner being present

33.10 Enforcing attendance of witness

33.11 Special report

33.12 Fees and expenses of examiner

33.13 Order for payment of examiner's fees

33.13 Order for payment of examiner's fees

33.14 Use of deposition at hearing

33.15 Where person to be examined is out of the jurisdiction – letter of request

33.16 Early appointment to produce documents

PART 34 REQUESTS FOR INFORMATION

34.1 Right of parties to obtain information

34.2 Orders compelling reply to request for information

34.3 Information obtained under Part 34 not to be used in other proceedings

34.4 Certificate of truth

PART 35 OFFERS TO SETTLE

35.1 Scope of this Part

35.2 Introductory

35.3 Making offer to settle

35.4 Time when offer to settle may be made

35.5 Procedure for making offer to settle

35.6 Extent to which offer to settle covers interest, costs or counterclaim

35.7 Offer to settle made after interim payment

35.8 Offer to settle part of claim

35.9 Time limit for accepting offer to settle

35.10 Procedure for acceptance

35.11 Effect of acceptance – generally

35.12 Effect of acceptance – more than two parties

35.13 Costs of offeror and offeree where offer is accepted – defendant's offer

35.13 Costs of offeror and offeree where offer is accepted – defendant's offer

35.14 Costs of offeror and offeree where offer is accepted – claimant's offer

35.15 Costs where offer not accepted – general rules

35.16 How costs are to be dealt with

PART 36 PAYMENTS INTO COURT TO SUPPORT OFFERS UNDER PART 35 AND UNDER COURT ORDER

36.1 Scope of this Part

36.2 Payments into court to support offers to settle

36.3 Right to payment out on acceptance of offer

36.4 Cases where payment out requires court order

36.5 Money paid into court under order

36.6 Money paid into court as condition for permission to defend or to continue to defend

36.7 Proceedings under Fatal Accidents Acts

PART 37 DISCONTINUANCE

37.1 Scope of this Part

37.2 Right to discontinue claim

37.3 Procedure for discontinuing

37.4 Right to apply to have notice of discontinuance set aside

37.5 Effect of discontinuance

37.6 Liability for costs

37.7 Quantification of costs

37.8 Discontinuance and subsequent proceedings

PART 38 PRE-TRIAL REVIEW

38.1 Scope of this Part

38.2 Direction for pre-trial review

38.3 Rules relating to case management conference to apply

38.4 Who is to conduct pre-trial review

38.5 Parties to prepare pre-trial memorandum

38.6 Directions at pre-trial review

PART 38A JUDICIAL SETTLEMENT CONFERENCES

38A.1 Scope of this Part

38A.2 Docketing for judicial settlement conferences

38A.3 Court may assist in negotiating for settlement before a hearing

38A.4 Court may assist in negotiating for settlement during a hearing

38A.5 Directions for mediation or other alternative dispute resolution mechanism

38A.6 Rules relating to case management conferences to apply

38A.7 Confidentiality

38A.8 Preparation for judicial settlement conference

38A.9 Attendance at judicial settlement conference

38A.10 Non-attendance at judicial settlement conference and costs consequences

38A.11 Judicial settlement conference directions

38A.12 Conclusion of judicial settlement conference

38A.13 Where judicial settlement conference is unsuccessful

39.1 Documents for use at trial

39.2 Cross-examination

39.3 Written submissions

39.4 Failure of party to attend trial

39.5 Applications to set aside judgment given in party's absence

39.5 Applications to set aside judgment given in party's absence

39.6 Adjournment of trial

39.7 Inspection

PART 40 APPOINTMENT OF REFEREE TO INQUIRE AND REPORT

40.1 Power to order trial before referee

40.2 Reference to referee to inquire and report

40.3 Appointment of referee

40.4 Conduct of reference

40.5 Report following reference

40.6 Consideration of report by court

40.7 Restrictions on appointment of referee in a claim by or against Crown

PART 41 ACCOUNTS AND INQUIRIES

41.1 Scope of this Part

41.2 Directions for account

41.3 Verification of account

41.4 Notice of omissions

41.5 Allowances

41.7 Distribution before entitlement ascertained

PART 42 JUDGMENTS AND ORDERS

42.1 Scope of this Part

42.2 Parties present when order made or notified of terms to be bound

42.3 Practice forms to be used where available

42.4 Standard requirements

42.5 Drawing of judgments and orders

42.6 Service of orders

42.7 Consent judgments and orders

42.8 Time when judgment or order takes effect

42.9 Time for complying with judgment or order

42.10 Correction of errors in judgments or orders

42.11 Cases where court gives judgment both on claim and counterclaim

42.12 Service of copy order or judgment on person not a party

PART 43 ENFORCEMENT – GENERAL PROVISIONS

43.1 Scope of this Part

43.2 Procedure for beginning enforcement

43.3 Judgment subject to conditions

43.4 Separate enforcement for costs

43.5 Effect of setting aside judgment or order

43.6 Court's powers where person ordered to do act fails to comply

43.6 Court's powers where person ordered to do act fails to comply

43.7 Judgment for sum in foreign currency

43.8 Enforcement by or against person who is not a party

43.9 Enforcement against partnership

43.10 Enforcement of awards, etc. made by an outside body

43.11 Recognition and enforcement of awards made by a foreign body

43.12 Application for recognition and enforcement

PART 44 ORAL EXAMINATION IN AID OF ENFORCEMENT

44.1 Scope of this Part

44.2 Who may be orally examined

44.3 Procedure to obtain order for oral examination

44.4 Order for oral examination

44.5 Conduct of oral examination

44.6 Order for payment by instalments

44.7 Financial position notice

PART 45 HOW JUDGMENTS MAY BE ENFORCED

45.1 Scope of this Part

45.2 How money judgments may be enforced

45.3 Enforcement of orders for payment of money into court

45.4 Enforcement of judgments and orders for possession of land

45.5 Enforcement of judgments and orders for delivery of goods

45.6 Enforcement of judgments and orders requiring person to do act within specified time or not to do act

45.7 Enforcement of judgments and orders requiring body corporate to do act within specified time or not to do act

PART 46 GENERAL RULES ABOUT WRITS OF EXECUTION

46.1 Meaning of “writ of execution”

46.2 Permission required to enforce in certain cases

46.3 Application for permission to enforce

46.4 Amount to be recovered on enforcement

46.5 Enforcement of judgment or order requiring judgment debtor to do two or more different things

46.6 Enforcement of judgment for payment by instalments

46.7 No writ of execution for goods or payment of assessed value unless court has assessed value

46.8 Order for specific delivery

46.9 Period for which writ of execution valid

46.10 Renewal of writ of execution

46.11 Period for which court may renew writ of execution

46.12 Effective date of renewed writ unchanged

46.13 Claims to goods seized under writ of execution

46.14 Suspension of writ of execution at request of judgment creditor

46.15 Return to writ of execution

PART 47 VARIATION OF TERMS OF JUDGMENTS AND SUSPENSION OF WRITS

47.1 Scope of this Part

47.2 Applications to vary time and method of payment or to suspend order for seizure and sale of goods or writ of delivery

47.3 Where no objection except as to terms – procedure

47.4 Application for redetermination of court's decision

47.4 Application for redetermination of court's decision

47.5 Where judgment creditor objects to variation or suspension

47.6 Pre-suspension costs

47.7 Judgment creditor's right to re-issue writ of execution

47.7 Judgment creditor's right to re-issue writ of execution

PART 48 CHARGING ORDERS

48.1 Scope of this Part and definitions

48.2 How to apply for charging order

48.3 Evidence in support of application for charging order

48.4 Single charging order for more than one judgment debt

48.5 Procedure for making provisional charging order

48.6 Interested persons

48.7 Service of provisional charging orders and of copies

48.8 Making of final charging order

48.9 Effect of provisional or final charging order

48.10 Discharge or variation of final charging order

48.11 Enforcement of charging order by sale

PART 49 STOP NOTICES AND STOP ORDERS

49.1 Scope of this Part

49.2 Right to apply for stop notice

49.3 Procedure for obtaining stop notice

49.5 Amendment of stop notice

49.6 Withdrawal or discharge of stop notice

49.7 Stop orders

49.8 Procedure on application for stop order

49.9 Power to vary or discharge stop order

PART 50 ATTACHMENT OF DEBTS

50.1 Scope of this Part

50.2 Circumstances in which court may make order for attachment of debts

50.3 Procedure – making of provisional order

50.4 Money in bank accounts, etc.

50.5 Joint funds

50.6 Presumption of equal shares in joint funds

50.7 Attachment of debts owed by firm

50.8 Service of provisional order

50.9 Effect of provisional order

50.10 Obligations of third parties served with provisional order

50.11 Hearing to consider making final order

50.12 Claim to a debt by person other than judgment debtor

50.13 Enforcement against garnishee

50.14 Discharge of garnishee's debt to judgment debtor

50.14 Discharge of garnishee's debt to judgment debtor

50.15 Costs of attachment of debts proceedings

50.16 Money in court

PART 51 APPOINTMENT OF RECEIVER

51.1 Scope of this Part

51.2 Application for appointment of receiver and injunction

51.3 Conditions for appointment of receiver

51.4 Giving of security by receiver

51.5 Remuneration of receiver

51.6 Receiver's powers

51.6 Receiver's powers

51.7 Accounts of receiver

51.8 Payment of balance into court

51.9 Default by receiver

PART 52 JUDGMENT SUMMONSES

52.1 Scope of this Part

52.2 Hearing to be in open court

52.3 Issue of judgment summons

52.4 Service of judgment summons

52.5 Hearing of judgment summons

52.6 Failure to comply with instalment order

52.7 Restored hearing of judgment summons

PART 53 COMMITTAL AND SEQUESTRATION

53.1 Scope of this Part

53.2 Order specifying time for act to be done

53.3 When committal order or sequestration order may be made

53.4 Committal order or sequestration order against officer of body corporate

53.5 Making committal order or sequestration order when judgment or order not served

53.6 Undertakings

53.7 Application for committal order or sequestration order

53.8 Service of notice of hearing

53.9 Powers of the court

53.10 Restoration of adjourned hearing

53.11 Application for enforcement of suspended committal order or order for sequestration

53.12 Special provisions relating to order for sequestration order

PART 54 INTERPLEADER

54.1 Scope of this Part

54.2 Claim to goods taken in execution

54.3 How to interplead

54.4 Service of Interpleader application

54.5 Powers of the court

54.6 Power to order sale of goods taken in execution

PART 55 SALE OF LAND BY ORDER OF COURT

55.1 Scope of this Part

55.2 Application for order for sale

55.3 Hearing of application

55.4 Order for sale

55.5 Directions

55.6 Further directions

PART 56 ADMINISTRATIVE LAW

56.1 Scope of this Part

56.2 Who may apply for judicial review

56.3 How to make application for administrative order

56.5 Proceedings by way of claim which should be application for administrative order

56.6 Joinder of claims for other relief

56.7 Service of claim form for administrative order

56.8 Evidence in answer

56.9 First hearing

56.10 Applications

56.11 Hearing of application for administrative order

56.12 Special provisions relating to orders for judicial review

PART 57 HABEAS CORPUS

57.1 Scope of this Part

57.2 Application for issue of writ of Habeas Corpus

57.3 Power of court

57.4 Service of writ

57.5 Return to writ

57.6 Powers of court on hearing writ

57.7 Bringing up prisoner to give evidence, etc.

PART 58 DEFAMATION CLAIMS

58.1 Scope of this Part

58.2 Claimant's statement of claim

58.2 Claimant's statement of claim

58.3 Defendant's statement of case

58.3 Defendant's statement of case

58.4 Ruling on meaning

58.5 Payments into court and offers

58.6 Statement in open court

58.7 Requests for information

58.8 Evidence to mitigate damages

PART 59 PROCEEDINGS BY AND AGAINST THE CROWN

59.1 Scope of this Part

59.2 Service of claim form

59.3 Claimant's duty to give particulars

59.4 Applications in certain revenue matters

59.5 Proceedings relating to postal packets

59.6 Applications under section 24(2) or section 25(2) of the Act

PART 60 APPEALS TO THE HIGH COURT

60.1 Scope of this Part

60.2 How to appeal to the court

60.3 Effect of appeal

60.4 Persons on whom claim form must be served

60.5 Time within which claim form must be served

60.6 Amendment of claim form

60.7 First hearing

60.8 Hearing of appeal

60.9 Right of minister to be heard

PART 61 APPEALS TO THE COURT BY WAY OF CASE STATED

61.1 Scope of this Part

61.2 Application for order to state a case

61.3 Persons on whom application must be served

61.4 Time within which application must be served

61.5 Signing and service of case

61.6 How to commence proceedings in the High Court to determine a case

61.7 How to commence proceedings in the Court of Appeal to determine a case

61.8 Determination of case

61.9 Time within which case must be stated

PART 62 APPEALS TO THE COURT OF APPEAL

62.1 Scope of this Part

62.2 How to obtain leave to appeal

62.3 How to appeal

62.4 Method of filing documents in an appeal

62.5 Contents of notice of appeal

62.6 Time for filing notice of appeal

62.7 Summary appeal

62.8 Expedited appeals

62.9 Service of notice of appeal

62.10 Counter notice

62.11 Respondent's notice

62.11 Respondent's notice

62.12 Action to be taken on receipt of notice of appeal

62.13 Interlocutory appeal

62.14 Skeleton arguments

62.15 The record – appeals from the High Court

62.16 The record – appeals from Magistrates' Courts

62.16 The record – appeals from Magistrates' Courts

62.17 Case management

62.18 Interlocutory applications to court

62.19 Powers of single judge of the court, master and Chief Registrar to make certain orders

62.20 Variation, discharge or revocation of an order, direction or decision of a single judge

62.21 Security for costs of appeal

62.22 Non-disclosure of payment into court, etc.

62.23 Stay of execution

62.24 General powers of the court

62.25 Failure of party to attend appeal

62.26 Application to set aside decision made in party's absence

62.26 Application to set aside decision made in party's absence

62.27 Adjournment of appeal

62.28 Certificate of result of appeal or application

62.29 Withdrawal or discontinuance

62.30 Liability for costs on withdrawal or discontinuance

PART 63 CHANGE OF LEGAL PRACTITIONER

63.1 Scope of this Part

63.2 Change of legal practitioner

63.3 Notice of appointment of legal practitioner

63.4 Party acting in person

63.5 Application by another party to remove legal practitioner from record

63.6 Application by legal practitioner to be removed from record

63.7 Time when notice or order takes effect

PART 64 COSTS – GENERAL

64.1 Scope of this Part

64.2 Definitions and application

64.3 Orders about costs

64.4 Costs where there is an appeal

64.5 Entitlement to recover costs

64.6 Successful party generally entitled to costs

64.7 Two or more parties having same interest

64.8 Wasted costs orders

64.9 Court's powers in relation to wasted cost orders

64.9 Court's powers in relation to wasted cost orders

64.10 Costs against person who is not a party

PART 65 COSTS – QUANTIFICATION

65.1 Scope of this Part

65.2 Basis of quantification

65.3 Ways in which costs are to be quantified

65.4 Fixed costs

65.5 Prescribed costs

65.6 Applications to determine value of claim for purpose of prescribed costs

65.7 What is included in prescribed costs

65.8 Budgeted costs

65.9 Client's consent to application for budgeted costs

65.9 Client's consent to application for budgeted costs

65.10 What is included in costs budget

65.11 Assessed costs – procedural applications

65.12 Assessed costs— general

65.13 Commencement of detailed assessment proceedings

65.14 Points of dispute

65.15 Assessment of costs

65.16 Administrative fees

65.17 Determination of Assessment

65.18 Appeals from Assessment

65.19 Procedure where costs are agreed

65.20 Costs of proceedings in Court of Appeal

65.21 Costs capping orders — General

65.22 Application for a costs capping order

65.23 Application to vary a costs capping order

66.1 Scope of this Part

66.2 Mortgage claim to be by fixed date claim

66.3 Evidence at first hearing

66.4 Claim for possession or payment of mortgage debt

PART 67 ADMINISTRATION CLAIMS

67.1 Scope of this Part

67.3 Claims by third parties

67.4 Determination of questions without administration claim

67.5 Judgments and orders in administration claims

67.6 Conduct of sale of trust property

68.1 Scope of this Part

68.2 How to commence probate proceedings

68.3 Parties to proceedings for revocation of grant

68.4 Lodgement of grant in proceedings for revocation

68.5 Affidavit of testamentary scripts

68.6 Failure to file acknowledgment of service

68.7 Counterclaim

68.8 Contents of statements of case

68.9 Discontinuance and dismissal

68.10 Compromise of claim: trial on affidavit evidence

68.11 Application for order to bring in will, etc.

68.12 Probate counterclaim in other proceedings

PART 69 COMMERCIAL DIVISION RULES (TERRITORY OF THE VIRGIN ISLANDS

69.1 Scope of this Part and Interpretation

69.2 Commercial list

69.3 Application of the Civil Procedure Rules

69.4 Proceedings in the commercial list

69.5 Statement of value

69.7 Disclosure – ship's papers

69.7 Disclosure – ship's papers

69.8 Judgments and orders

PART 70 COMMERCIAL CLAIMS – PROCEDURE

70.1 Scope of this Part

70.2 Allocation to the Commercial List

70.3 Headings of documents

70.4 Disapplications and modifications having general effect in commercial matters

70.5 Ordinary applications in commercial matters

70.6 Originating applications

70.7 Case management conferences

70.8 Pre-trial review

70.9 Trial bundles

70.10 Costs — general

70.11 Costs – ordinary applications

70.12 Costs — trials

70.13 Payment on account of costs

70.14 Conduct of assessment

PART 71 COMMERCIAL CLAIMS (COMMERCIAL DIVISION OF SAINT LUCIA)

71.1 Scope of this Part

71.2 Commercial list

71.3 Proceedings in the Commercial Division

71.4 Certificate of value

71.6 Judgments and orders

71.7 Headings of documents

71.8 Exceptions and modifications for commercial claims

71.9 Applications in commercial claims

71.10 Case management conference in commercial claims

71.11 Pre-trial review

71.12 Trial bundles

71.13 Costs — general

71.14 Application for assessment

PART 72 ADMIRALTY PROCEEDINGS

72.1 Scope of this Part

72.2 Claims to be dealt with under this Part

72.3 Admiralty claims in rem

72.4 How to make Admiralty claim

72.5 Service of claim form in rem

72.6 Service on ships, etc. — how effected

72.7 Service of claim form out of jurisdiction

72.8 Acknowledgment of service

72.9 Warrant of arrest

72.10 Caveat against arrest

72.11 Committal of legal practitioner for failing to comply with undertaking

72.12 Execution etc. of warrant of arrest

72.13 Directions with respect to property under arrest

72.14 Release of property under arrest

72.15 Caveat against release etc.

72.16 Duration of caveats

72.18 Intervenors

72.19 Preliminary acts

72.20 Failure to file preliminary act: proceedings against party in default

72.21 Special provisions as to statements of case in collision, etc. proceedings

72.22 Judgment by default

72.23 Order for sale of ship: determination of priority of claims

72.24 Appraisement and sale of property

72.25 Undertakings as to expenses, etc.

72.26 Payment into and out of court

72.27 Case management conference

72.29 Stay of proceedings in collision, etc. proceedings until security given

72.30 Inspection of ship, etc.

72.31 Examination of witnesses and other persons: evidence by affidavit

72.32 Proceedings for apportionment of salvage

72.33 Applications in proceedings in rem

72.34 Limitation proceedings: parties

72.35 Limitation proceedings: payments into court

72.36 Application for decree or directions in limitation proceedings

72.37 Limitation proceedings: proceedings under decree

72.38 Limitation proceedings: proceedings to set aside decree

PART 73 OBTAINING EVIDENCE FOR FOREIGN COURTS

73.1 Scope of this Part

73.2 Application for order

73.3 Application by Attorney General in certain cases

73.4 Person to take and manner of taking examination

73.5 Dealing with depositions

73.6 Claim to privilege

PART 74 RECIPROCAL ENFORCEMENT OF JUDGMENTS

74.1 Scope of this Part

74.2 Application for registration

74.3 Security for costs

74.4 Order for registration

74.5 Register of judgments

74.6 Notice of registration

74.7 Application to set aside registration

74.8 Issue of execution

74.9 Certified copy of High Court judgment for enforcement in another country

PART 75 Transitional Provisions

75.1 Scope of this Part

75.2 New proceedings

75.3 Old proceedings

75.4 Exercise of discretion

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