2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

27.2   Fixed date claims – first hearing

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    (1)   When a fixed date claim is issued the court must fix a date for the first hearing of the claim.

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    (2)   On that hearing, in addition to any other powers that the court may have, the court shall have all the powers of a case management conference.

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    (3)   Subject to paragraph (4), the first hearing is the first case management conference for the purposes of Part 20.

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    (4)   The court may, however, treat the first hearing as the trial of the claim if it is not defended or it considers that the claim can be dealt with summarily.

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    (5)   The general rule is that the court must give at least 14 days' notice of any first hearing.

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    (6)   The general rule is subject to any rule or statutory provision which specifies a different period.

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    (7)   The court may on or without an application direct that shorter notice be given —

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      (a)     if the parties agree; or

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      (b)     in urgent cases.

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    (8)   Unless the defendant files an acknowledgement of service, the claimant must file evidence on affidavit of service of the claim form and the relevant documents specified in rule 5.2(3) at least 7 days before the first hearing.