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CHAPTER FIRST SUMMARY PROCEEDINGS

Revised Laws of Saint Lucia (2021)

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CHAPTER FIRST
SUMMARY PROCEEDINGS

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    727.   The following matters may be treated as summary for purposes of procedure—

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      1.     actions arising from the relations of lessor and lessee.

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           The lessor may join with his or her action a demand for such rent as he or she is entitled to, with or without an attachment for rent, an attachment in reception, and attachment before judgment in hands of the lessee or of garnishees, or an attachment in revendication of the property leased;

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      2.     actions for the recovery of a debt or liquidated demand, with or without interest, founded on either (a) notarial documents, negotiable instruments, policies of insurance, bonds, private writings, or enactments, or (b) any agreement, express or implied for the payment or reimbursement of money, including detailed accounts for goods sold, work done and materials provided;

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      3.     actions for the recovery of damages where the amount claimed does not exceed $480.

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    728.   Subject to the special provisions in this Chapter contained, the rules governing ordinary procedure apply likewise to summary matters.

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    729.   All proceedings in summary matters shall be entitled “In the Supreme Court of the Windward Islands and Leeward Islands (St. Lucia), Summary Procedure.”

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    730.

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    (1)   Applications for security for costs and preliminary exceptions shall be made and urged in Chambers within 2 days after appearance.

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    (2)   Either party may at any time before trial apply in Chambers for further time, further particulars or other incidental relief; and the Judge shall thereupon give such directions as he or she may deem just with respect to all the proceedings to be taken in the action.

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    (3)   Two days' notice of any such application must be given to the other side.

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    731.

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    (1)   Subject to any such application as in the last preceding article mentioned, the defence shall be filed within 2 days after appearance or after the decision on a preliminary exception, or after the expiration of such other delay as may legally arise.

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    (2)   No further pleadings shall be delivered unless the same be ordered, but issue shall be deemed to be joined 2 days after the filing of the defence, and the action may be forthwith inscribed for proof and hearing. Three days' notice of the inscription shall be given to the other side.

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    732.   

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      1.     The Court takes down, or causes to be taken down under its direction, notes of the material parts of the evidence, and of all objections insisted upon by either party, with the decisions thereon.

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      2.     It shall not be necessary to read to a witness the notes of his or her evidence, nor for the witness to sign the same, nor for the Judge to sign any such notes.

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    733.   It shall not be necessary for the Judge to give his or her judgment or the reasons therefor in writing: Provided that on an appeal from his or her decision the Judge may, if he or she think fit, append his or her reasons to the notes of the evidence, and thereupon both together shall form part of the case in appeal and shall be transmitted as part of the record to the Judges of the Court of Appeal.

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    734.   Judgment may be given in vacation. Unless otherwise ordered, or there be any enactment to the contrary, it shall be executor 8 days after it is pronounced.

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    735.   The delays respecting summons and pleadings also apply to all interventions, oppositions or other incidental proceedings of the same nature.

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