Court Fees And Expenses Amendment Rules 1993

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1993/Statutory%20Instruments/Court%20Fees%20And%20Expenses%20Amendment%20Rules%201993.pdf

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Court Fees And Expenses Amendment Rules 1993
COURT FEES AND EXPENSES AMENDMENT RULES 1993

1

BR 35/1993

COURT FEES AND EXPENSES ACT 1971

1971 : 111

COURT FEES AND EXPENSES AMENDMENT RULES 1993

In exercise of powers conferred upon the Chief Justice by
sections 2 and 3 of the Court Fees And Expenses Act 1971 and all other
powers him hereunto enabling, the following Rules are hereby made:

Citation
1 These Rules may be cited as the Court Fees And Expenses
Amendment Rules 1993.

Amendment of S.R. & O. 40/1972
2 The Court Fees and Expenses Rules 1972 are amended by
deleting the First and Second Schedules and substituting the following
Schedules:

"FIRST SCHEDULE (Rule 1)

COURT FEES

(Payments into the Consolidated
Fund)

1 Protection of Justices Act 1897
(title 8 item 17)

COURT FEES AND EXPENSES AMENDMENT RULES 1993

2

s.18 Preparation of case stated:
For every folio or part thereof $3.00

For every additional copy of every folio
or part thereof:

$1.00

Delivery of case stated: $3.00

For every recognizance: $5.00

For every surety: $3.00

2 Evidence Act 1905 [title 8 item 10]

s.35(2) Furnishing of certificate $2.00

s.50(2) Certificate of register of vessel $2.00

s.51(3) Certificate of conviction, etc.: $3.00

s.55(2) Copy or extract of public document
per folio or photostat page:

.50

3 Magistrates Act 1948 [title 8 item 15]

For the issue of summons for the recovery of a sum of
money which does not exceed $1000

$10.00

exceeds $1000 but does not exceed $2000 $20.00

exceeds $2000 but does not exceed $3000 $30.00

exceeds $3000 but does not exceed $4000 $40.00

exceeds $4000 but does not exceed $5000 $50.00

For the reissue of summons $5.00

Originating application—

Under Matrimonial Proceedings (Magistrates'
Courts) Act 1974 Free

Under the Minors Act 1950 for the payment of
money Free

Otherwise under the Minors Act 1950 $20.00

Under the Adoption of Children Act 1963 $125.00

Under the Affiliation Act 1976 Free

Under the Landlord and Tenant Act 1974 $40.00

Where no other fee is specially provided $10.00

COURT FEES AND EXPENSES AMENDMENT RULES 1993

3

On entering an appeal to a court of summary
jurisdiction where no other fee is specially provided $40.00

On an application for substituted or other service $10.00

On every other application made in a suit before the
day fixed for the hearing except an application—

(i) for the extension of time for the service of a
summons or an originating application;

(ii) to postpone or adjourn the hearing of the
suit;

(iii) to restore a suit to the list after adjournment
sine die.

(iv) for the substitution, joinder or addition of
party where the change is by operation of law;

(v) for the appointment of a guardian ad litem.

This fee is payable whether the application is
made on notice or ex parte by consent.

$10.00

On the delivery of a counter-claim

On the taxation of costs:

On an application for an attachment of
earnings order to secure a maintenance
payment

The amount (if any)
whereby the fee

payable on entering
proceedings for the

sum of money
counterclaimed

exceeds the fee paid
by the plaintiff or

applicant.

2 ½% of the amount
allowed with a

minimum of $5.00

Free

On application for an attachment of earnings order

COURT FEES AND EXPENSES AMENDMENT RULES 1993

4

(other than a consolidated attachment order) to
secure payment of a judgment debt which—

does not exceed $5000 $10.00

On a consolidated attachment order—

To secure maintenance debts Free

To secure payment of judgment debts $10.00

On the issue of a judgment summons under the
Debtors Act 1973

to secure payment of a judgment debt which—
does not exceed $1000 $10.00

exceeds $1000 but does not exceed $2000 $20.00

exceeds $2000 but does not exceed $3000 $30.00

exceeds $3000 but does not exceed $4000 $40.00

exceeds $4000 but does not exceed $5000 $50.00

For the reissue of a judgment summons $5.00

On the issue of an order of commitment made on a
judgment summons where the order issues for an
amount which—

does not exceed $5000 $40.00

On the issue of a writ of execution against goods $10.00

For keeping possession of goods under a writ of
execution:

2½% per day of the
value of the goods

seized. Maximum fee
per day $10.00 or

where a possession
man is employed

$100.00 per day. In
addition thereto,
where there are

animals to be fed, the
reasonable expenses

of feeding them.

COURT FEES AND EXPENSES AMENDMENT RULES 1993

5

For removing or taking steps to remove goods
to place of deposit:

The reasonable
expenses thereof.

This fee and the fee previous thereto is not
payable for more than seven days:

Provided that—

(a) where possession is kept after the
seventh day at the request in writing
of both the execution creditor and
execution debtor; these fees are
payable for a reasonable further time;
and

(b) where notice of claim by a third party
to or in respect of the goods has been
given to the bailiff, the number of days
for which possession fees may be
charged shall be determined by the
court.

On application for the restitution of goods seized in
execution:

$20.00

For advertising a sale by auction pursuant to sections
24 and 25 of the Act:

The
reasonable

expenses
thereof.

On the issue of a witness summons: $10.00

For the preparation and furnishing to any person a
copy of any of the records of the court examined
and certified by an authorized officer—

for the first three folios or part thereof: $5.00

for each additional three folios or part thereof: $3.00

For certified copy of judgment or order—

for every folio of part thereof: $5.00

For every search in the registry, for each register, file or
document referred to or required: $5.00

4 Provost Marshal General Act 1965
[title 8 item 5]

COURT FEES AND EXPENSES AMENDMENT RULES 1993

6

For the service of any summons other than a judgment
summons (including a reissued summons): $20.00

For the service of a judgment summons (including a
reissued summons): $20.00

For the execution of a warrant of arrest: $25.00

For the execution of any other warrant, whether on
issue or reissue: $25.00

For the service or execution of any writ or process not
otherwise specified: $20.00

If any writ or process is required to be served
on more than one person, one half of the
proper fee may be charged for each additional
person except in actions under the
Attachment Act 1874 [title 8 item 46], in
which the full fee may be charged for the
service of the attachment writ on each
garnisher, which shall include the taking of
the prescribed interrogatories.

For the sale of goods, property and real estate under a
writ of execution, being the commission thereon:

On the amount realized by the sale—

on the first $2,500 10%

on the next $25,000: 5%

on the next $100,000 2½%

thereafter: 1%

Where no sale takes place by reason of an
execution being withdrawn, satisfied or
stopped: The expenses

reasonably incurred
with a view to the

sale not exceeding
10% of the value of

the goods seized.

COURT FEES AND EXPENSES AMENDMENT RULES 1993

7

SECOND SCHEDULE (Rule 2)

COURT FEES

(Payments out of the Consolidated Fund)

1 Evidence Act 1905 [title 8 item 10]

s.7 Witness expenses: From $20.00
to $100.00

s.9 Witness expenses: From $20.00
to $100.00

s.10 Fees payable to professional
witnesses for each day's
attendance to give
professional evidence: From $5.00 to $50.00

as the presiding
Judge or Magistrate
or the Chairman of
the commission of

inquiry may decide.

For every post mortem
examination: at the current rate

determined by the
Bermuda Hospitals

Board.

For every professional
examination in respect of any
person and report (if any)
thereon: $20.00 to $100.00

For every professional
examination or analysis in
respect of any matter or thing
and report (if any) thereon: $20.00 to $100.00

2 Magistrates Act 1948 [item 8 item 15]

COURT FEES AND EXPENSES AMENDMENT RULES 1993

8

Payment to interpreters: From $20.00 to
$100.00

Medical practitioners and other specially
qualified persons attending to give professional
evidence:

In accordance with
the scales laid down
under item 1 of this

Schedule.

Other witnesses, for each day's attendance in
court:

From $20.00 to
$100.00

Attendance of Chairman of Special Court (if not
a Magistrate): $100.00

Attendance of Members of Special Court: $50.00

Expenses of witnesses of a Special Court From $20.00 to
$100.00

3 Coroners Act 1938 [title 8 item 81 ]

s.26 Witnesses other than medical
practitioners or other specially
qualified persons attending to give
professional evidence, for each day's
attendance, such sum as the Coroner
may allow not exceeding: From $20.00

to $100.00

Jurors, for each day's attendance: $50.00"

Made this 20th day of July, 1993

J. R. Astwood

Chief Justice