Judicature (Rules of Court) Act

Link to law: http://www.moj.gov.jm/laws/judicature-rules-court-act
Published: 1961-11-01

JUDICATURE (RULES OF COURT) 1

ACT

THE JUDICATURE (RULES OF COURT)

Cap. 180
Ss. 44,45.

Laws

S. 4,
[Ist November, 1961.1 5 or 1981,

23 of 1997.

1. This Act may be cited as the Judicature (Rules of Court) Shorttitle.
Act.

2 . 4 1 ) In this Act- Interpreta-
tion.

"attorney-at-law" shall have the meaning assigned to it by 511981
the Legal Profession Act; S. 2.

"Bar Association" means the Jamaican Bar Association
incorporated under the Companies Act on the 16th
January, 1 973;

"Bar Council" means the Council of the Bar Association;

"Committee" means the Rules Committee of the Supreme
Court established under section 3.

3 . 4 1 ) There is hereby established a Committee to be Establish-
known as the Rules Committee of the Supreme Court. ment of Rules

Committee

(2) The provisions of the Schedule shall have effect as
Supreme

to the constitution and operation of the Committee and C~UI~.
otherwise in relation thereto. Schedule.

4.-41) It shall be the function of the Committee to make Functions of
rules (in this Act referred to as "rules of court") for the purposes z:z.m-
of the Judicature (Appellate Jurisdiction) Act, the Judicature Cap. 177

1953 Edin. (Supreme Court) Act, the Judicature (Supreme Court) commed~.
(Additional Powers of Registrar) Act, the Justices of the Peace
(Appeals) Act, the Indictments Act and any other law or
enactment for the time being in force relating to or affecting the

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JUDICATURE (RULES OF COURT)

jurisdiction of the Supreme Court, or the Court of Appeal or
any Judge or officer of such respective Court.

(2) Rules of court may make provision for all or any of
the following matters- 0

(a) for regulating and prescribing the procedure
(including the method of pleading) and the practice
to be followed in the Court of Appeal and the
Supreme Court respectively in all causes and matters
whatsoever in or with respect to which those Courts
respectively have for the time being jurisdiction
(including the procedure and practice to be followed
in the offices of the Supreme Court), and any matters
incidental to or relating to any such procedure or
practice; including (but without prejudice to the
generality of the foregoing provision) the manner in
which, and the time within which, any applications,
appeals or references which under any law or
enactment may or are to be made to the Court of
Appeal or the Supreme Court or any Judge of such
respective Court, shall be made;

(b) for regulating the sittings of the Court of Appeal and
the Supreme Court, and of the Judges of the Supreme
Court whether sitting in Court or in Chambers;

(c) for regulating the vacations to be observed by the
Supreme Court and the Court of Appeal and in the

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offices of the Supreme Court;

(d) for prescribing what part of the business which may
be transacted and of the jurisdiction which may be
exercised by Judges of the Supreme Court

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JUDICATURE (RULES OF COURT)

in Chambers may be transacted or exercised by
officers of the Supreme Court;

(e) for providing that any interlocutory application
in relation to any matter, or to any appeal or
proposed appeal, may be heard and disposed of
by a single Judge;

(f, for regulating any matters relating to the costs
of proceedings in the Court of Appeal or the
Supreme Court;

(g) for repealing any enactment relating to matters
with respect to which rules are made under this
section;

(h) for regulating the means by which particular facts
may be proved and the mode in which evidence
thereof may be given in any proceedings or on
any application in connection with or at any stage
of any proceedings;

(i) for regulating or making provision with respect
to any other matters which were or might have
been regulated or with respect to which provision
was or might have been made by rules of the
Supreme Court or which under this Act or any
other enactment may be regulated or provided for
by rules of court;

Supreme Court may make an order for an interim
payment :

(a) save so far as relates to the power of the Court for clp 1m
special reason to allow depositions er *davits
to be read, affect the mode of giving evidence by
oral examination of witnesses in trial by jury, or
the rules of evidence, or the law relating to jury-
men or juries;

(13 for specifying the circumstances in which the 23/1991 s. 2 ca).

Provided that no rule of court shall-

s. 44. 0

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cap. 180
s. 45.

15/1962 s. 35.

JUDlCATURE (RULES OF COURT)

(b) take away or prejudice the right of any party
to have the issues for trial by jury submitted and
left by the Judge to the jury before whom the
same shall come for trial, with a proper and com-
plete direction to the jury upon the law, and as
to the evidence applicable to such issues.

(3) A rule of court intended or likely to involve an
increase of expenditure out of public funds shall not be
made except with the concurrence of the Minister respon-
sible for finance; but the validity of a rule of court shall
not in any proceedings in any court be impugned either by
the court or by any party to the proceedings on the ground
only that any such concurrence as aforesaid has not given
or is not expressed to have been given.

(4) Where a law or enactment confers any jurisdic-
tion on or extends or varies the jurisdiction of the Supreme
Court, or the Court of Appeal or any Judge of such respec-
tive Court, the Committee may make such rules or orders
(including rules or orders regulating costs, fees and other
expenses) as appear to the Committee to be necessary
for regulating the practice and procedure of the court in the
exercise of the jurisdiction so conferred, extended or varied;
and it shall not be necessary for that or any other law
or enactment to confer on the Committee power to make
any rules or orders for those purposes.

(5) Where by any provision of any law or enactment
in force immediately before the commencement of this Act
the power of making rules of court is conferred on any
authority, body, Judge, officer or person, that law or enact-
ment shall after such commencement have effect as if
in substitution for that provision the provisions of this
section were in terms referred to and incorporated in that
law or enactment, in so far as those provisions are consistent
therewith.

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JUDICATURE (RULES OF COURT)

(6) Rules of court shall be subject to negative resolu-
tion.

(7) Any rules of court made under any law or enact-
ment and in force immediately before the commencement
of this Act shall continue in force as if they had been made
under this section and may be altered or annulled accurd-
ingly. A reference in any law or enactment made after
the commencement of this Act to rules of court shall be
construed in the absence of a contrary intention as a refer-
ence to rules of court made under this section or having
effect as if so made.

(8) The power conferred by this section to make
rules of court shall be a power to which subsection (1)
of section 29 of the Crown Proceedings Act, applies and
in relation to civil proceedings by or against the Crown
shall be exercised subject to the provisions of that section.

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5. The power conferred by section 4 to make rules of R,,I-

(U) either in relation to all cases to which the power
extends, or in relation to all those cases subject
to specified exceptions, or in relation to any
specified cases or classes of cases; and

(6) so as to make, as respects the cases in relation
to which it is exercised-

making court may be exercised- p w e r a
generally

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(i) the full provision to which the power ex-
tends or any less provision (whether by
way of exception or otherwise);

(ii) the same provision for all cases in relation
to which the power is exercised, or
different provision for different cases or
classes of case, or different provision as
respects the same case or class of case for
different purposes of the revelant law or
enactment; and

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6 JUDICATURE (RULES OF COURT)

(c) generally, in anticipation of any law or enact-
ment providing for an appeal, a reference or an
application to the Supreme Court or any Court or
Judge thereof.

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JUDICATURE (RULES OF COURT) 7

SCHEDULE (section 3 (2))

Mmbcn of
cormnidoo I . The Committee sball consicit of-

(a) the Chief Justice, the President of the Coun of Appeal, a 5/1981
Judge of the Supreme Court designated by the Chid Justice. 5. W.
the Attorney-General and the Director of State Proceedings
aa ex-oficio members; and

(b) five attorneys-at-law, in private practice, apphted by fie
Minister on nomination by the Bar Council.

2. (1) The Chief Justice shall be the &ad- of the Committee.
(2) In the case of the absence. or inability to act at any meting

of the Chief Justice, the members of the Committee present at such
meeting shall elect one of their number M act as chairman.

3. (I) The Committee shall meet at such times as may be necessarq procdurc
or expedient for the transaction of business, and such meetings shall and
be held at sllch places and timea and on such days as the comrmstee ' m h p r .
shall determme.

Chairmen.

(2) The quorum of the Committee shall be four.
(3) Subject to the provisions of this Schedule the Committee shall

have power to regulate their own prodings .

(4) The validity of the pmedinp of the Committee shall not be s/1981
~ffected by any vacancy among the members thereof or by any defeot s. 3(b)
in the appointment of any member thereof.

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