Court of Appeal Rules

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/2005/2005-0060/CourtofAppealRules_1.pdf
Published: 2005-07-18

Court of Appeal
COURT OF APPEAL [CH.52– 49






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PART III
Subsidiary Legislation under the Court of

Appeal Act (Chapter 52)


COURT OF APPEAL RULES

ARRANGEMENT OF RULES

SECTION

PART 1 - GENERAL

1. Citation.
2. Interpretation.
3. Forms.
4. Sittings of the court.
5. Court's Registry.
6. Registers of appeals.
7. Service of documents.
8. Right of audience.
9. Extension of time.

PART II - CIVIL APPEALS FROM THE SUPREME
COURT

10. Notice of appeal.
11. Time within which to appeal.
12. Appeal not to operate as a stay of execution.
13. Settling record of appeal.
14. Non-compliance with Registrar's Order.
15. Preparation of record.
16. Setting appeal down for hearing.
17. Evidence of court below.
18. Evidence on appeal.
19. Copies of exhibits.
20. Respondent's notice.
21. Amendment of notice of appeal or respondent's notice.
22. Notice of preliminary objection to be filed.
23. Directions of the court as to service.
24. General powers of the court.
25. Powers of the court as to new trials.
26. Application of Part II to applications for new trials.

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STATUTE LAW OF THE BAHAMAS LRO 1/2008

27. Method of applications.
28. Withdrawal of appeal.
29. Applications to a single judge.
30. Application for security for costs.
31. Non-appearance of appellant and application to re-enter after

dismissal.
32. Non-appearance of respondent and application to set aside

judgment.
33. Judgment of court to be filed in court below.
34. Court fees.
35. Taxation of costs.

PART III - CRIMINAL APPEALS FROM THE
SUPREME COURT, MAGISTRATE’S COURT AND

COURTS-MARTIAL

36. Institution of criminal appeals.
37. Where appellant is unable to write.
38. Waiver for non-compliance with Rules.
39. Service of documents on appellant imprisoned.
40. Preparation of record of proceedings.
41. Transcripts.
42. Judge's report.
43. Copies of documents or exhibits for use by appellant or

respondent.
44. Conduct of prosecution and defence.
45. Legal aid for appellants.
46. Proceedings before a single judge.
47. Mode of application.
48. Notice of application for leave to appeal deemed to be notice of

appeal.
49. Suspension of orders and admission to bail.
50. Temporary suspension of orders made on conviction as to

money, etc.
51. Procedure on application for bail.
52. Abandonment of appeal.
53. Varying order of restitution of property.
54. Judgments of the court.
55. Notification of final determination of appeals.
56. Restrictions on issue of certificate of conviction.
57. Procedure as to witnesses before court.
58. Proceedings on reference to special commissioner.
59. Appeals from courts-martial.
60. Appeals from Magistrate’s Court.

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PART IV - CIVIL APPEALS FROM THE
MAGISTRATE’S COURT

61. Powers of court.

PART V - SECOND APPEALS FROM THE
SUPREME COURT OR CIRCUIT JUSTICE

62. Mode of application.
63. Application of Rules.
64. Repeal of Sub. Leg. Vol. I, Ch. 52 - 49.

FEES OF COURT IN CIVIL APPEALS


SCHEDULE (rule 6)
APPENDIX A
APPENDIX B
APPENDIX C






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COURT OF APPEAL RULES


(SECTION 8)
[Commencement 18th July, 2005]

PART 1 - GENERAL

1. These Rules may be cited as the Court of
Appeal Rules.

2. In these Rules —
“Act” means the Court of Appeal Act;
“appellant” means the party appealing from a

judgment, conviction, sentence or order and
includes his legal representative;

“court” means the Court of Appeal;
“court below” means the court from which the appeal

is brought;
“file” means file in the Registry of the Court of

Appeal, and “filed” and “filing” have
corresponding meanings;

“judge” includes the presiding officer of any court
from which an appeal lies to the court;

“legal representative” means any counsel and attorney
admitted to practice in the courts of The
Commonwealth of The Bahamas;

“order” includes decree, judgment, sentence or
decision of a court below or a judge thereof;

“party” means any party to the appeal and includes his
legal representative;

“President” means the President of the Court of
Appeal;

“prison authority” means the Superintendent of
Prisons and includes the Deputy Superintendent
or other officer discharging his duties;

“proper officer of the court below” means the
Registrar of the Supreme Court or the Magistrate
of the court from which the appeal is brought;

S.I. 60/2005

Citation.

Interpretation.

Ch. 52.

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STATUTE LAW OF THE BAHAMAS LRO 1/2008

“record” means the aggregate of papers relating to an
appeal (including the pleadings, proceedings,
evidence and judgments) and required by these
Rules to be filed or laid before the court on the
hearing of the appeal;

“Registrar” means the Registrar of the Court of
Appeal and any Deputy Registrar or other officer
for the time being discharging the duties of the
Registrar or Deputy Registrar; and

“respondent” means —
(a) in a civil appeal, any party, other than the

appellant, directly affected by the appeal and
includes his legal representative;

(b) in a criminal appeal, the person who under the
provisions of the Act has the duty of appearing
for the Crown or who undertakes the defence of
the appeal.

3. The forms set out in Appendices A and B to these
Rules, or forms as near thereto as circumstances permit,
shall be used in all cases to which such forms are
applicable.

4. (1) Sittings of the court shall be held at such
times as the President may direct —

(a) in the Court of Appeal at Claughton House,
Shirley and Charlotte Streets, or in such other
place as the President may direct;

(b) throughout the year, except during the month of
August, unless circumstances require otherwise.

(2) At least seven days before the first day of each
month, the Registrar shall cause to be posted on —

(a) the notice board of the court; and
(b) the official website of the court,

a Cause List of the causes to be heard for the month
following.

(3) The court, in its discretion, may hear any appeal
and deal with any other matter whether or not the same has
been included in the Cause List so published.

(4) The President may at any time alter the Cause
List.

Forms.

Sittings of the
court.

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(5) Paragraph (2) of this rule shall not apply to the
hearing of any matter by a single judge.

5. The Registry of the court shall be open every day
of the year except Saturdays, Sundays and Public Holidays,
from the hour of nine thirty o'clock in the morning until the
hour of four o'clock in the afternoon.

6. (1) The Registrar shall cause to be kept separate
registers of all civil and criminal appeals filed, including
notices of application for leave to appeal.

(2) Each register shall contain particulars of the date
on which —

(a) the notice of appeal or of application for leave to
appeal was lodged;

(b) any interlocutory order was made;
(c) the record of the appeal was received;
(d) the appeal was heard;
(e) judgment was delivered.

(3) Every appeal filed shall indicate on the top left
hand corner of the form the abbreviation showing the
specific category of the appeal as set out in the Schedule.

(4) The Registrar may refuse to receive, or allow to
be filed, any appeal that the appellant may attempt to file
out of time.

7. (1) Subject to any provision contained in these
Rules relating to the service of any particular document,
service of the documents mentioned in Column 1
hereunder shall be effected by the appellant or the intended
appellant by leaving or sending a true copy thereof in the
manner specified in Column 2 —


Column 1 Column 2
(a) all documents required to be

served —
by personal service —

(i) on parties to an action
who have not filed an
address for service;
and

(i) on the party or his
authorised agent; or

(ii) on a person not a
party to the appeal;

(ii) on the person not a party to
the appeal;

Court's Registry.

Registers of
appeals.

Schedule.

Service of
documents.

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(i) by leaving the document at
the address for service with
a person employed at or
associated with such place
of business; or

(b) all documents equired to be
served on parties who have
an address for service

(ii) by registered post to such
address, in which case,
such service shall be
deemed to be effected five
days after the posting
thereof.

(2) An affidavit of service shall be filed within seven
days from the date of service as proof thereof.

(3) If it be made to appear to a judge upon
application supported by affidavit that prompt personal
service of a document cannot be effected, the judge may
make such order for substituted service as may be
appropriate.

(4) Subject to the provisions of rule 4(2), any
document required to be served under these Rules may be
served by —

(a) personal service;
(b) leaving the document at the address for service

with a person resident at or belonging to such
place;

(c) registered post to such address, in which case
service shall be deemed to be effected five days
after the posting thereof;

(d) facsimile transmission;
(e) electronic mail;
(f) posting same on the court's official website

(www.courtofappeal.org.bs); or
(g) telephone.

(5) Proof of service of a document served by means
referred to in subparagraphs (d), (e) and (g) of paragraph
(4), may be proved by —

(a) a facsimile transmission verification report;
(b) an electronic mail return receipt; or
(c) a record of the details of the telephone

conversation.

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8. (1) In all proceedings before the court, the parties
may appear in person or by any legal representative
appearing on behalf of that party.

(2) In all proceedings before the Registrar and in all
preliminary and interlocutory proceedings and
applications, the parties thereto may appear in person or
may be represented by a legal representative.

9. (1) The Court may, on such terms as it thinks just,
by order —

(a) extend the period prescribed by these Rules for
the doing of anything to which these Rules apply;

(b) extend the period specified in any judgment,
order or direction of the court, or of the court
below, for the doing of anything to which the
judgment, order or direction relates; or

(c) direct a departure from these Rules in any other
way where this is required in the interests of
justice.

(2) The power of the court, under the provisions of
paragraph (1), to extend any period so prescribed or
specified, is exercisable notwithstanding the expiration of
the period so prescribed or specified.

PART II - CIVIL APPEALS FROM THE SUPREME
COURT

10. (1) An appeal to the court shall be by way of re-
hearing and shall be brought by notice of motion in Form 1
in Appendix A (in this Part referred to as “notice of
appeal”).

(2) A notice of appeal may be given either in respect
of the whole or in respect of any specified part of the
judgment or order of the court below and every such notice
shall specify the grounds of the appeal and the precise form
of the order which the appellant proposes to ask the court
to make.

(3) Except with the leave of the court, the appellant
shall not be entitled on the hearing of an appeal to rely
upon any grounds of appeal, or to apply for any relief, not
specified in the notice of appeal.

11. (1) Every notice of appeal shall be filed and a
copy thereof served by the appellant upon all parties to the

Right of
audience.

Extension of
time.

Notice of appeal.

Time within
which to appeal.

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proceedings in the court below who are directly affected by
the appeal —

(a) in the case of an appeal from an interlocutory
order, fourteen days;

(b) in any other case, six weeks,

calculated from the date on which the judgment or order of
the court below was pronounced or made.

(2) In the case of an appeal from an award or
determination by an arbitrator, tribunal or such other
authority, a notice of appeal shall be filed and a copy
thereof served by the appellant upon all parties directly
affected by the appeal within six weeks from the date on
which the award or determination was made.

12. (1) Except so far as the court below or the court
may otherwise direct —

(a) an appeal shall not operate as a stay of execution
or of proceedings under the decision of the court
below;

(b) no intermediate act or proceeding shall be
invalidated by an appeal.

(2) On an appeal from the Supreme Court, interest at
six per cent per annum for such time as execution has been
delayed by the appeal shall be allowed unless the court
otherwise orders.

13. (1) The Registrar shall upon an appeal being
filed, and with not less than seven days notice, summon the
parties before him in Form 2 in Appendix A —

(a) to settle the list of documents which shall
comprise the record and shall —
(i) along with the parties, endeavour to exclude

from the record all documents (more
particularly such as are merely formal) that
are not relevant to the subject matter of the
appeal, taking special care to avoid
duplication of documents and unnecessary
repetition of headings, but the documents
intended to be omitted shall be enumerated
in a list at the end of the record; and

(ii) if the Registrar or any party objects to the
inclusion of a document on the ground that it
is unnecessary or irrelevant and the other

Appeal not to
operate as a stay
of execution.

Settling record of
appeal.

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party nevertheless insists upon it being
included, include the document and the
record shall, with a view to the subsequent
adjustment of the costs of and incidental to
the inclusion of such document indicate the
fact that, and the party by whom, the
inclusion of the document was objected to;

(iii) in the event that only the appellant is present
at the appointed time and provided that
notice has been duly served on the other
party, settle the record as far as practicable;
and

(iv) in the event that —
(aa) only the respondent is present at the

appointed time; or

(bb) neither of the parties are present at the
appointed time,

and provided that notice has been duly
served on all parties, certify such fact to a
judge, who may thereupon order that the
appeal stands dismissed either with or
without costs or otherwise as the judge
thinks fit;

(b) to fix the amount to be deposited by the appellant
or secured by bond for —
(i) the due prosecution of the appeal;
(ii) security for costs, but such amount may,

upon application by either party to a single
judge, be subject to review; and

(c) to fix the time within which —
(i) the record shall be prepared and filed by the

appellant; and
(ii) the amount fixed under paragraph (b) must

be deposited or secured by bond.

(2) In exceptional circumstances, the Registrar may
at the written request of either party and with the written
consent of both parties, with not less than five days notice
proceed under paragraph (1) —

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(a) via teleconference, provided that such
communication is recorded by mechanical means
of some sort; or

(b) in such other manner as the Registrar in his
discretion thinks fit.

(3) The appellant shall within such time as the
Registrar directs under paragraph (1)(c) —

(a) prepare and file the record of appeal;
(b) deposit such sum or enter into such bond in Form

8 in Appendix A as the Registrar shall have fixed
under paragraph (1)(b).

(4) No deposit or bond shall be required to be paid or
secured by the Crown or any statutory body.

(5) An affidavit of compliance shall be filed by the
appellant upon satisfying the conditions of the Registrar’s
order.

(6) The Registrar shall, in determining whether to fix
a sum to be deposited or secured by bond for security for
costs —

(a) take into consideration the provisions of Order
23, r 1 of the Supreme Court Rules; and

(b) satisfy himself that a written demand was made
by the respondent and either —
(i) refused; or
(ii) an offer of security was made by the

appellant and not accepted by the
respondent.

(7) The Registrar shall notify all parties in Form 3 of
Appendix A that an appeal has been dismissed pursuant to
paragraph 13(1)(a)(iv).

(8) The court may, upon application, in its discretion
for good and sufficient cause, order that an appeal
dismissed under this rule be restored upon such terms as
the court thinks fit.

14. (1) If the appellant fails to comply with any of the
requirements of rule 13(3), the Registrar shall certify such
fact to a judge who shall thereupon order that the appeal
stands dismissed either with or without costs, and shall
cause the appellant and the respondent to be notified in
Form 3 of Appendix A of the terms of his order.

Ch. 53.

Non-compliance
with Registrar's
Order.

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(2) Where an appeal has been dismissed under
paragraph (1), a respondent who has given notice under
rule 20 may give notice of appeal and the provisions of rule
10 shall apply as if the appeal were brought under that rule.

(3) If the respondent alleges in writing addressed to
the Registrar that the appellant has failed to comply with a
part of the requirements of rule 13(3), a judge, if satisfied
that the appellant has so failed, may dismiss the appeal for
want of due prosecution or make such order as the justice
of the case may require.

(4) An appellant whose appeal has been dismissed
under this rule may apply to the court by motion that the
appeal be restored.

(5) The court may in its discretion for good and
sufficient cause order that such appeal be restored upon
such terms as it thinks fit.

15. (1) Every document or paper required by these
Rules to be filed or left with the Registrar shall —

(a) be legibly duplicated or typewritten with black
ink upon strong white paper of good quality;

(b) be eleven inches in height and eight and a half
inches in width, having a margin, not less than
1½ inches wide to be left blank on the left side of
the face of the paper and on the right side of the
reverse; and

(c) contain a space of not less than three eighths of
an inch between every two lines.

(2) There shall be an index to the record and every
page thereof shall be numbered consecutively.

(3) All correspondence and exhibits shall be arranged
in chronological order at the end of the record.

(4) The Registrar may refuse to receive, or allow to
be filed, any documents including carbon copies, not
strictly conforming to the requirements of paragraph (1),
and the court may disallow the costs of any such document
notwithstanding that it may have been filed or received.

16. When the record has been prepared and filed, the
Registrar shall, upon the filing of an affidavit of
compliance by the appellant pursuant to rule 13(5), set
down the appeal for hearing before the court, and
thereupon give notice by any of the means set out in rule

Preparation of
record.

Setting appeal
down for
hearing.

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7(4) to the appellant and to all parties upon whom the
notice of appeal was served.

17. (1) A person who desires to appeal to the court
from a judgment of the Supreme Court given in its original
jurisdiction, shall be entitled —

(a) on making written application to the Registrar of
the Supreme Court; and

(b) on payment of the prescribed fee,

to a copy of the notes of evidence taken by the trial judge
or, as the case may be, of the transcription of the evidence
and proceedings mechanically recorded pursuant to section
77 of the Supreme Court Act.

(2) If no written judgment is given by a judge of the
court below at the time of giving judgment, where any
record of the oral judgment whether in shorthand or long
hand or however otherwise recorded, has been made by
counsel or by a person employed by such court, such
record or a transcript thereof shall be submitted to the
judge who may approve the same in whole or in part or
himself prepare a note of his judgment, and such note and
every such approved record or transcript shall be included
in the record.

(3) On the hearing of an appeal the court shall have
power —

(a) if the notes of the judge of the court below or a
transcript of, the evidence are not produced; or

(b) if there are no such notes or transcript,

to hear and determine such appeal upon any other evidence
or statement of what occurred before such judge which the
court may deem sufficient.

18. Where a question of fact is involved in an appeal,
the evidence taken in the court below bearing on such
question shall, subject to any direction of the court, be
brought before the court as follows —

(a) in the case of evidence taken by affidavit, by the
production of such affidavits, or of office copies
thereof;

(b) in the case of evidence given orally, by the
production of a record of the court made in
accordance with section 77 of the Supreme Court

Evidence of
court below.

Ch. 53.

Evidence on
appeal.



Ch. 53.

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Act or by such other means as the court may
direct.

19. (1) Any party may apply to the Registrar of the
Supreme Court and, on payment of the prescribed fee,
obtain an office copy of the exhibits for the purpose of an
appeal to the court or otherwise.

(2) All original documents tendered in evidence in
the court below shall remain in the custody of the court
below unless requested in writing by the Registrar, and
shall then be forwarded with the record to the Registrar and
shall remain in the custody of the court until the
determination of the appeal.

(3) The Registrar shall permit a party for the purpose
of preparing his record to take copies of all such
documents and the court or Registrar may allow the return
of any document to any party pending the hearing of the
appeal and subject to such conditions as may be imposed
by the court or the Registrar.

20. (1) A respondent who, not having appealed from
the decision of the court below, desires to contend on the
appeal that the decision of that court should be varied,
either in any event or in the event of the appeal being
allowed in whole or in part, shall give notice to that effect
(Form 4 in Appendix A), specifying the grounds of that
contention and the precise form of the order which he
proposes to ask the court to make, or to make in the event
that the appeal be allowed, as the case may be.

(2) A respondent who desires to contend on the
appeal that the decision of the court below should be
affirmed on grounds other than those relied upon by that
court shall give notice to that effect specifying the grounds
of that contention.

(3) Except with the leave of the court, a respondent
shall not be entitled on the hearing of the appeal —

(a) to contend that the decision of the court below
should be varied upon grounds not specified in a
notice given under this rule;

(b) to apply for any relief not so specified; or
(c) to support the decision of the court below upon

any grounds not relied upon by that court or
specified in such a notice.

Copies of
exhibits.

Respondent's
notice.

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(4) Any notice given under this rule (in this part
referred to as a “respondent’s notice”) shall be filed and a
copy thereof shall be served on the appellant, and upon all
parties to the proceedings in the court below who are
directly affected by the contentions of the respondent, and
shall be served within fourteen days after the service of the
notice of appeal on the respondent.

21. A notice of appeal or a respondent’s notice may
be amended —

(a) by or with the leave of the court, at any time; or
(b) without the leave of the court, by supplementary

notice, served upon each of the parties upon
whom the notice to be amended was served, not
later than seven days before the date set down for
the hearing of the appeal.

22. (1) A respondent intending to rely upon a
preliminary objection to the hearing of the appeal shall
give the appellant three clear days’ notice thereof before
the hearing setting out the grounds of objection and shall
file such notice (Form 5 in Appendix A) together with four
copies thereof with the Registrar within the same time.

(2) If the respondent fails to comply with this rule,
the court may —

(a) refuse to entertain the objection;
(b) adjourn the hearing thereof at the cost of the

respondent; or
(c) make such other order as it thinks fit.

23. (1) The court may in any case direct that the
notice of appeal be served upon any party to the
proceedings in the court below on whom it has not been
served, or upon any person not party to those proceedings.

(2) In any case in which the court directs the notice
of appeal to be served on any party or person, the court
may also direct that any respondent’s notice shall be served
upon him.

(3) The court may in any case where it gives a
direction under this rule —

(a) postpone or adjourn the hearing of the appeal for
such period and upon such terms as may be just;
and

Amendment of
notice of appeal
or respondent's
notice.

Notice of
preliminary
objection to be
filed.

Directions of the
court as to
service.

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(b) give such judgment and make such order on the
appeal as might have been given or made if the
persons served in pursuance of the direction had
originally been parties.

24. (1) In relation to an appeal, the court shall have
all the powers and duties as to amendment and otherwise
of the Supreme Court.

(2) The court shall have full discretionary power to
receive further evidence upon questions of fact, either by
oral examination in court, by affidavit, or by deposition
taken before an examiner or commissioner:

Provided that in the case of an appeal from a
judgment after trial or hearing of any cause or matter upon
the merits, no such further evidence (other than evidence as
to matters which have occurred after the date of the trial or
hearing) shall be admitted except on special grounds.

(3) The court shall have power to draw inferences of
fact and to give any judgment and make any order which
ought to have been given or made, and to make such
further or other order as the case may require.

(4) The powers of the court under the foregoing
provisions of this rule may be exercised
notwithstanding —

(a) that no notice of appeal or respondent’s notice
has been given in respect of any particular part of
the decision of the court below or by any
particular party to the proceedings in that court;
or

(b) that any ground for allowing the appeal or for
affirming or varying the decision of that court is
not specified in such a notice,

and the court may make any order, on such terms as the
court thinks just, to ensure the determination on the merits
of the real question in controversy between the parties.

(5) The court may make such order as to the whole or
any part of the costs of an appeal as may be just, and may,
in special circumstances, order that such security shall be
given for the costs of an appeal as may be just.

(6) The powers of the court in respect of an appeal
shall not be restricted by reason of any interlocutory order
from which there has been no appeal.

General powers
of the court.

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25. (1) On the hearing of any appeal the court may, if
it thinks fit, make any such order as could be made in
pursuance of an application for a new trial or to set aside a
verdict, finding or judgment of the court below.

(2) A new trial shall not be ordered on the ground —
(a) of misdirection, or of the improper admission or

rejection of evidence;
(b) that the verdict of the jury was not taken upon a

question which the judge at the trial was not
asked to leave to them,

unless in the opinion of the court some substantial wrong
or miscarriage of justice has been thereby occasioned.

(3) A new trial may be ordered on any question
without interfering with the finding or decision upon any
other question and if it appears to the court that any such
wrong or miscarriage as is mentioned in paragraph (2) of
this rule affects part only of the matter in controversy, or
one or some only of the parties, the court may order a new
trial as to that part only, or as to that party or those parties
only, and give final judgment as to the remainder.

(4) In any case where the court has power to order a
new trial on the ground that damages awarded by a jury are
excessive or inadequate, the court may, in lieu of ordering
a new trial —

(a) with the consent of all parties concerned,
substitute for the sum awarded by the jury such
sum as appears to the court to be proper;

(b) with the consent of the party entitled to receive or
liable to pay damages, as the case may be, reduce
or increase the sum awarded by the jury by such
amount as appears to the court to be proper in
respect of any distinct head of damages
erroneously included in or excluded from the sum
so awarded,

but except as aforesaid the court shall not have power to
reduce or increase the damages awarded by a jury.

(5) A new trial shall not be ordered by reason of the
ruling of any judge that a document is sufficiently stamped
or does not require to be stamped.

Powers of the
court as to new
trials.

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26. This Part (except so much of paragraph (1) of rule
10 as provides that an appeal shall be by way of rehearing,
and except paragraph (1) of rule 25) applies to an
application to the court for a new trial or to set aside a
verdict, finding or judgment after trial with or without a
jury, as it applies to an appeal to that court, and references
in this Part to an appeal and to an appellant shall be
construed accordingly.

27. (1) Except as otherwise provided by these Rules,
every application to a judge of the court shall be by Notice
of Motion in Form 6 of Appendix A.

(2) Any application to the court for leave to appeal
(other than an application made after the expiration of the
time for appealing) shall be made ex parte in the first
instance.

(3) Notwithstanding paragraph (2), if it appears to the
court that the other parties should be present, then, the
court shall adjourn the application and give directions for
the service of notice thereof upon the party or parties
affected, and if on the adjourned application leave to
appeal is refused the court may make such order as to the
costs of any such party as may be just.

(4) Where an ex parte application has been refused
by the court below, an application for a similar purpose
may be made to the court ex parte within seven days from
the date of the refusal.

(5) Wherever under the provisions of the Act or of
these Rules an application may be made either to the court
below or to the court, it shall be made in the first instance
to the court below.

28. (1) An appellant who desires to withdraw an
appeal may do so by filing a notice in Form 7 in Appendix
A and such appeal shall stand dismissed with costs to the
date on which such notice is filed.

(2) The appellant shall serve copies of the notice of
withdrawal on all or any of the parties with regard to whom
the appellant wishes to withdraw his appeal, and any party
so served shall be precluded from laying claim to any costs
incurred by him after such service unless the court shall
otherwise order.

29. (1) In any cause or matter pending before the
court, a single judge of the court may, upon application,
make an order —

Application of
Part II to
applications for
new trials.

Method of
applications.

Withdrawal of
appeal.

Applications to a
single judge.

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(a) fixing security for costs, whether or not upon
application to review a decision of the Registrar
made under paragraph 13(1)(b)(ii);

(b) for the issue of a certificate that any point of law
involved in an appeal is one of general public
importance;

(c) for a stay of execution on any judgment appealed
from pending the determination of such appeal;

(d) for an injunction restraining the defendant in the
action from disposing or parting with the
possession of the subject matter of the appeal,
pending the determination thereof;

(e) for an extension of time; and
(f) on any other interlocutory application.

(2) Every order made by a single judge of the court
in pursuance of this rule may be discharged or varied by
the court.

(3) An application made under paragraph (1) shall be
made by way of summons and shall be supported by
affidavit, a copy of which shall be served with the
summons.

(4) Where an application is made by summons, an
order may be made adjourning the hearing into open court.

(5) Where an application made by summons is heard
by the court, it shall be treated as if it were a motion, and it
shall be heard in open court.

30. (1) An application for security for costs must be
made to the court within twenty-one days of a notice of
appeal being served.

(2) No application for security for costs may be made
unless the applicant has made a prior written demand for
such security and if the demand is refused or if an offer of
security is made by the appellant and not accepted by the
respondent, the court shall in dealing with the costs of the
application consider which of the parties has made the
application necessary.

(3) An order for security for costs shall direct that in
default of the security being given within the time limited
therein, or any extension thereof, the appeal shall stand
dismissed with costs.

Application for
security for costs.

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(4) A bond with sureties for securing the costs of an
appeal shall be made as in Form 8 in Appendix A.

31. (1) If an appellant fails to appear when his appeal
is called on for hearing, the appeal may be struck out or
dismissed with or without costs.

(2) When an appeal has been struck out or dismissed
owing to non-appearance of the appellant, the court may,
on application by the appellant by notice of motion,
supported by an affidavit, if it thinks fit, and on such terms
as to costs or otherwise as it may deem just, direct the
appeal to be re-entered for hearing.

(3) An application for re-entry of an appeal under
this rule shall be made within twenty-one days from the
date of the judgment or order sought to be set aside.

32. (1) If a respondent fails to appear when an appeal
is called on for hearing the court may proceed to hear the
appeal in his absence.

(2) Where an appeal has been heard in the absence of
the respondent and a judgment has been given therein
adverse to the respondent, the respondent may apply by
notice of motion to the court to set aside such judgment
and re-hear the appeal and the court may, if it thinks fit,
and on such terms as to costs or otherwise, as it may deem
just, direct the appeal to be re-entered for hearing.

(3) An application under paragraph (2) must —
(a) be made within twenty-one days from the date of

the judgment sought to be set aside; and
(b) be supported by an affidavit setting forth the

reasons and grounds for the application.

(4) The court may in its discretion set aside the
judgment and order that the appeal be re-heard at such time
and upon such conditions as to costs or otherwise as it may
think fit.

33. A certificate under the seal of the court and the
hand of the Registrar (Form 9 in Appendix A) setting out
the effect of the judgment of the court shall be forwarded
to the Registry of the court below, and the judgment shall
be enforced by that court.

34. Except as is otherwise provided, the court fees
prescribed in Appendix C shall be charged in respect of the

Non-appearance
of appellant and
application to re-
enter after
dismissal.

Non-appearance
of respondent
and application
to set aside
judgment.

Judgment of
court to be filed
in court below.

Court fees.

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STATUTE LAW OF THE BAHAMAS LRO 1/2008

matters to which they are respectively assigned and shall
be collected and received by impressed stamps.

35. (1) Where the costs of an appeal are allowed,
costs may either be —

(a) fixed by the court at the time when judgment is
given;

(b) agreed upon by the parties at the time when
judgment is given; or

(c) ordered to be taxed.

(2) A party entitled to have costs taxed as ordered by
the court shall begin proceedings for the taxation of those
costs by filing within three months after the judgment,
direction or order was pronounced or made —

(a) a detailed and accurate account of the Bill of
Costs as shown in Form 10 of Appendix A;

(b) a statement of the parties;
(c) an affidavit verifying any claim by or on his

behalf for disbursements; and
(d) legible copies of all receipts and invoices

necessary to support such claims for
disbursements or other sums paid,

and in the event a party fails to file within the specified
time any of the documents referred to in paragraphs (a) –
(d), the Registrar may disallow such item or items due to
the failure to submit a particular document.

(3) The Registrar shall be the taxing officer and shall
within not less than seven days, notify the party applying to
tax his costs and any other party entitled to be heard in the
taxation of the day and time appointed for the taxation.

(4) The taxing officer may request such further
documentation or submissions to substantiate a disputed or
questionable claim and such further documentation shall be
filed within seven days of the request, failing which the
Registrar may disallow the disbursement in question.

(5) If a party entitled to be heard on a taxation does
not attend within a reasonable time after the time appointed
for the taxation, the Registrar, if satisfied that the party had
due notice of the time appointed, may proceed to tax the
Bill of Costs in his absence.

Taxation of
costs.

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(6) Costs in respect of out of pocket expenditure
such as —

(a) meals;
(b) accommodation, hotel or otherwise;
(c) air travel and ground transportation;
(d) photocopying; and
(e) time spent by the applicant’s support and

administrative staff acting in their capacity in
connection with the proceedings,

will generally not be allowed, but may in the sole
discretion of the taxing officer be allowed if the taxing
officer considers such expenses to be necessary and
reasonable.

(7) Professional fees of counsel shall be allowed only
in respect of counsel who presents the appeal, unless the
court certifies that the appeal required two or more
counsel.

(8) No brief fee of counsel shall be allowed by the
taxing officer unless supported by a voucher or receipt duly
authenticated by the party paying the brief fee.

(9) Where an appeal is presented by Queen’s
Counsel, costs will generally be allowed to such counsel
and any junior counsel who appeared with him, unless the
court directs otherwise.

(10) The taxing officer shall not allow any costs
charged by a counsel and attorney in respect of advice
given to that counsel and attorney by any other counsel and
attorney, unless otherwise directed by the court.

(11) If counsel is claiming costs calculated on an
hourly basis, he shall produce, if requested to do so by the
taxing officer, accurate records which shall contain —

(a) the date on which the work was done;
(b) the amount of time spent on the work; and
(c) a brief description of the work carried out,

and in the event that the party fails so to do, such failure
may result in a claim being disallowed in respect of such
work.

(12) In determining whether or not the claim by
counsel is reasonable or excessive, the taxing officer shall

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STATUTE LAW OF THE BAHAMAS LRO 1/2008

have regard to all the relevant circumstances, and in
particular to —

(a) the complexity of the item or of the cause or
matter in which it arises and the difficulty or
novelty of the question involved;

(b) the skill, specialised knowledge and
responsibility required of, and the time and labour
expended by counsel;

(c) the number and importance of the documents
(however brief) prepared and perused;

(d) the place and circumstances in which the business
involved is transacted;

(e) the importance of the cause or matter to the
client;

(f) where money or property is involved, its amount
or value;

(g) any other fees and allowances payable to counsel
in respect of other items in the same cause or
matter, but only where work done in relation to
those items has reduced the work which would
otherwise have been necessary in relation to the
item in question.

(13) If upon the taxation of costs more than one-sixth
is deducted from a bill of costs taxed —

(a) as between party and party, no costs incurred in
the taxation shall be allowed as part of such bill,
nor shall such costs of taxation be charged as
between solicitor and client;

(b) as between counsel and client, no costs incurred
in the taxation shall be allowed as part of such
bill,

and on a taxation resulting in paragraph (b), it shall
be lawful —

(i) for the taxing officer to assess the costs of
being represented by an attorney which may
have been incurred by the client or other
party or parties on whom notice of taxation
has been served, and to sign an allocatur for
the amount so assessed; and

(ii) for the client, or other party or parties as
aforesaid, to sue out execution for the

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amount so assessed without any further or
other proceeding.

(14) In the computation of one-sixth of all bills of
costs for the purposes of paragraph (13), fees paid to
counsel shall be excluded.

(15) A party to a taxation proceeding who is
dissatisfied with the allowance or disallowance in whole or
in part of any item by the taxing officer, may —

(a) at any time before the certificate or allocatur is
signed; or

(b) at such earlier time as may in any case be fixed
by the taxing officer,

apply to the taxing officer to review the decision of the
taxing officer in respect of same and shall deliver to the
taxing officer and to each party who attended the taxation,
his objection in writing to such allowance or disallowance,
and shall specify, in a short and concise list the items or
parts objected to and the grounds and reasons for such
objections.

(16) The taxing officer may issue, if he thinks fit,
pending the consideration of such objections, a certificate
of taxation or allocatur for or on account of the remainder
of the bill of costs and such further certificate or allocatur
as may be necessary shall be issued by the taxing officer
after his decision upon such objections.

(17) The taxing officer shall reconsider and review his
taxation upon such objections, and may, if he shall think
fit, request or receive further evidence in respect thereof.

(18) If requested to do so by either party, the taxing
officer shall state in his certificate of taxation or allocatur,
or otherwise by reference to the objections, the grounds
and reasons for his decision on the review and any special
facts or circumstances relevant to it.

(19) The taxing officer may tax the costs of such
objection and add them to or deduct them from any sum
payable by or to any party to the taxation.

(20) Any person aggrieved by a decision of the taxing
officer on such review may apply to the court within
fourteen (14) days from the date of the certificate by
motion accompanied by an affidavit in support —

(a) to set aside such decision; and

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STATUTE LAW OF THE BAHAMAS LRO 1/2008

(b) to make such further order as the court may think
fit.

(21) Notice of such motion shall be served upon the
taxing officer and upon all parties having any interest
therein, within three days of the filing of such notice.

(22) The court may make such order as the
circumstances require, and in particular may order an
amendment to the certificate of the Registrar.

(23) The taxing officer may in the discharge of his
functions with respect to the taxation of costs —

(a) take into account any dealings in money made in
connection with the payment of the costs being
taxed, if the court so directs;

(b) require any party represented jointly with any
other party in any proceedings before him to be
separately represented;

(c) examine any witness in those proceedings;
(d) direct the production of any document which may

be relevant in connection with those proceedings.

(24) The taxing officer may —
(a) extend the period within which a party is required

by or under this rule to begin proceedings for
taxation or to do anything in or in connection
with proceedings before the taxing officer;

(b) where no period is specified by or under this rule
or by the court for the doing of anything in or in
connection with such proceedings, specify the
period within which the thing is to be done.

(25) Where a party entitled to be paid costs is also
liable to pay costs, the taxing officer may —

(a) tax the costs which that party is liable to pay and
set off the amount allowed against the amount he
is entitled to be paid and direct payment of any
balance; or

(b) delay the issue of a certificate for the costs he is
entitled to be paid until he has paid or tendered
the amount he is liable to pay.

(26) The taxing officer by whom any taxation
proceedings are being conducted may, if he thinks it

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necessary to do so, adjourn those proceedings from time to
time.

PART III - CRIMINAL APPEALS FROM THE
SUPREME COURT, MAGISTRATE’S COURT AND

COURTS-MARTIAL

36. (1) A person desiring to appeal to the court
against conviction or sentence shall commence his appeal
by submitting to the Registrar —

(a) a notice of appeal;
(b) a notice of application for leave to appeal; or
(c) a notice of application for extension of time

within which such notice shall be given,

as the case may be, in the form of such notices set forth in
Forms 1 or 2 in Appendix B, and in the notice or notices so
sent, shall answer the question and comply with the
requirement set forth thereon, subject to the provisions of
rule 38.

(2) A notice referred to in paragraph (1) shall be
served on the Registrar of the Supreme Court by the person
desiring to appeal or his legal representative.

(3) Every person making an application for an
extension of time shall send to the proper officer of the
court below, together with the proper form of such
application, a form, duly filled up, of notice of appeal, or of
notice of application for extension of time for leave to
appeal, setting out the ground or grounds upon which he
desires to question his conviction or sentence, as the case
may be.

(4) Every notice referred to in paragraph (1) shall be
signed by the appellant himself, except under the
provisions of rule 37(1), (2) and (3).

(5) Any other notice required or authorised to be
given shall be in writing and signed by the person giving
the same or by his legal representative.

(6) All notices required or authorised to be given
shall be addressed to the Registrar and a copy sent to the
proper officer of the court below.

37. (1) When an appellant or other person authorised
or required to give or send any notice of appeal or notice of

Institution of
criminal appeals.

Where appellant
is unable to
write.

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STATUTE LAW OF THE BAHAMAS LRO 1/2008

any application is unable to write, he may affix his mark
thereto in the presence of a witness who shall attest the
same, and thereupon, such notice shall be deemed to be
duly signed by such appellant.

(2) Where it is contended that a person is not
responsible according to law for his actions on the ground
that he was insane at the time the act was done or the
omission was made by him, any notice required to be given
and signed by the appellant himself may be given and
signed by his legal representative.

(3) In the case of a body corporate, where any notice
or other document is required to be signed by the appellant
himself, it shall be sufficient compliance therewith if such
notice or other document is signed by the secretary, clerk,
manager or legal representative of such body corporate.

38. (1) Non-compliance on the part of the appellant,
in any criminal cause or matter with these Rules or with
any rule of practice for the time being in force shall not
prevent the further prosecution of his appeal if the court
considers that such non-compliance was not wilful and that
it is in the interest of justice that non-compliance be
waived.

(2) The court may, in such manner as it thinks right,
direct the appellant to remedy such non-compliance and
thereupon the appeal shall proceed.

(3) The Registrar shall forthwith notify the appellant
of any directions given by the court under this rule where
the appellant was not present at the time when such
directions were given.

39. When an appellant or applicant is in prison, any
document to be served upon him shall be delivered at the
prison by the bailiff or such other authorised person, to the
officer in charge or the person appearing to be the officer
in charge thereof, who shall cause the same to be served
forthwith on such prisoner.

40. (1) Upon receipt of notice referred to in rule
36(2), the Registrar of the Supreme Court shall cause to be
forwarded forthwith a copy of the proceedings to the
Registrar.

(2) The Registrar, upon receiving —
(a) a notice of appeal;
(b) a notice of application for leave to appeal; or

Waiver for non-
compliance with
Rules.

Service of
documents on
appellant
imprisoned.

Preparation of
record of
proceedings.

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(c) a notice of application for extension of time
within which such notice shall be given,

shall cause to be prepared four copies of —
(i) the record of proceedings in the court below;

and
(ii) the summing up or direction of the judge of

the court below,

upon receiving same from the Registrar of the Supreme
Court.

(3) The Registrar of the Supreme Court shall collect
and attach the original exhibits in the case as far as
practicable and any original depositions, information,
inquisition, plea or other documents kept by the Registrar
of that court, or forming part of the record of the court
below and upon request, shall forward the same to the
Registrar.

(4) The Registrar of the Supreme Court shall cause to
be forwarded a copy of the proceedings and a copy of the
summing up to the Attorney-General.

(5) For the purposes of this rule, “a copy of the
proceedings” includes —

(a) the Information or Bill of Indictment, and the
plea;

(b) the verdict; any evidence given thereafter and the
sentence;

(c) the notes of any particular part of the evidence or
cross-examination relied on as a ground of
appeal; and

(d) such other notes of evidence as the Registrar may
direct to be included in the copy of proceedings:

Provided that —
(i) in capital cases, copies of the transcript or

notes of all evidence shall be supplied; and
(ii) upon application by either party to an appeal,

a single judge of the court or the court itself
may direct that copies of any particular part,
or the whole of the evidence be supplied to
the court and to the Attorney-General.

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41. (1) Whenever the evidence and proceedings in the
court below shall have been recorded mechanically in
accordance with section 77 of the Supreme Court Act, the
record thereof shall consist of the transcript of the
recording and the recording shall be kept in such custody
as the proper officer of the court below shall direct.

(2) The person having custody of the recording shall,
on being directed by the proper officer of the court below,
furnish to him for the use of the court a transcript of the
whole, or of any part, of the mechanical recording taken at
any trial or proceedings in reference to which an appellant
has appealed under the Act.

(3) The transcript of the whole or any part of the
mechanical recording relating to the case of any appellant
which may be required for the use of the court shall be
certified by the proper officer of the court below under his
hand and the seal of the court.

(4) On the application of a party interested in a trial
or other proceedings in relation to which a person may
appeal under the Act, the Registrar of the Supreme Court
shall furnish to such party, and to no other person, a
transcript of the whole or of any part of the recording of
any such trial or other proceedings, on payment of the
prescribed fee to the proper officer of the court below.

(5) A party interested in an appeal under the Act may
obtain from the proper officer of the court below a copy of
the transcript of the whole or of any part of such recording
as relates to the appeal on payment of the prescribed fee to
the proper officer of the court below.

(6) For the purposes of this rule, “a party interested”
shall mean —

(a) the prosecutor or the person convicted;
(b) any other person named in, or immediately

affected by, any order made by the judge of the
court below; or

(c) any other person authorized to act on behalf of a
party interested, as herein defined,

but shall not include the Attorney-General, to whom a copy
of such transcript shall be furnished free of charge.

42. (1) The Registrar shall, if the court directs him so
to do in relation to any appeal, request the judge of the
court below to furnish him with a report in writing, giving

Transcripts.

Ch. 53.

Judge's report.

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his opinion upon the case generally or upon any point
arising upon the case of the appellant, and such judge shall
as soon as practicable furnish the same to the Registrar.

(2) When the Registrar requests the judge of the
court below to furnish a report under paragraph (1), the
Registrar shall send to such judge –

(a) a copy of the notice of appeal or notice of
application for leave to appeal;

(b) any other document or information which the
Registrar considers material; or

(c) any other document which such judge may
request of the Registrar,

to enable such judge to deal in his report with the
appellant’s case generally or with any point arising
thereon.

(3) The report of the judge shall be made to the court,
and the Registrar on request shall furnish a copy thereof to
the appellant and to the respondent unless otherwise
directed by the court.

43. (1) At any time after notice of appeal or notice of
application for leave to appeal has been given under these
Rules, an appellant or respondent may on the payment of
the prescribed fee obtain from the Registrar of the Supreme
Court copies of any documents or exhibits in his
possession for the purposes of such appeal.

(2) Where counsel is assigned to an appellant under
the Act, copies of such documents or exhibits which they
or he may request the said Registrar of the Supreme Court
to supply, shall without charge be supplied.

(3) Where an appellant who is not legally represented
requires from the said Registrar a copy of any such
document or exhibit in his custody for the purposes of his
appeal the appellant may obtain it free of charge, if, in all
the circumstances, the said Registrar thinks it is desirable
or necessary to supply the same to him.

44. (1) When the Registrar has received a notice of
appeal or where leave to appeal is granted to an appellant,
the Registrar shall —

(a) notify the Attorney-General; or
(b) if the prosecutor is a private person, enquire if

that person intends to defend the appeal and, if

Copies of
documents or
exhibits for use
by appellant or
respondent.

Conduct of
prosecution and
defence.

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the answer is in the negative, so inform the
Attorney-General.

(2) It shall be the duty of a private prosecutor and of
his counsel, who declines to defend an appeal, to furnish to
the Registrar and the Attorney-General, any information,
document, matter or thing in his possession or under his
control connected with the proceedings against the
appellant, which the Registrar or the Attorney-General may
require for the purposes of their duties under the Act.

45. (1) The Registrar shall cause to be prepared and
kept up-to-date, in such form as the Registrar thinks
convenient, a list of counsel who are willing to act, if and
when nominated under the Act, as counsel for an appellant.

(2) The Registrar shall, subject to any special order
of the court, select from such list or otherwise, a counsel
for the purpose of affording legal aid to an appellant and
the Registrar shall have regard in so doing —

(a) to the place at which the appellant was tried;
(b) to the counsel, if any, who represented the

appellant at the trial; and
(c) to the nature of the appeal.

(3) When legal aid is assigned to an appellant, the
court may give such directions —

(a) as to the stage of the appeal at which such legal
aid shall commence; or

(b) otherwise, as the court may think fit.

46. (1) Where any application(s) has been dealt with
by a single judge, the Registrar shall notify the decision
thereof to the appellant by causing Form 3 in Appendix B
to be served upon him.

(2) If the appellant desires to have the said
application(s) determined by the court, the appellant shall
within five days of service of the said notice file Form 4 in
Appendix B duly filled up by him and addressed to the
Registar, failing which the decision by the judge shall be
final.

(3) If the appellant desires that his said application(s)
shall be determined by the court and is not legally
represented, the appellant, if granted leave by the court,
may be present at the hearing and determination by the
court of his said application(s).

Legal aid for
appellants.

Proceedings
before a single
judge.

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(4) When an appellant files the requisite form within
the prescribed time, expressing a desire to be present at the
hearing and determination by the court of applications
mentioned in this rule, such form shall be deemed to be an
application by the appellant for leave to be so present.

(5) The Registrar, on receiving the said form, shall
take the necessary steps for placing the application before
the court.

(6) If the application to be present is refused by the
court, the Registrar shall notify the appellant in Form 5 in
Appendix B and the officer in charge of the prison where
the appellant is in custody.

(7) For the purpose of constituting a court, the judge
who has refused any such application may sit as a member
of such court and take part in determining such application.

47. (1) Except where otherwise provided in these
Rules, any application to the court may be made orally or
in writing, by the appellant or the respondent, or by
counsel on his behalf.

(2) Notwithstanding paragraph (1), if the
appellant is —

(a) unrepresented; and
(b) in custody,

the appellant shall make such application by forwarding
the same in writing to the Registrar who shall take the
proper steps to obtain the decision of the court thereon.

48. Where the court on a notice of application for
leave to appeal duly served, has given an appellant leave to
appeal, it shall not be necessary for such appellant to give
any notice of appeal but the notice of application for leave
to appeal shall in such case be deemed to be a notice of
appeal.

49. (1) Where a person, on his conviction, has been
sentenced to pay a fine, and in default of such payment, to
imprisonment, and such person remains in custody in
default of payment of the fine, for purposes of appeal, he
shall be deemed to be a person sentenced to imprisonment.

(2) Where a person has been convicted and is
thereupon sentenced —

(a) to the payment of a fine; and
(b) in default of such payment, to imprisonment,

Mode of
application.

Notice of
application for
leave to appeal
deemed to be
notice of appeal.

Suspension of
orders and
admission to bail.

CH.52 – 82] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS LRO 1/2008

and indicates to the judge of the court below that he is
desirous of appealing to the court against his conviction,
such judge may, if he thinks right so to do —

(i) order such person forthwith to enter into
recognizances in Forms 6 and 7 in Appendix
B in such amount, and with or without
sureties in such amount, as such judge may
think right to prosecute his appeal; and

(ii) subject thereto, order that payment of the
said fine shall be made to the proper officer
of the court below, at the final determination
of his said appeal, if the same be dismissed,
or as the court may then order.

(3) If an appellant to whom paragraph (2) applies
does not serve in accordance with these Rules a notice of
appeal or of abandonment of his appeal within fourteen
days from the date of his conviction or sentence, the proper
officer of the court below shall report such omission to the
court, who may, after notice in Form 8 in Appendix B has
been given to the appellant and his sureties, if any —

(a) order an estreat of the recognizance of the
appellant and his sureties;

(b) issue a warrant for the apprehension of the
appellant;

(c) commit the appellant to imprisonment in default
of payment of his fine; or

(d) make such other order as the court may think
right.

(4) An appellant who has been sentenced to the
payment of a fine, and has paid same or part thereof in
accordance with such sentence, shall, in the event of his
appeal being successful, be entitled, subject to any order of
the court, to the return of the sum so paid by him.

50. (1) Where, on the conviction of a person, the
judge of the court below makes —

(a) an order condemning such person to the payment
of the whole or of any part of the costs and
expenses of the prosecution for the offence of
which he shall be convicted out of any moneys
taken from such person on his apprehension or
otherwise;

Temporary
suspension of
orders made on
conviction as to
money, etc.

COURT OF APPEAL [CH.52– 83






LRO 1/2008 STATUTE LAW OF THE BAHAMAS

(b) an order for the payment of money by such
convicted person or by any other person; or

(c) an order affecting the rights of property of such
convicted person,

the operation of such orders shall, in any of such cases, be
suspended until the expiration of fourteen days after the
day on which any of such orders was made.

(2) In the case where notice of appeal or notice of
application for leave to appeal is given within fourteen
days from and after the date of the verdict against such
person, such order shall be further suspended until the
determination of the appeal against the conviction in
relation to which it was made.

(3) When the judge of the court below, on the
conviction of a person before him, makes an order for
payment of money by such person or by any other person
upon such conviction, and, by reason of this rule such
order would otherwise be suspended, such judge may, if he
thinks right so to do, direct that the operation of such order
shall not be suspended unless the person against whom
such order has been made shall, in such manner and within
such time as the said judge shall direct, give security for
the payment to the person in whose favour such an order
shall have been made of the amount therein named.

(4) Where upon the conviction of a person of any
offence, the court below orders —

(a) that any disqualification, forfeiture or disability
should attach to such person; and

(b) notice of appeal or notice of application for leave
to appeal is given in respect of such conviction,
sentence or order,

the court may upon application, suspend such
disqualification, forfeiture or disability until the
determination of the proceedings upon appeal.

(5) Where a judge of the court below makes any such
order on a person convicted before him as in this rule
mentioned, he shall give such directions as he thinks
right —

(a) as to the retention, by any person, of any money
or valuable securities belonging to the person so
convicted and taken from such person on his
apprehension; or

CH.52 – 84] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS LRO 1/2008

(b) as to any money or valuable securities at the date
of his conviction in the possession of the
prosecution,

for a period of fourteen days, or in the event of appeal,
until the determination thereof by the court.

(6) “Security” referred to in paragraph (3) means
such security as may be to the satisfaction of the person in
whose favour the order for payment shall have been made
or of any other person as such judge shall direct.

(7) Where, upon a conviction, any property, matter or
thing, the subject of the prosecution or connected
therewith, are to be or may be ordered to be destroyed or
forfeited under provisions of any statute, rule, regulation or
other law, the destruction or forfeiture or order for
destruction or forfeiture thereof shall be suspended for a
period of fourteen days from and after the date on which
the verdict on the information was returned, and in the
event of an appeal under the Act shall be further suspended
until the determination thereof by the court.

(8) Where, upon conviction of a person of any
offence, any claim may be made or any proceedings may
be taken under any rule, regulation, statute or other law
against —

(a) such person; or
(b) any other person in consequence of such

conviction,

such proceedings shall not be taken until after a period of
fourteen days from the date on which the verdict against
such person was returned nor in the event of an appeal
under the Act to the court, until the determination thereof.

(9) The court may, by order, annul or vary an order
to which this rule refers on the determination of an appeal
and such order, if annulled, shall not take effect, and, if
varied, shall take effect as so varied.

(10) A person affected by an order which is suspended
under this rule may, with the leave of the court, be heard
on the final determination of an appeal, before such order
is varied or annulled by the court.

(11) The proper officer of the court below shall keep a
record of —

(a) all orders to which this rule refers; and

COURT OF APPEAL [CH.52– 85






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(b) all directions given under this rule.

51. (1) If an appellant desires to make application for
bail pending determination of his appeal, he shall do so in
Form 9 in Appendix B.

(2) Where the court admits an appellant to bail
pending the determination of his appeal, the court shall —

(a) specify the amounts in which the appellant and
his surety or sureties shall be bound by
recognizance unless the court directs that no
surety is required; and

(b) direct, if the court thinks right so to do, before
whom the recognizances of the appellant and his
surety or sureties (if any) may be taken.

(3) The Registrar shall notify the appellant and the
officer in charge of the prison within which he is confined,
of the terms and conditions on which the appellant may be
admitted to bail under the Act.

(4) In the event of the court not making any special
order or giving any special directions under this rule, the
recognizances of the appellant and of his surety or sureties
(if any) may be taken before a justice of the peace and shall
be sent to the Registrar.

(5) The recognizances provided for in this rule shall
be in Forms 10 and 11 in Appendix B.

(6) The Registrar, on being satisfied that the
recognizances of the appellant and his surety or sureties (if
any) are in due form and in compliance with the order of
the court admitting the appellant to bail, shall send in Form
12 in Appendix B a notice to the officer in charge of the
prison, which notice when received by the said officer,
shall be sufficient authority to him to release the appellant
from custody.

(7) An appellant who has been admitted to bail shall
be personally present at each and every hearing of his
appeal and at the determination thereof.

(8) In the event of an appellant not being present at a
hearing of his appeal, the court may, if the court thinks
right so to do —

(a) decline to consider the appeal and —
(i) proceed summarily to dismiss the same; and

Procedure on
application for
bail.

CH.52 – 86] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS LRO 1/2008

(ii) issue a warrant for the apprehension of the
appellant in Form 13 in Appendix B;

(b) consider the appeal in the absence of the
appellant; or

(c) make such other order as the court may think fit.

(9) When an appellant is present before the court, the
court may, on an application made by any person or, if the
court thinks right so to do, without any application —

(a) make an order admitting the appellant to bail;
(b) revoke or vary an order previously made;
(c) increase from time to time the recognizances of

the appellant or of his sureties; or
(d) substitute any other surety previously bound as it

thinks right.

(10) At any time after an appellant has been released
on bail, the court may, if satisfied that it is in the interest of
justice so to do —

(a) revoke the order admitting the appellant to bail;
(b) issue a warrant in Form 13 in Appendix B for the

apprehension of the appellant; and
(c) order that the appellant be committed to prison.

(11) On breach of any material term of the
recognizances of the appellant, the court may order such
recognizances and those of his surety or sureties to be
estreated if the court thinks right so to do.

(12) Where the surety or sureties for an appellant,
upon whose recognizance such appellant has been released
on bail by the court, suspects or suspect that the said
appellant is about to —

(a) depart out of The Bahamas; or
(b) in any manner, fail to observe the conditions of

his recogizances on which he was so released,

such surety or sureties may lay an information before a
justice of the peace or magistrate for the district in which
the appellant is, or is by such surety or sureties believed to
be, or in which such surety or sureties may then be, and
such justice of the peace or magistrate shall thereupon
issue a warrant for the apprehension of the said appellant.

COURT OF APPEAL [CH.52– 87






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(13) The Magistrate of the said court on the
commitment of any such appellant, shall cause the
Registrar to be notified to that effect, and forward to him
the said information and the deposition in verification
thereof taken before such court together with a copy of the
said warrant of commitment.

(14) When an appellant has been released on bail and
has, under a warrant under these Rules or by his surety or
sureties, been apprehended and is in prison, the officer in
charge thereof shall forthwith notify the Registrar who
shall take steps to inform the court thereof and the court
may give to the Registrar such directions as to the appeal
or otherwise as the court shall think right.

52. (1) An appellant may, at any time before the
hearing of his appeal or application for leave to appeal,
abandon his appeal by giving notice of abandonment
thereof in Form 14 in Appendix B to the Registrar, and
upon such notice being given, the appeal shall be deemed
to have been dismissed by the court.

(2) Upon receipt of notice of abandonment duly
completed and signed or marked by the appellant or party
authorised to sign notices under rule 37, the Registrar shall
give notice thereof in Form 15 in Appendix B to the
respondent, the prison authority, the proper officer of the
court below and, in the case of an appeal against conviction
involving a sentence of death, in like manner give notice to
the Attorney-General.

(3) The Registrar shall also return to the proper
officer of the court below any original documents and
exhibits received from him.

53. Where, upon the trial of a person entitled to
appeal against his conviction, an order of restitution of any
property to any person has been made by the judge of the
court below —

(a) the person in whose favour or against whom the
order of restitution has been made; and,

(b) with the leave of the court, any other person,

shall, on the final hearing by the court of an appeal against
the conviction on which such order of restitution was
made, be entitled to be heard by the court before any order
annulling or varying such order of restitution is made.

Abandonment of
appeal.

Varying order of
restitution of
property.

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STATUTE LAW OF THE BAHAMAS LRO 1/2008

54. Unless the court directs to the contrary, in cases
where, in the opinion of the court, the question for decision
is a question of law on which it would be convenient that
separate judgments should be pronounced by the judges of
the court, the judgment of the court shall be pronounced by
the presiding judge or such other judge of the court hearing
the appeal as he may direct, and no judgment with respect
to the determination of any question shall be separately
pronounced by any other member of the court.

55. (1) On the final determination of an appeal or of
any application to the court, the Registrar shall —

(a) give to the appellant (if he be in custody and has
not been present at such final determination), the
respondent and the prison authority, notice in
Forms 16 and 17 of Appendix B of such
determination;

(b) notify in such manner as the Registrar thinks
most convenient to the proper officer of the court
below —
(i) the decision of the court in relation thereto;
(ii) any orders or directions made or given by the

court in relation to such appeal;
(iii) any matter connected therewith.

(2) The proper officer of the court below, on
receiving the notification referred to in this rule, shall
cause to be entered the particulars thereof on the records of
such court.

(3) Where the Registrar has obtained from the proper
officer of the court below any original depositions,
exhibits, information, plea or other documents usually kept
by such officer, or forming part of the record of the court
below, upon the final determination of an appeal, the
Registrar shall, where practicable, cause the same to be
returned to such officer.

(4) In a case of an appeal in relation to a conviction
involving a sentence of death, the Registrar, on receiving
the notice of appeal or of any application for leave to
appeal, shall send copies thereof to the Minister and to the
prison authority, and on the final determination of such
appeal by the court shall forthwith notify the appellant, the
Minister, the respondent and the prison authority.

Judgments of the
court.

Notification of
final
determination of
appeals.

COURT OF APPEAL [CH.52– 89






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(5) For the purposes of this rule, “Minister” means
the Minister designated by the Governor-General under
Article 90(2) of the Constitution.

56. The proper officer of the court below shall not
issue, under any law authorising him so to do, a certificate
of conviction of any person convicted in the court below if
notice of appeal or notice of application for leave to appeal
is given, until the determination or abandonment thereof.

57. (1) Where the court has ordered any witness to
attend and be examined before the court, the Registrar shall
cause to be served an order in Form 18 in Appendix B
upon such witness specifying the time and place at which
to attend for such purpose.

(2) An order referred to under paragraph (1) may be
made, at any time, on the application of the appellant or
respondent.

(3) Where the court makes an order for the
attendance and examination of a witness otherwise than
before the court itself, such order shall specify —

(a) the person appointed as examiner;
(b) the place of taking such examination; and
(c) the witness or witnesses to be examined thereat.

(4) The Registrar shall furnish to the examiner
appointed, any documents or exhibits or any material
relating to the said appeal as and when requested to do so
and such documents, exhibits and other material after the
examination has been concluded shall be returned by the
examiner, together with any depositions taken by him
under this rule, to the Registrar.

(5) When the examiner has appointed the day and
time for the examination the examiner shall request the
Registrar to notify the appellant and respondent, their legal
representatives, if any, and the prison authority if the
appellant is in prison.

(6) The Registrar shall cause to be served on every
witness to be examined a notice in Form 19 in Appendix B.

(7) Every witness examined before an examiner
under this rule shall give evidence upon oath or on
affirmation to be administered or taken by such examiner,
except where any such witness, if giving evidence as a
witness on a trial on indictment, need not be sworn.


Constitution.

Restrictions on
issue of
certificate of
conviction.

Procedure as to
witnesses before
court.

CH.52 – 90] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS LRO 1/2008

(8) The examination of every such witness shall be
taken in the form of a deposition.

(9) Where any witness shall receive an order or
notice to attend before the court or an examiner, the
Registrar may, if it appears to him necessary so to do, pay
to such witness a reasonable sum for his expenses.

(10) The appellant and his legal representative (if any)
and the respondent shall be entitled to be present at and
take part in any examination of any witness to which this
rule relates.

58. (1) When an order of reference is made by the
court to a special commissioner, the question to be
referred, and the person to whom as special commissioner
the same shall be referred, shall be specified in such order.

(2) The court in such order, or by giving directions as
and when the court from time to time shall think right, may
specify whether the appellant or respondent or any person
on their behalf may be present at any examination or
investigation or at any stage thereof as may be ordered, and
may —

(a) specify any and what powers of the court may be
delegated to such special commissioner;

(b) require him from time to time to make interim
reports to the court upon the question referred to
him;

(c) if the appellant is in custody, give leave to him to
be present at any stage of such examination or
investigation;

(d) give the necessary directions to the prison
authority accordingly;

(e) give directions to the Registrar that copies of any
report made by such special commissioner shall
be furnished to the appellant and respondent.

59. (1) A person desiring to appeal to the court
against conviction by courts-martial shall commence his
appeal by submitting to the Registrar —

(a) a notice of appeal;
(b) a notice of application for leave to appeal; or
(c) a notice of application for extension of time

within which such notice shall be given,

Proceedings on
reference to
special
commissioner.

Appeals from
courts-martial.

COURT OF APPEAL [CH.52– 91






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as the case may be, in the form of such notice set forth in
Forms 20 or 21 in Appendix B, and in the notice or notices
so sent, shall answer the questions and comply with the
requirement set forth thereon, subject to the provisions of
rule 38.

(2) The answers to the questions which the applicant
is by this rule required to make in support of his request to
be present at the hearing of his appeal shall be deemed to
be applications to the court in such matter.

(3) These Rules shall, with appropriate
modifications, apply to appeals from courts-martial save
that —

(a) judge of the court below shall include courts-
martial;

(b) proper officer of the court below shall include the
National Security Council established under
section 8 of the Defence Act, or any person the
Council shall have authorised to act on its behalf;

(c) prison shall include unit detention quarters set up
under the Defence (Imprisonment and Detention)
Regulations;

(d) copies of proceedings in the court below shall
consist of the record of the courts-martial
(including any proceedings with respect to the
revision of the findings or sentence of the courts-
martial in pursuance of subsection (1) of section
106 of the Defence Act), the proceedings with
respect to the confirmation of the finding and the
sentence of the courts-martial and with respect to
any petition presented by the person convicted;
and

(e) the date of the verdict shall be the date of
promulgation of confirmation of the finding of
the courts-martial.

60. (1) A person desiring to appeal to the court
against conviction by a magistrate’s court shall commence
his appeal by submitting to the Registrar a notice of motion
of appeal in Form 22 in Appendix B, and in the notice of
motion so sent shall answer the questions and comply with
the requirement set forth thereon, subject to the provisions
of rule 38.

Ch. 211.

Ch. 211, Sub.
Leg.


Ch. 211.


Appeals from
Magistrate’s
Court.

CH.52 – 92] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS LRO 1/2008

(2) The answer to the question which the applicant is
by this rule required to make in support of his request to be
present at the hearing of his appeal shall be deemed to be
an application to the court in such matter.

(3) The provisions of Part IX of the Criminal
Procedure Code Act relating to appeals on notice of motion
shall apply to appeals from a magistrate’s court.

PART IV - CIVIL APPEALS FROM THE
MAGISTRATE’S COURT

61. The court shall have power to draw inferences of
fact and to give any judgment and make any order which
ought to have been given or made, and to make such
further or other order as the case may require.

PART V - SECOND APPEALS FROM THE
SUPREME COURT OR CIRCUIT JUSTICE

62. (1) A person desiring to appeal to the court under
section 21 of the Act from a judgment of the Supreme
Court or of a circuit justice given in the exercise of the
appellate or revisional jurisdiction of such court shall
commence his appeal by notice of motion.

(2) Notice of appeal may be given in respect of the
whole or any part of the judgment of the court below and
every such notice shall specify the point or points of law
relied upon by the appellant as his grounds of appeal.

(3) Except with the leave of the court, the appellant
shall not be entitled on the hearing of an appeal to rely on
any grounds of appeal not specified in the notice of the
appeal.

(4) A notice of appeal shall be served upon all parties
to the proceedings in the court below and, in the case of
any criminal cause or matter, upon the Attorney-General
whether or not he is such a party.

(5) Every notice of appeal shall be filed and a copy
thereof shall be served under paragraph (4) of this rule,
within six weeks of the date on which the judgment of the
court below was pronounced or made.

63. Save as is otherwise provided in this Part of these
Rules, the provisions of Part II thereof shall apply in the
case of any second appeal to the court in any civil cause or

Ch. 91.

Powers of court.

Mode of
application.

Application of
Rules.

COURT OF APPEAL [CH.52– 93






LRO 1/2008 STATUTE LAW OF THE BAHAMAS

matter and the provisions of Part III thereof shall apply in
the case of any such appeal in a criminal cause or matter
mutatis mutandis.

64. The Court of Appeal Rules are hereby repealed. Repeal of Sub.
Leg. Vol. I, Ch.
52 - 49.

CH.52 – 94] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS LRO 1/2008

SCHEDULE (rule 6)

Abbreviation Category of Appeal
PAdminApp Public Administration Appeal
Const/CivApp Constitutional Civil Appeal
Const/CrApp Constitutional Criminal Appeal
MCCrApp Magistrates’ Court Criminal

Appeal
MCCivApp Magistrates’ Court Civil Appeal
SCCrApp Supreme Court Criminal Appeal
SCCivApp Supreme Court Civil Appeal
IndTribApp Industrial Tribunal Appeal
RPTApp Real Property Tax Appeal
CtMarsApp Courts-Martial Appeal
RentAppTrib Rent Appeal Tribunal Appeal
ProbApp Probate Appeal
FamApp Family Appeal
D&MApp Divorce and Matrimonial Appeal
AdoptApp Adoption Appeal
CommApp Commercial Appeal
InsApp Insurance Appeal
CompApp Companies Appeal
TrusApp Trust Appeal
JudRev/HC/Cert/
Man/Proh/Admi
n

Judicial Review Administration
Appeal

Land (SP) Land (Specific Performance)
Equity/Quiet. Equity/Quieting Titles Appeal

*Note : In respect of interlocutory proceedings, insert
the letters “INT” immediately before the abbreviation.

COURT OF APPEAL [CH.52– 95






LRO 1/2008 STATUTE LAW OF THE BAHAMAS

APPENDIX A

CIVIL FORMS

INDEX TO FORMS
Form No. Description of Form
1 Notice of Motion.
2 Summons to parties by Registrar to settle the

record.
3 Notice to parties that appeal has been dismissed.
4 Notice by respondent of intention to contend that

decision of court below be varied.
5 Notice by respondent of intention to rely upon

preliminary objection.
6 Notice of Motion.
7 Notice of withdrawal of appeal.
8 Bond for due prosecution of appeal or security for

costs.
9 Certificate of the order of the court.
10 Bill of costs.

CH.52 – 96] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS LRO 1/2008

CIVIL FORM 1 (rule 10 (1))
COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................No...........

[Specify category of appeal] Side

NOTICE OF MOTION

BETWEEN

................................................(Plaintiff/Defendant) Appellant(s)

AND

.............................................(Plaintiff/Defendant) Respondent(s)

TAKE NOTICE that the Court of Appeal will be moved so
soon as Counsel can be heard on behalf of the above-named
(Plaintiff/Defendant) Appellant(s) on Appeal from (the whole of) (or
that part of) the judgment (or order) herein of the Honourable Mr.
Justice given (or made) at the trial of this (action) on the day

of 20 whereby it was adjudged (or ordered) [Here set out
the whole or part of the decision complained about].

For an Order [State precise form of order applied for].

AND FURTHER TAKE NOTICE that the grounds of this appeal
are —

[State grounds]

Dated this .............................day of ........................20..........

Attorney for the above-named Appellant.

To : The above-named Respondent.

And to : ...............................................................................his Attorney.

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CIVIL FORM 2 (rule 13 (1))
COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................ No...........

[Specify category of appeal] Side

SUMMONS TO PARTIES BY REGISTRAR TO SETTLE
THE RECORD

BETWEEN

................................................(Plaintiff/Defendant) Appellant(s)

AND

.............................................(Plaintiff/Defendant) Respondent(s)

TAKE NOTICE that all parties concerned are required to attend
before me at the Registry of the Court of Appeal at Nassau on the
day of , 20 at the hour of o'clock in the noon,

(a) to settle the Record of appeal herein;

(b) to fix the amount to be deposited by the appellant (s) or secured
by bond for —

(i) the due prosecution of the appeal; and

(ii) security for costs; and

(c) to fix the time within which —

(i) the record shall be prepared and filed in the Registry by the
appellant; and

(ii) the amount fixed under rule 13(1)(b) must be deposited or
secured by bond.

AND FURTHER TAKE NOTICE that all parties shall submit
on the day appointed a proposed schedule of documents that the party
desires to comprise the record.

AND FURTHER TAKE NOTICE that the matters aforesaid
shall be settled and determined at the above stated time and place, if
only the appellant is present at the appointed time.

AND FURTHER TAKE NOTICE that failure by the appellant
to be present at the appointed time and place may result in the appeal
being dismissed with or without costs.

......................................................................................................

Registrar
To :

CH.52 – 98] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS LRO 1/2008

CIVIL FORM 3 (rule 13(7))
COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................No...........
[Specify category of appeal] Side
NOTICE TO THE PARTIES THAT APPEAL HAS BEEN

DISMISSED
BETWEEN
................................................(Plaintiff/Defendant) Appellant(s)
AND
.............................................(Plaintiff/Defendant) Respondent(s)
TAKE NOTICE that the above-captioned Appeal has been
dismissed either with or without costs by a judge of the court pursuant
to rule *13(1)(a)(iv) or rule *14(1) of the Court of Appeal Rules.
....................................................................................... Registrar
To : The Respondent and Appellant and their Attorneys.
* Delete as applicable.

CIVIL FORM 4 (rule 13 (1))
COMMONWEALTH OF THE BAHAMAS............................20...........
IN THE COURT OF APPEAL ................................................No...........
[Specify category of appeal] Side

NOTICE BY RESPONDENT OF INTENTION TO
CONTEND THAT DECISION OF COURT BELOW BE

VARIED
BETWEEN
................................................(Plaintiff/Defendant) Appellant(s)
AND
.............................................(Plaintiff/Defendant) Respondent(s)
TAKE NOTICE that upon the hearing of the above appeal the
Respondent herein intends to contend that the decision of the (court
below) dated the day of 20 should be varied as follows:
[State the variations which will be asked for].
AND TAKE NOTICE that the grounds on which the
Respondent intends to rely are as follows :
(1) [State grounds ]
(2)
Dated this .................day of ......................... 20.......
Respondent(s)...........................................................................................
To : …………. (Appellant)........….., (his Attorney) and to the Registrar.

COURT OF APPEAL [CH.52– 99






LRO 1/2008 STATUTE LAW OF THE BAHAMAS

CIVIL FORM 5 (rule 22 (1))
COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................ No...........

[Specify category of appeal] Side

NOTICE BY RESPONDENT OF INTENTION TO RELY
UPON PRELIMINARY OBJECTION

BETWEEN

................................................(Plaintiff/Defendant) Appellant(s)

AND

.............................................(Plaintiff/Defendant) Respondent(s)

TAKE NOTICE that the Respondent herein named intends, at
the hearing of this appeal, to rely upon the following preliminary
objection notice whereof is hereby given to you, viz :

[Here state the objections]

AND TAKE NOTICE that the grounds of the said objection are
as follows :

(1) ......................................................................................................

(2) ................................................................................................Etc.

Dated this .......... day of ................................. 20 ....................

.............................................(Plaintiff/Defendant) Respondent(s)

To the above-named (Plaintiff/Defendant)...............................................

Appellant(s)..............................................................................................

And to (his/their) Attorney and to the Registrar.

CIVIL FORM 6 (rule 27(1))

COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................ No...........

[Specify category of appeal] Side

NOTICE OF MOTION

BETWEEN

................................................(Plaintiff/Defendant) Appellant(s)

AND

.............................................(Plaintiff/Defendant) Respondent(s)

CH.52 – 100] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS LRO 1/2008

TAKE NOTICE that the Court of Appeal will be moved so
soon as Counsel can be heard on behalf of the above-named
(Plaintiff/Defendant) Appellant(s) on Appeal from (the whole of) (or
that part of) the judgment (or order) herein of the Honourable Mr.
Justice given (or made) at the trial of this (action) on
the day of 20 whereby it was adjudged (or
ordered) [Here set out the whole or part of the decision complained
about].

For an Order [State precise form of order applied for].

AND FURTHER TAKE NOTICE that the grounds of this
appeal are —

[State grounds]

Dated this .............................day of ........................20..........

Attorney for the above-named Appellant. ................................................

To : The above-named Respondent.

And to ................................................................................. his Attorney.

CIVIL FORM 7 (rule 28 (1))
COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................No...........

[Specify category of appeal] Side

NOTICE OF WITHDRAWAL OF APPEAL

BETWEEN

................................................(Plaintiff/Defendant) Appellant(s)

AND

............................................ (Plaintiff/Defendant) Respondent(s)

TAKE NOTICE that the Appellant(s) herein desire(s) to and
hereby withdraws his/their appeal against (all) the Respondent(s) in the
captioned appeal.

Dated this .............................day of ........................20..........

..................................................................................Appellant(s)

And to .............................................................................. Respondent(s)

Dated this .............................day of ........................20..........



..................................................................................
Registrar

COURT OF APPEAL [CH.52– 101






LRO 1/2008 STATUTE LAW OF THE BAHAMAS

CIVIL FORM 8 (rule 13(3)(b) & 30(4))
COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................ No...........

[Specify category of appeal] Side

BETWEEN

...................................................................................... Appellant

AND

................................................................................... Respondent

BOND FOR DUE PROSECUTION OF APPEAL

WHEREAS judgment was given by the Supreme Court on

the day of 20 in favour of the Respondent and
the Appellant has filed a Notice of Appeal from the said Judgment;

AND WHEREAS it is provided by rule 13(3)(b) that the
appellant shall within such time as the Registrar directs deposit such
sum or enter into such bond as the Registrar shall have fixed;

AND WHEREAS (Name of Bank) at the request of the said
appellant have agreed to enter into this obligation on behalf of the
Appellant and is liable to the Registrar in the sum of dollars ($ ):

NOW the condition of this obligation is such, that if the said
appellant shall fail to duly prosecute the appeal, the said bank shall pay
to the Registrar the aforesaid sum.

Signed, sealed and delivered in the presence of .......................................

Authorized signatory of Bank ........................................................ (Seal)

Dated this .............................day of ........................20..........

BOND FOR SECURITY FOR COSTS
WHEREAS judgment was given by the Supreme Court on

the day of 20 in favour of the Respondent and
the Appellant has filed a Notice of Appeal from the said Judgment;

*AND WHEREAS it is provided by rule 13(3)(b) that the party
appealing shall within such time as the Registrar directs deposit such
sum or enter into such bond as the Registrar shall have fixed;

*AND WHEREAS it is provided by rule 30(4) that a bond with
sureties for securing the costs of an appeal shall be made;



CH.52 – 102] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS LRO 1/2008

AND WHEREAS (Name of Bank) at the request of the said appellant
have agreed to enter into this obligation on behalf of the Appellant and
is liable to the Registrar in the sum of ................. dollars ($ ):

NOW the condition of this obligation is such, that if the Court
orders the payment of costs, the said bank shall pay to the Respondent
such costs which may be ordered to be paid by the appellant.

Signed, sealed and delivered in the presence of .......................................

Authorized signatory of Bank ........................................................ (Seal)

Dated this .............................day of ........................20..........

* Delete as applicable

CIVIL FORM 9 (rule 33)
COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................No...........

[Specify category of appeal] Side



CERTIFICATE OF THE ORDER OF THE COURT

Appeal from the *judgment/award of the of the Court
dated the day of 20 (Delete as applicable)

BETWEEN

................................................(Plaintiff/Defendant) Appellant(s)

AND

............................................ (Plaintiff/Defendant) Respondent(s)

This *appeal/application coming on for hearing on the day
of 20 before the Court of Appeal in the presence of
.............................. for the Appellant(s) and ........ for the Respondent(s).

I HEREBY CERTIFY that an Order was made as follows : ....................

......................................................................................................

Given under my hand and the Seal of the Court

Dated this .............................day of ........................20..........

Registrar
* Delete as applicable

COURT OF APPEAL [CH.52– 103






LRO 1/2008 STATUTE LAW OF THE BAHAMAS

CIVIL FORM 10 (rule 35 (2))
COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................ No...........

[Specify category of appeal] Side

(Name of Party)........................................................................ Appellant

AND

(Name of Party)..................................................................... Respondent

BILL OF COSTS

Item Particulars Disbursements Professional
Charges

Allowed Taxed off

1.

2.



Total Fees and Charges $

Total Fees Taxed off $

Total Fees allowed $



CH.52 – 104] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS LRO 1/2008

APPENDIX B

CRIMINAL FORMS

INDEX TO FORMS

Form
No.

Description of Form

1 Notice of appeal or application for leave to appeal against conviction
or sentence.

2 Notice of application for extension of time within which to appeal.

3 Notice to appellant of a single judge’s decision.

4 Notice of appeal by appellant from refusal of a single judge.

5 Notification to appellant of court’s decision to be present at hearing.

6 Recognizance of appellant sentenced to payment of a fine.

7 Recognizance of sureties for appellant sentenced to a fine.

8 Notice to appellant and surety of estreat of recognizance.

9 Application for bail pending appeal.

10 Recognizance on bail of appellant convicted on indictment.

11 Recognizance of appellant’s sureties.

12 Notice to officer in charge of prison to release appellant on bail.

13 Warrant for arrest of appellant on bail.

14 Notice of abandonment.

15 Notification of abandonment.

16 Notification to the appellant of result of his appeal.

17 Notice to the authorities of result of appeal.

18 Order to witness to attend court for examination.

19 Notice to witness to attend before an examiner.

20 Notice of appeal or application for leave to appeal against conviction
by courts-martial.

21 Notice of application for extension of time within which to appeal
(courts-martial).

22 Notice of motion to appeal against conviction by magistrates’ court.



COURT OF APPEAL [CH.52– 105






LRO 1/2008 STATUTE LAW OF THE BAHAMAS

CRIMINAL FORM 1 (rule 36)
COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................ No...........

[Specify category of appeal] Side

NOTICE OF APPEAL OR APPLICATION FOR LEAVE
TO APPEAL AGAINST CONVICTION OR SENTENCE

TO THE REGISTRAR OF THE COURT OF APPEAL:

Name of Appellant ..................................................................................

Convicted in the Court held at [Place] ....................................................

Offence of which convicted [e.g. Stealing, wounding, etc.] ....................

Sentence ..................................................................................................

Date when convicted ...............................................................................

Date when sentenced ...............................................................................

Address [If in custody state Fox Hill Prison] ..........................................

I, the above-named appellant hereby give you notice that I desire to
appeal to the Court of Appeal against my [conviction/and or sentence]
on the grounds set out on page 2 of this notice.

......................................................................................................

Appellant’s Signature

......................................................................................................

Signature and Address of Witness Attesting Marks

DATED this ................... day of ................................................. 20........

Is any Attorney acting for you ? If so give his name and address : .........

......................................................................................................

CRIMINAL FORM 2 (rule 36)

COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................ No...........

[Specify category of appeal] Side

NOTICE OF APPLICATION FOR EXTENSION OF TIME
WITHIN WHICH TO APPEAL

TO THE REGISTRAR OF THE COURT OF APPEAL

I, ......... ..................................... having been convicted of the offence of

CH.52 – 106] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS LRO 1/2008

.................................................... at the Court held at... ...........................

............................... on the ...... day of .................. 20 ...... and being
now in [State Address or Fox Hill Prison if in custody]
......................................................................... Give you Notice, that I
....................................................................... hereby apply to the Court
of Appeal for an extension of the time within which I may give Notice
of Appeal (or Notice of Application for leave to Appeal), on the
grounds following : [Reasons for delay]

(Signed) ....................................................................................................

DATED this ................... day of ................................................. 20 ........

Form 1 must be filled up and sent with this Notice to the Registrar.

CRIMINAL FORM 3 (rule 46 (1))
COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................No...........

[Specify category of appeal] Side

NOTIFICATION TO APPELLANT OF A SINGLE
JUDGE’S DECISION

THE QUEEN vs.

I hereby give you notice that a judge of the Court of Appeal having
considered your application(s) for —

(a) Leave to appeal;

(b) Extension of the time within which notice of appeal or
application for leave to appeal may be given;

(c) Permission to be present during hearing of any proceedings in
my appeal;

(d) Admission to bail,

has refused the applications(s) marked ...................................................
(and has granted your applications) marked ........................................).

If you desire to have the above-mentioned application(s), which
has/have been refused, determined by the Court, you are required to fill
up the enclosed form and return it to me within five days.

DATED this ................... day of ................................................. 20 ........

(Signed) ....................................................................................................

Registrar
To the above-named ................................................................................



COURT OF APPEAL [CH.52– 107






LRO 1/2008 STATUTE LAW OF THE BAHAMAS

CRIMINAL FORM 4 (rule 46(2))
COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................ No...........

[Specify category of appeal] Side

NOTICE OF APPEAL BY APPELLANT FROM REFUSAL
OF SINGLE JUDGE

THE QUEEN vs

TO THE REGISTRAR OF THE COURT OF APPEAL

I, .................................................having received on the ...... day of
.......................... 20 ...... your notification that my application(s) for —

(a) Leave to appeal;

(b) Extension of the time within which notice of appeal or
application for leave to appeal may be given;

(c) Permission to be present during hearing of any proceedings in
my appeal;

(d) Admission to bail,

has/have been refused:

DO HEREBY GIVE YOU NOTICE that I desire that the said
application(s) shall be considered and determined by the Court (and
that as I am not legally represented I desire to be present at the
determination of my said application(s))(Strike out if you do not desire
to be present).

(Signed)(mark) .........................................................................................

(This notice must be signed by the Appellant. If he cannot write he
must affix his mark in the presence of a witness. The name and address
of such attesting witness must be given) ..................................................

Appellant Signature and address of witness attesting mark. ....................

......................................................................................................

DATED this ................... day of ................................................. 20........

If you desire to state any reason in addition to those set out by you in
your original notice upon which you submit that the Court should grant
your said application(s) you may do so in the space below.

CH.52 – 108] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS LRO 1/2008



CRIMINAL FORM 5 (rule 46(7)
COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................No...........

[Specify category of appeal] Side

NOTIFICATION TO APPELLANT OF COURT’S
DECISION TO BE PRESENT AT HEARING

THE QUEEN vs.

I hereby give you notice that the Court of Appeal having considered
your application to be present at the hearing and determination of the
appeal pursuant to rule 46(7) of the Court of Appeal Rules, has refused
the application.

DATED this ................... day of ................................................. 20 ........

(Signed) ..................................................................................... Registrar

To the above-named .................................................................................

CRIMINAL FORM 6 (rule 49 (2))

COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................No...........

[Specify category of appeal] Side

RECOGNIZANCE OF APPELLANT SENTENCED TO A
FINE

THE QUEEN vs.

WHEREAS ............................................of ...................................... was

(a) on the ..... day of ................. 20 ...... in the Court convicted of
........................ and was thereupon sentenced to pay the sum of $
............................. as a fine for his said offence; and

(b) has intimated to the said Court that he desires to appeal against
the said conviction on a question of law alone.

AND WHEREAS the said Court considers that the said Appellant may
in lieu of payment at and upon his said conviction of the said sum, be
ordered to enter into recognizance of bail himself in the sum of $
................ and with ............ sureties, each in the sum of $ ...................
to prosecute his appeal before the Court of Appeal.

The said .................. hereby acknowledges that he is liable to pay the
said sum of $ ...............

COURT OF APPEAL [CH.52– 109






LRO 1/2008 STATUTE LAW OF THE BAHAMAS

And that his property may be forfeited if he fails to meet the conditions
below.

......................................................................................................

Appellant

Taken and acknowledged this ...... day of .................. before me ...........

......................................................................................................

(Signed)....................................................................................................

CONDITIONS
The Conditions of this recognizance are that the Appellant must:

(1) Duly prosecute the appeal;

(2) Personally attend at the Court of Appeal on every day that the
appeal is being heard;

(3) Not leave or be absent from the Court of Appeal without the
court's permission; and

(4) Pay the said sum of $ ............... or any sum the court may order.

CRIMINAL FORM 7 (rule 49(2))

COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................ No...........

[Specify category of appeal] Side

RECOGNIZANCE OF SURETIES FOR APPELLANT
SENTENCED TO A FINE

On the ....... day of ................................ 20 .......... (name) of
................................................................. (address and occupation) and
...................................... of ..................................... (address and
occupation) personally came before the undersigned and separately
acknowledged themselves to be liable to pay following sums, that is to
say, the said ............................ the sum of $ .............. and the said
................................ the sum of $ .............. and that their property may
be forfeited if the Appellant does not meet the conditions set out
below.

......................................................................................................

(Signed)....................................................................................................

CONDITIONS

The ................................. (Appellant) having been convicted of
....................................... and having been sentenced to pay a fine of $
......................... and having now indicated his desire to appeal on a

CH.52 – 110] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS LRO 1/2008

question of law alone to the Court of Appeal against the said
conviction, and having, in lieu of payment of the said sum $
..........................at his conviction been ordered to enter into
recognizance of bail himself in the sum of $ ................ and with
......................... sureties in the sum of $ ................................. .

The Conditions of this recognizance are that the Appellant must:

(1) Duly prosecute the appeal;

(2) Personally be present at and before the Court of Appeal at each
and every hearing of his appeal;

(3) Not depart or be absent from the Court of Appeal at any such
hearing without the leave of the court; and

(4) Pay the said sum of $ ...................... or any sum the court may
order.

(Signed) ................................................................. ...................................

Surety

(Signed) ................................................................ ....................................

Surety

CRIMINAL FORM 8 (rule 49(3))

COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................No...........

[Specify category of appeal] Side

NOTICE OF ESTREAT OF RECOGNIZANCES

THE QUEEN vs.

To : of

Fill in surety’s name and address

WHEREAS:

(a) you gave recognizance as surety that the said
...................................... (the Appellant) having been convicted of
....................... and fined the sum of $ ................ would duly prosecute
an appeal in relation to that conviction before the Court of Appeal,

(b) the Appellant has not so prosecuted his appeal;

I Hereby Give You Notice that at the sitting of the Court of Appeal on
............................ next your recognizance may be ordered to be
enforced unless you then show good cause to the contrary.

DATED this ................... day of ................................................. 20 ........

(Signed) ..................................................................................Registrar

COURT OF APPEAL [CH.52– 111






LRO 1/2008 STATUTE LAW OF THE BAHAMAS

CRIMINAL FORM 9 (rule 51 (1))
COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................ No...........

[Specify category of appeal] Side

APPLICATION FOR BAIL PENDING APPEAL

TO THE REGISTRAR OF THE COURT OF APPEAL

PART A (To be completed by Applicant)

I ...................................................... of ....................................................
apply for bail.

I was convicted in the Supreme/Magistrate’s Court on the ...... day of
......................................................... 20 .

of the following offence/offences: ..........................................................

and sentenced to: .....................................................................................

Grounds on which this application is made are: ......................................

......................................................................................................

......................................................................................................

I am a citizen of The Bahamas and, before my conviction, resided at:
..................................................................................................................

with ......................................................................................... .................

I am employed at: ................................ ....................................................

The following person/persons are willing to act as surety/sureties for
me

(Name) .....................................................................................................

(Address)..................................................................................................

(Name) .....................................................................................................

(Address)..................................................................................................

DATED this ................... day of ................................................. 20........

(Signature of Applicant)...........................................................................

PART B

(To be completed by Office of Superintendent of Prisons and attached
to prisoner's application) .......................................... Name of Applicant:

Surname ..................................................................................................

First ................................................. Middle ...........................................

CH.52 – 112] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS LRO 1/2008

Date of Birth:

Day .................... Month .............................. Year ..................... Age......

Alias: .....

Particulars of conviction(s) appealed against, including court and
offences: ...................................................................................................

Particulars of Previous Custodial Sentences:

............................. .....................................................................................

........................... .......................................................................................

Date of Conviction:

Day ........... Month ...................... Year ..........

Date of Remand (if different):

Day ........... Month ...................... Year ..........

Date of Last Conviction:

Day ........... Month ...................... Year ..........

HAS BAIL PREVIOUSLY BEEN DENIED: Yes [ ] No [ ]

......................................................................................................

Signature of Inmate

......................................................................................................

Signature of Prison Records Officer

DATED this ................... day of ................................................. 20 ........















COURT OF APPEAL [CH.52– 113






LRO 1/2008 STATUTE LAW OF THE BAHAMAS

CRIMINAL FORM 10 (rule 51(5))
COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................ No...........

[Specify category of appeal] Side

RECOGNIZANCE ON BAIL OF APPELLANT
CONVICTED IN THE SUPREME COURT

THE QUEEN vs.

WHEREAS :

(a) ......................................... (the Appellant) was on the ....... day
of...............................20 ......convicted of ................................. and was
thereupon sentenced to ............................... and now is in lawful
custody in (insert name of prison);

(b) the said Appellant has duly appealed against his conviction (and
sentence) to the Court of Appeal, and has applied to the said Court for
bail pending the determination of his Appeal; and

(c) the said Court has granted the said Appellant bail on entering
into his own recognizances in the sum of $ .................... with
............................................ sureties each in the sum of $ ..................

NOW the said Appellant acknowledges that he is liable to pay the said
sum of $ .................... and that his property may be forfeited if he does
not meet the conditions set out below.

CONDITIONS

The conditions of the recognizance are that the Appellant shall:

(1) Duly prosecute the appeal;

(2) Personally attend at the Court of Appeal on each and every
hearing of his appeal to the Court;

(3) Not depart or be absent from the Court of Appeal without the
leave of the Court and in the meantime shall not depart from his usual
place of abode without the leave of such Court;

(4) Pay the said sum of $ ..................................... or any sum the
court may order.

(Signed).................................................................................... Appellant

Address ....................................................................................................

Taken and acknowledged this day of 20 , at before me.

(Signed)............................................................ ........................................



CH.52 – 114] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS LRO 1/2008

CRIMINAL FORM 11 (rule 51 (5))
COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................No...........

[Specify category of appeal] Side

RECOGNIZANCE OF APPELLANT’S SURETIES

THE QUEEN vs.

On the ...... day of..........................20 , ...................................... (name)
of ............................................................... (address and occupation)
and ............................. of ........................ (address and occupation)
personally came before the undersigned and separately acknowledged
themselves to be liable to pay the following sums, that is to say, the
said .............................. the sum of $ ................ and the said
.......................... the sum of $ .............. and that their property maybe
forfeited if the Appellant does not meet the conditions set out below.

Taken and acknowledged before me the undersigned on the

day of 20

(Signed) ................................................................ ....................................

CONDITIONS

.................................. (the Appellant) having been convicted
of........................... and has duly appealed to the Court of Appeal
against his conviction (and sentence) and having applied to the Court
for bail, pending the determination of his said appeal, has been granted
bail on his entering into recognizances in the sum of $ with
sureties in the sum of $


The Conditions of this recognizance are that the Appellant shall:
(1) Duly prosecute the appeal;
(2) Personally appear and surrender himself at and before the Court
of Appeal at each and every hearing of his appeal to such Court;
(3) Not depart or be absent from the Court of Appeal at any such
hearing without the leave of the Court and in the meantime not depart
from his usual place of abode without leave of such Court;
(4) Pay the said sum of $ ..................................... or any sum the
court may order.
(Signed) ................................................................. ...................................
Surety
(Signed) ................................................................ ....................................
Surety

COURT OF APPEAL [CH.52– 115






LRO 1/2008 STATUTE LAW OF THE BAHAMAS

CRIMINAL FORM 12 (rule 51(6))
COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................ No...........

[Specify category of appeal] Side

NOTICE TO OFFICER IN CHARGE OF PRISON TO
RELEASE APPELLANT ON BAIL

THE QUEEN vs.

To The Superintendent of the Prison at Fox Hill, New Providence.

WHEREAS :

(a) .......................... (the Appellant) was convicted of ......... on the
..............day of ...................................20 ..........(and was thereupon
sentenced to ............................................) and now is in lawful custody
in .................................................................... (address of prison);

(b) the Appellant has duly appealed to the Court of Appeal against
his conviction (and sentence) and having duly applied to the said Court
has been granted bail by the said Court pending the determination of
the appeal;

(c) I, the Registrar of the said Court, understand that the Appellant
is now in your lawful custody in the said prison under the said
conviction and sentence. I have received a recognizance of the
Appellant [and recognizances from sureties for the Appellant], and the
said recognizances are in due form and in compliance with the order of
the Court of Appeal, admitting the Appellant to bail.

NOW I DO GIVE YOU NOTICE that if the Appellant is in your
custody under the said conviction (and sentence) and for no other cause
you shall release him or her on receipt of this notice and this notice
shall be your authority for doing so.

DATED this ................... day of ................................................. 20........

Registrar ...................................................................................................



CRIMINAL FORM 13 (rule 51 (8))

COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................ No...........

[Specify category of appeal] Side

WARRANT FOR ARREST OF APPELLANT ON BAIL

THE QUEEN vs.

To the Constables of the Royal Bahamas Police Force and to the
Superintendent of the Prison at Fox Hill, New Providence

CH.52 – 116] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS LRO 1/2008

WHEREAS ...................................................................... an Appellant
in the Court of Appeal has been released by the said Court on bail, and
it has now been ordered by the said Court that a Warrant be issued for
the apprehension of the said Appellant;

These are therefore to command you the said Constables to
immediately apprehend the Appellant and to bring him to the
Superintendent of the said Prison, and there deliver him with this
warrant into the custody of the said Superintendent and you the said
Superintendent are hereby required to receive the Appellant into your
custody in the said prison and there safely to keep him until further
order of the Court and this shall be your authority for so doing.

(Signed) ....................................................................................................

President/Judge of Appeal.

DATED this ................... day of ................................................. 20 ........



CRIMINAL FORM 14 (rule 52(1))

COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................No...........

[Specify category of appeal] Side

NOTICE OF ABANDONMENT OF APPEAL

THE QUEEN vs.

TO THE REGISTRAR OF THE COURT OF APPEAL

I, ........................................................... having been convicted of
....................................................... in the ................................ Court at
.............................. and having been desirous of appealing to the Court
against my said conviction (or sentence of ...................................passed
upon me on my said conviction) do hereby give you notice that I do
not intend further to prosecute my appeal, but that I hereby abandon all
further proceedings in regard to it as from the date of this notice.

(Signed) ....................................................................................................

(Appellant’s signature or mark)

(This must be signed by the Appellant. If he cannot write he must affix
his mark in the presence of a witness. The name and address of such
attesting witness must be given.)..............................................................

Signature, name and address of witness attesting mark ...........................

DATED this ................... day of ................................................. 20 ........

COURT OF APPEAL [CH.52– 117






LRO 1/2008 STATUTE LAW OF THE BAHAMAS

CRIMINAL FORM 15 (rule 52 (2))
COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................ No...........

[Specify category of appeal] Side

NOTIFICATION OF ABANDONMENT OF APPEAL

THE QUEEN vs.

TO THE ATTORNEY-GENERAL

This is to give you notice that I have this day received from the above-
named ..................................... a notice of abandonment of all
proceedings in regard to his appeal to the Court. The said notice is
dated the .......... day of ............................................. 20 .

By rule 52 (1) of the Court of Appeal Rules, upon the notice of
abandonment being given, the appeal shall be deemed to have been
dismissed by the Court.

DATED this ................... day of ................................................. 20........

Registrar ...................................................................................................

To : The Respondent; Superintendent of Prisons; Registrar, Supreme
Court; Director of Public Prosecutions; Attorney-General (if appeal
involves a sentence of death) ...................................................................



CRIMINAL FORM 16 (rule 55 (1))

COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................ No...........

[Specify category of appeal] Side

NOTIFICATION TO APPELLANT OF RESULT OF HIS
APPEAL

THE QUEEN vs.

To the above-named Appellant

This is to give you notice that the Court, having considered the matter
of your appeal has finally determined the same and has this day given
judgment to the following effect —

[Here set out the decision of the Court].

..................................................................................................................

Registrar ...................................................................................................

DATED this ................... day of ................................................. 20........

CH.52 – 118] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS LRO 1/2008



CRIMINAL FORM 17 (rule 55 (1))

COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................No...........

[Specify category of appeal] Side

NOTICE TO THE AUTHORITIES OF RESULT OF HIS
APPEAL

THE QUEEN vs.

To The Attorney-General

This is to give you notice that the above named having appealed
against his conviction of the offence of ......................before the Court,
and/or the sentence of .............. passed upon him for the offence of
…………………….. by the ............................................. Court, the
Court of Appeal has finally determined the said appeal, and has this
day given judgment therein to the following effect : —

[Here set out the decision of the Court]

OR

This is to give you notice that the above named having appealed
against the order of the Honourable Justice (Name of Judge) in respect
of the following offence(s) of —

(a) Here set out offence(s); etc.

*and the order of the Judge granting ........................... (state particulars
of order)passed upon the Respondent by the ............................. Court for
the said offence(s), The Bahamas Court of appeal has finally
determined the said appeal and has this day given judgment therein to
the effect following:

(Here state Results of Appeal)..................................................................

DATED this ................... day of ................................................. 20 ........

Registrar ...................................................................................................

To : The Superintendent of Prisons; Registrar, Supreme Court;
Director of Public Prosecutions

*The Notice may be modified as necessary.





COURT OF APPEAL [CH.52– 119






LRO 1/2008 STATUTE LAW OF THE BAHAMAS

CRIMINAL FORM 18 (rule 57 (1))
COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................ No...........

[Specify category of appeal] Side

ORDER TO WITNESS TO ATTEND COURT FOR
EXAMINATION

THE QUEEN vs.

To ...................................................................... of .................................

..................................................................................................................

WHEREAS on good cause shown to the Court of Appeal you have
been ordered to attend and be examined as a witness before such Court
upon the appeal of the above-named Appellant.

This is To Give You Notice to attend the said Court on .......... the .....
day of ................................... 20 ..... at the Court of Appeal, Nassau at
.................. o'clock in the ............... noon.

You are also required to have with you at the said time and place any
books, papers or other things relating to the said appeal which you may
have had notice to produce.

DATED this ................... day of ................................................. 20........

Registrar ...................................................................................................



CRIMINAL FORM 19 (rule 57 (6))
COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................ No...........

[Specify category of appeal] Side

NOTICE TO WITNESS TO ATTEND BEFORE AN
EXAMINER

THE QUEEN vs.

To .............. ..............................................................................................

of ............................. ................................................................................

WHEREAS on good cause shown to the Court you have been ordered
to be examined as a witness upon the appeal of the above-named, and
your deposition to be taken for the use of the said Court.

This is to give you notice to attend at [Specify place of examination]
....................... on the .......day of ..................... 20 ..... before [Fill in
examiner’s name] ............................................ at .............................. in
the ..................... noon.

CH.52 – 120] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS LRO 1/2008

You are also required to have with you at the said time and place any
books, papers or other things under your control or in your possession
in any manner relating to the said appeal of which you may have had
notice to produce.

DATED this ................... day of ................................................. 20 ........

Registrar ...................................................................................................



CRIMINAL FORM 20 (rule 59(1))

COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................No...........

[Specify category of appeal] Side

NOTICE OF APPEAL OR APPLICATION FOR LEAVE
TO APPEAL AGAINST CONVICTION BY COURTS-

MARTIAL

TO THE REGISTRAR OF THE COURT OF APPEAL :

Name of Appellant: . ................................................................................

Convicted by Courts-Martial held at [Place]:...........................................

Offence of which convicted [E.g. Stealing, etc.]:.....................................

Sentence: .................................................................................................

Date when convicted:. ..............................................................................

Date when sentenced: ..............................................................................

Date when conviction pronounced: .........................................................

Address: ...................................................................................................

I, the above named Appellant hereby give you notice that I desire to
appeal to the Court of Appeal against my conviction on the following
grounds:

(a) [Grounds of appeal]

(b) (Here set out clearly and concisely the reasons why you
consider your conviction should be quashed)...........................................

Appellant ..................................................................................................

(This notice must be signed by the Appellant or by his representative.
If the Appellant cannot write he must affix his mark in the presence of
a witness. The name and address of such attesting witness must be
given.)

Dated the …………………. day ………………………of 20.…..

COURT OF APPEAL [CH.52– 121






LRO 1/2008 STATUTE LAW OF THE BAHAMAS

Questions [Appellant must answer each of the following]

1. Is counsel and attorney now acting for you ?................................

If yes, give his name and address .............................................................

................................................................................................................ ..

2. Do you desire to apply for leave to call any witnesses on your
appeal ? ...................................................................................................



CRIMINAL FORM 21 (rule 59(1))

COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................ No...........

[Specify category of appeal] Side

NOTICE OF APPLICATION FOR EXTENSION OF TIME
WITHIN WHICH TO APPEAL (COURTS-MARTIAL)

TO THE REGISTRAR OF THE COURT OF APPEAL

I .................................. (Insert name, number, rank and unit) having
been convicted of the offence of [State offence] ............. by the Courts-
Martial held at ............................. and that the said conviction has been
confirmed and promulgated to me on the ..... day of ................... 20 .....
and being now at ..................................... (set out address in full) Give
you Notice, that I hereby apply to the Court for an extension of the
time within which I may give Notice of Appeal (or Notice of
Application for leave to Appeal), on the grounds following: [Set out
reasons for delay].

(Here set out clearly and concisely the reasons for the delay in giving
such notice, and the grounds on which you submit the court should
extend the time.).......................................................................................

(Signed)............................................................ ........................................

Appellant

DATED this ................... day of ................................................. 20........

Form 18 must be filled in and sent with this Notice to the Registrar.



CH.52 – 122] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS LRO 1/2008

CRIMINAL FORM 22 (rule 60(1))
COMMONWEALTH OF THE BAHAMAS............................20...........

IN THE COURT OF APPEAL ................................................No...........

[Specify category of appeal] Side

NOTICE OF MOTION TO APPEAL AGAINST
CONVICTION BY MAGISTRATE’S COURT



TO THE REGISTRAR OF THE COURT OF APPEAL

Name of Appellant : ................................................................................

Convicted by Magistrate’s Court held at : ...............................................

Offence of which convicted : .. ................................................................

Sentence : ... .............................................................................................

Date when convicted :. .............................................................................

Date when sentenced : .. ...........................................................................

Address : ..................................................................................................

I, the above named appellant hereby give you notice that I desire to
appeal to the Court of Appeal against my conviction on the grounds
hereinafter set forth in this notice of motion.

................................. .................................................................................

Appellant

DATED this ................... day of ................................................. 20 ........



Questions Answers





1. Is any counsel and attorney acting for you? .................................

If so, give his name and address ..............................................................

..................................................................................................................

2. Grounds of appeal ........................................................................

COURT OF APPEAL [CH.52– 123






LRO 1/2008 STATUTE LAW OF THE BAHAMAS

APPENDIX C

FEES OF COURT IN CIVIL APPEALS

1. On filing a notice of appeal against a final judgment or
decision, entering the appeal for hearing and on judgment
thereunder, an inclusive fee of ..............................................................

500.00

2. On filing a respondent’s notice of intention to contend that
decision of court below be varied .........................................................

250.00

3. For entering a special case, case stated, point of law or
demurrer for argument, entering same for hearing and on judgment
thereunder, an inclusive fee of ..............................................................

500.00

4. On filing a notice of appeal against an interlocutory order or
decision, entering the appeal for hearing and on judgment
thereunder, an inclusive fee of ..............................................................

500.00

5. On making any application not otherwise specifically
provided for, and for filing judgment or order thereunder an
inclusive fee of .................... .................................................................

200.00

6. On filing a bond for due prosecution of the appeal or to
secure costs of appeal ...........................................................................

100.00

7. On filing a Notice of Change of Attorney ................................. 100.00

8. On filing a Notice of Withdrawal .............................................. 100.00

9. On filing a Notice of Abandonment .......................................... 100.00

10. On filing an Affidavit ................................................................ 100.00

11. On filing a motion for leave to appeal to the Judicial
Committee of the Privy Council ...........................................................

100.00

12. On filing a bond where the appeal is to the Judicial
Committee of the Privy Council ...........................................................

100.00

13. On filing an order for leave to appeal to the Judicial
Committee of the Privy Council ...........................................................

100.00

14. For appointment to settle Record on appeal to the Judicial
Committee of the Privy Council ...........................................................

50.00

15. On sealing record on appeal to the Judicial Committee of the
Privy Council ........................................................................................

100.00

16. On filing a document or exhibit for which no special fee is
provided ................................................................................................

20.00

17. On filing a bill of costs for taxation (including certificate) ....... 100.00

CH.52 – 124] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS LRO 1/2008



18. On certifying a document as an office copy .............................. 50.00

19. If in a foreign language, the actual cost of making and
examining the copy, and, in addition for marking and sealing the
copy as an office copy...........................................................................

50.00

20. For an office copy of a plan, map, section, drawing,
photograph or diagram, the actual cost of making and examining the
copy, and, in addition for marking and sealing the copy as an office
copy

50.00

21. On perusing and allowing a bond by a judge or Registrar ......... 50.00

22. On sealing a Writ of Subpoena not exceeding three persons..... 50.00

23. For a certificate of the Registrar for which no special fee is
provided ................................................................................................

50.00

24. On obtaining an appointment for examination of a witness
before an officer of the court or other person........................................

50.00

25. In respect of every witness examined by an officer or other
person in his office, for each hour or part of an hour ............................

50.00

26. For an examination of witness away from the office of the
examiner — the reasonable traveling and other expenses in addition
to the fee chargeable under Item 24 ......................................................



27. For making a file search............................................................. 20.00

28. For an office copy of any document filed in the Registry per
folio of 100 words, for the first folio.....................................................

2.00

For every other folio or part thereof .......................................... 1.00

29. For an office copy of any document to be included in the
record including the Judge's notes or evidence for each folio...............

2.00
Read Entire Law on laws.bahamas.gov.bs