Rules of the Supreme Court

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1978/1978-0046/RulesoftheSupremeCourt_1.pdf
Published: 1978-07-05

Rules of the Supreme Court
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CHAPTER 53

SUPREME COURT

RULES OF THE SUPREME COURT

ARRANGEMENT OF RULES



PRELIMINARY

ORDER 1
CITATION, APPLICATION, INTERPRETATION AND FORMS


Rule 1. Citation.
Rule 2. Application.
Rule 3. Application of Interpretation and General Clauses Act.
Rule 4. Definitions.
Rule 5. Construction of references to Orders, rules, etc.
Rule 6. Construction of references to action, etc., for possession of land.
Rule 7. Forms.

ORDER 2
EFFECT OF NON-COMPLIANCE


Rule 1. Non-compliance with rules.
Rule 2. Application to set aside for irregularity.

ORDER 3
TIME


Rule 1. “Month” means calendar month.
Rule 2. Reckoning periods of time.
Rule 3. Time expires on Sunday, etc.
Rule 4. Extension, etc., of time.
Rule 5. Notice of intention to proceed after year’s delay.


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COMMENCEMENT AND PROGRESS OF PROCEEDINGS

ORDER 4
CONSOLIDATION OF PROCEEDINGS


Rule 1. Consolidation, etc., of causes or matters.

ORDER 5
MODE OF BEGINNING CIVIL PROCEEDINGS IN SUPREME

COURT

Rule 1. Mode of beginning civil proceedings.
Rule 2. Proceedings which must be begun by writ.
Rule 3. Proceedings which must be begun by originating summons.
Rule 4. Proceedings which may be begun by writ or originating summons.
Rule 5. Proceedings to be begun by motion or petition.
Rule 6. Right to sue in person.

ORDER 6
WRITS OF SUMMONS: GENERAL PROVISIONS


Rule 1. Form of Writ.
Rule 2. Indorsement of claim.
Rule 3. Indorsement as to capacity.
Rule 4. Indorsement as to attorney and address.
Rule 5. Concurrent writ.
Rule 6. Issue of writ.
Rule 7. Duration and renewal of writ.

ORDER 7
ORIGINATING SUMMONSES: GENERAL PROVISIONS


Rule 1. Application.
Rule 2. Form of summons, etc.
Rule 3. Contents of summons.
Rule 4. Concurrent summons.
Rule 5. Issue of summons.
Rule 6. Duration and renewal of summons.
Rule 7. Ex parte originating summonses.

ORDER 8
ORIGINATING AND OTHER MOTIONS: GENERAL

PROVISIONS

Rule 1. Application.
Rule 2. Notice of motion.
Rule 3. Form and issue of notice of motion.

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Rule 4. Service of notice of motion with writ, etc.
Rule 5. Adjournment of hearing.

ORDER 9
PETITIONS: GENERAL PROVISIONS


Rule 1. Application.
Rule 2. Contents of petition.
Rule 3. Presentation of petition.
Rule 4. Fixing time for hearing petition.
Rule 5. Certain applications not to be made by petition.

ORDER 10
SERVICE OR ORIGINATING PROCESS: GENERAL

PROVISIONS

Rule 1. General provisions.
Rule 2. Service of writ on agent of overseas principal.
Rule 3. Service of writ in pursuance of contract.
Rule 4. Service of writ in certain actions for possession of land.
Rule 5. Service of originating summons, petition and notice of motion.

ORDER 11
SERVICE OF PROCESS, ETC., OUT OF THE JURISDICTION


Rule 1. Principal cases in which service of writ out of jurisdiction is

permissible.
Rule 2. Service out of jurisdiction in certain actions of contract.
Rule 3. Leave for service of notice of writ.
Rule 4. Application for, and grant of, leave to serve writ out of jurisdiction.
Rule 5. Service of writ or notice of writ abroad: general provisions.
Rule 6. Service of notice of writ abroad through foreign governments,

judicial authorities and British consuls.
Rule 7. Undertaking to pay expenses of service by Minister.
Rule 8. Service of originating summons, petition, notice of motion, etc.

ORDER 12
ENTRY OF APPEARANCE TO WRIT OR ORIGINATING

SUMMONS

Rule 1. Mode of entering appearance.
Rule 2. Memorandum of appearance.
Rule 3. Procedure on receipt of requisite documents.
Rule 4. Time limited for appearing.
Rule 5. Late appearance.
Rule 6. Conditional appearance.
Rule 7. Application to set aside writ, etc.

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Rule 8. Appearance to originating summons.
ORDER 13

DEFAULT OF APPEARANCE TO WRIT

Rule 1. Claim for liquidated demand.
Rule 2. Claim for unliquidated damages.
Rule 3. Claim in detinue.
Rule 4. Claim for possession of land.
Rule 5. Mixed claims.
Rule 6. Other claims.
Rule 7. Proof of service of writ.
Rule 8. Setting aside judgment.

ORDER 14
SUMMARY JUDGMENT


Rule 1. Application by plaintiff for summary judgment.
Rule 2. Manner in which application under rule 1 must be made.
Rule 3. Judgment for plaintiff.
Rule 4. Leave to defend.
Rule 5. Application for summary judgment on counterclaim.
Rule 6. Directions.
Rule 7. Costs.
Rule 8. Right to proceed with residue of action or counterclaim.
Rule 9. Judgment for delivery up of chattel.
Rule 10. Relief against forfeiture.
Rule 11. Setting aside judgment.

ORDER 15
CAUSES OF ACTION, COUNTERCLAIMS AND PARTIES


Rule 1. Joinder of causes of action.
Rule 2. Counterclaim against plaintiff.
Rule 3. Counterclaim against additional parties.
Rule 4. Joinder of parties.
Rule 5. Court may order separate trials, etc.
Rule 6. Misjoinder and non-joinder of parties.
Rule 7. Proceedings against estates.
Rule 8. Change of parties by reason of death, etc.
Rule 9. Provisions consequential on making of order under rule 6 or 8.
Rule 10. Failure to proceed after death of party.
Rule 11. Actions for possession of land.
Rule 12. Relator actions.
Rule 13. Representative proceedings.
Rule 14. Representation of interested persons who cannot be ascertained.

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Rule 15. Representation of beneficiaries by trustees, etc.
Rule 16. Representation of deceased person interested in proceedings.
Rule 17. Declaratory judgment.
Rule 18. Conduct of proceedings.

ORDER 16
THIRD PARTY AND SIMILAR PROCEEDINGS


Rule 1. Third party notice.
Rule 2. Application for leave to issue third party notice.
Rule 3. Issue and service of, and entry of appearance to, third party notice.
Rule 4. Third party directions.
Rule 5. Default of third party.
Rule 6. Setting aside third party proceedings.
Rule 7. Judgment between defendant and third party.
Rule 8. Claims and issues between a defendant and some other party.
Rule 9. Claims by third and subsequent parties.
Rule 10. Offer of contribution.
Rule 11. Counterclaim by defendant.

ORDER 17
INTERPLEADER


Rule 1. Entitlement to relief by way of interpleader.
Rule 2. Claim to goods, etc., taken in execution.
Rule 3. Mode of application.
Rule 4. To whom bailiff may apply for relief.
Rule 5. Powers of Court hearing summons.
Rule 6. Power to order sale of goods taken in execution.
Rule 7. Power to stay proceedings.
Rule 8. Other powers.
Rule 9. One order in several causes or matters.
Rule 10. Discovery.
Rule 11. Trial of interpleader issue.

ORDER 18
PLEADINGS


Rule 1. Service of statement of claim.
Rule 2. Service of defence.
Rule 3. Service of reply and defence to counterclaim.
Rule 4. Pleadings subsequent to reply.
Rule 5. Pleadings: formal requirements.
Rule 6. Facts, not evidence, to be pleaded.
Rule 7. Conviction, etc., to be adduced in evidence: matters to be pleaded.
Rule 8. Matters which must be specifically pleaded.

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Rule 9. Matter may be pleaded whenever arising.
Rule 10. Departure.
Rule 11. Points of law may be pleaded.
Rule 12. Particulars of pleading.
Rule 13. Admissions and denials.
Rule 14. Denial by joinder of issue.
Rule 15. Statement of claim.
Rule 16. Defence of tender.
Rule 17. Defence of set-off.
Rule 18. Counterclaim and defence to counterclaim.
Rule 19. Striking out pleading and indorsements.
Rule 20. Close of pleadings.
Rule 21. Trial without pleadings.
Rule 22. Saving for defence under Merchant Shipping Act.

ORDER 19
DEFAULT OF PLEADINGS


Rule 1. Default in service of statement of claim.
Rule 2. Default of defence: claim for liquidated demand.
Rule 3. Default of defence: claim for unliquidated damages.
Rule 4. Default of defence: claim in detinue.
Rule 5. Default of defence: claim for possession of land.
Rule 6. Default of defence: mixed claims.
Rule 7. Default of defence: other claims.
Rule 8. Default of defence to counterclaim.
Rule 9. Setting aside judgment.

ORDER 20
AMENDMENT


Rule 1. Amendment of writ without leave.
Rule 2. Amendment of appearance.
Rule 3. Amendment of pleadings without leave.
Rule 4. Application for disallowance of amendment made without leave.
Rule 5. Amendment of writ or pleading with leave.
Rule 6. Amendment of other originating process.
Rule 7. Amendment of certain other documents.
Rule 8. Failure to amend after order.
Rule 9. Mode of amendment of writ, etc.
Rule 10. Amendment of judgments and orders.





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ORDER 21
WITHDRAWAL AND DISCONTINUANCE


Rule 1. Withdrawal of appearance.
Rule 2. Discontinuance of action, etc., without leave.
Rule 3. Discontinuance of action, etc., with leave.
Rule 4. Effect of discontinuance.
Rule 5. Stay of subsequent action until costs paid.
Rule 6. Withdrawal of summons.

ORDER 22
PAYMENT INTO AND OUT OF COURT


Rule 1. Payment into court.
Rule 2. Payment in by defendant who has counterclaimed.
Rule 3. Acceptance of money paid into court.
Rule 4. Order for payment out of money accepted required in certain cases.
Rule 5. Money remaining in court.
Rule 6. Counterclaim.
Rule 7. Non-disclosure of payment into court.
Rule 8. Money paid into court under order.
Rule 9. Payment out of money paid into court under Exchange Control

Regulations.
Rule 10. Person to whom payment to be made.
Rule 11. Payment out: small intestate estates.
Rule 12. Payment of hospital expenses.
Rule 13. Investment of money in court.

ORDER 23
SECURITY FOR COSTS


Rule 1. Security for costs of action, etc.
Rule 2. Manner of giving security.
Rule 3. Saving for enactments.

ORDER 24
DISCOVERY AND INSPECTION OF DOCUMENTS


Rule 1. Mutual discovery of documents.
Rule 2. Discovery by parties without order.
Rule 3. Order for discovery.
Rule 4. Order for determination of issue, etc., before discovery.
Rule 5. Form of list and affidavit.
Rule 6. Defendant entitled to copy of co-defendant’s list.
Rule 7. Order for discovery of particular documents.
Rule 8. Discovery to be ordered only if necessary.

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Rule 9. Inspection of documents referred to in list.
Rule 10. Inspection of documents referred to in pleadings and affidavits.
Rule 11. Order for production for inspection.
Rule 12. Order for production to Court.
Rule 13. Production to be ordered only if necessary, etc.
Rule 14. Production of business books.
Rule 15. Document disclosure of which would be injurious to public

interest: saving.
Rule 16. Failure to comply with requirement for discovery, etc.
Rule 17. Revocation and variation of orders.

ORDER 25
SUMMONS FOR DIRECTIONS


Rule 1. Summons for directions.
Rule 2. Duty to consider all matters.
Rule 3. Particular matters for consideration.
Rule 4. Admissions and agreements to be made.
Rule 5. Limitation of right of appeal.
Rule 6. Duty to give all information at hearing.
Rule 7. Duty to make all interlocutory applications on summons for

directions.
ORDER 26

INTERROGATORIES

Rule 1. Discovery of interrogatories.
Rule 2. Interrogatories where party is a body of persons.
Rule 3. Statement as to party, etc., required to answer.
Rule 4. Objection to answer on ground of privilege.
Rule 5. Insufficient answer.
Rule 6. Failure to comply with order.
Rule 7. Use of answers to interrogatories at trial.
Rule 8. Revocation and variation of orders.

ORDER 27
ADMISSIONS


Rule 1. Admission of case of other party.
Rule 2. Notice to admit facts.
Rule 3. Judgment on admissions of facts.
Rule 4. Admission and production of documents specified in list of

documents.
Rule 5. Notices to admit or produce documents.





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ORDER 28
ORIGINATING SUMMONS PROCEDURE


Rule 1. Application.
Rule 2. Fixing time for attendance of parties before Court.
Rule 3. Notice of first hearing, etc.
Rule 4. Directions, etc., by Court.
Rule 5. Adjournment of summons.
Rule 6. Application affecting party in default of appearance.
Rule 7. Counterclaim by defendant.
Rule 8. Continuation of proceedings as if cause or matter begun by writ.
Rule 9. Order for hearing or trial.
Rule 10. Failure to prosecute proceedings with despatch.
Rule 11. Abatement, etc., of action.

ORDER 29
INTERLOCUTORY INJUNCTIONS, INTERIM

PRESERVATION OF PROPERTY, INTERIM PAYMENTS, ETC.


I. Interlocutory injunctions, interim preservation of property, etc.


Rule 1. Application for injunction.
Rule 2. Detention, preservation, etc., of subject-matter of cause or matter.
Rule 3. Power to order samples to be taken, etc.
Rule 4. Sale of perishable property, etc.
Rule 5. Order for early trial.
Rule 6. Recovery of personal property subject to lien, etc.
Rule 7. Directions.
Rule 8. Allowance of income of property pendente lite.


II. Interim Payments


Rule 9. Interpretation of Part II.
Rule 10. Application for interim payment.
Rule 11. Manner in which application under rule 10 must be made.
Rule 12. Order for interim payment.
Rule 13. Directions on application under rule 10.
Rule 14. Non-disclosure of order for interim payment.
Rule 15. Payment into court.
Rule 16. Adjustment on final judgment or order.
Rule 17. Interim order on counterclaim.





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ORDER 30
RECEIVERS


Rule 1. Application for receiver and injunction.
Rule 2. Giving of security by receiver.
Rule 3. Remuneration of receiver.
Rule 4. Receiver’s accounts.
Rule 5. Payment of balance, etc., by receiver.
Rule 6. Default by receiver.

ORDER 31
SALES, ETC., OF LAND BY ORDER OF COURT:
CONVEYANCING COUNSEL OF THE COURT



I. Sales, etc., of Land by Order of Court


Rule 1. Power to order sale of land.
Rule 2. Manner of carrying out sale.
Rule 3. Certifying result of sale.
Rule 4. Mortgage, exchange or partition under order of the Court.


II. Conveyancing Counsel of the Court


Rule 5. Reference of matters to conveyancing counsel of court.
Rule 6. Objection to conveyancing counsel’s opinion.
Rule 7. Distribution of references among conveyancing counsel.
Rule 8. Obtaining counsel’s opinion on reference.

ORDER 31A
CASE MANAGEMENT BY COURT

PART I OBJECTIVE
Rule 1. Court’s duty to actively manage cases.

PART II DISPUTE RESOLUTION CONFERENCE
Rule 2. Dispute resolution conference.
Rule 3. Person conducting conference.
Rule 4. Procedure for dispute resolu-tion conference.
Rule 5. Confidentiality.
Rule 6. Notice of settlement.

PART III CASE MANAGEMENT CONFERENCE PROCEDURE
Rule 7. Notice of settlement.
Rule 8. Case management conference.
Rule 9. Dispensing with case management conference.
Rule 10. Small money claims.
Rule 11. Application for summary judgment.
Rule 12. Attendance at case management conference or pre-trial review.
Rule 13. Orders to be made at case management conference.
Rule 14. Adjournment of case management conference.
Rule 15. Variation of case management timetable.
Rule 16. Listing questionnaire.

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Rule 17. Fixing trial date.
PART IV POWERS OF THE COURT

Rule 18. Court’s powers.
Rule 19. Court’s power to make orders of its own initiative.
Rule 20. Grounds for striking out pleading.
Rule 21. Court’s power to strike out pleading.
Rule 22. Judgment without trial after striking out.
Rule 23. Setting aside judgment entered after striking out.
Rule 24. Sanctions to have effect unless defaulting party obtains relief.
Rule 25. Application for relief from sanctions.
Rule 26. General power of the Court to rectify matters where there has been a

procedural error.
PART V PRE-TRIAL REVIEW

Rule 27. Scope of this Part.
Rule 28. Direction for pre-trial review.
Rule 29. Parties to prepare pre-trial memorandum.
Rule 30. Directions at pre-trial review.

PART VI MISCELLANEOUS
Rule 31. Rules to prevail.
SCHEDULE

ORDER 32
APPLICATIONS AND PROCEEDINGS IN CHAMBERS


Rule 1. Mode of making application.
Rule 2. Issue of summons.
Rule 3. Service of summons.
Rule 4. Adjournment of hearing.
Rule 5. Proceeding in absence of party failing to attend.
Rule 6. Order made ex parte may be set aside.
Rule 7. Subpoena for attendance of witness.
Rule 8. Registrar and certain clerks may administer oaths, etc.
Rule 9. Application for leave to institute certain proceedings.
Rule 10. Application to make order of Her Majesty’s Privy Council order of

Supreme Court.
Rule 11. Jurisdiction of Registrar.
Rule 12. Reference of matter to judge.
Rule 13. Power to direct hearing in court.

ORDER 33
PLACE AND MODE OF TRIAL


Rule 1. Place of trial.
Rule 2. Mode of trial.
Rule 3. Time, etc., of trial of questions or issues.
Rule 4. Determining the place and mode of trial.
Rule 5. Trial with assistance of assessors.
Rule 6. Dismissal of action, etc., after decision of preliminary issue.

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ORDER 34
SETTING DOWN FOR TRIAL ACTION BEGUN BY WRIT


Rule 1. Application and interpretation.
Rule 2. Time for setting down action.
Rule 3. Lodging documents when setting down.
Rule 4. Directions relating to lists.
Rule 5. Further provisions as to lists.
Rule 6. Notification of setting down.
Rule 7. Abatement, etc., of action.



ORDER 35
PROCEEDINGS AT TRIAL


Rule 1. Failure to appear by both parties or one of them.
Rule 2. Judgment, etc., given in absence of party may be set aside.
Rule 3. Adjournment of trial.
Rule 4. Order of speeches.
Rule 5. Inspection by judge or jury.
Rule 6. Death of party before giving a judgment.
Rule 7. List of exhibits.
Rule 8. Custody of exhibit after trial.
Rule 9. Impounded documents.

ORDER 36
TRIALS BEFORE, AND INQUIRIES BY, THE REGISTRAR


Rule 1. Power to order trial before the Registrar.
Rule 2. Powers, etc., of Registrar.

ORDER 37
ASSESSMENT OF DAMAGES


Rule 1. Assessment of damages by the Registrar.
Rule 2. Certificate of amount of damages.
Rule 3. Default judgment against some but not all defendants.
Rule 4. Power to order assessment at trial.
Rule 5. Assessment of value.
Rule 6. Assessment of damages to time of assessment.









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ORDER 38
EVIDENCE



I. General Rules


Rule 1. General rule: witnesses to be examined orally.
Rule 2. Evidence by affidavit.
Rule 3. Evidence of particular facts.
Rule 4. Limitation of expert evidence.
Rule 5. Limitation of plans, etc., in evidence.
Rule 6. Revocation or variation of orders under rules 2 to 5.
Rule 7. Expert evidence in action arising out of accident.
Rule 8. Application to trials of issues, references, etc.
Rule 9. Depositions: when receivable in evidence at trial.
Rule 10. Court documents admissible or receivable in evidence.
Rule 11. Evidence of consent of new trustee to act.
Rule 12. Evidence at trial may be used in subsequent proceedings.
Rule 13. Order to produce document at proceeding other than trial.


II. Writs of Subpoena

Rule 14. Form and issue of writ of subpoena.
Rule 15. More than one name may be included in one writ of subpoena.
Rule 16. Amendment of writ of subpoena.
Rule 17. Service of writ of subpoena.
Rule 18. Duration of writ of subpoena.



III. Hearsay Evidence


Rule 19. Interpretation and application.
Rule 20. Notice of intention to give certain statements in evidence.
Rule 21. Statement admissible by virtue of section 2 of the Civil Evidence

Act of England: contents of notice.
Rule 22. Statement admissible by virtue of section 4 of the Act: contents of

notice.
Rule 23. Statement admissible by virtue of section 5 of the Act: contents of

notice.
Rule 24. Reasons for not calling a person as a witness.
Rule 25. Counter-notice requiring person to be called as a witness.
Rule 26. Determination of question whether person can or should be called

as a witness.
Rule 27. Directions with respect to statement made in previous proceedings.
Rule 28. Power of Court to allow statement to be given in evidence.

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Rule 29. Restriction on adducing evidence as to credibility of maker, etc., of
certain statements.

Rule 30. Notice required of intention to give evidence of certain inconsistent
statements.

Rule 31. Costs.
Rule 32. Certain powers exercisable in chambers.



IV. Expert Evidence


Rule 33. Interpretation.
Rule 34. Restrictions on adducing expert evidence.
Rule 35. Medical evidence in actions for personal injuries.
Rule 36. Other expert evidence.
Rule 37. Disclosure of part of expert evidence.
Rule 38. Expert evidence of engineers in accident cases.
Rule 39. Expert evidence contained in statement.
Rule 40. Putting in evidence expert report disclosed by another party.
Rule 41. Time for putting expert report in evidence.
Rule 42. Revocation and variation of directions.

ORDER 39
EVIDENCE BY DEPOSITION: EXAMINERS OF THE COURT


Rule 1. Power to order depositions to be taken.
Rule 2. Where person to be examined is out of the jurisdiction.
Rule 3. Order for issue of letter of request.
Rule 4. Enforcing attendance of witness at examination.
Rule 5. Refusal of witness to attend, be sworn, etc.
Rule 6. Appointment of time and place for examination.
Rule 7. Examiner to have certain documents.
Rule 8. Conduct of examination.
Rule 9. Examination of additional witnesses.
Rule 10. Objection to questions.
Rule 11. Taking of depositions.
Rule 12. Time taken by examination to be indorsed on depositions.
Rule 13. Special report by examiner.
Rule 14. Order for payment of examiner’s fees.
Rule 15. Perpetuation of testimony.
Rule 16. Examiners of the Court.
Rule 17. Assignment of examinations to examiners of the Court.
Rule 18. Obtaining assignment of examiner of the Court.
Rule 19. Fees and expenses of examiners of the Court.

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ORDER 40
COURT EXPERT


Rule 1. Appointment of expert to report on certain questions.
Rule 2. Report of court expert.
Rule 3. Experiments and tests.
Rule 4. Cross-examination of court expert.
Rule 5. Remuneration of the court expert.
Rule 6. Calling of expert witnesses.

ORDER 41
AFFIDAVITS


Rule 1. Form of affidavit.
Rule 2. Affidavit by two or more deponents.
Rule 3. Affidavit by illiterate or blind person.
Rule 4. Use of defective affidavit.
Rule 5. Contents of affidavit.
Rule 6. Scandalous, etc., matter in affidavit.
Rule 7. Alterations in affidavits.
Rule 8. Filing of affidavits.
Rule 9. Use of original affidavit or office copy.
Rule 10. Documents to be used in conjunction with affidavit to be exhibited

to it.
Rule 11. Affidavit taken in Commonwealth and other countries.

ORDER 42
JUDGMENTS AND ORDERS


Rule 1. Form of judgment, etc.
Rule 2. Judgment, etc., requiring act to be done: time for doing it.
Rule 3. Date from which judgment or order takes effect.
Rule 4. Orders required to be drawn up.
Rule 5. Drawing up and entry of judgments and orders.

ORDER 43
ACCOUNTS AND INQUIRIES


Rule 1. Summary order for account.
Rule 2. Court may direct taking of accounts, etc.
Rule 3. Directions as to manner of taking account.
Rule 4. Account to be made, verified, etc.
Rule 5. Notice to be given of alleged omissions, etc., in account.
Rule 6. Allowances.
Rule 7. Delay in prosecution of accounts, etc.
Rule 8. Distribution of fund before all persons entitled are ascertained.

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Rule 9. Guardian’s accounts.
ORDER 44

PROCEEDING UNDER JUDGMENTS AND ORDERS: EQUITY
SIDE


Rule 1. Application to proceedings under an order.
Rule 2. Documents to be left at chambers: summons to proceed.
Rule 3. Service of notice of judgment on person not a party.
Rule 4. Directions by Court.
Rule 5. Court may require parties to be represented by the same attorney.
Rule 6. Court may require parties to be represented by different attorneys.
Rule 7. Leave to attend proceedings, etc.
Rule 8. Judgment requiring deed to be settled by court: directions.
Rule 9. Application of rules 10 to 17.
Rule 10. Advertisements for creditors and other claimants.
Rule 11. Failure to claim within specified time.
Rule 12. Examination, etc. of claims.
Rule 13. Adjudication on claims.
Rule 14. Adjournment of adjudication.
Rule 15. Service of notice of judgment on certain claimants.
Rule 16. Notice, etc., of claims allowed.
Rule 17. Service of notices.
Rule 18. Interest on debts.
Rule 19. Interest on legacies.
Rule 20. Determination by judge of question arising before Registrar.
Rule 21. Registrar’s certificate.
Rule 22. Settling and filing of Registrar’s Certificate.
Rule 23. Discharge or variation of Registrar’s Certificate.
Rule 24. Further consideration of cause or matter in chambers.
Rule 25. Further consideration of cause or matter in court.

ORDER 45
ENFORCEMENT OF JUDGMENTS AND ORDERS: GENERAL


Rule 1. Enforcement of judgment, etc., for payment of money.
Rule 2. Judgment, etc., for payment of money to person resident outside

the scheduled territories.
Rule 3. Enforcement of judgment for possession of land.
Rule 4. Enforcement of judgment for delivery of goods.
Rule 5. Enforcement of judgment to do or abstain from doing any act.
Rule 6. Judgment, etc., requiring act to be done: order fixing time for doing

it.
Rule 7. Service of copy of judgment, etc., prerequisite to enforcement

under r. 5.

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Rule 8. Court may order act to be done at expense of disobedient party.
Rule 9. Execution by or against person not being a party.
Rule 10. Conditional judgment: waiver.
Rule 11. Matters occurring after judgment: stay of execution, etc.
Rule 12. Forms of writs.
Rule 13. Enforcement of judgments and orders for recovery of money, etc.

ORDER 46
WRITS OF EXECUTION: GENERAL


Rule 1. Definition.
Rule 2. When leave to issue any writ of execution is necessary.
Rule 3. Leave required for issue of writ in aid of other writ.
Rule 4. Application for leave to issue writ.
Rule 5. Application for leave to issue writ of sequestration.
Rule 6. Issue of writ of execution.
Rule 7. Writ and praecipe where Exchange Control Act (Ch. 360), and

Regulations apply.
Rule 8. Duration and renewal of writ of execution.
Rule 9. Return to writ of execution.

ORDER 47
WRITS OF FIERI FACIAS


Rule 1. Power to stay execution by writ of fieri facias.
Rule 2. Separate writs to enforce payment of costs, etc.
Rule 3. No expenses of execution in certain cases.
Rule 4. Order for sale otherwise than by auction.

ORDER 48
EXAMINATION OF JUDGMENT DEBTOR, ETC.


Rule 1. Order for examination of judgment debtor.
Rule 2. Examination of party liable to satisfy other judgment.
Rule 3. The Registrar to make record of debtor’s statement.

ORDER 49
GARNISHEE PROCEEDINGS


Rule 1. Attachment of debt due to judgment debtor.
Rule 2. Application for order.
Rule 3. Service and effect of order to show cause.
Rule 4. No appearance or dispute of liability by garnishee.
Rule 5. Dispute of liability by garnishee.
Rule 6. Claims of third persons.
Rule 7. Judgment creditor resident outside scheduled territories.
Rule 8. Discharge of garnishee.

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Rule 9. Money in court.
Rule 10. Costs.

ORDER 50
CHARGING ORDERS, STOP ORDERS, ETC.


Rule 1. Order imposing charge on securities.
Rule 2. Application for order under r. 1.
Rule 3. Service of notice of order to show cause.
Rule 4. Effect of order to show cause.
Rule 5. Making and effect of charging order absolute.
Rule 6. Discharge, etc., of charging order.
Rule 7. Money in court: charging order.
Rule 8. Jurisdiction of Registrar to grant injunction or appoint receiver to

enforce charge.
Rule 9. Funds in court: stop order.
Rule 10. Securities not in court: stop notice.
Rule 11. Effect of stop notice.
Rule 12. Amendment of stop notice.
Rule 13. Withdrawal, etc. of stop notice.
Rule 14. Order prohibiting transfer, etc., of securities.

ORDER 51
RECEIVERS: EQUITABLE EXECUTION


Rule 1. Appointment of receiver by way of equitable execution.
Rule 2. Application of rules as to appointment of receiver, etc.

ORDER 52
COMMITTAL


Rule 1. Committal for contempt of court.
Rule 2. Application to Supreme Court.
Rule 3. Application for order after leave to apply granted.
Rule 4. Saving for power to commit without application for purpose.
Rule 5. Provisions as to hearing.
Rule 6. Power to suspend execution of committal order.
Rule 7. Discharge of person committed.
Rule 8. Saving for other powers.

ORDER 53
JUDICIAL ORDER


Rule 1. Cases appropriate for application for judicial review.
Rule 2. Joinder of claims for relief.
Rule 3. Grant of leave to apply for judicial review.
Rule 4. Delay in applying for relief.

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STATUTE LAW OF THE BAHAMAS LRO 1/2006

Rule 5. Mode of applying for judicial review.
Rule 6. Statements and affidavits.
Rule 7. Claim for damages.
Rule 8. Application for discovery, interrogatories, cross-examinations, etc.
Rule 9. Hearing of application for judicial review.
Rule 10. Appeal form Judge’s order.
Rule 11. Meaning of Court.

ORDER 54
APPLICATION FOR WRIT OF HABEAS CORPUS


Rule 1. Application for writ of habeas corpus ad subjiciendum.
Rule 2. Power of court to whom ex parte application made.
Rule 3. Copies of affidavits to be supplied.
Rule 4. Power to order release of person restrained.
Rule 5. Directions as to return to writ.
Rule 6. Service of writ and notice.
Rule 7. Return to the writ.
Rule 8. Procedure at hearing of writ.
Rule 9. Bringing up prisoner to give evidence etc.
Rule 10. Form of writ.

ORDER 55
APPEALS TO SUPREME COURT FROM COURT, TRIBUNAL

OR PERSON: GENERAL

Rule 1. Application.
Rule 2. Court to hear appeal.
Rule 3. Bringing of appeal.
Rule 4. Service of notice of motion and entry of appeal.
Rule 5. Date of hearing appeal.
Rule 6. Amendment of grounds of appeal, etc.
Rule 7. Powers of Court hearing appeal.
Rule 8. Right of Minister, etc., to appear and be heard.

ORDER 56
APPEALS, ETC., TO SUPREME COURT BY CASE STATED:
APPEAL FROM MAGISTRATE'S COURT BY CASE STATED


Rule 1. General.
Rule 2. Form of case.
Rule 3. Notice of entry of appeal.
Rule 4. Appeals relating to affiliation proceedings.
Rule 5. Case stated by Ministers, tribunal, etc.
Rule 6. Application for order to state a case.
Rule 7. Signing and service of case.

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Rule 8. Proceedings for determination of case.
Rule 9. Amendment of case.
Rule 10. Right of Minister to appear and be heard.

ORDER 57
COURT PROCEEDINGS: SUPPLEMENTARY PROVISIONS


Rule 1. Application.
Rule 2. Entry of motions.
Rule 3. Filing of affidavits and drawing up of orders.

ORDER 58
APPEALS FROM THE REGISTRAR


Rule 1. Appeals from certain decisions of the Registrar, etc., to judge in

chambers.
ORDER 59

COSTS
Preliminary

Rule 1. Interpretation.
Rule 2. Application.

Entitlement to Costs

Rule 3. When costs to follow the event.
Rule 4. Stage of proceedings at which costs to be dealt with.
Rule 5. Special matters to be taken into account in exercising discretion.
Rule 6. Restriction of discretion to order costs.
Rule 7. Costs arising from misconduct or negligence.
Rule 8. Personal liability of attorney for costs.
Rule 9. Fractional or gross sum in place of taxed costs.
Rule 10. When a party may sign judgment for costs without an order.
Rule 11. When order for taxation of costs not required.
Rule 12. Powers of the Registrar to tax costs.
Rule 13. Supplementary powers of the Registrar.
Rule 14. Extension, etc., of time.
Rule 15. Interim certificates.
Rule 16. Power of Registrar where party liable to be paid and to pay costs.
Rule 17. Taxation of bill of costs comprised in account.
Rule 18. Registrar to fix certain fees payable to conveyancing counsel, etc.

Procedure on Taxation

Rule 19. Mode of beginning proceedings for taxation.
Rule 20. Notification of time appointed for taxation.
Rule 21. Delivery of bills, etc.
Rule 22. Short and urgent taxation proceedings.
Rule 23. Provisions as to bills of costs.

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Rule 24. Provisions as to taxation proceedings.
Rule 25. Powers of Registrar taxing costs payable out of fund.

Assessment of Costs

Rule 26. Costs payable to one party by another or out of a fund.
Rule 27. Costs payable to an attorney by his own client.
Rule 28. Costs payable to attorney where money recovered by or on behalf

of infant, etc.
Rule 29. Costs payable to a trustee out of the trust fund, etc.
Rule 30. Application of general orders under Bahamas Bar Act.

Review

Rule 31. Application to Registrar for review.
Rule 32. Review by Registrar.
Rule 33. Review of Registrar’s certificate by a judge.

GENERAL AND ADMINISTRATIVE PROVISIONS

ORDER 60
REGISTRY OF THE SUPREME COURT


Rule 1. Distribution of business.
Rule 2. Date of filing to be marked, etc.
Rule 3. Right to inspect, etc. certain documents filed in Registry.
Rule 4. Deposit of documents.
Rule 5. Restriction on removal of documents.
Rule 6. Enrolment of instruments.

ORDER 61
SERVICE OF DOCUMENTS


Rule 1. When personal service required.
Rule 2. Personal service: how effected.
Rule 3. Personal service on body corporate.
Rule 4. Substituted service.
Rule 5. Ordinary service: how effected.
Rule 6. Service on Minister, etc., in proceedings which are not by or

against the Crown.
Rule 7. Effect of service after certain hours.
Rule 8. Affidavit of service.
Rule 9. No service required in certain cases.
Rule 10. Service of process on Sunday.

ORDER 62
PAPER, PRINTING, NOTICES AND COPIES


Rule 1. Quality and size of paper.
Rule 2. Regulations as to printing, etc.

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Rule 3. Copies of documents for other party.
Rule 4. Requirements as to copies.

ORDER 63
CHANGE OF ATTORNEY


Rule 1. Notice of change of attorney.
Rule 2. Notice of appointment of attorney.
Rule 3. Notice of intention to act in person.
Rule 4. Removal of attorney from record at instance of another party.
Rule 5. Withdrawal of attorney who has ceased to act for party.
Rule 6. Address for service of party whose attorney is removed, etc.

PROVISIONS AS TO FOREIGN PROCEEDINGS

ORDER 64
SERVICE OF FOREIGN PROCESS


Rule 1. Definition.
Rule 2. Service of foreign legal process.
Rule 3. Service of foreign legal process under Civil Procedure Convention.
Rule 4. Costs of service, etc., to be certified by Registrar.
Rule 5. Appointment of process server.

ORDER 65
OBTAINING EVIDENCE FOR FOREIGN COURTS, ETC.


Rule 1. Jurisdiction of Registrar to make order.
Rule 2. Application for order.
Rule 3. Application by Attorney General in certain cases.
Rule 4. Person to take and manner of taking examination.
Rule 5. Dealing with deposition.
Rule 6. Claim to privilege.

ORDER 66
ARBITRATION PROCEEDINGS


Rule 1. Matters for a judge in court.
Rule 2. Matters for judge in chambers or Registrar.
Rule 3. Special provisions as to applications to remit or set aside an award.
Rule 4. Service out of the jurisdiction of summons, notice, etc.
Rule 5. Registration in Supreme Court of foreign awards.



SPECIAL PROVISIONS AS TO PARTICULAR PROCEEDINGS

ORDER 67
ADMIRALTY PROCEEDINGS



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Rule 1. Application and interpretation.
Rule 2. Certain admiralty actions.
Rule 3. Issue of writ and entry of appearance.
Rule 4. Service of writ out of jurisdiction.
Rule 5. Warrant of arrest.
Rule 6. Caveat against arrest.
Rule 7. Remedy where property protected by caveat is arrested (without

good and sufficient reason).
Rule 8. Service of writ in action in rem.
Rule 9. Committal of attorney failing to comply with undertaking.
Rule 10. Execution, etc., of warrant of arrest.
Rule 11. Service on ships, etc.: how effected.
Rule 12. Applications with respect to property under arrest.
Rule 13. Release of property under arrest.
Rule 14. Caveat against release and payment.
Rule 15. Duration of caveats.
Rule 16. Bait.
Rule 17. Interveners.
Rule 18. Preliminary acts.
Rule 19. Failure to lodge preliminary act: proceedings against party in

default.
Rule 20. Special provisions as to pleadings in collision, etc., actions.
Rule 21. Judgment by default.
Rule 22. Order for sale of ship: determination of priority of claims.
Rule 23. Appraisement and sale of property.
Rule 24. Payment into and out of court.
Rule 25. Application of Order 25.
Rule 26. Fixing date for trial, etc.
Rule 27. Stay of proceedings in collision, etc. actions until security given.
Rule 28. Inspection of ship, etc.
Rule 29. Examination of witnesses and other persons.
Rule 30. Trial as an Admiralty short cause.
Rule 31. Further provisions with respect to evidence.
Rule 32. Proceedings for apportionment of salvage.
Rule 33. Filing and service of notice of motion.
Rule 34. Agreement between attorneys may be made order of court.
Rule 35. Originating summons procedure.
Rule 36. Limitation action: parties.
Rule 37. Limitation action: summons for decree or directions.
Rule 38. Limitation action: proceedings under decree.
Rule 39. Limitation action: proceedings to set aside decree.
Rule 40. References to Registrar.
Rule 41. Hearing of reference.

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Rule 42. Objection to decision on reference.
Rule 43. Drawing up and entry of judgments and orders.
Rule 44. Inspection of documents filed in Registry.

ORDER 68
CONTENTIOUS PROBATE PROCEEDINGS


Rule 1. Application and interpretation.
Rule 2. Requirements in connection with issue of writ.
Rule 3. Parties to action for revocation of grant.
Rule 4. Lodgement of grant in action for revocation.
Rule 5. Affidavit of testamentary scripts.
Rule 6. Default of appearance.
Rule 7. Service of statement of claim.
Rule 8. Counterclaim.
Rule 9. Contents of pleadings.
Rule 10. Default of pleadings.
Rule 11. Discontinuance and dismissal.
Rule 12. Compromise of action: trial on affidavit evidence.
Rule 13. Application for order to bring in will, etc.
Rule 14. Administration pendente lite.

ORDER 69
PROCEEDINGS BY AND AGAINST THE CROWN


Rule 1. Application and interpretation.
Rule 2. Particulars to be included in indorsement of claim.
Rule 3. Service on the Crown.
Rule 4. Counterclaim and set-off.
Rule 5. Summary judgment.
Rule 6. Judgment in default.
Rule 7. Third party notices.
Rule 8. Interpleader: application for order against crown.
Rule 9. Discovery and interrogatories.
Rule 10. Evidence.
Rule 11. Execution and satisfaction of orders.
Rule 12. Attachment of debts, etc.



ORDER 70
DISABILITY


Rule 1. Interpretation.
Rule 2. Person under disability must sue, etc., by next friend or guardian

ad litem.

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Rule 3. Appointment of next friend or guardian ad litem.
Rule 4. Appointment of guardian where person under disability does not

appear.
Rule 5. Application to discharge or vary certain orders.
Rule 6. Admission not to be implied from pleading of person under

disability.
Rule 7. Discovery and interrogatories.
Rule 8. Compromise, etc., by person under disability.
Rule 9. Approval of settlement.
Rule 10. Control of money recovered by person under disability.
Rule 11. Proceedings under Fatal Accidents Act: apportionment by Court.
Rule 12. Service of certain documents on person under disability.

ORDER 71
PARTNERS


Rule 1. Actions by and against firms within jurisdiction.
Rule 2. Disclosure of partners’ names.
Rule 3. Service of writ.
Rule 4. Entry of appearance in an action against firm.
Rule 5. Enforcing judgment or order against firm.
Rule 6. Enforcing judgment or order in actions between partners, etc.
Rule 7. Attachment of debts owed by firm.
Rule 8. Actions begun by originating summons.
Rule 9. Application to person carrying on business in another name.
Rule 10. Applications for orders charging partner’s interest in partnership

property, etc.
ORDER 72

DEFAMATION ACTIONS

Rule 1. Application.
Rule 2. Indorsement of claim in libel action.
Rule 3. Obligation to give particulars.
Rule 4. Provisions as to payment into court.
Rule 5. Statement in open court.
Rule 6. Interrogatories not allowed in certain cases.

Rule 7. Evidence in mitigation of damages.
ORDER 73

MONEY LENDING ACTIONS

Rule 1. Application and interpretation.
Rule 2. Particulars to be included in a statement of claim.
Rule 3. Judgment in default of appearance or of defence.
Rule 4. Particulars to be included in originating summons.

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ORDER 74
ADMINISTRATION AND SIMILAR ACTIONS


Rule 1. Interpretation.
Rule 2. Determination of questions, etc., without administration.
Rule 3. Parties.
Rule 4. Grant of relief in action begun by originating summons.
Rule 5. Judgments and orders in administration actions.
Rule 6. Conduct of sale of trust property.

ORDER 75
ACTIONS FOR SPECIFIC PERFORMANCE, ETC.: SUMMARY

JUDGMENT

Rule 1. Application by plaintiff for summary judgment.
Rule 2. Manner in which application under rule 1 must be made.
Rule 3. Judgment for Plaintiff.
Rule 4. Leave to defend.
Rule 5. Directions.
Rule 6. Costs.
Rule 7. Setting aside judgment.

ORDER 76
DEBENTURE HOLDERS’ ACTIONS: RECEIVER’S REGISTER


Rule 1. Receiver’s register.
Rule 2. Registration of transfers, etc.
Rule 3. Application for rectification of receiver’s register.
Rule 4. Receiver’s register evidence of transfers, etc.
Rule 5. Proof of title of holder of bearer debenture, etc.
Rule 6. Requirements in connection with payments.

ORDER 77
MORTGAGE ACTIONS


Rule 1. Application and interpretation.
Rule 2. Documents to be lodged on making appointment for hearing.
Rule 3. Claim for possession: non-appearance by a defendant.

Rule 4. Action for possession or payment.
Rule 5. Action by writ: judgment in default.
Rule 6. Foreclosure in redemption action.

ORDER 78
MISCELLANEOUS PROCEEDINGS



I. Proceedings Concerning Minors



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Rule 1. Application to make minor a ward of court.
Rule 2. Applications under the Guardianship and Custody of Infants Act.
Rule 3. Defendants to guardianship summons.
Rule 4. Guardianship proceedings may be in chambers.
Rule 5. Jurisdiction of Registrar.


II. Other Proceedings


Rule 6. Application for declaration affecting matrimonial status.
Rule 7. Applications with respect to funds in court.

ORDER 79
LODGEMENT, INVESTMENT, ETC., OF FUNDS IN COURT


Rule 1. Payment into court under Trustee Act.
Rule 2. Notice of lodgement.
Rule 3. Applications with respect to funds in court.

ORDER 80
APPLICATIONS AND APPEALS TO SUPREME COURT

UNDER VARIOUS ACTS

Rule 1. Jurisdiction of Supreme Court to quash certain orders, schemes,

etc.
Rule 2. Entry and service of notice of motion.
Rule 3. Filing of affidavits, etc.

ORDER 81
PROCEEDS OF CRIME ACT


Rule 1. Interpretation.
Rule 2. Assignment of proceedings.
Rule 3. Application for restraint order or charging order.
Rule 4. Restraint order and charging order.
Rule 5. Discharge or variation of order.
Rule 6. Further application.
Rule 7. Realisation of property.

Rule 8. Receivers.
Rule 9. Compensation.
Rule 10. Disclosure of information.

ORDER 82
PRESENT PROCEDURE AND PRACTICE AND REVOCATION


Rule 1. Present procedure and practice.
Rule 2. Persons authorized to act.

Rule 3. Revocation.


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CHAPTER 53

SUPREME COURT

RULES OF THE SUPREME COURT
(SECTION 29)

[Commencement 5th July, 1978]

PRELIMINARY

ORDER 1
CITATION, APPLICATION, INTERPRETATION

AND FORMS
(R.S.C. 1978)

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

2. (1) Subject to the following provisions of this
rule, these Rules shall have effect in relation to all
proceedings in the Supreme Court.

(2) These Rules shall not have effect in relation to
proceedings of the kinds specified in the first column of the
following Table (being proceedings in respect of which
rules may be made under enactments specified in the
second column of that Table) —

S.I. 46/1978
S.I. 30/1988
S.I. 38/1996
S.I. 92/1997
S.I. 4/2001
1 of 2003
S.I. 131/2002
S.I. 44/2004


Citation
(O. 1, r. 1).

Application.
(O. 1, r. 2).

CH.53 – 30] SUPREME COURT





STATUTE LAW OF THE BAHAMAS LRO 1/2006


TABLE

Proceedings Enactments
1. Bankruptcy proceedings Bankruptcy Act, s. 102.
2. Proceedings relating to

the winding up of
companies

Companies Act, Part VII.

3. Non-contentious or
common form probate
proceedings

Supreme Court Act, s. 29.

4. Matrimonial proceedings Matrimonial Causes Act,
s. 7.


(3) These Rules shall not have effect in relation to any

criminal proceedings other than any criminal proceedings to
which Order 39, Order 57, Order 59 or Order 81 applies.

(4) In the case of the proceedings mentioned in
paragraph (2), nothing in that paragraph shall be taken as
affecting any provision of any rules (whether made under
the Act or any other Act) by virtue of which the Rules of
the Supreme Court or any provisions thereof are applied in
relation to any of those proceedings.

3. The Interpretation and General Clauses Act shall
apply to the interpretation of these Rules as it applies to the
interpretation of an Act of Parliament.

4. (1) In these Rules, unless the context otherwise
requires, the following expressions have the meanings
hereby respectively assigned to them, namely —

“the Act” means the Supreme Court Act;
“an action for personal injuries” means an action in

which there is a claim for damages in respect of
personal injuries to the plaintiff or any other
person or in respect of a person’s death; and

“personal injuries” includes any disease and any
impairment of a person’s physical or mental
condition;

“cause book” means the book kept in the Registry, in
which the year and number of, and other details
relating to, a cause or matter are entered;

S.I. 30/1988.
S.I. 38/1996.

Application of
Interpretation
and General
Clauses Act
(O. 1, r. 3).

Definitions (O. 1,
r. 4).

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“the English Rules” means the Rules of the Supreme
Court of England for the time being in force in
England;

“the matrimonial causes rules” means rules made
under section 7 of the Matrimonial Causes Act;

“money lending action” has the meaning assigned to
it by Order 73;

“officer” means an officer of the Supreme Court;
“originating summons” means every summons other

than a summons in a pending cause or matter;
“pleading” does not include a petition, summons or

preliminary act;
“probate action” has the meaning assigned to it by

Order 68;
“receiver” includes a manager or consignee;
“Registrar” means the Registrar or the Assistant

Registrar of the Supreme Court;
“the Registry” means the Registry of the Supreme

Court;
“the scheduled territories” has the meaning assigned

to it by the Exchange Control Regulations;
“writ” means a writ of summons.
(2) In these Rules, unless the context otherwise

requires, “the Court” means the Supreme Court or any one
or more judges thereof, whether sitting in court or in
chambers or the Registrar; but the foregoing provision
shall not be taken as affecting any provision of these Rules
and, in particular, Order 32, rule 11, by virtue of which the
authority and jurisdiction of the Registrar are defined and
regulated.

5. (1) Unless the context otherwise requires, any
reference in these rules to a specified Order or rule is a
reference to that Order or rule of these Rules and any
reference to a specified rule, paragraph or subparagraph is
a reference to that rule of the Order, that paragraph of the
rule, or that subparagraph of the paragraph, in which the
reference occurs, and any reference to an Appendix is a
reference to the appropriate Appendix to the English


Construction of
references to
Orders, rules, etc.
(O. 1, r. 5).

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Rules.
(2) Any reference in these Rules to anything done

under a rule of these Rules includes a reference to the same
thing done before the commencement of that rule under
any corresponding rule of court ceasing to have effect on
the commencement of that rule.

(3) Except where the context otherwise requires,
any reference in these Rules to any enactment shall be
construed as a reference to that enactment as amended,
extended or applied by or under any other enactment.

6. Except where the context otherwise requires,
references in these Rules to an action or claim for the
possession of land shall be construed as including
references to proceedings against the Crown for an order
declaring that the plaintiff is entitled as against the Crown
to the land or to be possession thereof.

7. The forms in the Appendices to the English
Rules of 1976 shall be used where applicable with such
variations as the circumstances of The Bahamas, the
Constitution, the practice and procedure of the Supreme
Court and the circumstances of the particular case require.

ORDER 2
EFFECT OF NON-COMPLIANCE

(R.S.C. 1978)

1. (1) Where, in beginning or purporting to begin
any proceedings or at any stage in the course of or in
connection with any proceedings, there has, by reason of
anything done or left undone, been a failure to comply with
the requirements of these Rules, whether in respect of time,
place, manner, form or content or in any other respect, the
failure shall be treated as an irregularity and shall not
nullify the proceedings, any step taken in the proceedings,
or any document judgment or order therein.

(2) Subject to paragraph (3), the Court may, on the
ground that there has been such a failure as is mentioned in
paragraph (1), and on such terms as to costs or otherwise as
it thinks just, set aside either wholly or in part the
proceedings in which the failure occurred, any step taken
in those proceedings or any document, judgment or order
therein or exercise its powers under these Rules to allow


Construction of
references to
action, etc., for
possession of
land (O. 1, r. 6).

Forms (O. 1,
r. 7).

Non-compliance
with rules (O. 2,
r. 1).

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such amendments (if any) to be made and to make such
order (if any) dealing with the proceedings generally as it
thinks fit.

(3) The Court shall not wholly set aside any
proceedings or the writ or other originating process by
which they were begun on the ground that the proceedings
were required by any of these Rules to be begun by an
originating process other than the one employed.

2. (1) An application to set aside for irregularity
any proceedings, any step taken in any proceedings or any
document, judgment or order therein shall not be allowed
unless it is made within a reasonable time and before the
party applying has taken any fresh step after becoming
aware of the irregularity.

(2) An application under this rule may be made by
summons or motion and the grounds of objection must be
stated in the summons or notice of motion.

ORDER 3
TIME

(R.S.C. 1978)

1. The word “month”, where it occurs in any
judgment, order, direction or other document forming part
of any proceedings in the Supreme Court, means a calendar
month unless the context otherwise requires.

2. (1) Any period of time fixed by these Rules or
by any judgment, order or direction for doing any act shall
be reckoned in accordance with the following provisions of
this rule.

(2) Where the act is required to be done within a
specified period after or from a specified date, the period
begins immediately after that date.

(3) Where the act is required to be done within or
not less than a specified period before a specified date, the
period ends immediately before that date.

(4) Where the act is required to be done a specified
number of clear days before or after a specified date, at
least that number of days must intervene between the day
on which the act is done and that date.

Application to
set aside for
irregularity (O. 2,
r. 2).

“Month” means
calendar month
(O. 3, r. 1).

Reckoning
periods of time
(O. 3, r. 2).

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(5) Where, apart from this paragraph, the period in
question, being a period of 7 days or less, would include a
Saturday, Sunday or public holiday, Christmas Day or
Good Friday, that day shall be excluded. in this paragraph
“public holiday” means any day declared to be a public
holiday under the Public Holidays Act.

3. Where the time prescribed by these Rules, or by
any judgment, order or direction, for doing any act at an
office of the Supreme Court expires on a Sunday or other
day on which that office is closed, and by reason thereof that
act cannot be done on that day, the act shall be in time if
done on the next day on which that office is open.

4. (1) The Court may, on such terms as it thinks
just, by order extend or abridge the period within which a
person is required or authorised by these Rules, or by any
judgment, order or direction, to do any act in any
proceedings.

(2) The Court may extend any such period as is
referred to in paragraph (1) although the application for
extension is not made until after the expiration of that
period.

(3) The period within which a person is required by
these Rules, or by any order or direction, to serve, file or
amend any pleading or other document may be extended y
consent (given in writing) without an order of the Court
being made for that purpose.

5. Where a year or more has elapsed since the last
proceeding in a cause or matter, the party who desires to
proceed must give to every other party not less than one
month’s notice of his intention to proceed. a summons on
which no order was made is not a proceeding for the
purpose of this rule.

Time expires on
Sunday, etc.
(O. 3, r. 3).

Extension, etc.,
of time
(O. 3, r. 4).

Notice of
intention to
proceed after
year’s delay
(O. 3, r. 5).

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COMMENCEMENT AND PROGRESS OF
PROCEEDINGS

ORDER 4
CONSOLIDATION OF PROCEEDINGS

(R.S.C. 1978)

1. Where two or more causes or matters are pending
in the Court, then if it appears to the Court —

(a) that some common question of law or fact arises
in both or all of them; or

(b) that the rights to relief claimed therein are in
respect of or arise out of the same transaction or
series of transactions; or

(c) that for some other reason it is desirable to make
an order under this rule,

the Court may order those causes or matters to be
consolidated on such terms as it thinks just or may order
them to be tried at the same time or one immediately after
another or may order any of them to be stayed until after
the determination of any other of them.

ORDER 5
MODE OF BEGINNING CIVIL PROCEEDINGS IN

SUPREME COURT
(R.S.C. 1978)

1. Subject to the provisions of any Act and of these
Rules, civil proceedings in the Supreme Court may be
begun by writ, originating summons, originating motion or
petition.

2. Subject to any provisions of an Act, or of these
Rules, by virtue of which any proceedings are expressly
required to be begun otherwise than by writ, the following
proceedings must, notwithstanding anything in rule 4, be
begun by writ, that is to say, proceedings —

(a) in which a claim is made by the plaintiff for any
relief or remedy for any tort, other than trespass
to land;

Consolidation,
etc., of causes or
matters
(O. 4, r. 1).

Mode of
beginning civil
proceedings
(O. 5, r. 1).

Proceedings
which must be
begun by writ
(O. 5, r. 2).

CH.53 – 36] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) in which a claim made by the plaintiff is based
on an allegation of fraud;

(c) in which a claim is made by the plaintiff for
damages for breach of duty (whether the duty
exists by virtue of a contract or of a provision
made by or under an Act or independently of any
contract or any such provision), where the
damages claimed consist of or include damages
in respect of the death of any person or in respect
of personal injuries to any person or in respect of
damage to any property;

(d) in which a claim is made by the plaintiff for
damages for breach of promise of marriage;

(e) in which a claim is made by the plaintiff in
respect of the infringement of a patent.

3. Proceedings by which an application is to be
made to the Supreme Court or a judge thereof under any
Act must be begun by originating summons except where
by these Rules or by or under any Act the application in
question is expressly required or authorised to be made by
some other means. This rule does not apply to an
application made in pending proceedings.

4. (1) Except in the case of proceedings which by
these Rules or by or under any Act are required to be begun
by writ or originating summons or are required or authorised
to be begun by originating motion or petition, proceedings
may be begun either by writ or by originating summons as
the plaintiff considers appropriate.

(2) Proceedings —
(a) in which the sole or principal question at issue

is, or is likely to be, one of the construction of
an Act or of any instrument made under an Act,
or of any deed, will, contract or other document,
or some other question of law; or

(b) in which there is unlikely to be any substantial
dispute of fact,

are appropriate to be begun by originating summons unless
the plaintiff intends in those proceedings to apply for
judgment under Order 14 or Order 75 or for any other
reason considers the proceedings more appropriate to be
begun by writ.

Proceedings
which must be
begun by
originating
summons
(O. 5, r. 3).

Proceedings
which may be
begun by writ or
originating
summons
(O. 5, r. 4).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

5. Proceedings may be begun by originating
motion or petition if, but only if, by these Rules or by or
under any Act the proceedings in question are required or
authorised to be so begun.

6. (1) Subject to paragraph (2) and to Order 70,
rule 2, any person (whether or not he sues as a trustee or
personal representative or in any other representative
capacity) may begin and carry on proceedings in the
Supreme Court by an attorney or in person.

(2) Except as expressly provided by or under any
enactment, a body corporate may not begin or carry on any
such proceedings otherwise then by an attorney.

ORDER 6
WRITS OF SUMMONS: GENERAL PROVISIONS

(R.S.C. 1978)

1. Every writ must be in Form No. 1, 2, 3, 4, or 5
in Appendix A, whichever is appropriate.

2. (1) Before a writ is issued it must be indorsed —
(a) with a statement of claim or, if the statement of

claim is not indorsed on the writ, with a concise
statement of the nature of the claim made or the
relief or remedy required in the action begun
thereby;

(b) where the claim made by the plaintiff is for a
debt or liquidated demand only, with a statement
of the amount claimed in respect of the debt or
demand and for costs and also with a statement
that further proceedings will be stayed if, within
the time limit for appearing, the defendant —

(i) except in either of the cases mentioned in
paragraph (2), pays the amount so claimed
to the plaintiff or his attorney;

(ii) in either of the said cases, pays that
amount into court;

(c) where the claim made by the plaintiff is for
possession of land, with a statement showing —

(i) whether the claim relates to a dwelling-
house; and

Proceedings to be
begun by motion
or petition
(O. 5, r. 5).

Right to sue in
person
(O. 5, r. 6).

Form of Writ
(O. 6, r. 1).

Indorsement of
claim
(O. 6, r. 2).

CH.53 – 38] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(ii) if it does, whether the value of the premises
exceeds $10,000;

(d) where the action is brought to enforce a right to
recover possession of goods, with a statement
showing the value of the goods.

(2) The cases referred to in paragraph (1)(b) are —
(a) a case where the plaintiff (or, if there are more

plaintiffs than one, any of them) is resident
outside the scheduled territories or is acting by
order or on behalf of a person so resident;

(b) a case where the defendant is making the
payment by order or on behalf of a person so
resident.

(3) A defendant who pays money into court under
this rule must give notice (in Form No. 25 in Appendix A)
to the plaintiff, his attorney or agent.

3. (1) Before a writ is issued it must be indorsed —
(a) where the plaintiff sues in a representative

capacity, with a statement of the capacity in
which he sues;

(b) where a defendant is sued in a representative
capacity, with a statement of the capacity in
which he is sued.

(2) Before a writ is issued in an action brought by a
plaintiff who in bringing it is acting by order or on behalf
of a person resident outside the scheduled territories, it
must be indorsed with a statement of that fact and with the
address of the person so resident.

4. (1) Before a writ is issued it must be indorsed —
(a) where the plaintiff sues by any attorney, with the

plaintiff’s address and the attorney’s name or
firm and a business address of his within the
jurisdiction.

(b) where the plaintiff sues in person, with —
(i) the address of his place of residence and, if

his place of residence is not within the
jurisdiction or if he has no place of
residence, the address of a place within the
jurisdiction at or to which documents for
him may be delivered or sent; and

(ii) his occupation.

Indorsement as
to capacity
(O. 6, r. 3).

Indorsement as
to attorney and
address
(O. 6, r. 4).

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(2) The address for service of a plaintiff shall be —
(a) where he sues by an attorney, the business

address of the attorney indorsed on the writ;
(b) where he sues in person, the address within the

jurisdiction indorsed on the writ.
(3) Where an attorney’s name is indorsed on a writ,

he must, if any defendant who has been served with or who
has entered an appearance to the writ requests him in
writing so to do, declare in writing whether the writ was
issued by him or with his authority or privity.

(4) If an attorney whose name is indorsed on a writ
declares in writing that the writ was not issued by him or
with his authority or privity, the Court may on the
application of any defendant who has been served with or
who has entered an appearance to the writ, stay all
proceedings in the action begun by the writ.

5. (1) One or more concurrent writs may, at the
request of the plaintiff, be issued at the time when the
original writ is issued or at any time thereafter before the
original writ ceases to be valid.

(2) Without prejudice to the generality of paragraph
(1), a writ for service within the jurisdiction may be issued
as a concurrent writ with one which, or notice of which, is
to be served out of the jurisdiction and a writ which, or
notice of which, is to be served out of the jurisdiction may
be issued as a concurrent writ without one for service
within the jurisdiction.

(3) A concurrent writ is a true copy of the original
writ with such differences only (if any) as are necessary
having regard to the purpose for which the writ is issued.

6. (1) No writ which, or notice of which, is to be
served out of the jurisdiction shall be issued without the
leave of the court:

Provided that if every claim made by a writ is one
which by virtue of an enactment the Supreme Court has
power to hear and determine notwithstanding that the
person against whom the claim is made is not within the
jurisdiction of the Court or that the wrongful act, neglect or
default giving rise to the claim did not take place within its
jurisdiction, the foregoing provision shall not apply to the
writ.

(2) A writ must be issued out of the Registry.

Concurrent writ
(O. 6, r. 5).

Issue of writ
(O. 6, r. 6).

CH.53 – 40] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) Issue of a writ takes place upon its being sealed
by an officer of the Registry.

(4) The officer by whom a concurrent writ is sealed
must mark it as a concurrent writ with an official stamp.

(5) No writ shall be sealed unless at the time of the
tender thereof for sealing the person tendering it leaves at
the office at which it is tendered a copy thereof signed,
where the plaintiff sues, in person, by him or, where he
does not so sue, by or on behalf of his attorney, who may
sign either in his own name or in the name of the firm to
which he belongs.

7. (1) For the purpose of service, a writ (other than
a concurrent writ) is valid in the first instance for twelve
months beginning with the date of its issue and a
concurrent writ is valid in the first instance for the period
of validity of the original writ which is unexpired at the
date of issue of the concurrent writ.

(2) Where a writ has not been served on a
defendant, the Court may by order extend the validity of
the writ from time to time for such period, not exceeding
twelve months at any one time, beginning with the day
next following that on which it would otherwise expire, as
may be specified in the order, if an application for
extension is made to the Court before that day or such later
day (if any) as the Court may allow.

(3) Before a writ, the validity of which has been
extended under this rule, is served, it must be marked with
an official stamp showing the period for which the validity
of the writ has been so extended.

(4) Where the validity of a writ is extended by order
made under this rule, the order shall operate in relation to
any other writ (whether original or concurrent) issued in
the same action which has not been served so as to extend
the validity of that other writ until the expiration of the
period specified in the order.

ORDER 7
ORIGINATING SUMMONSES: GENERAL

PROVISIONS
(R.S.C. 1978)

1. The provisions for this Order apply to all
originating summonses subject, in the case of originating


Duration and
renewal of writ
(O. 6, r. 7).

Application
(O. 7, r. 1).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

summonses of any particular class, to any special provisions
relating to originating summonses of that class made by
these Rules or by or under any Act.

2. (1) Every originating summons must be in Form
No. 8, 10 or 11 in Appendix A, whichever is appropriate.

(2) The party taking out an originating summons
(other than an ex parte summons) shall be described as a
plaintiff and the other parties shall be described as
defendants.

3. (1) Every originating summons must include a
statement of the questions on which the plaintiff seeks the
determination or direction of the Supreme Court or, as the
case may be, a concise statement of the relief or remedy
claimed in the proceedings begun by the originating
summons with sufficient particulars to identify the cause or
causes of action in respect of which the plaintiff claims that
relief or remedy.

(2) Order 6, rules 3 and 4, shall apply in relation to
an originating summons as they apply in relation to a writ.

4. Order 6, rule 5, shall apply in relation to an
originating summons as it applies in relation to a writ.

5. An originating summons must be issued out of
the Registry.

6. Order 6, rule 7, shall apply in relation to an
originating summons as it applies in relation to a writ.

7. (1) Rules 2(1), 3(1) and 5 shall, so far as
applicable, apply to ex parte originating summonses; but,
save as aforesaid, the foregoing rules of this Order shall not
apply to ex parte originating summonses.

(2) Order 6, rule 6(3) and (5), shall, with the necessary
modifications, apply in relation to an ex parte originating
summons as they apply in relation to a writ.

Form of
summons, etc.
(O. 7, r. 2).

Contents of
summons
(O. 7, r. 3).

Concurrent
summons
(O. 7, r. 4).

Issue of
summons
(O. 7, r. 5).

Duration and
renewal of
summons
(O. 7, r. 6).
Ex parte
originating
summonses
(O. 7, r. 7).

CH.53 – 42] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

ORDER 8
ORIGINATING AND OTHER MOTIONS:

GENERAL PROVISIONS
(R.S.C. 1978)

1. The provisions of this Order apply to all motions
subject, in the case of originating motions of any particular
class, to any special provisions relating to motions of that
class made by these Rules or by or under any Act.

2. (1) Except where an application by motion may
properly be made ex parte, no motion shall be made
without previous notice to the parties affected thereby, but
the Court, if satisfied that the delay caused by proceeding
in the ordinary way would or might entail irreparable or
serious mischief, may make an order ex parte on such
terms as to costs or otherwise, and subject to such
undertaking, if any, as it thinks just; and any party affected
by such order may apply to the Court to set it aside.

(2) Unless the Court gives leave to the contrary,
there must be at least 2 clear days between the service of
notice of a motion and the day named in the notice for
hearing the motion.

3. (1) The notice of an originating motion must be
in Form No. 13 in Appendix A and the notice of any other
motion in Form No. 38 in that Appendix. Where leave has
been given under rule 2(2) to serve short notice of motion,
that fact must be stated in the notice.

(2) The notice of a motion must include a concise
statement of the nature of the claim made or the relief or
remedy required.

(3) Order 6, rule 4, shall, with the necessary
modifications, apply in relation to notice of an originating
motion as it applies in relation to a writ.

(4) The notice of an originating motion must be
issued in the Registry.

(5) Issue of the notice of an originating motion takes
place upon its being sealed by an officer of the Registry.

4. Notice of a motion to be made in an action may
be served by the plaintiff on the defendant with the writ of
summons or originating summons or at any time after


Application
(O. 8, r. 1).

Notice of motion
(O. 8, r. 2).

Form and issue
of notice of
motion
(O. 8, r. 3).

Service of notice
of motion with
writ, etc.
(O. 8, r. 4).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

service of such writ or summons, whether or not the
defendant has entered an appearance in the action.

5. The hearing of any motion may be adjourned from
time to time on such terms, if any, as the Court thinks fit.

ORDER 9
PETITIONS: GENERAL PROVISIONS

(R.S.C. 1978)

1. Rules 2 to 4 apply to petitions by which civil
proceedings in the Supreme Court are begun, subject, in
the case of petitions of any particular class, to any special
provisions relating to petitions of that class made by these
Rules or by or under any Act.

2. (1) Every petition must include a concise
statement of the nature of the claim made or the relief or
remedy required in the proceedings begun thereby.

(2) Every petition must include at the end thereof a
statement of the names of the persons, if any, required to
be served therewith or, if no person is required to be
served, a statement to that effect.

(3) Order 6, rule 4, shall with the necessary modifica-
tions, apply in relation to a petition as it applies in relation to
a writ.

3. A petition must be presented by leaving it at the
Registry.

4. (1) A day and time for the hearing of a petition
which is required to be heard shall be fixed by the
Registrar.

(2) Unless the Court otherwise directs, a petition
which is required to be served on any person must be
served on him not less than seven days before the day fixed
for the hearing of the petition.

5. No application in any cause or matter may be made
by petition.

Adjournment of
hearing
(O. 8, r. 5).

Application
(O. 9, r. 1).

Contents of
petition
(O. 9, r. 2).

Presentation of
petition
(O. 9, r. 3).
Fixing time for
hearing petition
(O. 9, r. 4).

Certain
applications not
to be made by
petition
(O. 9, r. 5).

CH.53 – 44] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

ORDER 10
SERVICE OR ORIGINATING PROCESS:

GENERAL PROVISIONS
(R.S.C. 1978)

1. (1) Subject to the provisions of any Act and
these Rules, a writ must be served personally on each
defendant by the plaintiff or his agent.

(2) Where a defendant’s attorney indorses on the
writ a statement that he accepts service of the writ on
behalf of that defendant, the writ shall be deemed to have
been duly served on that defendant and to have been so
served on the date on which the indorsement was made.

(3) Where a writ is not duly served on a defendant
but he enters an unconditional appearance in the action
begun by the writ, the writ shall be deemed to have been
duly served on him and to have been so served on the date
on which he entered the appearance.

(4) Where a writ is duly served on a defendant
otherwise than by virtue of paragraph (2) or (3), then,
subject to Order 11, rule 5, unless within three days after
service the person serving it indorses on it the following
particulars, that is to say, the day of the week and date on
which it was served, where it was served, the person on
whom it was served, and, where he is not the defendant,
the capacity in which he was served, the plaintiff in the
action begun by the writ shall not be entitled to enter final
or interlocutory judgment against that defendant in default
of appearance or in default of defence.

2. (1) Where the Court is satisfied on an ex parte
application that —

(a) a contract has been entered into within the
jurisdiction with or through an agent who is
either an individual residing or carrying on
business within the jurisdiction or a body
corporate having a registered office or a place of
business within the jurisdiction; and

(b) the principal for whom the agent was acting was
at the time the contract was entered into and is at
the time of the application neither such an
individual nor such a body corporate; and

General
provisions
(O. 10, r. 1).

Service of writ on
agent of overseas
principal
(O. 10, r. 2).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(c) at the time of the application either the agent’s
authority has not been determined or he is still in
business relations with his principal,

the Court may authorise service of a writ beginning an
action relating to the contract to be effected on the agent
instead of the principal.

(2) An order under this rule authorising service of a
writ on a defendant’s agent must limit a time within which
the defendant must enter an appearance.

(3) Where an order is made under this rule
authorising service of a writ on a defendant’s agent, a copy
of the order and of the writ must be sent by post to the
defendant at his address out of the jurisdiction.

3. (1) Where —
(a) a contract contains a term to the effect that the

Supreme Court shall have jurisdiction to hear
and determine any action in respect of a contract
or, apart from any such term, the Supreme Court
has jurisdiction to hear and determine any such
action; and

(b) the contract provides that, in the event of any
action in respect of the contract being begun, the
process by which it is begun may be served on
the defendant, or on such other person on his
behalf as may be specified in the contract, in
such manner, or at such place (whether within or
out of the jurisdiction), as may be so specified,

then, if an action in respect of the contract is begun in the
Supreme Court and the writ by which it is begun is served
in accordance with the contract, the writ shall, subject to
paragraph (2), be deemed to have been duly served on the
defendant.

(2) A writ which is served out of the jurisdiction in
accordance with a contract shall not be deemed to have
been duly served on the defendant by virtue of paragraph
(1) unless leave to serve the writ, or notice thereof, out of
the jurisdiction has been granted under Order 11, rule 1 and
2.

4. Where a writ is indorsed with a claim for the
possession of land, the Court may —

Service of writ in
pursuance of
contract
(O. 10, r. 3).

Service of writ in
certain actions
for possession of
land
(O. 10, r. 4).

CH.53 – 46] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(a) if satisfied on an ex parte application that no
person appears to be in possession of the land
and that service cannot be otherwise effected on
any defendant, authorise service on that defen-
dant to be effected by affixing a copy of the writ
to some conspicuous part of the land;

(b) if satisfied on such an application that no person
appears to be in possession of the land and that
service could not otherwise have been effected
on any defendant, order that service already af-
fected by affixing a copy of the writ to some
conspicuous part of the land shall be treated as
good service on that defendant.

5. The foregoing rules of this Order (except rule
1(4)) shall apply in relation to an originating summons to
which an appearance is required to be entered as they apply
in relation to a writ, and rules 1 (1) and (2) shall, with any
necessary modifications, apply in relation to an originating
summons to which no appearance need be entered, a notice
of an originating motion and a petition as they apply in
relation to a writ.

ORDER 11
SERVICE OF PROCESS, ETC., OUT OF THE

JURISDICTION
(R.S.C. 1978)

1. (1) Subject to rule 3 and provided that the writ
does not contain any such claim as is mentioned in Order
67, rule 2(1), service of a writ, or notice of a writ, out of
the jurisdiction is permissible with the leave of the Court in
the following cases, that is to say —

(a) if the whole subject-matter of the action begun
by the writ is land situate within the jurisdiction
(with or without rents or profits) or the
perpetuation of testimony relating to land so
situate;

(b) if an act, deed, will, contract, obligation or
liability affecting land situate within the jurisdic-
tion is sought to be construed, rectified, set aside
or enforced in the action begun by the writ;

Service of
originating
summons,
petition and
notice of motion
(O. 10, r. 5).

Principal cases in
which service of
writ out of
jurisdiction is
permissible
(O. 11, r. 1).

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(c) if in the action begun by the writ relief is sought
against a person domiciled or ordinarily resident
within the jurisdiction;

(d) if the action begun by the writ is for the
administration of the estate of a person who died
domiciled within the jurisdiction or if the action
begun by the writ is for any relief or remedy
which might be obtained in any such action as
aforesaid;

(e) if the action begun by the writ is for the
execution, as to property situate within the
jurisdiction, of the trusts of a written instrument,
being trusts that ought to be executed according
to Bahamian law and of which the person to be
served with the writ is a trustee or if the action
begun by the writ is for any relief or remedy
which might be obtained in any such action as
aforesaid;

(f) if the action begun by the writ is brought against
a defendant to enforce, rescind, dissolve, annul
or otherwise affect a contract, or to recover
damages or obtain other relief in respect of the
breach of a contract, being (in either case) a
contract which —

(i) was made within the jurisdiction; or
(ii) was made by or through an agent trading or

residing within the jurisdiction on behalf of
a principal trading or residing out of the
jurisdiction; or

(iii) is by its terms, or by implication, governed
by Bahamian law;

(g) if the action begun by the writ is brought against
a defendant in respect of a breach committed
within the jurisdiction of a contract made within
or out of the jurisdiction, and irrespective of the
fact, if such be the case, that the breach was
preceded or accompanied by a breach committed
out of the jurisdiction that rendered impossible
the performance of so much of the contract as
ought to have been performed within the
jurisdiction;

(h) if the action begun by the writ is founded on a
tort committed within the jurisdiction;

CH.53 – 48] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(i) if in the action begun by the writ an injunction is
sought ordering the defendant to do or refrain
from doing anything within the jurisdiction
(whether or not damages are also claimed in
respect of a failure to do or the doing of that
thing);

(j) if in the action begun by the writ being properly
brought against a person duly served within the
jurisdiction, a person out of the jurisdiction is a
necessary or proper party thereto;

(k) if the action begun by the writ is either by a
mortgagee of property situate within the
jurisdiction (other than land) and seeks the sale
of the property; the foreclosure of the mortgage
or delivery by the mortgagor of possession of
the property but not an order for payment of any
moneys due under the mortgage or by a
mortgagor of property so situate (other than
land) and seeks redemption of the mortgage,
reconveyance of the property or delivery by the
mortgagee of possession of the property but not
a personal judgment;

(l) if the action is a probate action within the
meaning of Order 68.

In this paragraph “mortgage” includes a charge or
lien, “mortgagee” means a person entitled to, or interested
in, a mortgage and “mortgagor” means a person entitled to,
or interested in property subject to a mortgage.

(2) Service of notice of a writ in any place out of the
jurisdiction, is permissible without the leave of the Court if
every claim made in the action begun by the writ is one
which by virtue of an enactment the Supreme Court has
power to hear and determine notwithstanding that the
person against whom the claim is made is not within the
jurisdiction of the Court or that the wrongful act, neglect or
default giving rise to the claim did not take place within its
jurisdiction.

(3) Where a writ or notice of a writ is to be served
out of the jurisdiction under paragraph (2), the time to be
inserted in the writ or notice within which the defendant
served therewith must enter an appearance shall be limited
in accordance with the practice adopted under rule 4(3).

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2. Where it appears to the Court that a contract
contains a term to the effect that the Supreme Court shall
have jurisdiction to hear and determine any action in
respect of the contract, the Court may, subject to rule 3,
grant leave for service out of the jurisdiction of the writ, or
notice of the writ, by which an action in respect of the
contract is begun.

3. (1) Leave granted under rule 1 or 2 shall be
leave for service out of the jurisdiction of notice of the writ
and not the writ.

(2) Notice of a writ for service out of the
jurisdiction must be in Form No. 6 in Appendix A.

4. (1) An application for the grant of leave under
rule 1 or 2 must be supported by an affidavit stating the
grounds on which the application is made and that, in the
deponent’s belief, the plaintiff has a good cause of action,
and showing in what place or country the defendant is, or
probably may be found.

(2) No such leave shall be granted unless it shall be
made sufficiently to appear to the Court that the case is a
proper one for service out of the jurisdiction under this
Order.

(3) An order granting under rule 1 or 2 leave to
serve a writ, or notice of a writ, out of the jurisdiction must
limit a time within which the defendant to be served must
enter an appearance.

5. (1) Subject to the following provisions of this
rule, Order 10, rule 1, and Order 61, rule 4, shall apply in
relation to the service of a writ, or notice of a writ,
notwithstanding that the writ or notice is to be served out
of the jurisdiction.

(2) Nothing in this rule or in any order or direction
of the Court made by virtue of it shall authorise or require
the doing of anything in a country in which service is to be
effected which is contrary to the law of that country.

(3) A writ, or notice of a writ, which is to be served
out of the jurisdiction —

(a) need not be served personally on the person
required to be served so long as it is served on
him in accordance with the law of the country in
which service is effected; and

Service out of
jurisdiction in
certain actions of
contract
(O. 11, r. 2).

Leave for service
of notice of writ
(O. 11, r. 3).

Application for,
and grant of,
leave to serve
writ out of
jurisdiction
(O. 11, r. 4).

Service of writ or
notice of writ
abroad: general
provisions
(O. 11, r. 5).

CH.53 – 50] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) need not be served by the plaintiff or his agent if
it is served by a method provided for by rule 6
or rule 7.

(4) Where a certificate under the following
provisions of this rule is produced in relation to the service
of notice of a writ in accordance with rule 6 or rule 7, Order
10, rule 1(4), shall not apply in relation to that service.

(5) An official certificate stating that a notice of a
writ as regards which rule 6 has been complied with has
been served on a person personally, or in accordance with
the law of the country in which service was effected, on a
specified date, being a certificate —

(a) by a Bahamian or British consular authority in
that country; or

(b) by the government or judicial authorities of that
country; or

(c) by any other authority designated in respect of
that country under the Hague Convention,

shall be evidence of the facts stated.
(6) An official certificate by the appropriate Minister

stating that notice of a writ has been duly served on a
specified date in accordance with a request made under rule
7 shall be evidence of that fact.

(7) A document purporting to be a certificate as is
mentioned in paragraph (5) or (6) shall, until the contrary is
proved, be deemed to be such a certificate.

(8) In this rule and rule 6 “the Hague Convention”
means the Convention on the service abroad of judicial and
extra judicial documents in civil or commercial matters
signed at the Hague on November 15, 1965.

6. (1) This rule does not apply to service in any
Commonwealth country, and colony, protectorate or
protected state of the United Kingdom, or any trust
territory administered by the Government of any Com-
monwealth country.

(2) Where in accordance with these Rules notice of
a writ is to be served on a defendant in any country with
respect to which there subsists a Civil Procedure
Convention (other than the Hague Convention) providing
for service in that country of process of the Supreme Court,
the notice may be served —

Service of notice
of writ abroad
through foreign
governments,
judicial
authorities and
British consuls
(O. 11, r. 6).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(a) through the judicial authorities of that country;
or

(b) through a Bahamian or British consular author-
ity in that country (subject to any provision of
the convention as to the nationality of persons
who may be so served).

(3) Where in accordance with these Rules, notice of
a writ is to be served on a defendant in any country which
is a party to the Hague Convention, the notice may be
served —

(a) through the authority designated under the
Convention in respect of that country; or

(b) if the law of that country permits —
(i) through the judicial authorities of that

country; or
(ii) through a Bahamian or British consular

authority in that country.
(4) Where in accordance with these Rules notice of

a writ is to be served on a defendant in any country with
respect to which there does not subsist a Civil Procedure
Convention providing for service in that country of process
of the Supreme Court, the notice may be served —

(a) through the government of that country, where
that government is willing to effect service; or

(b) through a Bahamian or British consular authority
in that country, except where service through
such an authority is contrary to the law of that
country.

(5) A person who wishes to serve notice of a writ by
a method specified in paragraph (2), (3) or (4) must lodge
in the Registry a request for service of notice of the writ by
that method, together with a copy of the notice and an
additional copy thereof for each person to be served.

(6) Every copy of a notice lodged under paragraph
(5) must be accompanied by a translation of the notice in
the original language of the country in which service is to
be effected or, if there is more than one official language of
that country, in any one of those languages which is
appropriate to the place in that country where service is to
be effected:

CH.53 – 52] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Provided that this paragraph shall not apply to a copy
of a notice which is to be served in a country the official
language of which is, or the official languages of which
include, English, or is to be served in any country by a
Bahamian or British consular authority on a Bahamian
citizen, unless the service is to be effected under paragraph
(2) and the Civil Procedure Convention with respect to that
country expressly requires the copy to be accompanied by
a translation.

(7) Every translation lodged under paragraph (6)
must be certified by the person making it to be a correct
translation; and the certificate must contain a statement of
that person’s full name, of his address and of his
qualifications for making the translation.

(8) Documents duly lodged under paragraph (5)
shall be sent by the Registrar to the appropriate Minister
with a request that he arrange for notice of the writ to be
served by the method indicated in the request lodged under
paragraph (5) or, where alternative methods are indicated,
by such one of those methods as is most convenient.

7. Every request lodged under rule 6(4) must
contain an undertaking by the person making the request to
be responsible personally for all expenses incurred by the
Minister in respect of the service requested and, on
receiving due notification of the amount of those expenses,
to pay that amount to the Public Treasury and to produce a
receipt for the payment to the Registrar.

8. (1) Subject to paragraph 2 and Order 66, rule 4,
service out of the jurisdiction of an originating summons is
permissible with the leave of the Court.

(2) Where the proceedings begun by an originating
summons might have been begun by writ, service out of
the jurisdiction of the originating summons is permissible
as aforesaid if, but only if, service of the writ, or notice of
the writ, out of the jurisdiction would be permissible had
the proceedings been begun by writ.

(3) Where any proceedings are authorised by these
Rules or (apart from these Rules) by or under any Act to be
begun by originating motion or petition, service out of the
jurisdiction of the notice of motion or of the petition is
permissible with the leave of the Court.

Undertaking to
pay expenses of
service by
Minister
(O. 11, r. 7).

Service of
originating
summons,
petition, notice of
motion, etc.
(O. 11, r. 8).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(4) Subject to Order 66, rule 4, service out of the
jurisdiction of any summons, notice or order issued, given
or made in any proceedings is permissible with the leave of
the Court.

(5) Rule 4(1), (2) and (3) shall, so far as applicable,
apply in relation to an application for the grant of leave
under this rule as they apply in relation to an application
for the grant of leave under rule 1 or 2.

(6) An Order granting under this rule leave to serve
out of the jurisdiction an originating summons to which an
appearance is required to be entered must limit a time
within which the defendant to be served with the summons
must enter an appearance.

(7) Rules 5, 6 and 7 shall apply in relation to any
document for the service of which out of the jurisdiction
leave has been granted under this rule as they apply in
relation to a writ.

ORDER 12
ENTRY OF APPEARANCE TO WRIT OR

ORIGINATING SUMMONS
(R.S.C. 1978)

1. (1) Subject to paragraph (2) and to Order 70,
rule 2, a defendant to an action begun by writ may
(whether or not he is sued as a trustee or personal
representative or in any other representative capacity) enter
an appearance in the action and defend it by an attorney or
in person.

(2) Except as expressly provided by any enactment,
a defendant to such an action who is a body corporate may
not enter an appearance in the action or defend it otherwise
than by an attorney.

(3) An appearance is entered by properly
completing the requisite documents, that is to say, a
memorandum of appearance, as defined by rule 2, and a
copy thereof, and handing them in at, or sending them by
post to the Registry.

(4) If two or more defendants to an action enter an
appearance by the same attorney and at the same time, only
one set of the requisite documents need be completed and
delivered for those defendants.

Mode of entering
appearance
(O. 12, r. 1).

CH.53 – 54] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

2. (1) A memorandum of appearance is a request to
the Registry to enter an appearance for the defendant or
defendants specified in the memorandum.

(2) A memorandum of appearance must be in Form
No. 14 in Appendix A, and both the memorandum of
appearance and the copy thereof required for entering an
appearance must be signed by the attorney by whom the
defendant appears or, if the defendant appears in person, by
the defendant.

(3) A memorandum of appearance must specify —
(a) in the case of a defendant appearing in person,

the address of his place of residence and, if his
place of residence is not within the jurisdiction
or if he has no place of residence, the address of
a place within the jurisdiction at or to which
documents for him may be delivered or sent; and

(b) in the case of a defendant appearing by an
attorney, a business address of his attorney’s
within the jurisdiction,

and where the defendant enters an appearance in person,
the address within the jurisdiction specified under sub-
paragraph (a) shall be his address for service, but otherwise
his attorney’s business address shall be his address for
service.

(4) If the Court is satisfied on application by the
plaintiff that any address specified in the memorandum of
appearance is not genuine, the Court may set aside the
appearance.

3. (1) On receiving the requisite documents an
officer of the Registry must in all cases affix to the copy of
the memorandum of appearance an official stamp showing
the date on which he received those documents and enter
the appearance in the cause book, and —

(a) if the requisite documents were handed in at the
Registry, hand back that copy of the memor-
andum; and

(b) if they were sent by post, send that copy by post
to the plaintiff or, as the case may be, his
attorney at the plaintiff’s address for service and
also send by post to the defendant or, as the case
may be, his attorney at the defendant’s address
for service a notice of appearance (stamped with


Memorandum of
appearance
(O. 12, r. 2).

Procedure on
receipt of
requisite
documents
(O. 12, r. 3).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

an official stamp showing that date) stating that
the defendant specified therein entered an
appearance on that date.

(2) Where the defendant enters an appearance by
handing in the requisite documents at the Registry, he must
on the date on which he enters the appearance send by post
to the plaintiff, if the plaintiff sues in person, but otherwise
to the plaintiff’s attorney, at the plaintiff’s address for
service, the copy of the memorandum of appearance
handed back to him under paragraph (1).

4. References in these rules to the time limited for
appearing are references —

(a) in the case of a writ served within the
jurisdiction, to fourteen days after service of the
writ (including the day of service) or, where that
time has been extended by or by virtue of these
Rules, to that time as so extended; and

(b) in the case of a writ, or notice of a writ, served
out of the jurisdiction, to the time limited under
Order 10, rule 2(2), Order 11, rule 1 (3), or,
where that time has been extended as aforesaid,
to that time as so extended.

5. (1) A defendant may not enter an appearance in an
action after judgment has been entered therein except with the
leave of the Court.

(2) Except as provided by paragraph (1), nothing in
these Rules or any writ or order thereunder shall be
construed as precluding a defendant from entering an
appearance in an action after the time limited for
appearing, but if a defendant enters an appearance after
that time, he shall not, unless the Court otherwise orders,
be entitled to serve a defence or do any other thing later
than if he had appeared within that time.

6. (1) A defendant to an action may with the leave
of the Court enter a conditional appearance in the action.

(2) A conditional appearance, except by a person
sued as a partner of a firm in the name of that firm and
served as a partner, is to be treated for all purposes as an
unconditional appearance unless the Court otherwise
orders or the defendant applies to the Court, within the
time limited for the purpose, for an order under rule 7 and
the Court makes an order thereunder.

Time limited for
appearing
(O. 12, r. 4).

Late appearance
(O. 12, r. 5).

Conditional
appearance
(O. 12, r. 6).

CH.53 – 56] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

7. (1) A defendant to an action may at any time
before entering an appearance therein, or, if he has entered a
conditional appearance, within fourteen days after entering
the appearance, apply to the Court for an order setting side
the writ or service of the writ, or notice of the writ, on him,
or declaring that the writ or notice has not been duly served
on him or discharging any order giving leave to serve the
writ or notice on him out of the jurisdiction.

(2) An application under this rule must be made by
summons.

8. (1) Subject to paragraph (2), an appearance must
be entered to every originating summons (other than an ex
parte originating summons) by each defendant named in
and served with the summons.

(2) No appearance need be entered to an originating
summons in any case or class of case in relation to which
special provision to that effect is made by these Rules or by
or under any Act.

(3) Subject to the foregoing provisions of this rule,
the foregoing rules of this Order shall apply in relation to
an originating summons to which an appearance is required
to be entered as they apply in relation to a writ except that
for the reference in rule 4(b) to Order 11, rule 1(3), there
shall be substituted a reference to Order 11, rule 8(6).

ORDER 13
DEFAULT OF APPEARANCE TO WRIT

(R.S.C. 1978)

1. (1) Subject to Order 73, rule 3, where a writ is
indorsed with a claim against a defendant for a liquidated
demand only, then, if that defendant fails to enter an
appearance, the plaintiff may, after the time limited for
appearing, enter final judgment against that defendant for a
sum not exceeding that claimed by the writ in respect of
the demand and for costs, and proceed with the action
against the other defendants, if any.

(2) A claim shall not be prevented from being treated
for the purposes of this rule as a claim for a liquidated
demand by reason only that part of the claim is for interest


Application to
set aside writ, etc.
(O. 12, r. 7).

Appearance to
originating
summons
(O. 12, r. 8).

Claim for
liquidated
demand
(O. 13,
r. 1).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

accruing after the date of the writ at an unspecified rate,
but any such interest shall be computed from the date of
the writ to the date of entering judgment at the rate of 6 per
cent.

2. Where a writ is indorsed with a claim against a
defendant for unliquidated damages only, then, if that
defendant fails to enter an appearance, the plaintiff may,
after the time limited for appearing, enter interlocutory
judgment against that defendant for damages to be assessed
and costs, and proceed with the action against the other
defendants, if any.

3. Where a writ is indorsed with a claim against a
defendant relating to the detention of goods only, then, if
that defendant fails to enter an appearance, the plaintiff
may, after the time limited for appearing, at his option
enter either —

(a) interlocutory judgment against that defendant
for the delivery of the goods or their value to be
assessed and costs; or

(b) interlocutory judgment for the value of the
goods to be assessed and costs,

and proceed with the action against the other defendants, if
any.

4. (1) Where a writ is indorsed with a claim against
a defendant for possession of land only, then, subject to
paragraph (2), if that defendant fails to enter an appearance
the plaintiff may, after the time limited for appearing, and
on producing a certificate by his attorney, or (if he sues in
person) an affidavit, stating that he is not claiming any
relief in the action of the nature specified in Order 77, rule
1, enter judgment for possession of the land as against that
defendant and costs, and proceed with the action against
the other defendants, if any.

(2) Notwithstanding anything in paragraph (1), the
plaintiff shall not be entitled, except with the leave of the
Court, to enter judgment under that paragraph unless he
produces a certificate by his attorney, or (if he sues in
person) an affidavit, stating either that the claim does not
relate to a dwelling-house or that the claim relates to a
dwelling-house of which the value exceeds $10,000.

Claim for
unliquidated
damages
(O. 13, r. 2).

Claim in detinue
(O. 13, r. 3).

Claim for
possession of
land
(O. 13, r. 4).

CH.53 – 58] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) An application for leave to enter judgment under
paragraph (2) shall be by summons stating the grounds of
the application, and the summons must, unless the Court
otherwise orders and notwithstanding anything in Order
61, rule 9, be served on the defendant against whom it is
sought to enter judgment.

(4) If the Court refuses leave to enter judgment, it
may make or give any such order or directions as it might
have made or given had the application been an application
for judgment under Order 14, rule 1.

(5) Where there is more than one defendant, judgment
entered under this rule shall not be enforced against any
defendant unless and until judgment for possession of the
land has been entered against all the defendants.

5. Where a writ issued against any defendant is
indorsed with two or more of the claims mentioned in the
foregoing rules, and no other claim, then, if that defendant
fails to enter an appearance, the plaintiff may, after the
time limited for appearing, enter against that defendant
such judgment in respect of any such claim as he would be
entitled to enter under those rules if that were the only
claim indorsed on the writ, and proceed with the action
against the other defendants, if any.

6. (1) Where a writ is indorsed with a claim of a
description not mentioned in rules 1 to 4, then, if any
defendant fails to enter an appearance, the plaintiff may,
after the time limited for appearing and upon filing an
affidavit proving due service of the writ on that defendant
and, where the statement of claim was not indorsed on or
served with the writ, upon serving a statement of claim on
him, proceed with the action as if that defendant had
entered an appearance.

(2) Where a writ issued against a defendant is
indorsed as aforesaid, but by reason of the defendant’s
satisfying the claim or complying with the demands thereof
or any other like reason it has become unnecessary for the
plaintiff to proceed with the action, then, if the defendant
fails to enter an appearance, the plaintiff may, after the
time limited for appearing, enter judgment with the leave
of the Court against that defendant for costs.

(3) An application for leave to enter judgment under
paragraph (2) shall be by summons which must, unless the
Court otherwise orders, and notwithstanding anything in


Mixed claims
(O. 13, r. 5).

Other claims
(O. 13, r. 6).

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Order 61, rule 9, be served on the defendant against whom
it is sought to enter judgment.

7. (1) Judgment shall not be entered against a
defendant under this Order unless —

(a) an affidavit is filed by or on behalf of the
plaintiff proving due service of the writ or notice
of the writ on the defendant; or

(b) the plaintiff produces the writ indorsed by the
defendant’s attorney with a statement that he
accepts service of the writ on the defendant’s
behalf.

(2) Where, in an action begun by writ, an
application is made to the Court for an order affecting a
party who has failed to enter an appearance, the Court
hearing the application may require to be satisfied in such
manner as it thinks fit that the party is in default of
appearance.

8. The Court may, on such terms as it thinks just,
set aside or vary any judgment entered in pursuance of this
Order.

ORDER 14
SUMMARY JUDGMENT

(R.S.C. 1978)

1. (1) Where in an action to which this rule applies
a statement of claim has been served on a defendant and
that defendant has entered an appearance in the action, the
plaintiff may, on the ground that the defendant has no
defence to a claim included in the writ, or to a particular
part of such a claim, or has no defence to such a claim or
part except as to the amount of any damages claimed,
apply to the Court for judgment against that defendant.

(2) Subject to paragraph (3), this rule applies to every
action begun by writ other than one which includes —

(a) a claim by the plaintiff for libel, slander,
malicious prosecution, false imprisonment,
seduction or breach of promise of marriage; or

(b) a claim by the plaintiff based on an allegation of
fraud.

(3) This Order shall not apply to an action to which
Order 75 applies.

Proof of service
of writ
(O. 13, r. 7).

Setting aside
judgment
(O. 13, r. 8).

Application by
plaintiff for
summary
judgment
(O. 14, r. 1).

CH.53 – 60] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

2. (1) An application under rule 1 must be made by
summons supported by an affidavit verifying the facts on
which the claim, or the part of a claim, to which the
application relates is based and stating that in the
deponent’s belief there is no defence to that claim or part,
as the case may be, or no defence except as to the amount
of any damages claimed.

(2) Unless the Court otherwise directs, an affidavit
for the purposes of this rule may contain statements of
information or belief with the sources and grounds thereof.

(3) The summons, a copy of the affidavit in support
and of any exhibits referred to therein must be served on
the defendant not less than 10 clear days before the return
day.

3. (1) Unless on the hearing of an application under
rule 1 either the Court dismisses the application or the
defendant satisfies the Court with respect to the claim, or
the part of a claim, to which the application relates that
there is an issue or question in dispute which ought to be
tried or that there ought for some other reason to be a trial
of that claim or part, the Court may give such judgment for
the plaintiff against that defendant on that claim or part as
may be just having regard to the nature of the remedy or
relief claimed.

(2) The Court may by order, and subject to such
conditions, if any, as may be just, stay execution of any
judgment given against a defendant under this rule until
after the trial of any counterclaim made or raised by the
defendant in the action.

4. (1) A defendant may show cause against an
application under rule 1 by affidavit or otherwise to the
satisfaction of the Court.

(2) Rule 2(2) applies for the purposes of this rule as
it applies for the purposes of that rule.

(3) The Court may give a defendant against whom
such an application is made leave to defend the action with
respect to the claim, or the part of a claim, to which the
application relates either unconditionally or on such terms
as to giving security or time or mode of trial or otherwise
as it thinks fit.

Manner in which
application under
rule 1 must be
made
(O. 14, r. 2).

Judgment for
plaintiff
(O. 14, r. 3).

Leave to defend
(O. 14, r. 4).

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(4) On the hearing of such an application the Court
may order a defendant showing cause or, where that
defendant is a body corporate, any director, manager,
secretary or other similar officer thereof, or any person
purporting to act in any such capacity —

(a) to produce any document;
(b) if it appears to the Court that there are special

circumstances which make it desirable that he
should do so, to attend and be examined on oath.

5. (1) Where a defendant to an action begun by
writ has served a counterclaim on the plaintiff, then,
subject to paragraph (3), the defendant may, on the ground
that the plaintiff has no defence to a claim made in the
counterclaim, or to a particular part of such a claim, apply
to the Court for judgment against the plaintiff on that claim
or part.

(2) Rules 2, 3 and 4 shall apply in relation to an
application under this rule as they apply in relation to an
application under rule 1 but with the following modifica-
tions, that is to say —

(a) references to the plaintiff and defendant shall be
construed as references to the defendant and
plaintiff respectively;

(b) the words in rule 3(2) “any counterclaim made or
raised by the defendant in” shall be omitted; and

(c) the reference in rule 4(3) to the action shall be
construed as a reference to the counter-claim to
which the application under this rule relates.

(3) This rule shall not apply to a counterclaim which
includes any such claim as is referred to in rule 1(2).

6. (1) Where the Court —
(a) orders that a defendant or a plaintiff have leave

(whether conditional or unconditional) to defend
an action or counterclaim, as the case may be,
with respect to a claim or a part of a claim; or

(b) gives judgment for a plaintiff or a defendant on
a claim or part of a claim but also orders that
execution of the judgment be stayed pending the
trial of a counterclaim or of the action, as the
case may be,

the Court shall give directions as to the further conduct of
the action, and Order 25, rules 2 to 7, shall, with the


Application for
summary
judgment on
counterclaim
(O. 14, r. 5).

Directions
(O. 14, r. 6).

CH.53 – 62] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

omission of so much of rule 7(1) as requires parties to
serve a notice specifying the orders and directions which
they require and with any other necessary modifications,
apply as if the application under rule 1 of this Order or rule
5 thereof, as the case may be, on which the order was made
were a summons for directions.

(2) In particular, and if the parties consent, the Court
may direct that the claim in question and any other claim in
the action be tried by the Registrar under the provisions of
these Rules relating to the trial of causes or matters or
questions or issues by the Registrar.

7. (1) If the plaintiff makes an application under
rule 1 where the case is not within this Order or if it appears
to the Court that the plaintiff knew that the defendant relied
on a contention which would entitle him to unconditional
leave to defend then, without prejudice to Order 59, and, in
particular, to rule 4, thereof, the Court may dismiss the
application with costs and may require the costs to be paid
by him forthwith.

(2) The Court shall have the same power to dismiss
an application under rule 5 as it has under paragraph (1) to
dismiss an application under rule 1, and that paragraph
shall apply accordingly with the necessary modifications.

8. (1) Where on an application under rule 1 the
plaintiff obtains judgment on a claim or a part of a claim
against any defendant, he may proceed with the action as
respects any other claim or as respects the remainder of the
claim or against any other defendant.

(2) Where on an application under rule 5 a defendant
obtains judgment on a claim or part of a claim made in a
counterclaim against the plaintiff, he may proceed with the
counterclaim as respects any other claim or as respects the
remainder of the claim or against any other defendant to the
counterclaim.

9. Where the claim to which an application under
rule 1 or rule 5 relates is for the delivery up of a specified
chattel and the Court gives judgment under this Order for
the applicant, it shall have the same power to order the party
against whom judgment is given to deliver up the chattel
without giving him an option to retain it on paying the
assessed value thereof as if the judgment had been given
after trial.

Costs
(O. 14, r. 7).

Right to proceed
with residue of
action or
counterclaim
(O. 14, r. 8).

Judgment for
delivery up of
chattel
(O. 14, r. 9).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

10. A tenant shall have the same right to apply for
relief after judgment for possession of land on the ground
of forfeiture for non-payment of rent has been given under
this Order as if the judgment had been given after the trial.

11. Any judgment given against a party who does
not appear at the hearing of an application under rule 1 or
rule 5 may be set aside or varied by the Court on such
terms as it thinks just.

ORDER 15
CAUSES OF ACTION, COUNTERCLAIMS AND

PARTIES
(R.S.C. 1978)

1. (1) Subject to rule 5(1), a plaintiff may in one
action claim relief against the same defendant in respect of
more than one cause of action —

(a) if the plaintiff claims, and the defendant is
alleged to be liable, in the same capacity in
respect of all the causes of action; or

(b) if the plaintiff claims or the defendant is alleged
to be liable in the capacity of executor or
administrator of an estate in respect of one or
more of the causes of action and in his personal
capacity but with reference to the same estate in
respect of all the others; or

(c) with the leave of the Court.
(2) An application for leave under this rule must be

made ex parte by affidavit before the issue of the writ or
originating summons, as the case may be, and the affidavit
must state the grounds of the application.

2. (1) Subject to rule 5(2), a defendant in any action
who alleges that he has any claim or is entitled to any relief
or remedy against a plaintiff in the action in respect of any
matter (whenever and however arising) may, instead of
bringing a separate action, make a counterclaim in respect of
that matter; and where he does so he must add the
counterclaim to his defence.

(2) Rule 1 shall apply in relation to a counterclaim
as if the counterclaim were a separate action and as if the
person making the counterclaim were the plaintiff and the
person against whom it is made a defendant.

Relief against
forfeiture
(O. 14, r. 10).

Setting aside
judgment
(O. 14, r. 11).

Joinder of causes
of action
(O. 15, r. 1).

Counterclaim
against plaintiff
(O. 15, r. 2).

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) A counterclaim may be proceeded with notwith-
standing that judgment is given for the plaintiff in the
action or that the action is stayed, discontinued or
dismissed.

(4) Where a defendant establishes a counterclaim
against the claim of the plaintiff and there is a balance in
favour of one of the parties, the Court may give judgment
for the balance, so, however, that this provision shall not be
taken as affecting the Court’s discretion with respect to
costs.

3. (1) Where a defendant to an action who makes a
counterclaim against the plaintiff alleges that any other
person (whether or not a party to the action) is liable to him
along with the plaintiff in respect of the subject-matter of
the counterclaim, or claims against such other person any
relief relating to or connected with the original subject-
matter of the action, then subject to rule 5(2), he may join
that other person as a party against whom the counterclaim
is made.

(2) Where a defendant joins a person as a party
against whom he makes a counterclaim, he must add that
person’s name to the title of the action and serve on him a
copy of the counterclaim; and a person on whom a copy of
a counterclaim is served under this paragraph shall, if he is
not already a party to the action, become a party to it as
from the time of service with the same rights in respect of
his defence to the counterclaim and otherwise as if he had
been duly sued in the ordinary way by the party making the
counterclaim.

(3) A defendant who is required by paragraph (2) to
serve a copy of the counterclaim made by him on any
person who before service is already a party to the action
must do so within the period which, by virtue of Order 18,
rule 2, he must serve on the plaintiff the defence to which
the counterclaim is added.

(4) The appropriate office for the entry of appearance
to a counterclaim by a person who is not already a party to
the action is the Registry.

(5) Where by virtue of paragraph (2) a copy of a
counterclaim is required to be served on a person who is
not already a party to the action, the following provisions


Counterclaim
against
additional parties
(O. 15, r. 3).

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of these Rules, namely, Order 10 (except rule 1(4)), Order
11 (except rule 3), Orders 12 and 13 and Order 67, rule 4,
shall, subject to the last foregoing paragraph, apply in
relation to the counterclaim and the proceedings arising
from it as if —

(a) the counterclaim were a writ and the proceedings
arising from it an action; and

(b) the party making the counterclaim were a
plaintiff and the party against whom it is made a
defendant in that action.

(6) A copy of a counterclaim required to be served
on a person who is not already a party to the action must be
indorsed with a notice, in Form No. 17 in Appendix A,
addressed to that person —

(a) stating the effect of Order 12, rule 1, as applied
by paragraph (5);

(b) stating that the Registry is the appropriate office
for the entry of appearance by that person to the
counterclaim; and

(c) stating that he may obtain forms of the requisite
documents from the Registry and explaining
how he may do so.

4. (1) Subject to rule 5(1), two or more persons
may be joined together in one action as plaintiffs or as
defendants with the leave of the Court or where —

(a) if separate actions were brought by or against
each of them, as the case may be, some common
question of law or fact would arise in all the
actions; and

(b) all rights to relief claimed in the action (whether
they are joint, several or alternative) are in
respect of or arise out of the same transaction or
series of transactions.

(2) Where the plaintiff in any action claims any
relief to which any other person is entitled jointly with him,
all persons so entitled must, subject to the provisions of
any Act and unless the Court gives leave to the contrary, be
parties to the action and any of them who does not consent
to being joined as a plaintiff must, subject to any order
made by the Court on an application for leave under this
paragraph, be made a defendant. This paragraph shall not
apply to a probate action.

Joinder of parties
(O. 15, r. 4).

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) Where relief is claimed in an action against a
defendant who is jointly liable with some other person and
also severally liable, that other person need not be made a
defendant to the action; but where persons are jointly, but
not severally, liable under a contract and relief is claimed
against some but not all of those persons in an action in
respect of that contract, the Court may, on the application
of any defendant to the action, by order stay proceedings in
the action until the other persons so liable are added as
defendants.

5. (1) If claims in respect of two or more causes of
action are included by a plaintiff in the same action or by a
defendant in a counterclaim, or if two or more plaintiffs or
defendants are parties to the same action, and it appears to
the Court that the joinder of causes of action or of parties,
as the case may be, may embarrass or delay the trial or is
otherwise inconvenient, the Court may order separate trials
or make such other order as may be expedient.

(2) If it appears on the application of any party
against whom a counterclaim is made that the subject-
matter of the counterclaim ought for any reason to be
disposed of by a separate action, the Court may order the
counterclaim to be struck out or may order it to be tried
separately or make such other order as may be expedient.

6. (1) No cause or matter shall be defeated by
reason of the misjoinder or non-joinder of any party; and
the Court may in any cause or matter determine the issues
or questions in dispute so far as they affect the rights and
interests of the persons who are parties to the cause or
matter.

(2) At any stage of the proceedings in any cause or
matter the Court may on such terms as it thinks just and
either of its own motion or on application —

(a) order any person who has been improperly or
unnecessarily made a party of who has for any
reason ceased to be a proper or necessary party,
to cease to be a party;

(b) order any of the following persons to be added
as a party, namely —

(i) any person who ought to have been joined
as a party or whose presence before the
Court is necessary to ensure that all matters


Court may order
separate trials,
etc.
(O. 15, r. 5).

Misjoinder and
non-joinder of
parties
(O. 15, r. 6).

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in dispute in the cause or matter may be
effectually and completely determined and
adjudicated upon; or

(ii) any person between whom and any party
to the cause or matter there may exist a
question or issue arising out of or relating
to or connected with any relief or remedy
claimed in the cause or matter which in the
opinion of the Court it would be just and
convenient to determine as between him
and that party as well as between the
parties to the cause or matter,

but no person shall be added as a plaintiff without his
consent signified in writing or in such other manner as may
be authorised.

(3) An application by any person for an order under
paragraph (2) adding him as a party must, except with the
leave of the Court, be supported by an affidavit showing
his interest in the matters in dispute in the cause or matter
or, as the case may be, the question or issue to be
determined as between him and any party to the cause or
matter.

7. (1) Where any person against whom an action
would have lain has died but the cause of action survives,
the action may, if no grant of probate or administration has
been made, be brought against the estate of the deceased.

(2) Without prejudice to the generality of paragraph
(1), an action brought against “the personal representatives
of A.B. deceased” shall be treated, for the purposes of that
paragraph, as having been brought against his estate.

(3) An action purporting to have been commenced
against a defendant who has died shall, if the cause of
action survives and no grant of probate or administration
has been made, be treated as having been brought against
his estate in accordance with paragraph (1).

(4) In any such action as is referred to in paragraph
(1) or (3) —

Proceedings
against estates
(O. 15, r. 7).

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(a) the plaintiff shall, during the period of validity for
service of the writ or originating summons, apply
to the Court for an order appointing a person to
represent the deceased’s estate for the purpose of
the proceedings or, if a grant of probate or
administration has been made since the
commencement of the action, for an order that
the personal representative of the deceased be
made a party to the proceedings, and in either
case for an order that the proceedings be carried
on against the person so appointed or, as the case
may be, against the personal representative, as if
he had been substituted for the estate;

(b) the Court may, at any stage of the proceedings
and on such terms as it thinks just and either of its
own motion or on application, make any such
order as is mentioned in subparagraph (a) and
allow such amendments (if any) to be made and
make such other order as the Court thinks
necessary in order to ensure that all matters in
dispute in the proceedings may be effectually and
completely determined and adjudicated upon.

(5) Before making an order under paragraph (4) the
Court may require notice to be given to any insurer of the
deceased who has an interest in the proceedings and to
such (if any) of the persons having an interest in the estate
as it thinks fit.

(6) Where an order is made under paragraph (4),
rules 8(4) and 9(3) and (4) shall apply as if the order had
been made under rule 7 on the application of the plaintiff.

(7) Where no grant of probate or administration has
been made, any judgment or order given or made in the
proceedings shall bind the estate to the same extent as it
would have been bound if a grant had been made and a
personal representative of the deceased had been a party to
the proceedings.

8. (1) Where a party to an action dies or becomes
bankrupt but the cause of action survives, the action shall
not abate by reason of the death or bankruptcy.

(2) Where at any stage of the proceedings in any
cause or matter the interest or liability of any party is assigned
or transmitted to or devolves upon some other person, the
Court may, if it thinks it necessary in order to ensure that


Change of parties
by reason of
death, etc.,
(O. 15, r. 8).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

all matters in dispute in the cause or matter may be
effectually and completely determined and adjudicated
upon, order that other person to be made a party to the
cause or matter and the proceedings to be carried on as if
he had been substituted for the first mentioned party. An
application for an order under this paragraph may be made
ex parte.

(3) An order may be made under this rule for a
person to be made a party to a cause or matter
notwithstanding that he is already a party to it on the other
side of the record, or on the same side but in a different
capacity; but —

(a) if he is already a party on the other side, the
order shall be treated as containing a direction
that he shall cease to be a party on that other
side; and

(b) if he is already a party on the same side but in
another capacity, the order may contain a
direction that he shall cease to be a party in that
other capacity.

(4) The person on whose application an order is
made under this rule must procure the order to be noted in
the cause book, and after the order has been so noted that
person must, unless the Court otherwise directs, serve the
order on every other person who is a party to the cause or
matter or who becomes or ceases to be a party by virtue of
the order and serve with the order on any person who
becomes a defendant a copy of the writ or originating
summons by which the cause or matter was begun.

(5) Any application to the Court by a person served
with an order made ex parte under this rule for the
discharge or variation of the order must be made within 14
days after the service of the order on that person.

9. (1) Where an order is made under rule 6 the writ
by which the action in question was begun must be
amended accordingly and must be indorsed with —

(a) a reference to the order in pursuance of which
the amendment is made; and

(b) the date on which the amendment is made; and
the amendment must be made within such period
as may be specified in the order or, if no period is
so specified, within 14 days after the making of
the order.

Provisions
consequential on
making of order
under rule 6 or 8
(O. 15, r. 9).

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Where by an order under rule 6 a person is to be
made a defendant, the rules as to service of a writ of
summons shall apply accordingly to service of the
amended writ on him, but before serving the writ on him
the person on whose application the order was made must
procure the order to be noted in the cause book.

(3) Where by an order under rule 6 or 8 a person is
to be made a defendant the rules as to entry of appearance
shall apply accordingly to entry of appearance by him,
subject, in the case of a person to be made a defendant by
an order under rule 7, to the modification that the time
limited for appearing shall begin with the date on which
the order is served on him under rule 7(4) or, if the order is
not required to be served on him, with the date on which
the order is noted in the cause book.

(4) Where by an order under rule 6 or 7 a person is to
be added as a party or is to be made a party in substitution
for some other party, that person shall not become a party
until —

(a) where the order is made under rule 6, the writ
has been amended in relation to him under this
rule and (if he is a defendant) has been served on
him; or

(b) where the order is made under rule 7, the order
has been served on him under rule 7(4) or, if the
order is not required to be served on him, the
order has been noted in the cause book,

and where by virtue of the foregoing provision a person
becomes a party in substitution for some other party, all
things done in the course of the proceedings before the
making of the order shall have effect in relation to the new
party as they had in relation to the old, except that entry of
appearance by the old party shall not dispense with entry of
appearance by the new.

(5) The foregoing provisions of this rule shall apply
in relation to an action begun by originating summons as
they apply in relation to an action begun by writ.

10. (1) If after the death of a plaintiff or defendant in
any action the cause of action survives, but no order under
rule 7 is made substituting as plaintiff any person in whom
the cause of action vests or, as the case may be, the
personal representatives of the deceased defendant, the
defendant or, as the case may be, those representatives


Failure to
proceed after
death of party
(O. 15, r. 10).

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may apply to the Court for an order that unless the action is
proceeded with within such time as may be specified in the
order the action shall be struck out as against the plaintiff
or defendant, as the case may be, who has died; but where
it is the plaintiff who has died, the Court shall not make an
order under this rule unless satisfied that due notice of the
application has been given to the personal representatives
(if any) of the deceased plaintiff and to any other interested
persons who, in the opinion of the Court, should be
notified.

(2) Where in any action a counterclaim is made by a
defendant, this rule shall apply in relation to the counter-
claim as if the counterclaim were a separate action and as if
the defendant making the counterclaim were the plaintiff
and the person against whom it is made a defendant.

11. (1) Without prejudice to rule 6, the Court may at
any stage of the proceedings in an action for possession of
land order any person not a party to the action who is in
possession of the land (whether in actual possession or by a
tenant) to be added as a defendant.

(2) An application by any person for an order under
this rule may be made ex parte, supported by an affidavit
showing that he is in possession of the land in question and
if by a tenant, naming him.

(3) A person added as a defendant by an order under
this rule must serve a copy of the order on the plaintiff and
must enter an appearance in the action within such period,
if any, as may be specified in the order or, if no period is so
specified, within 7 days after the making of the order, and
the rules as to entry of appearance shall apply accordingly
to entry of appearance by him.

12. Before the name of any person is used in any
action as a relator, that person must give a written
authorisation so to use his name to his attorney and the
authorisation must be filed in the Registry.

13. (1) Where numerous persons have the same
interest in any proceedings, not being such proceedings as
are mentioned in rule 14, the proceedings may be begun,
and, unless the Court otherwise orders, continued, by or
against any one or more of them as representing all or as
representing all except one or more of them.

Actions for
possession of
land (O. 15, r.
11).

Relator actions
(O. 15, r. 12).

Representative
proceedings
(O. 15, r. 13).

CH.53 – 72] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) At any stage of proceedings under this rule the
Court may, on the application of the plaintiff, and on such
terms, if any, as it thinks fit, appoint any one or more of the
defendants or other persons as representing whom the
defendants are sued to represent all, or all except one or
more, of those persons in the proceedings, and where, in
exercise of the power conferred by this paragraph, the
Court appoints a person not named as a defendant, it shall
make an order under rule 6 adding that person as a
defendant.

(3) A judgment or order given in proceedings under
this rule shall be binding on all the persons as representing
whom the plaintiffs sue or, as the case may be, the
defendants are sued, but shall not be enforced against any
person not a party to the proceedings except with the leave
of the Court.

(4) An application for the grant of leave under
paragraph (3) must be made by summons which must be
served personally on the person against whom it is sought
to enforce the judgment or order.

(5) Notwithstanding that a judgment or order to
which any such application relates is binding on the person
against whom the application is made, that person may
dispute liability to have the judgment or order enforced
against him on the ground that by reason of facts and
matters particular to his case he is entitled to be exempted
from such liability.

(6) The Court hearing an application for the grant of
leave under paragraph (3) may order the question whether
the judgment or order is enforceable against the person
against whom the application is made to be tried and
determined in any manner in which any issue or question
in an action may be tried and determined.

14. (1) In any proceedings concerning —
(a) the estate of a deceased person; or
(b) property subject to a trust; or
(c) the construction of a written instrument, includ-

ing a statute,
the Court, if satisfied that it is expedient so to do, and that
one or more of the conditions specified in paragraph (2) are
satisfied, may appoint one or more persons to represent any
person (including an unborn person) or class who is or may
be interested (whether presently or for any future,


Representation
of interested
persons who
cannot be
ascertained, etc.
(O. 15, r. 14).

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contingent or unascertained interest) in or affected by the
proceedings.

(2) The conditions for the exercise of the power
conferred by paragraph (1) are as follows —

(a) that the person, the class or some member of the
class, cannot be ascertained or cannot readily be
ascertained;

(b) that the person, class or some member of the
class, though ascertained cannot be found;

(c) that, though the person or the class and the
members thereof can be ascertained and found, it
appears to the Court expedient (regard being had
to all the circumstances, including the amount at
stake and the degree of difficulty of the point to
be determined) to exercise the power for the
purpose of saving expense.

(3) Where in any proceedings to which paragraph
(1) applies, the Court exercises the power conferred by that
paragraph, a judgment or order of the Court given or made
when the person or persons appointed in exercise of that
power are before the Court shall be binding on the person
or class represented by the person or persons so appointed.

(4) Where, in any such proceedings, a compromise
is proposed and some of the persons who are interested in,
or who may be affected by, the compromise are not parties
to the proceedings (including unborn or unascertained
persons) but —

(a) there is some other person in the same interest
before the Court who assents to the compromise
or on whose behalf the Court sanctions the
compromise; or

(b) the absent persons are represented by a person
appointed under paragraph (1) who so assents,

the Court, if satisfied that the compromise will be for the
benefit of the absent persons and that it is expedient to
exercise this power, may approve the compromise and
order that it shall be binding on the absent persons, and
they shall be bound accordingly except where the order has
been obtained by fraud or non-disclosure of material facts.

CH.53 – 74] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

15. (1) Any proceedings, including proceedings to
enforce a security by foreclosure or otherwise, may be
brought by or against trustees, executors or administrators
in their capacity as such without joining any of the persons
having a beneficial interest in the trust or estate, as the case
may be; and any judgment or order given or made in those
proceedings shall be binding on those persons unless the
Court in the same or other proceedings otherwise orders on
the ground that the trustees, executors or administrators, as
the case may be, could not or did not in fact represent the
interests of those persons in the first mentioned
proceedings.

(2) Paragraph (1) is without prejudice to the power
of the Court to order any person having such an interest as
aforesaid to be made a party to the proceedings or to make
an order under rule 14.

16. (1) Where in any proceedings it appears to the
Court that a deceased person was interested in the matter in
question in the proceedings and that he has no personal
representative, the Court may, on the application of any
party to the proceedings, proceed in the absence of a
person representing the estate of the deceased person or
may by order appoint a person to represent that estate for
the purposes of the proceedings; and any such order, and
any judgment or order subsequently given or made in the
proceedings, shall bind the estate of the deceased to the
same extent as it would have been bound had a personal
representative of that person been a party to the
proceedings.

(2) Before making an order under this rule, the
Court may require notice of the application for the order to
be given to such (if any) of the persons having an interest
in the estate as it thinks fit.

17. No action or other proceedings shall be open to
objection on the ground that a merely declaratory judgment
or order is sought thereby, and the Court may make
binding a declaration of right whether or not any
consequential relief is or could be claimed.

18. The Court may give the conduct of any action,
inquiry or other proceedings to such a person as it thinks
fit.

Representation
of beneficiaries
by trustees, etc.
(O. 15, r. 15).

Representation
of deceased
person interested
in proceedings
(O. 15, r. 16).

Declaratory
judgment (O. 15,
r. 17).

Conduct of
proceedings.
(O. 15, r. 18).

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ORDER 16
THIRD PARTY AND SIMILAR PROCEEDINGS

(R.S.C. 1978)

1. (1) Where in any action a defendant who has
entered an appearance —

(a) claims against a person not already a party to the
action any contribution or indemnity; or,

(b) claims against such a person any relief or remedy
relating to or connected with the original subject-
matter of the action and substantially the same as
some relief or remedy claimed by the plaintiff; or

(c) requires that any question or issue relating to or
connected with the original subject matter of the
action should be determined not only as between
the plaintiff and the defendant but also as
between either or both of them and a person not
already a party to the action,

then, subject to paragraph (2), the defendant may issue a
notice in Form No. 20 or 21 in Appendix A, whichever is
appropriate (in this Order referred to as a third party
notice), containing a statement of the nature of the claim
made against him and, as the case may be, either of the
nature and grounds of the claim made by him or of the
question or issue required to be determined.

(2) A defendant to an action may not issue a third
party notice without the leave of the Court unless the
action was begun by writ and he issues the notice before
serving his defence on the plaintiff.

(3) Where a third party notice is served on the
person against whom it is issued, he shall as from the time
of service be a party to the action (in this Order referred to
as a third party) with the same rights in respect of his
defence against any claim made against him in the notice
and otherwise as if he had been duly sued in the ordinary
way by the defendant by whom the notice is issued.

2. (1) Application for leave to issue a third party
notice may be made ex parte but the Court may direct a
summons for leave to be issued.

(2) An application for leave to issue a third party
notice must be supported by an affidavit stating —

Third party
notice
(O. 16, r. 1).

Application for
leave to issue
third party notice
(O. 16, r. 2).

CH.53 – 76] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(a) the nature of the claim made by the plaintiff in
the action;

(b) the stage which proceedings in the action have
reached;

(c) the nature of the claim made by the applicant or
particulars of the question or issue required to be
determined, as the case may be, and the facts on
which the proposed third party notice is based;
and

(d) the name and address of the person against
whom the third party notice is to be issued.

3. (1) The order granting leave to issue a third party
notice may contain directions as to the period within which
the notice is to be issued.

(2) There must be served with every third party
notice a copy of the writ or originating summons by which
the action was begun and of the pleadings (if any) served in
the action.

(3) Appearance to a third party notice must be
entered at the Registry.

(4) Subject to the foregoing provisions of this rule,
the following provisions of these Rules, namely, Order 6,
rule 6(3) and (4), Order 10 (except rule 1(4), Order 11,
(except rule 3), Order 12 and Order 67, rule 4, shall apply
in relation to a third party notice and to the proceedings
begun thereby as if —

(a) the third party notice were a writ and the
proceedings begun thereby an action; and

(b) the defendant issuing the third party notice were
a plaintiff and the person against whom it is
issued a defendant in that action.

4. (1) If the third party enters an appearance, the
defendant who issued the third party notice must, by
summons to be served on all the other parties to the action,
apply to the Court for directions.

(2) If no summons is served on the third party under
paragraph (1), the third party may, not earlier than 7 days
after entering an appearance, by summons to be served on
all the other parties to the action, apply to the Court for
directions or for an order to set aside the third party
notice.

Issue and service
of, and entry of
appearance to,
third party notice
(O. 16, r. 3).

Third party
directions
(O. 16, r. 4).

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(3) On the application for directions under this rule
the Court may —

(a) if the liability of the third party to the defendant
who issued the third party notice is established
on the hearing, order such judgment as the
nature of the case may require to be entered
against the third party in favour of the defen-
dant; or

(b) order any claim, question or issue stated in the
third party notice to be tried in such manner as
the Court may direct; or

(c) dismiss the application and terminate the pro-
ceedings on the third party notice,

and may do so either before or after any judgment in the
action has been signed by the plaintiff against the
defendant.

(4) On the application for directions under this rule
the Court may give the third party leave to defend the
action, either alone or jointly with any defendant upon such
terms as may be just, or to appear at the trial and to take
such part therein as may be just, and generally may make
such orders and give such directions as appear to the Court
proper for having the rights and liabilities of the parties
most conveniently determined and enforced and as to the
extent to which the third party is to be bound by any
judgment or decision in the action.

(5) Any order made or direction given under this
rule may be varied or rescinded by the Court at any time.

5. (1) If a third party does not enter an appearance
or, having been ordered to serve a defence, fails to do so —

(a) he shall be deemed to admit any claim stated in
the third party notice and shall be bound by any
judgment (including judgment by consent) or
decision in the action in so far as it is relevant to
any claim, question or issue stated in that notice;
and

(b) the defendant by whom the third party notice was
issued may, if judgment in default is given
against him in the action, at any time after
satisfaction of that judgment and, with the leave
of the Court, before satisfaction thereof, enter
judgment against the third party in respect of any


Default of third
party, etc.
(O. 16, r. 5).

CH.53 – 78] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

contribution or indemnity claimed in the notice,
and with the leave of the Court, in respect of any
other relief or remedy claimed therein.

(2) If a third party or the defendant by whom a third
party notice was issued makes default in serving any
pleading which he is ordered to serve, the Court may, on
the application by summons of that defendant or the third
party, as the case may be, order such judgment to be
entered for the applicant as he is entitled to on the
pleadings or may make such other order as may appear to
the Court necessary to do justice between the parties.

(3) The Court may at any time set aside or vary a
judgment entered under paragraph (1)(b) or paragraph (2)
on such terms (if any) as it thinks just.

6. Proceedings on a third party notice may, at any
stage of the proceedings, be set aside by the Court.

7. (1) Where in any action a defendant has served a
third party notice, the Court may at or after the trial of the
action or, if the action is decided otherwise than by trial, on
an application by summons or motion, order such judgment
as the nature of the case may require to be entered for the
defendant against the third party or for the third party
against the defendant.

(2) Where in an action judgment is given against a
defendant and judgment is given for the defendant against
a third party, execution shall not issue against the third
party without the leave of the Court until the judgment
against the defendant has been satisfied.

8. (1) Where in any action a defendant who has
entered an appearance —

(a) claims against a person who is already a party to
the action any contribution or indemnity; or

(b) claims against such a person any relief or
remedy relating to or connected with the original
subject-matter of the action and substantially the
same as some relief or remedy claimed by the
plaintiff; or

(c) requires that any question or issue relating to or
connected with the original subject-matter of the
action should be determined not only as between
the plaintiff and himself but also as between
either or both of them and some other person
who is already a party to the action,

Setting aside
third party
proceedings
(O. 16, r. 6).

Judgment
between
defendant and
third party
(O. 16, r. 7).

Claims and issues
between a
defendant and
some other party
(O. 16, r. 8).

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then, subject to paragraph (2), the defendant may, without
leave, issue and serve on that person a notice containing a
statement of the nature and grounds of his claim or, as the
case may be, of the question or issue required to be
determined.

(2) Where a defendant makes such a claim as is
mentioned in paragraph (1) and that claim could be made
by him by counterclaim in the action, paragraph (1) shall
not apply in relation to the claim.

(3) No appearance to such a notice shall be
necessary if the person on whom it is served has entered an
appearance in the action or is a plaintiff therein, and the
same procedure shall be adopted for the determination
between the defendant by whom, and the person on whom,
such a notice is served of the claim, question or issue stated
in the notice as would be appropriate under this Order if
the person served with the notice were a third party and
(where he has entered an appearance in the action or is a
plaintiff) had entered an appearance to the notice.

(4) Rule 4(2) shall have effect in relation to proceed-
ings on a notice issued under this rule as if for the words “7
days after entering an appearance” there were substituted the
words “14 days after service of the notice on him”.

9. (1) Where a defendant has served a third party
notice and the third party makes such a claim or
requirement as is mentioned in rule 1 or rule 8, this Order
shall, with the modification mentioned in paragraph (2) and
any other necessary modifications, apply as if the third
party were a defendant; and similarly where any further
person to whom by virtue of this rule this Order applies as
if he were a third party makes such a claim or requirement.

(2) The modification referred to in paragraph (1) is
that paragraph (3) shall have effect in relation to the issue
of a notice under rule 1 by a third party in substitution for
rule 1 (2).

(3) A third party may not issue a notice under rule 1
without the leave of the Court unless the action in question
was begun by writ and he issues the notice before the
expiration of 14 days after the time limited for appearing to
the notice issued against him.

Claims by third
and subsequent
parties
(O. 16, r. 9).

CH.53 – 80] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

10. If, at any time after he has entered an
appearance, a party to an action who, either as a third party
or as one of two or more tortfeasors liable in respect of the
same damage, stands to be held liable in the action to
another party to contribute towards any debt or damages
which may be recovered against that other party in the
action, makes (without prejudice to his defence) a written
offer to that other party to contribute to a specified extent
to the debt or damages, then, notwithstanding that he
reserves the right to bring the offer to the attention of the
judge at the trial, the offer shall not be brought to the
attention of the judge until after all questions of liability
and amount of debt or damages have been decided.

11. Where in any action a counterclaim is made by a
defendant, the foregoing provisions of this Order shall
apply in relation to the counterclaim as if the subject-
matter of the counterclaim were the original subject-matter
of the action, and as if the person making the counterclaim
were the plaintiff and the person against whom it is made a
defendant.

ORDER 17
INTERPLEADER

(R.S.C. 1978)

1. (1) Where —
(a) a person is under a liability in respect of a debt or

in respect of any money, goods or chattels and he
is, or expects to be, sued for or in respect of that
debt or money or those goods or chattels by two
or more persons making adverse claims thereto;
or

(b) claim is made to any money, goods or chattels
taken or intended to be taken by a bailiff in
execution under any process, or to the proceeds
or value of any such goods or chattels, by a
person other than the person against whom the
process is issued,

the person under liability as mentioned in subparagraph (a),
or (subject to rule 2) the bailiff, may apply to the Court for
relief by way of interpleader.

Offer of
contribution
(O. 16, r. 10).

Counterclaim by
defendant
(O. 16, r. 11).

Entitlement to
relief by way of
interpleader
(O. 17, r. 1).

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(2) Reference in this Order to a bailiff shall be
construed as including references to any other officer
charged with the execution of process by or under the
authority of the Supreme Court.

2. (1) Any person making a claim to or in respect of
any money, goods or chattels taken or intended to be taken
in execution under process of the Court, or to the proceeds
or value of any such goods or chattels, must give notice of
his claim to the bailiff charged with the execution of the
process and must include in his notice a statement of his
address, and that address shall be his address for service.

(2) On receipt of a claim made under this rule the
bailiff must forthwith give notice thereof to the execution
creditor and the execution creditor must, within 4 days
after receiving the notice, give notice to the bailiff
informing him whether he admits or disputes the claim. An
execution creditor who gives notice in accordance with this
paragraph admitting a claim shall only be liable to the
bailiff for any fees and expenses incurred by the bailiff
before receipt of that notice.

(3) Where —
(a) the bailiff receives a notice from an execution

creditor under paragraph (2) disputing a claim,
or the execution creditor fails, within the period
mentioned in that paragraph, to give the required
notice; and

(b) the claim made under this rule is not withdrawn,
the bailiff may apply to the Court for relief under this
Order.

(4) A bailiff who receives a notice from an
execution creditor under paragraph (2) admitting a claim
made under this rule shall withdraw from possession of the
money, goods or chattels claimed and may apply to the
Court for relief under this Order of the following kind, that
is to say, an order restraining the bringing. of an action
against him for or in respect of his having taken possession
of that money or those goods or chattels.

3. (1) An application for relief under this Order must
be made by originating summons unless made in a pending
action, in which case it must be made by summons in the
action.

Claim to goods,
etc., taken in
execution
(O. 17, r. 2).

Mode of
application
(O. 17, r. 3).

CH.53 – 82] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Where the applicant is a bailiff who has
withdrawn from possession of money, goods or chattels
taken in execution and who is applying for relief under rule
2(4), the summons must be served on any person who made
a claim under that rule to or in respect of that money or
those goods or chattels, and that person may attend the
hearing of the application.

(3) No appearance need be entered to an originating
summons under this rule.

(4) Subject to paragraph (5), a summons under this
rule must be supported by evidence that the applicant —

(a) claims no interest in the subject-matter in
dispute other than for charges or costs;

(b) does not collude with any of the claimants to
that subject-matter; and

(c) is willing to pay or transfer that subject-matter
into court or to dispose of it as the Court may
direct.

(5) Where the applicant is a bailiff, he shall not
provide such evidence as is referred to in paragraph (4)
unless directed by the Court so to do.

4. An application to the Court for relief under this
Order may, if the applicant is a bailiff, be made to the
Registrar.

5. (1) Where on the hearing of a summons under
this Order all the persons by whom adverse claims to the
subject-matter in dispute (hereafter in this Order referred to
as “the claimants”) appear, the Court may order —

(a) that any claimant be made a defendant in any
action pending with respect to the subject-matter
in dispute in substitution for or in addition to the
applicant for relief under this Order; or

(b) that an issue between the claimants be stated and
tried and may direct which of the claimants is to
be plaintiff and which defendant.

(2) Where —
(a) the applicant on a summons under this Order is a

bailiff; or
(b) all the claimants consent or any of them so

request; or

To whom bailiff
may apply for
relief
(O. 17, r. 4).

Powers of Court
hearing summons
(O. 17, r. 5).

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(c) the question at issue between the claimants is a
question of law and the facts are not in dispute,

the Court may summarily determine the question at issue
between the claimants and make an order accordingly on
such terms as may be just.

(3) Where a claimant, having been duly served with
a summons for relief under this Order, does not appear on
the hearing of the summons or, having appeared, fails or
refuses to comply with an order made in the proceedings,
the Court may make an order declaring the claimant, and
all persons claiming under him, forever barred from
prosecuting his claim against the applicant for such relief
and all persons claiming under him, but such an order shall
not affect the rights of the claimants as between
themselves.

6. Where an application for relief under this order
is made by a bailiff who has taken possession of any goods
or chattels in execution under any process, and a claimant
alleges that he is entitled, under a bill of sale or otherwise,
to the goods or chattels by way of security for debt, the
Court may order those goods or chattels or any party
thereof to be sold and may direct that the proceeds of sale
be applied in such manner and on such terms as may be
just and as may be specified in the order.

7. Where a defendant to an action applies for relief
under this Order in the action, the Court may by order stay
all further proceedings in the action.

8. Subject to the foregoing rules of this Order, the
Court may in or for the purposes of any interpleader
proceedings make such order as to costs or any other
matter as it thinks just.

9. Where the Court considers it necessary or
expedient to make an order in any interpleader proceedings
in several causes or matters pending before different
judges, the Court may make such an order; and the order
shall be entitled in all those causes or matters and shall be
binding on all the parties to them.

10. Orders 24 and 26, shall, with the necessary
modifications, apply in relation to an interpleader issue as
they apply in relation to any other cause or matter.

Power to order
sale of goods
taken in
execution
(O. 17, r. 6).

Power to stay
proceedings
(O. 17, r. 7).

Other powers
(O. 17, r. 8).

One order in
several causes or
matters
(O. 17, r. 9).

Discovery
(O. 17, r. 10).

CH.53 – 84] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

11. (1) Order 35 shall, with the necessary modifica-
tions, apply to the trial of an interpleader issue as it applies
to the trial of an action.

(2) The Court by whom an interpleader issue is tried
may give such judgment or make such order as finally to
dispose of all questions arising in the interpleader
proceedings.

ORDER 18
PLEADINGS
(R.S.C. 1978)

1. Unless the Court gives leave to the contrary or a
statement of claim is indorsed on the writ, the plaintiff
must serve a statement of claim on the defendant or, if
there are two or more defendants, on each defendant, and
must do so either when the writ, or notice of the writ, is
served on that defendant or at any time after service of the
writ or notice but before the expiration of 14 days after that
defendant enters an appearance.

2. (1) Subject to paragraph (2), a defendant who
enters an appearance in, and intends to defend, an action
must, unless the Court gives leave to the contrary, serve a
defence on the plaintiff before the expiration of 14 days
after the time limited for appearing or after the statement of
claim is served on him, whichever is the later.

(2) If a summons under Order 14, rule 1, is served
on a defendant before he serves his defence, paragraph (1)
shall not have effect in relation to him unless by the order
made on the summons he is given leave to defend the
action and, in that case, shall have effect as if it required
him to serve his defence within 14 days after the making of
the order on or within such other period as may be
specified therein.

3. (1) A plaintiff on whom a defendant serves a
defence must serve a reply on that defendant if it is needed
for compliance with Rule 8; and if no reply is served, rule
14(1) will apply.

(2) A plaintiff on whom a defendant serves a
counterclaim must, if he intends to defend it, serve on that
defendant a defence to counterclaim.

Trial of
interpleader issue
(O. 17, r. 11).

Service of
statement of
claim
(O. 18,

Service of
defence
(O. 18,

Service of reply
and defence to
counterclaim
(O. 18, r. 3).

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(3) Where a plaintiff serves both a reply and a defence
to counterclaim on any defendant, he must include them in the
same document.

(4) A reply to any defence must be served by the
plaintiff before the expiration of 14 days after the service
on him of that defence, and a defence to counterclaim must
be served by the plaintiff before the expiration of 14 days
after the service on him of the counterclaim to which it
relates.

4. No pleading subsequent to a reply or a defence
to counterclaim shall be served except with the leave of the
Court.

5. (1) Every pleading in an action must bear on its
face —

(a) the year in which the writ in the action was
issued and the number of the action;

(b) the title of the action;
(c) the description of the pleading; and
(d) the date on which it was served.
(2) Every pleading must, if necessary, be divided into

paragraphs numbered consecutively, each allegation being
so far as convenient contained in a separate paragraph.

(3) Dates, sums and other numbers must be expre-
ssed in a pleading in figures and not in words.

(4) Every pleading of a party must be indorsed —
(a) where the party sues or defends in person, with

his name and address;
(b) in any other case, with the name or firm and

business address of the attorney by whom it was
served and also (if the attorney is the agent of
another) the name or firm and business address
of his principal.

(5) Every pleading of a party must be signed by
counsel, an attorney or firm of attorneys, if settled by him
or them, or by the party, if he sues o r defends in person.

6. (1) Subject to the provisions of this rule, and
rules 7, 10, 11 and 12, every pleading must contain, and
contain only, a statement in a summary form of the material
facts on which the party pleading relies for his claim or
defence, as the case may be, but not the evidence by which
those facts are to be proved, and the statement must be as
brief as the nature of the case admits.

Pleadings
subsequent to
reply

Pleadings: formal
requirements
(O. 18, r. 5).

Facts, not
evidence, to be
pleaded
(O. 18, r. 6).

CH.53 – 86] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Without prejudice to paragraph (1), the effect of
any document or the purport of any conversation referred
to in the pleading must, if material, be briefly stated, and
the precise words of the document or conversation shall not
be stated, except in so far as those words are themselves
material.

(3) A party need not plead any fact if it is presumed
by law to be true or the burden of disproving it lies on the
other party, unless the other party has specifically denied it
in his pleading.

(4) A statement that a thing has been done or that an
event has occurred, being a thing or event the doing or
occurrence of which, as the case may be, constitutes a
condition precedent necessary for the case of a party is to
be implied in his pleading.

7. (1) If in any action which is to be tried with
pleadings any party intends, in reliance on section 11 of the
English Civil Evidence Act, 1978 (convictions as evidence
in civil proceedings) to adduce evidence that a person was
convicted of an offence by or before a court in The
Bahamas or by a court-martial there or elsewhere, he must
include in his pleading a statement of his intention with
particulars of —

(a) the conviction and the date thereof;
(b) the court or court-martial which made the

conviction; and
(c) the issue in the proceedings to which the

conviction is relevant.
(2) If in any action which is to be tried with

pleadings any party intends, in reliance on section 12 of the
said Act of 1968 (findings of adultery and paternity as
evidence in civil proceedings) to adduce evidence that a
person was found guilty of adultery in matrimonial
proceedings or was adjudged to be the father of a child in
affiliation proceedings before a court in The Bahamas, he
must include in his pleading a statement of his intention
with particulars —

(a) the finding or adjudication and the date thereof;
(b) the court which made the finding or adjudication

and the proceedings in which it was made; and
(c) the issue in the proceedings to which the finding

or adjudication is relevant.

Conviction, etc.,
to be adduced in
evidence: matters
to be pleaded
(O. 18, r. 7).

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(3) Where a party’s pleading includes such a statement
as is mentioned in paragraph (1) or (2), then if the opposite
party —

(a) denies the conviction, finding of adultery or
adjudication of paternity to which the statement
relates; or

(b) alleges that the conviction, finding or adjudica-
tion was erroneous; or

(c) denies that the conviction, finding or adjudication
is relevant to any issue in the proceedings, he
must make the denial or allegation in his
pleading.

8. (1) A party must in any pleading subsequent to a
statement of claim plead specifically any matter, for
example, performance, release, any relevant statute of
limitation, fraud or any fact showing illegality —

(a) which he alleges makes any claim or defence of
the opposite party not maintainable; or

(b) which, if not specifically pleaded, might take the
opposite party by surprise; or

(c) which raises issues of fact not arising out of the
preceding pleading.

(2) Without prejudice to paragraph (1), a defendant
to an action for the recovery of land must plead specifically
every ground of defence on which he relies, and a plea that
he is in possession of the land by himself or his tenant is
not sufficient.

(3) A claim for exemplary damages must be
specifically pleaded together with the facts on which the
party pleading relies.

9. Subject to rules 6(1), 10 and 15(2), a party may
in any pleading plead any matter which has arisen at any
time, whether before or since the issue of the writ.

10. (1) A party shall not in any pleading make an
allegation of fact, or raise any new ground or claim,
inconsistent with a previous pleading of his.

(2) Paragraph (1) shall not be taken as prejudicing the
right of a party to amend, or apply for leave to amend, his
previous pleading so as to plead the allegations or claims in
the alternative.

Matters which
must be
specifically
pleaded
(O. 18, r. 8).

Matter may be
pleaded
whenever arising
(O. 18, r. 9).

Departure
(O. 18, r. 10).

CH.53 – 88] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

11. A party may by his pleading raise any point of law.

12. (1) Subject to paragraph (2), every pleading must
contain the necessary particulars of any claim, defence or other
matter pleaded including, without prejudice to the generality of
the foregoing words —

(a) particulars of any misrepresentation, fraud,
breach of trust, wilful default or undue influence
on which the party pleading relies; and

(b) where a party pleading alleges any condition of
the mind of any person, whether any disorder or
disability of mind or any malice, fraudulent
intention of other condition of mind except
knowledge, particulars of the facts on which the
party relies.

(2) Where it is necessary to give particulars of debt,
expenses or damages and those particulars exceed 3 folios,
they must be set out in a separate document referred to in
the pleading and the pleading must state whether the
document has already been served and, if so, when, or is to
be served with the pleading.

(3) The Court may order a party to serve on any
other party particulars of any claim, defence or other
matter stated in his pleading, or in any affidavit of his
ordered to stand as a pleading, or a statement of the nature
of the case on which he relies, and the order may be made
on such terms as the Court thinks just.

(4) Where a party alleges as a fact that a person had
knowledge or notice of some fact, matter or thing, then,
without prejudice to the generality of paragraph (3), the
Court may, on such terms as it thinks just, order that party
to serve on any other party —

(a) where he alleges knowledge, particulars of the
facts on which he relies; and

(b) where he alleges notice, particulars of the notice.
(5) An order under this rule shall not be made before

service of the defence unless, in the opinion of the Court, the
order is necessary or desirable to enable the defendant to
plead or for some other special reason.

(6) Where the applicant for an order under this rule
did not apply by letter for the particulars he requires, the
Court may refuse to make the order unless of opinion that
there were sufficient reasons for an application by letter
not having been made.

Points of law
may be pleaded
(O. 18, r. 11).

Particulars of
pleading
(O. 18, r. 12).

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13. (1) Subject to paragraph (4), any allegation of fact
made by a party in his pleading is deemed to be admitted by
the opposite party unless it is traversed by that party in his
pleading or a joinder of issue under rule 14 operates as a
denial of it.

(2) A traverse may be made either by a denial or by
a statement of non-admission and either expressly or by
necessary implication.

(3) Subject to paragraph (4), every allegation of fact
made in a statement of claim or counterclaim which the
party on whom it is served does not intend to admit must
be specifically traversed by him in his defence or defence
to counterclaim, as the case may be; and a general denial of
such allegations, or a general statement or non-admission
of them is not a sufficient traverse of them.

(4) Any allegation that a party has suffered damage
and any allegation as to the amount of damages is deemed
to be traversed unless specifically admitted.

14. (1) If there is no reply to a defence, there is an
implied joinder of issue on that defence.

(2) Subject to paragraph (3) —
(a) there is at the close of pleadings an implied

joinder of issue on the pleading last served; and
(b) a party may in his pleading expressly join issue

on the next preceding pleading.
(3) There can be no joinder of issue, implied or

express, on a statement of claim of counterclaim.
(4) A joinder of issue operates as a denial of every

material allegation of fact made in the pleading on which
there is an implied or express joinder of issue unless, in the
case of an express joinder of issue, any such allegation is
expected from the joinder and is stated to be admitted in
which case the express joinder of issue operates as a denial
of every other such allegation.

15. (1) A statement of claim must state specifically
the relief or remedy which the plaintiff claims; but costs
need not be specifically claimed.

(2) A statement of claim must not contain any
allegation or claim in respect of a cause of action unless
that cause of action is mentioned in the writ or arises from


Admissions and
denials
(O. 18, r. 13).

Denial by joinder
of issue
(O. 18, r. 14).

Statement of
claim
(O. 18, r. 15).

CH.53 – 90] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

facts which are the same as, or include or form part of,
facts giving rise to a cause of action so mentioned; but,
subject to that, a plaintiff may in his statement of claim,
alter, modify or extend any claim made by him in the
indorsement of the writ without amending the indorse-
ment.

(3) Every statement of claim must bear on its face a
statement of the date on which the writ in the action was
issued.

16. Where in any action a defence of tender before
action is pleaded, the defendant must pay into court in
accordance with Order 22 the amount alleged to have been
tendered, and the tender shall not be available as a defence
unless and until payment into court has been made.

17. Where a claim by a defendant to a sum of
money (whether of an ascertained amount or not) is relied
on as a defence to the whole or part of a claim made by the
plaintiff, it may be included in the defence and set-off
against the plaintiff’s claim, whether or not it is also added
as a counterclaim.

18. Without prejudice to the general application of
this Order to a counterclaim and a defence to counterclaim,
or to any provision thereof which applies to either of those
pleadings specifically —

(a) Rule 15(1) shall apply to a counterclaim as if the
counterclaim were a statement of claim and the
defendant making it a plaintiff;

(b) Rules 8(2), 16 and 17 shall, with the necessary
modifications apply to a defence to counterclaim
as they apply to a defence.

19. (1) The Court may at any stage of the proceedings
order to be struck out or amended any pleading or the
indorsement of any writ in the action, or anything in any
pleading or in the indorsement, on the ground that —

(a) it discloses no reasonable cause of action or
defence, as the case may be; or

(b) it is scandalous, frivolous or vexatious; or
(c) it may prejudice, embarrass or delay the fair trial

of the action; or
(d) it is otherwise an abuse of the process of the

court,

Defence of tender
(O. 18, r. 16).

Defence of set-off
(O. 18, r. 17).

Counterclaim
and defence to
counterclaim
(O. 18, r. 18).

Striking out
pleading and
indorsements
(O. 18, r. 19).

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and may order the action to be stayed or dismissed or
judgment to be entered accordingly, as the case may be.

(2) No evidence shall be admissible on an
application under paragraph (1) (a).

(3) This rule shall, so far as applicable, apply to an
originating summons and a petition as if the summons or
petition, as the case may be, were a pleading.

20. (1) The pleadings in an action are deemed to be
closed —

(a) at the expiration of 14 days after service of the
reply or, if there is no reply but only a defence to
counterclaim, after service of the defence to
counterclaim; or

(b) if neither a reply nor a defence to counterclaim
is served, at the expiration of 14 days after
service of the defence.

(2) The pleadings in an action are deemed to be closed
at the time provided by paragraph (1) notwithstanding that
any request or order for particulars has been made but has not
been complied with at that time.

21. (1) Where in an action to which this rule applies
any defendant has entered an appearance in the action, the
plaintiff or that defendant may apply to the Court by
summons for an order that the action shall be tried without
pleadings or further pleadings, as the case may be.

(2) If, on the hearing of an application under this
rule, the Court is satisfied that the issues in dispute
between the parties can be defined without pleadings or
further pleadings, or that for any reason the action can
properly be tried without pleadings or further pleadings, as
the case may be, the Court shall order the action to be tried,
and may direct the parties to prepare a statement of the
issues in dispute or, if the parties are unable to agree such a
statement, may settle the statement itself.

(3) Where the Court makes an order under paragraph
(2), it shall, and where it dismisses an application for such
an order, it may, give such directions as to the further
conduct of the action as may be appropriate, and Order 25,
rules 2 to 7, shall, with the omission of so much of rule 7(1)
as requires parties to serve a notice specifying the orders and
directions which they desire and with any other necessary
modifications, apply as if the application under this rules
were a summons for directions.

Close of
pleadings
(O. 18, r. 20).

Trial without
pleadings
(O. 18, r. 21).

CH.53 – 92] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(4) This rule applies to every action begun by writ
other than one which includes —

(a) a claim by the plaintiff for libel, slander,
malicious prosecution, false imprisonment,
seduction or breach of promise of marriage; or

b) a claim by the plaintiff based on an allegation of
fraud.

22. Nothing in Order 67, rules 36 to 39, shall be
taken as limiting the right of any shipowner or other person
to reply by way of defence on any provision of the Merchant
Shipping Act, which limits the amount of his liability in
connection with a ship or other property.

ORDER 19
DEFAULT OF PLEADINGS

(R.S.C. 1978)

1. Where the plaintiff is required by these rules to
serve a statement of claim on a defendant and he fails to
serve it on him, the defendant may, after the expiration of
the period fixed by or under the Rules for service of the
statement of claim, apply to the Court for an order to
dismiss the action, and the Court may by order dismiss the
action or make such other order on such terms as it thinks
just.

2. (1) Subject to the Order 73, rule 3, where the
plaintiff’s claim against a defendant is for a liquidated
demand only, then, if that defendant fails to serve a
defence on the plaintiff, the plaintiff may, after the
expiration of the period fixed by or under these Rules for
service of the defence, enter final judgment against that
defendant for a sum not exceeding that claimed by the writ
in respect of the demand and for costs, and proceed with
the action against the other defendants, if any.

(2) Order 13, rule 1(2), shall apply for the purposes
of this rule as it applies for the purposes of that rule.

3. Where the plaintiff’s claim against a defendant is
for unliquidated damages only, then, if that defendant fails
to serve a defence on the plaintiff, the plaintiff may, after the
expiration of the period fixed by or under these Rules


Saving for
defence under
Merchant
Shipping Act
(O. 18, r. 22).

Default in service
of statement of
claim
(O. 19, r. 1).

Default of
defence: claim for
liquidated
demand
(O. 19, r. 2).

Default of
defence: claim for
unliquidated
damages
(O. 19, r. 3).

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for service of the defence, enter interlocutory judgment
against that defendant for damages to be assessed and
costs, and proceed with the action against the other
defendants, if any.

4. Where the plaintiff’s claim against a defendant
relates to the detention of goods only, then, if that
defendant fails to serve a defence on the plaintiff, the
plaintiff may, after the expiration of the period fixed by or
under these Rules for service of the defence, enter either —

(a) interlocutory judgment against that defendant
for the delivery of the goods or their value to be
assessed and costs; or

(b) interlocutory judgment for the value of the
goods to be assessed and costs,

and proceed with the action against the other defendants, if
any.

5. (1) Where the plaintiff’s claim against a
defendant is for possession of land only, then subject to
paragraph (2), if that defendant fails to serve a defence on
the plaintiff, the plaintiff may after the expiration of the
period fixed by or under these Rules for service of the
defence, and on producing a certificate by his attorney, or (if
he sues in person) an affidavit, stating that he is not claiming
any relief in the action of the nature specified in Order 77,
rule 1, enter judgment for possession of the land as against
that defendant and for costs, and proceed with the action
against the other defendants, if any.

(2) Notwithstanding anything in paragraph (1), the
plaintiff shall not be entitled, except with the leave of the
Court, to enter judgment under that paragraph unless he
produces a certificate by his attorney, or (if he sues in
person) an affidavit, stating either that the claim does not
relate to a dwelling-house or that the claim relates to a
dwelling-house of which the value exceeds $10,000.

(3) An application for leave to enter judgment under
paragraph (2) shall be by summons stating the grounds of
the application and the summons must, unless the Court
otherwise orders, be served on the defendant against whom
it is sought to enter judgment.

(4) If the Court refuses leave to enter judgment, it
may make or give any such order or directions as it might
have made or given had the application been an application
for judgment under Order 14, rule 1.

Default of
defence: claim in
detinue
(O. 19, r. 4).

Default of
defence: claim for
possession of
land
(O. 19, r. 5).

CH.53 – 94] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(5) Where there is more than one defendant, judgment
entered under this rule shall not be enforced against any
defendant unless and until judgment for possession of the
land has been entered against all the defendants.

6. Where the plaintiff makes against a defendant
two or more of the claims mentioned in rules 2 to 5, and no
other claim, then, if that defendant fails to serve a defence
on the plaintiff the plaintiff may, after the expiration of the
period fixed by or under these Rules for service of the
defence, enter against that defendant such judgment in
respect of any such claim as he would be entitled to enter
under those Rules if that were the only claim made, and
proceed with the action against the other defendants, if any.

7. (1) Where the plaintiff makes against a
defendant or defendants a claim of a description not
mentioned in rules 2 to 5, then, if the defendant or all the
defendants (where there is more than one) fails or fail to
serve a defence on the plaintiff, the plaintiff may, after the
expiration of the period fixed by or under these Rules for
service of the defence, apply to the Court for judgment,
and on the hearing of the application the Court shall give
such judgment as the plaintiff appears entitled to on his
statement of claim.

(2) Where the plaintiff makes such a claim as is
mentioned in paragraph (1) against more than one
defendant, then, if one of the defendants makes default as
mentioned in that paragraph, the plaintiff may —

(a) if his claim against the defendant in default is
severable from his claim against the other
defendants, apply under that paragraph for
judgment against that defendant, and proceed
with the action against the other defendants; or

(b) set down the action on motion for judgment
against the defendant in default at the time when
the action is set down for trial, or is set down on
motion for judgment, against the other defen-
dants.

(3) An application under paragraph (1) must be by
summons.

Default of
defence: mixed
claims
(O. 19, r. 6).

Default of
defence: other
claims
(O. 19, r. 7).

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8. A defendant who counterclaims against a plaintiff
shall be treated for the purposes of rules 2 to 7 as if he were a
plaintiff who had made against a defendant the claim made in
the counterclaim and, accordingly, where the plaintiff or any
other party against whom the counterclaim is made fails to serve
a defence to counterclaim, those rules shall apply as if the
counterclaim were a statement of claim, the defence to
counterclaim a defence and the parties making the counterclaim
and against whom it is made were plaintiffs and defendants
respectively, as if references to the period fixed by or under
these Rules for service of the defence were references to the
period so fixed for service of the defence to counterclaim.

9. The Court may, on such terms as it thinks just,
set aside or vary any judgment entered in pursuance of this
Order.

ORDER 20
AMENDMENT

(R.S.C. 1978)
1. (1) Subject to paragraph (3), the plaintiff may,

without the leave of the Court, amend the writ once at any
time before the pleadings in the action begun by the writ
are deemed to be closed.

(2) Where a writ is amended under this rule after
service thereof, then unless the Court otherwise directs on
an application made ex parte, the amended writ must be
served on each defendant to the action.

(3) This rule shall not apply in relation to an
amendment which consists of —

(a) the addition, omission or substitution of a party
to the action or an alteration of the capacity in
which a party to the action sues or is sued; or

(b) the addition or substitution or a new cause of
action; or

(c) without prejudice to rule 3(1), an amendment of
the statement of claim (if any) indorsed on the
writ,

unless the amendment is made before service of the writ on
any party to the action.

Default of
defence to
counterclaim
(O. 19, r. 8).

Setting aside
judgment
(O. 19, r. 9).

Amendment of
writ without
leave
(O. 20, r. 1).

CH.53 – 96] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

2. A defendant may not amend his memorandum
of appearance without the leave of the Court.

3. (1) A party may, without the leave of the Court,
amend any pleading of his once at any time before the
pleadings are deemed to be closed and, where he does so,
he must serve the amended pleading on the opposite party.

(2) Where an amended statement of claim is served
on a defendant —

(a) the defendant, if he has already served a defence
on the plaintiff, may amend his defence; and

(b) the period for service of his defence or amended
defence, as the case may be, shall be either the
period fixed by or under these Rules for service
of his defence or a period of 14 days after the
amended statement of claim is served on him,
whichever expires later.

(3) Where an amended defence is served on the
plaintiff by a defendant —

(a) the plaintiff, if he has already served a reply on
that defendant, may amend his reply; and

(b) the period for service of his reply or amended
reply, as the case may be, shall be 14 days after
the amended defence is served on him.

(4) In paragraphs (2) and (3) references to a defence
and a reply include references to a counterclaim and a
defence to counterclaim respectively.

(5) Where an amended counterclaim is served by a
defendant on a party (other than the plaintiff) against
whom the counterclaim is made, paragraph (2) shall apply
as if the counterclaim were a statement of claim and as if
the party by whom the counterclaim is made were the
plaintiff and the party against whom it is made a defendant.

(6) Where a party has pleaded to a pleading which is
subsequently amended and served on him under paragraph
(1), then, if that party does not amend his pleading under the
foregoing provisions of this rule, he shall be taken to reply on
it in answer to the amended pleading, and Order 18, rule
14(2), shall have effect in such a case as if the amended
pleading had been served at the time when that
pleading, before its amendment under paragraph (1), was
served.

Amendment of
appearance
(O. 20, r. 2).

Amendment of
pleadings
without leave
(O. 20, r. 3).

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4. (1) Within 14 days after the service on a party of
a writ amended under rule 1 (1) or of a pleading amended
under rule 3(1), that party may apply to the Court to
disallow the amendment.

(2) Where the Court hearing an application under
this rule is satisfied that if an application for leave to make
the amendment in question had been made under rule 5 at
the date when the amendment was made under rule 1(1) or
rule 3(1), leave to make the amendment or part of the
amendment would have been refused, it shall order the
amendment or that part to be struck out.

(3) Any order made on an application under this
rule may be made on such terms as to costs or otherwise as
the Court thinks just.

5. (1) Subject to Order 15, rules 6, 7 and 8 and the
following provisions of this rule, the Court may at any
stage of the proceedings allow the plaintiff to amend his
writ, or any party to amend his pleading, on such terms as
to costs or otherwise as may be just and in such manner (if
any) as it may direct.

(2) Where an application to the Court for leave to
make the amendment mentioned in paragraph (3), (4) or
(5) is made after any relevant period of limitation current at
the date of issue of the writ has expired, the Court may
nevertheless grant such leave in the circumstances
mentioned in that paragraph if it thinks it just to do so.

(3) An amendment to correct the name of a party
may be allowed under paragraph (2) notwithstanding that it
is alleged that the effect of the amendment will be to
substitute a new party if the Court is satisfied that the
mistake sought to be corrected was a genuine mistake and
was not misleading or such as to cause any reasonable
doubt as to the identity of the person intending to sue or, as
the case may be, intended to be sued.

(4) An amendment to alter the capacity in which a
party sues (whether as plaintiff or as defendant by
counterclaim) may be allowed under paragraph (2) if the
capacity in which, if the amendment is made, the party will
sue is one in which at the date of issue of the writ of the
making of the counterclaim, as the case may be, he might
have sued.

Application for
disallowance of
amendment
made without
leave
(O. 20, r. 4).

Amendment of
writ or pleading
with leave
(O. 20, r. 5).

CH.53 – 98] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(5) An amendment may be allowed under paragraph
(2) notwithstanding that the effect of the amendment will
be to add or substitute a new cause of action if the new
cause of action arises out of the same facts or substantially
the same facts as a cause of action in respect of which
relief has already been claimed in the action by the party
applying for leave to make the amendment.

6. Rule 5 shall have effect in relation to an
originating summons, a petition and an originating notice
of motion as it has effect in relation to a writ.

7. (1) For the purpose of determining the real
question in controversy between the parties to any
proceedings, or of correcting any defect or error in any
proceedings, the Court may at any stage of the proceedings
and either of its own motion or on the application of any party
to the proceedings order any document in the proceedings to
be amended on such terms as to costs or otherwise as may be
just and in such manner (if any) as it may direct.

(2) This rule shall not have effect in relation to a
judgment or order.

8. Where the Court makes an order under this
Order giving any party leave to amend a writ, pleading or
other document, then, if that party does not amend the
document in accordance with the order before the
expiration of the period specified for that purpose in the
order or, if no period is so specified, of a period of 14 days
after the order was made, the order shall cease to have
effect, without prejudice, however, to the power of the
Court to extend the period.

9. (1) Where the amendments authorised under any
rule of this Order to be made in a writ, pleading or other
documents are so numerous or of such nature or length that
to make written alterations of the document so as to give
effect to them would make it difficult or inconvenient to
read, a fresh document, amended as so authorised, must be
prepared and, in the case of a writ or originating summons,
re-issued, but, except as aforesaid and subject to any
direction given under rule 5 or 7, the amendments so
authorised may be effected by making in writing the
necessary alterations of the document and, in the case of a
writ or originating summons, causing it to be re-sealed and
filing a copy thereof.

Amendment of
other originating
process
(O. 20, r. 6).

Amendment of
certain other
documents
(O. 20, r. 7).

Failure to amend
after order
(O. 20, r. 8).

Mode of
amendment of
writ, etc.
(O. 20, r. 9).

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(2) A writ, pleading or other document which has
been amended under this Order must be indorsed with a
statement that it has been amended, specifying the date on
which it was amended, the name of the judge or registrar
by whom the order (if any) authorising the amendment was
made and the date thereof, or, if no such order was made,
the number of the rule of this Order in pursuance of which
the amendment was made.

10. Clerical mistakes in judgments or orders, or
errors arising therein from any accidental slip or omission,
may at any time be corrected by the Registrar.

ORDER 21
WITHDRAWAL AND DISCONTINUANCE

(R.S.C. 1978)

1. A party who has entered an appearance in an
action may withdraw the appearance at any time with the
leave of the Court.

2. (1) The plaintiff in an action begun by writ may,
without the leave of the Court, discontinue the action, or
withdraw any particular claim made by him therein, as
against any or all of the defendants at any time not later
than 14 days after service of the defence on him or, if there
are two or more defendants, of the defence last served, by
serving a notice to that effect on the defendant concerned.

(2) A defendant may, without the leave of the Court —
(a) withdraw his defence or any part of it at any

time;
(b) discontinue a counterclaim, or withdraw any

particular claim made by him therein, as against
any or all of the parties against whom it is made,
at any time not later than 14 days after service
on him of a defence to counterclaim or, if the
counterclaim is made against two or more
parties, of the defence to counterclaim last
served,

by serving a notice to that effect on the plaintiff or other
party concerned.

Amendment of
judgments and
orders
(O. 20,
r. 10).

Withdrawal of
appearance
(O. 21, r. 1).

Discontinuance
of action, etc.,
without leave
(O. 21, r. 2).

CH.53 – 100] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) Where there are two or more defendants to an
action not all of whom serve a defence on the plaintiff, and
the period fixed by or under these Rules for service by any
of those defendants of his defence expires after the latest
date on which any other defendant serves his defence,
paragraph (1) shall have effect as if the reference therein to
the service of the defence last served were a reference to
the expiration of that period. This paragraph shall apply in
relation to a counterclaim as it applies in relation to an
action with the substitution for references to a defence, to
the plaintiff and to paragraph (1), of references to a defence
to counterclaim, to the defendant and to paragraph (2)
respectively.

(4) If all the parties to an action consent, the action
may be withdrawn without the leave of the Court at any
time before trial by producing to the Registrar a written
consent to the action being withdrawn signed by all the
parties.

3. (1) Except as provided by rule 2, a party may
not discontinue an action (whether begun by writ or
otherwise) or counterclaim, or withdraw any particular
claim made by him therein, without the leave of the Court,
and the Court hearing an application for the grant of such
leave may order the action or counterclaim to be
discontinued, or any particular claim made therein to be
struck out, as against any or all of the parties against whom
it is brought or made on such terms as to costs, the bringing
of a subsequent action or otherwise as it thinks just.

(2) An application for the grant of leave under this
rule may be made by summons or motion or by notice
under Order 25, rule 7.

4. Subject to any terms imposed by the Court in
granting leave under rule 3, the fact that a party has
discontinued an action or counterclaim or withdrawn a
particular claim made by him therein shall not be a defence
to the subsequent action for the same, or substantially the
same, cause of action.

5. (1) Where a party has discontinued an action or
counterclaim or withdrawn any particular claim made by
him therein and he is liable to pay any other party’s costs
of the action or counterclaim or the costs occasioned to any
other party by the claim withdrawn, then if, before


Discontinuance
of action, etc.,
with leave
(O. 21, r. 3).

Effect of
discontinuance
(O. 21, r. 4).

Stay of
subsequent
action until costs
paid
(O. 21, r. 5).

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payment of those costs, he subsequently brings an action
for the same, or substantially the same, cause of action, the
Court may order the proceedings in that action to be stayed
until those costs are paid.

(2) An application for an order under this rule may
be made by summons, or by notice under Order 25, Rule 7.

6. A party who has taken out a summons in a cause
or matter may not withdraw it without the leave of the
Court.

ORDER 22
PAYMENT INTO AND OUT OF COURT

(R.S.C. 1978)

1. (1) In any action for a debt or damages any
defendant may at any time after he has entered an
appearance in the action pay into court a sum of money in
satisfaction of the cause of action in respect of which the
plaintiff claims or, where two or more causes of action are
joined in the action, a sum or sums of money in satisfaction
of any or all of those causes of action.

(2) On making any payment into court under this
rule, and on increasing any such payment already made,
the defendant must give notice thereof in Form No. 23 in
Appendix A to the plaintiff and every other defendant (if
any); and within three days after receiving the notice the
plaintiff must send the defendant a written acknowl-
edgement of its receipt.

(3) A defendant may, without leave, give notice of
an increase in a payment made under this rule but, subject
to that and without prejudice to paragraph (5), a notice of
payment may not be withdrawn or amended without the
leave of the Court which may be granted on such terms as
may be just.

(4) Where two or more causes of action are joined
in the action and money is paid into court under this rule in
respect of all, or some only of, those causes of action, the
notice of payment —

(a) must state that the money is paid in respect of all
those causes of action or, as the case may be,
must specify the cause or causes of action in
respect of which the payment is made; and

Withdrawal of
summons
(O. 21, r. 6).

Payment into
court
(O. 22, r. 1).

CH.53 – 102] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) where the defendant makes separate payments in
respect of each, or any two or more of those
causes of action, must specify the sum paid in
respect of that cause or, as the case may be,
those causes of action.

(5) Where a single sum of money is paid into court
under this rule in respect of two or more causes of action,
then, if it appears to the Court that the plaintiff is
embarrassed by the payment, the Court may order the
defendant to amend the notice of payment so as to specify
the sum paid in respect of each cause of action.

2. Where a defendant, who makes by counterclaim
a claim against the plaintiff for a debt or damages, pays a
sum or sums of money into court under rule 1, the notice of
payment must state, if it be the case, that in making the
payment the defendant has taken into account and intends
to satisfy —

(a) the cause of action in respect of which he claims;
or

(b) where two or more causes of action are joined in
the counterclaim, all those causes of action or, if
not all, which of them.

3. (1) Where money is paid into court under rule 1,
then subject to paragraph (2), within 21 days after receipt
of the notice of payment, or, where more than one payment
has been made or the notice has been amended, within 21
days after receipt of the notice of the last payment or the
amended notice but, in any case, before the trial or hearing
of the action begins, the plaintiff may —

(a) where the money was paid in respect of the cause
of action or all the causes of action in respect of
which he claims, accept the money in satisfaction
of that cause of action or those causes of action,
as the case may be; or

(b) where the money was paid in respect of some
only of the causes of action in respect of which
he claims, accept in satisfaction of any such cause
or causes of action the sum specified in respect of
that cause or those causes of action in the notice
of payment,

by giving notice in Form No. 24 in Appendix A to every
defendant to the action.

Payment in by
defendant who
has
counterclaimed
(O. 22, r. 2).

Acceptance of
money paid into
court
(O. 22, r. 3).

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(2) Where after the trial or hearing of an action has
begun —

(a) money is paid into court under rule 1; or
(b) money in court is increased by a further payment

into court under that rule,
the plaintiff may accept the money in accordance with
paragraph (1) within 2 days after receipt of the notice of
payment or notice of the further payment, as the case may
be, but, in any case, before the judge begins to deliver
judgment or, if the trial is with a jury, before the judge
begins his summing up.

(3) Rule 1 (5) shall not apply in relation to money
paid into court in an action after the trial or hearing of the
action has begun.

(4) On the plaintiff accepting any money paid into
court all further proceedings in the action or in respect of
the specified cause or causes of action, as the case may be,
to which the acceptance relates, both against the defendant
making the payment and against any other defendant sued
jointly with or in the alternative to him shall be stayed.

(5) Where money is paid into court by a defendant
who made a counterclaim and the notice of payment stated, in
relation to any sum paid, that in making the payment the
defendant had taken into account and satisfied the cause or
causes of action, or the specified cause or causes of action in
respect of which he claimed, then, on the plaintiff accepting
that sum, all further proceedings on the counterclaim or in
respect of the specified cause or causes of action, as the case
may be, against the plaintiff shall be stayed.

(6) A plaintiff who has accepted any sum paid into
court shall, subject to rules 4 and 10 and Order 70, rule 10,
be entitled to receive payment of that sum in satisfaction of
the cause or causes of action to which the acceptance
relates.

4. (1) Where a plaintiff accepts any sum paid into
court and that sum was paid into court —

(a) by some but not all of the defendants sued
jointly or in the alternative by him; or

(b) with a defence of tender before action; or

Order for
payment out of
money accepted
required in
certain cases
(O. 22, r. 4).

CH.53 – 104] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(c) in satisfaction either of causes of action arising
under the Fatal Accidents Act, or of a cause of
action arising thereunder where more than one
person is entitled to the money,

the money in court shall not be paid out except under
paragraph (2) or in pursuance of an order of the Court, and
the order shall deal with the whole costs of the action or of
the cause of action to which the payment relates, as the
case may be.

(2) Where an order of the Court is required under
paragraph (1) by reason only of paragraph (1)(a), then if,
either before or after accepting the money paid into court
by some only of the defendants sued jointly or in the
alternative by him, the plaintiff discontinues the action
against all other defendants and those defendants consent
in writing to the payment out of that sum, it may be paid
out without an order of the Court.

(3) Where after the trial or hearing of an action has
begun a plaintiff accepts any money paid into court and all
further proceedings in the action or in respect of the
specified cause or causes of action, as the case may be, to
which the acceptance relates are stayed by virtue of rule
3(4), then, notwithstanding anything in paragraph (2), the
money shall not be paid out except in pursuance of an
order of the Court, and the order shall deal with the whole
costs of the action.

5. If any money paid into court in an action is not
accepted in accordance with rule 3, the money remaining
in court shall not be paid out except in pursuance of an
order of the Court which may be made at any time before,
at or after the trial or hearing of the action; and where such
an order is made before the trial or hearing the money shall
not be paid out except in satisfaction of the cause or causes
of action in respect of which it was paid in.

6. A plaintiff against whom a counterclaim is made
and any other defendant to the counterclaim may pay
money into court in accordance with rule 1, and that rule
and rules 3, except paragraph (5), 4 and 5 shall apply
accordingly with the necessary modifications.

7. Except in an action to which a defence of tender
before action is pleaded, and except in an action all further
proceedings in which are stayed by virtue of rule 3(4) after


Money
remaining in
court
(O. 22, r. 5).

Counterclaim
(O. 22, r. 6).

Non-disclosure
of payment into
court
(O. 22, r. 7).

SUPREME COURT [CH.53 – 105



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

the trial or hearing has begun, the fact that money has been
paid into court under the foregoing provisions of this Order
shall not be pleaded and no communication of that fact
shall be made to the Court at the trial or hearing of the
action or counterclaim or of any question or issue as to the
debt or damages until all questions of liability and of the
amount of debt or damages have been decided.

8. (1) Subject to paragraph (2), money paid into
court under an order of the Court or a certificate of the
Registrar shall not be paid out except in pursuance of an
order of the Court.

(2) Unless the Court otherwise orders, a party who
has paid money into court in pursuance of an order made
under Order 14 —

(a) may by notice to the other party appropriate the
whole or any part of the money and any
additional payment, if necessary, to any parti-
cular claim made in the writ or counterclaim, as
the case may be, and specified in the notice; or

(b) if he pleads a tender, may by his pleading
appropriate the whole or any part of the money
as payment into court of the money alleged to
have been tendered,

and money appropriated in accordance with this rule shall
be deemed to be money paid into court in accordance with
rule 1 or money paid into court with a plea of tender, as the
case may be, and this Order shall apply accordingly.

9. (1) Where money has been paid into court in any
cause or matter pursuant to the Exchange Control
Regulations Act and Regulations, or an order of the Court
made thereunder, any party to the cause or matter may
apply for payment out of court of that money.

(2) An application for an order under this rule must
be made by summons which must be served on all parties
interested.

(3) If any person in whose favour an order for
payment under this rule is sought is resident outside the
scheduled territories or will receive payment by order or on
behalf of a person so resident, that fact must be stated in
the summons.

Money paid into
court under order
(O. 22, r. 8).

Payment out of
money paid into
court under
Exchange
Control
Regulations
(O. 22, r. 9).

CH.53 – 106] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(4) If the permission of the Central Bank of The
Bahamas authorising the proposed payment has been given
unconditionally or on conditions which have been
complied with, that fact must be stated in the summons and
the permission must be attached to the summons.

10. (1) Payment shall be made to the party entitled
or to his attorney.

(2) This rule applies whether the money in court has
been paid into court under rule 1 or under an order of the
Court or a certificate of the Registrar.

11. Where a person entitled to a fund in court, or a
share of such fund, dies intestate and the Court is satisfied
that no grant of administration of his estate has been made
and that the assets of his estate do not exceed $1,000 in
value, including the value of the fund or share, it may order
that the fund or share shall be paid, transferred or delivered
to the person who, being a widower, widow, child, father,
mother, brother or sister of the deceased, would have the
prior right to a grant of administration of the estate of the
deceased.

12. (1) This rule applies in relation to an action or
counterclaim for bodily injury arising out of the use of a
motor vehicle on a road or in a place to which the public
have a right of access in which the claim for damages
includes a sum for hospital expenses.

(2) Where the party against whom the claim is
made, or an authorised insurer within the meaning of Part
III of the Road Traffic Act, pays the amount for which that
party or insurer, as the case may be, is or may be liable in
respect of the treatment afforded by a hospital to the person
in respect of whom the claim is made, the party against
whom the claim is made must, within 7 days after the
payment is made, give notice of the payment to all the
other parties to the action.

13. Cash under the control of or subject to the order
of the Court may be invested on fixed deposit at a bank or
otherwise as the Registrar shall see fit.

Person to whom
payment to be
made
(O. 22, r. 10).

Payment out:
small intestate
estates
(O. 22, r. 11).

Payment of
hospital expenses
(O. 22, r. 12).

Investment of
money in court
(O. 22, r. 13).

SUPREME COURT [CH.53 – 107



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

ORDER 23
SECURITY FOR COSTS

(R.S.C. 1978)

1. (1) Where, on the application of a defendant to
an action or other proceedings in the Supreme Court, it
appears to the Court —

(a) that the plaintiff is ordinarily resident out of the
jurisdiction; or

(b) that the plaintiff (not being a plaintiff who is
suing in a representative capacity) is a nominal
plaintiff who is suing for the benefit of some
other person and that there is reason to believe
that he will be unable to pay the costs of the
defendant if ordered to do so; or

(c) subject to paragraph (2), that the plaintiff’s
address is not stated in the writ or other
originating process or is incorrectly stated there-
in; or

(d) that the plaintiff has changed his address during
the course of the proceedings with a view to
evading the consequences of the litigation,

then if, having regard to all the circumstances of the case,
the Court thinks it just to do so, it may order the plaintiff to
give such security for the defendant’s costs of the action or
other proceedings as it thinks just.

(2) The Court shall not require a plaintiff to give
security by reason only of paragraph (1)(c) if he satisfies
the Court that the failure to state his address or the mis-
statement thereof was made innocently and without
intention to deceive.

(3) The references in the foregoing paragraphs to a
plaintiff and a defendant shall be construed as references to
the person (howsoever described on the record) who is in
the position of plaintiff or defendant, as the case may be, in
the proceeding in question, including a proceeding on a
counterclaim.

2. Where an order is made requiring any party to
give security for costs, security shall be given in such manner,
at such time, and on such terms (if any), as the Court may
direct.

S.I. 38/1996.

Security for costs
of action, etc.
(O. 23, r. 7).

Manner of giving
security
(O. 23, r. 2).

CH.53 – 108] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

3. This Order is without prejudice to the provisions
of any enactment which empowers the Court to require
security to be given for the costs of any proceedings.

ORDER 24
DISCOVERY AND INSPECTION OF DOCUMENTS

(R.S.C. 1978)

1. (1) After the close of pleadings in an action
begun by writ there shall, subject to and in accordance with
the provisions of this Order, be discovery by the parties to
the action of the documents which are or have been in their
possession, custody or power relating to matters in
question in the action.

(2) Nothing in this Order shall be taken as preventing
the parties to an action agreeing to dispense with or limit the
discovery of documents which they would otherwise be
required to make to each other.

2. (1) Subject to the provisions of this rule and of
rule 4, the parties to an action between whom pleadings are
closed must make discovery by exchanging lists of
documents and, accordingly, each party must, within 14
days after the pleadings in the action are deemed to be
closed as between him and any other party, make and serve
on that other party a list of the documents which are or
have been in his possession, custody or power relating to
any matter in question between them in the action. Without
prejudice to any directions given by the Court under Order
16, rule 4, this paragraph shall not apply in third party
proceedings, including proceedings under that Order
involving fourth or subsequent parties.

(2) Unless the Court otherwise orders, a defendant
to an action arising out of an accident on land due to a
collision or apprehended collision involving a vehicle shall
not make discovery of any documents to the plaintiff under
paragraph (1).

(3) Paragraph (1) shall not be taken as requiring a
defendant to an action for the recovery of any penalty
recoverable by virtue of any enactment to make discovery
of any documents.

Saving for
enactments
(O. 23, r. 3).

Mutual discovery
of documents
(O. 24, r. 1).

Discovery by
parties without
order
(O. 24, r. 2).

SUPREME COURT [CH.53 – 109



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(4) Paragraphs (2) and (3) shall apply in relation to
a counterclaim as they apply in relation to an action but
with the substitution, for the reference in paragraph (2) to
the plaintiff, of a reference to the party making the
counterclaim.

(5) On the application of any party required by this
rule to make discovery of documents, the Court may —

(a) order that the parties to the action or any of them
shall make discovery under paragraph (1) of
such documents or classes of documents only, or
as to such only of the matters in question, as
may be specified in the order; or

(b) if satisfied that discovery by all or any of the
parties is not necessary, or not necessary at the
stage of the action, order that there shall be no
discovery of documents by any or all of the
parties either at all or at that stage,

and the Court shall make such an order if and so far as it is
of opinion that discovery is not necessary either for
disposing fairly of the action or for saving costs.

(6) An application for an order under paragraph (5)
must be by summons, and the summons must be taken out
before the expiration of the period within which by virtue
of this rule discovery of documents in the action is required
to be made.

(7) Any party to whom discovery of documents is
required to be made under this rule may, at any time before
the summons for directions in the action is taken out, serve
on the party required to make such discovery a notice
requiring him to make an affidavit verifying the list he is
required to make under paragraph (1), and the party on
whom such a notice is served must, within 14 days after
service of the notice, make and file an affidavit in
compliance with the notice and serve a copy of the
affidavit on the party by whom the notice was served.

3. (1) Subject to the provisions of this rule and of
rules 4 and 8, the Court may order any party to a cause or
matter (whether begun by writ, originating summons or
otherwise) to make and serve on any other party a list of
the documents which are or have been in his possession,
custody or power relating to any matter in question in the
cause or matter, and may at the same time or subsequently
also order him to make and file an affidavit verifying such
a list and to serve a copy thereof on the other party.

Order for
discovery
(O. 24, r. 3).

CH.53 – 110] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Where a party who is required by rule 2 to make
discovery of documents fails to comply with any provision
of that rule, the Court, on the application of any party to
whom discovery was required to be made, may make an
order against the first-mentioned party under paragraph (1)
of this rule or, as the case may be, may order him to make
and file an affidavit verifying the list of documents he is
required to make under rule 2 and to serve a copy thereof
on the applicant.

(3) An order under this rule may be limited to such
documents or classes of document only, or to such only of
the matters in question in the cause or matter, as may be
specified in the order.

4. (1) Where on an application for an order under
rule 2 or 3 it appears to the Court that any issue or question
in the cause or matter should be determined before any
discovery of documents is made by the parties, the Court
may order that that issue or question be determined first.

(2) Where in an action begun by writ an order is
made under this rule for the determination of an issue or
question, Order 25, rules 2 to 7, shall, with the omission of
so much of rule 7(1) as requires parties to serve a notice
specifying the orders and directions which they desire and
with any other necessary modifications, apply as if the
application on which the order was made were a summons
for directions.

5. (1) A list of documents made in compliance with
rule 2 or with an order under rule 3 must be in Form No. 26
in Appendix A, and must enumerate the documents in a
convenient order and as shortly as possible but describing
each of them or, in the case of bundles of documents of the
same nature, each bundle, sufficiently to enable it to be
identified.

(2) If it is desired to claim that any documents are
privileged from production, the claim must be made in the
list of documents with a sufficient statement of the grounds
of the privilege.

(3) An affidavit made as aforesaid verifying a list of
documents must be in Form No. 27 in Appendix A.

Order for
determination of
issue, etc., before
discovery
(O. 24, r. 4).

Form of list and
affidavit
(O. 24, r. 5).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

6. (1) A defendant who has pleaded in an action
shall be entitled to have a copy of any list of documents
served under any of the foregoing rules of this Order on the
plaintiff by any other defendant to the action; and a
plaintiff against whom a counterclaim is made in an action
begun by writ shall be entitled to have a copy of any list of
documents served under any of those rules on the party
making the counterclaim by any other defendant to the
counterclaim.

(2) A party required by virtue of paragraph (1) to
supply a copy of a list of documents must supply it free of
charge on a request made by the party entitled to it.

(3) Where in an action begun by originating
summons the Court makes an order under rule 3 requiring
a defendant to the action to serve a list of documents on the
plaintiff, it may also order him to supply any other
defendant to the action with a copy of that list.

(4) In this rule “list of documents” includes an
affidavit verifying a list of documents.

7. (1) Subject to rule 8, the Court may at any time,
on the application of any party to a cause or matter, make
an order requiring any other party to make an affidavit
stating whether any document specified or described in the
application or any class of document so specified or
described is, or has at any time been in his possession,
custody or power, and if not then in his possession, custody
or power when he parted with it and what has become of it.

(2) An order may be made against a party under this
rule notwithstanding that he may already have made or
been required to make a list of documents or affidavit
under rule 2 or rule 3.

(3) An application for an order under this rule must
be supported by an affidavit stating the belief of the
deponent that the party from whom discovery is sought
under this rule has, or at some time had, in his possession,
custody or power the document, or class of document
specified or described in the application and that it relates
to one or more of the matters in question in the cost or
matter.

8. On the hearing of an application for an order
under rule 3 or 7 the Court, if satisfied that discovery is not
necessary, or not necessary at that stage of the cause or


Defendant
entitled to copy
of co-defendant’s
list

(O. 24, r. 6).

Order for
discovery of
particular
documents
(O. 24, r. 7).

Discovery to be
ordered only if
necessary
(O. 24, r. 8).

CH.53 – 112] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

matter, may dismiss or, as the case may be, adjourn the
application and shall in any case refuse to make such an
order if and so far as it is of opinion that discovery is not
necessary either for disposing fairly of the cause or matter
or for saving costs.

9. A party who has served a list of documents on
any other party, whether in compliance with rule 2 or with
an order under rule 3, must allow the other party to inspect
the documents referred to in the list (other than any which
he objects to produce) and to take copies thereof, and,
accordingly, he must when he serves the list on the other
party also serve on him a notice stating a time within 7
days after the service thereof at which the said documents
may be inspected at a place specified in the notice.

10. (1) Any party to a cause or matter shall be
entitled at any time to serve a notice on any other party in
whose pleadings or affidavits reference is made to any
document requiring him to produce that document for the
inspection of the party giving the notice and to permit him
to take copies thereof.

(2) The party on whom a notice is served under
paragraph (1) must, within 4 days after service of the
notice, serve on the party giving the notice a notice stating
a time within 7 days after the service thereof at which the
documents, or such of them as he does not object to
produce, may be inspected at a place specified in the
notice, and stating which (if any) of the documents he
objects to produce and on what grounds.

11. (1) If a party who is required by rule 9 to serve
such a notice as is therein mentioned or who is served with
a notice under rule 10(1) —

(a) fails to serve a notice under rule 9 or, as the case
may be, rule 10(2); or

(b) objects to produce any document for inspection;
or

(c) offers inspection at a time or place such that, in
the opinion of the Court, it is unreasonable to
offer inspection then or, as the case may be,
there,

Inspection of
documents
referred to in list
(O. 24, r. 9).

Inspection of
documents
referred to in
pleadings and
affidavits
(O. 24, r. 10).

Order for
production for
inspection
(O. 24, r. 11).

SUPREME COURT [CH.53 – 113



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

then, subject to rule 13(1), the Court may, on the
application of the party entitled to inspection, make an
order for production of the documents in question for
inspection at such time and place, and in such manner, as it
thinks fit.

(2) Without prejudice to paragraph (1), but subject
to rule 13(1), the Court may, on the application of any
party to a cause or matter, order any other party to permit
the party applying to inspect any documents in the
possession, custody or power of that other party relating to
any matter in question in the cause or matter.

(3) An application for an order under paragraph (2)
must be supported by an affidavit specifying or describing
the documents of which inspection is sought and stating the
belief of the deponent that they are in the possession,
custody or power of the other party and that they relate to a
matter in question in the cause or matter.

12. At any stage of the proceedings in any cause or
matter the Court may, subject to rule 13(1), order any party
to produce to the Court any document in his possession,
custody or power relating to any matter in question in the
cause or matter and the Court may deal with the documents
when produced in such manner as it thinks fit.

13. (1) No order for the production of any documents
for inspection or to the Court shall be made under any of the
foregoing rules unless the Court is of opinion that the order
is necessary either for disposing fairly of the cause or matter
or for saving costs.

(2) Where on an application under this Order for
production of any document for inspection or to the Court,
privilege from such production is claimed or objection is
made to such production on any other ground, the Court
may inspect the document for the purpose of deciding
whether the claim or objection is valid.

14. (1) Where production of any business books for
inspection is applied for under any of the foregoing rules,
the Court may, instead of ordering production of the
original books for inspection, order a copy of any entries
therein to be supplied and verified by an affidavit of some
person who has examined the copy with the original
books.

Order for
production to
Court
(O. 24, r. 12).

Production to be
ordered only if
necessary, etc.
(O. 24, r. 13).

Production of
business books
(O. 24, r. 14).

CH.53 – 114] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Any such affidavit shall state whether or not
there are in the original book any and what erasures,
interlineations or alterations.

(3) Notwithstanding that a copy of any entries in
any book has been supplied under this rule, the Court may
order production of the book from which the copy was
made.

15. The foregoing provisions of this Order shall be
without prejudice to any rule of law which authorises or
requires the withholding of any document on the ground
that the disclosure of it would be injurious to the public
interest.

16. (1) If any party who is required by any of the
foregoing rules, or by any order made thereunder, to make
discovery of documents or to produce any documents for
the purpose of inspection or any other purpose, fails to
comply with any provision of that rule or with that order,
as the case may be, then, without prejudice, in the case of a
failure to comply with any such provision, to rules 3(2) and
11(1), the Court may make such order as it thinks just
including, in particular, an order that the action be
dismissed or, as the case may be, order that the defence be
struck out and judgment entered accordingly.

(2) If any party against whom an order for discovery
or production of documents is made fails to comply with it,
then, without prejudice to paragraph (1), he shall be liable
to committal.

(3) Service on a party’s attorney of an order for
discovery or production of documents made against that
party shall be sufficient service to found an application for
committal of the party disobeying the order, but the party
may show in answer to the application that he had no
notice or knowledge of the order.

(4) An attorney on whom such an order made against
his client is served and who fails without reasonable excuse
to give notice thereof to his client shall be liable to
committal.

17. Any order made under this Order (including an
order made on appeal) may, on sufficient cause being
shown, be revoked or varied by a subsequent order or
direction of the Court made or given at or before the trial
of the cause or matter in connection with which the
original order was made.

Document
disclosure of
which would be
injurious to
public interest:
saving
(O. 24, r. 15).
Failure to
comply with
requirement for
discovery, etc.
(O. 24, r. 16).

Revocation and
variation of
orders
(O. 24, r. 17).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

ORDER 25
SUMMONS FOR DIRECTIONS

(R.S.C. 1978)

1. (1) With a view to providing, in every action to
which this rule applies, an occasion for the consideration
by the Court of the preparations for the trial of the action,
so that —

(a) all matters which must or can be dealt with on
interlocutory applications and have not already
been dealt with may so far as possible be dealt
with; and

(b) such directions may be given as to the future of
the action as appear best adapted to secure the
just, expeditious and economical disposal there-
of,

the plaintiff must, within one month after the pleadings in
the action are deemed to be closed, take out a summons (in
these rules referred to as a summons for directions)
returnable in not less than 14 days.

(2) This rule applies to all actions begun by writ
except —

(a) actions in which the plaintiff or defendant has
applied for judgment under Order 14, or in
which the plaintiff applied for judgment under
Order 75, and directions have been given under
the relevant Orders;

(b) actions in which the plaintiff or defendant has
applied under Order 18, rule 21, for trial without
pleadings or further pleadings and directions
have been given under that rule;

(c) actions in which an order has been made under
Order 24, rule 4, for the trial of an issue or
question before discovery;

(d) actions in which directions have been given
under Order 29, rule 7;

(e) actions in which an order for the taking of an
account has been made under Order 43, rule 1;

(f) actions for the infringement of a patent; and
(g) actions ordered to be tried as Admiralty short

causes.

Summons for
directions
(O. 25, r. 1).

CH.53 – 116] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) Where, in the case of any action in which
discovery of documents is required to be made, by any
party under Order 24, rule 2, the period of 14 days referred
to in paragraph (1) of that rule is extended, whether by
consent or by order of the Court or both by consent and by
order, paragraph (1) of this rule shall have effect in relation
to that action as if for the reference therein to one month
after the pleadings in the action are deemed to be closed
there were substituted a reference to 14 days after the
expiration of the period referred to in paragraph (1) of the
said rule 2 as so extended.

(4) If the plaintiff does not take out a summons for
directions in accordance with the foregoing provisions of
this rule, the defendant or any defendant may do so or
apply for an order to dismiss the action.

(5) On an application by a defendant to dismiss the
action under paragraph (4) the Court may either dismiss the
action on such terms as may be just or deal with the
application as if it were a summons for directions.

(6) In the case of an action which is proceeding only
as respects a counterclaim, references in this rule to the
plaintiff and defendant shall be construed respectively as
references to the party making the counterclaim and the
defendant to the counterclaim.

2. (1) When the summons for directions first comes
to be heard, the Court shall consider whether —

(a) it is possible, to deal then with all the matters
which, by the subsequent rules of this Order, are
required to be considered on the hearing of the
summons for directions; or

(b) it is expedient to adjourn the consideration of all
or any of those matters until a later stage.

(2) If when the summons for directions first comes
to be heard the Court considers that it is possible to deal
with all the said matters, it shall deal with them forthwith
and shall endeavour to secure that all other matters which
must or can be dealt with on interlocutory applications and
have not already been dealt with are also then dealt with.

(3) If, when the summons for directions first comes
to be heard, the Court considers that it is expedient to
adjourn the consideration of all or any of the matters
which, by the subsequent rules of this Order are required to
be considered on the hearing of the summons, the Court


Duty to consider
all matters
(O. 25, r. 2).

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shall deal forthwith with such of those matters as it
considers can conveniently be dealt with forthwith and
adjourn the consideration of the remaining matters and
shall endeavour to secure that all other matters which must
or can be dealt with on interlocutory applications and have
not already been dealt with either then or at a resumed
hearing of the summons for directions.

(4) If the hearing of the summons for directions is
adjourned without a day being fixed for the resumed
hearing thereof, any party may restore it to the list on 2
days’ notice to the other parties.

3. On the hearing of the summons for directions
the Court shall, in particular, consider, if necessary of its
own motion, whether any order should be made or
direction given in the exercise of the powers conferred by
any of the following provisions, that is to say —

(a) any provision of Part I of the Civil Evidence Act
1968 of England (hearsay evidence) or of Part
III of Order 38;

(b) Order 20, rule 5, Order 38, rules 2 to 6, and
Order 67, rule 25(4).

4. At the hearing of the summons for directions,
the Court shall endeavour to secure that the parties make
all admissions and all agreements as to the conduct of the
proceedings which ought reasonably to be made by them
and may cause the order on the summons to record any
admissions or agreements so made, and (with a view to
such special order, if any, as to costs as may be just being
made at the trial) any refusal to make any admission or
agreement.

5. Nothing in rule 4, shall be construed as requiring
the Court to endeavour to secure that the parties shall agree
to exclude or limit any right of appeal, but the order made
on the summons for directions may record any such
agreement.

6. (1) Subject to paragraph (2), no affidavit shall be
used on the hearing of the summons for directions except
by the leave or direction of the Court, but, subject to
paragraph (4), it shall be the duty of the parties to the
action and their advisers to give all such information and
produce all such documents on any hearing of the
summons as the Court may reasonably require for the
purposes of enabling it properly to deal with the summons.

Particular
matters for
consideration (O.
25, r. 3).

Admissions and
agreements to be
made (O. 25, r.
4).

Limitation of
right of appeal
(O. 25, r. 5).

Duty to give all
information at
hearing (O. 25, r.
6).

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

The Court may, if it appears proper so to do in the
circumstances, authorise any such information or documents
to be given or produced to the Court without being disclosed
to the other parties but, in the absence of such authority, any
information or document given or produced under this
paragraph shall be given or produced to all the parties
present or represented on the hearing of the summons as
well as to the Court.

(2) No leave shall be required by virtue of
paragraph (1) for the use of an affidavit by any party on the
hearing of the summons for directions in connection with
any application thereat for any order if, under any of these
Rules, an application for such an order is required to be
supported by an affidavit.

(3) If the Court on any hearing of the summons for
directions requires a party to the action or his attorney or
counsel to give any information or produce any document
and that information or document is not given or produced,
then, subject to paragraph (4), the Court may —

(a) cause the facts to be recorded in the order with a
view to such special order, if any, as to costs as
may be just being made at the trial; or

(b) if it appears to the Court to be just so to do,
order the whole or any part of the pleadings of
the party concerned to be struck out, or, if the
party is the plaintiff or the claimant under a
counterclaim, order the action or counterclaim to
be dismissed on such terms as may be just.

(4) Notwithstanding anything in the foregoing
provisions of this rule, no information or documents which
are privileged for disclosure shall be required to be given or
produced under this rule by or by the advisers of any party
otherwise than with the consent of that party.

7. (1) Any party to whom the summons for
directions is addressed must so far as practicable apply at
the hearing of the summons for any order or directions
which he may desire as to any matter capable of being
dealt with on an interlocutory application in the action and
must, not less than 7 days before the hearing of the
summons, serve on the other parties a notice specifying
those orders and directions in so far as they differ, from the
orders and directions asked for by the summons.

Duty to make all
interlocutory
applications on
summons for
directions
(O. 25, r. 7).

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(2) If the hearing of the summons for directions is
adjourned and any party to the proceedings desires to apply
at the resumed hearing for any order or directions not
asked for by the summons or in any notice given under
paragraph (1), he must, not less than 7 days before the
resumed hearing of the summons, serve on the other parties
a notice specifying those orders and directions in so far as
they differ from the orders and directions asked for by the
summons or in any such notice as aforesaid.

(3) Any application subsequent to the summons for
directions and before judgment as to any matter capable of
being dealt with on an interlocutory application in the
action must be made under the summons by 2 clear days’
notice to the other party stating the grounds of the
application.

ORDER 26
INTERROGATORIES

(R.S.C. 1978)

1. (1) A party to any cause or matter may apply to
the Court for an order —

(a) giving him leave to serve on any other party
interrogatories relating to any matter in question
between the applicant and that other party in the
cause or matter; and

(b) requiring that other party to answer the
interrogatories on affidavit within such period as
may be specified in the order.

(2) A copy of the proposed interrogatories must be
served with the summons, or the notice under Order 25,
rule 7, by which the application for such leave is made.

(3) On the hearing of an application under this rule,
the Court shall give leave as to such only of the
interrogatories as it considers necessary either for
disposing fairly of the cause or matter or for saving costs;
and in deciding whether to give leave the Court shall take
into account any offer made by the party to be interrogated
to give particulars or to make admissions or to produce
documents relating to any matter in question.

Discovery of
interrogatories
(O. 26, r. 1).

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(4) A proposed interrogatory which does not relate
to such a matter as is mentioned in paragraph (1) shall be
disallowed notwithstanding that it might be admissible in
oral cross-examination of a witness.

2. Where a party to a cause or matter is a body of
persons, whether corporate or unincorporate, being a body
which is empowered by law to sue or be sued whether in its
own name or in the name of an officer or other person, the
Court may, on the application of any other party, make an
order allowing him to serve interrogatories on such officer
or member of the body as may be specified in the order.

3. Where interrogatories are to be served on two or
more parties or are required to be answered by an agent or
servant of a party, a note at the end of the interrogatories
shall state which of the interrogatories each party or, as the
case may be, an agent or servant is required to answer, and
which agent or servant.

4. Where a person objects to answering any
interrogatory on the ground of privilege he may take the
objection in his affidavit in answer.

5. If any person on whom interrogatories have
been served answers any of them insufficiently, the Court
may make an order requiring him to make a further answer,
and either by affidavit or on oral examination as the Court
may direct.

6. (1) If a party against whom an order is made
under rule 1 or 5 fails to comply with it, the Court may
make such order as it thinks just including, in particular, an
order that the action be dismissed or, as the case may be,
an order that the defence be struck out and judgment be
entered accordingly.

(2) If a party against whom an order is made under
rule 1 or 5 fails to comply with it, then, without prejudice
to paragraph (1), he shall be liable to committal.

(3) Service on a party’s attorney of an order to answer
interrogatories made against the party shall be sufficient
service to found an application for committal of the party
disobeying the order, but the party may show in answer to the
application that he had no notice or knowledge of the
order.

Interrogatories
where party is a
body of persons
(O. 26, r. 2).

Statement as to
party, etc.,
required to
answer
(O. 26, r. 3).

Objection to
answer on
ground of
privilege
(O. 26, r. 4).
Insufficient
answer
(O. 26, r. 5).

Failure to
comply with
order
(O. 26, r. 6).

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(4) An attorney on whom an order to answer
interrogatories made against his client is served and who
fails without reasonable excuse to give notice thereof to his
client shall be liable to committal.

7. A party may put in evidence at the trial of a cause
or matter, or of any issue therein, some only of the answers
to interrogatories, or part only of such an answer, without
putting in evidence the other answers or, as the case may be,
the whole of that answer, but the Court may look at the
whole of the answers and if of opinion that any other answer
or other part of an answer is so connected with an answer or
part thereof used in evidence that the one ought not to be
used without the other, the Court may direct that that other
answer or part shall be put in evidence.

8. Any order made under this Order (including an
order made on appeal) may, on sufficient cause being
shown, be revoked or varied by a subsequent order or
direction of the Court made or given at or before the trial
of the cause or matter in connection with which the
original order was made.

ORDER 27
ADMISSIONS
(R.S.C. 1978)

1. Without prejudice to Order 18, rule 13, a party
to a cause or matter may give notice, by his pleading or
otherwise in writing, that he admits the truth of the whole
or any part of the case of any other party.

2. (1) A party to a cause or matter may not later
than 21 days after the cause or matter is set down for trial
serve on any other party a notice requiring him to admit,
for the purpose of that cause or matter only, the facts
specified in the notice.

(2) An admission made in compliance with a notice
under this rule shall not be used against the party by whom
it was made in any cause or matter other than the cause or
matter for the purpose of which it was made or in favour of
any person other than the person by whom the notice was
given, and the Court may at any time allow a party to
amend or withdraw an admission so made by him on such
terms as may be just.

Use of answers to
interrogatories at
trial
(O. 26, r. 7).

Revocation and
variation of
orders
(O. 26,
r. 8)

Admission of
case of other
party
(O. 27, r. 1).

Notice to admit
facts
(O. 27, r. 2).

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

3. Where admissions of fact are made by a party to
a cause or matter either by his pleadings or otherwise, any
other party to the cause or matter may apply to the Court
for such judgment or order as upon those admissions he
may be entitled to, without waiting for the determination of
any other question between the parties, and the Court may
give such judgment, or make such order, on the application
as it thinks just. An application for an order under this rule
may be made by motion, or summons.

4. (1) Subject to paragraph (2) and without
prejudice to the right of a party to object to the admission
in evidence of any document, a party on whom a list of
documents is served in pursuance of any provision of
Order 24 shall, unless the Court otherwise orders, be
deemed to admit —

(a) that any document described in the list as an
original document is such a document and was
printed, written, signed or executed as it
purports respectively to have been; and

(b) that any document described therein as a copy is
true copy. This paragraph does not apply to a
document the authenticity of which the party has
denied in his pleading.

(2) If before the expiration of 21 days after
inspection of the documents specified in a list of
documents or after the time limited for inspection of those
documents expires, whichever is the later, the party on
whom the list is served serves on the party whose list it is a
notice stating, in relation to any document specified
therein, that he does not admit the authenticity of that
document and requires it to be proved at the trial, he shall
not be deemed to make any admission in relation to that
document under paragraph (1).

(3) A party to a cause or matter by whom a list of
documents is served on any other party in pursuance of any
provision of Order 24 shall be deemed to have been served
by that other party with a notice requiring him to produce
at the trial of the cause or matter such of the documents
specified in the list as are in his possession, custody or
power.

(4) The foregoing provisions of this rule apply in
relation to an affidavit made in compliance with an order


Judgment on
admissions of
facts
(O. 27, r. 3).

Admission and
production of
documents
specified in list of
documents
(O. 27, r. 4).

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under Order 24, rule 7, as they apply in relation to a list of
documents served in pursuance of any provision of that
Order.

5. (1) Except where rule 4(1) applies, a party to a
cause or matter may within 21 days after the cause or
matter is set down for trial serve on any other party a
notice requiring him to admit the authenticity of the
documents specified in the notice.

(2) If a party on whom a notice under paragraph (1)
is served desires to challenge the authenticity of any
document therein specified he must, within 21 days after
service of the notice, serve on the party by whom it was
given a notice stating that he does not admit the
authenticity of the document and requires it to be proved at
the trial.

(3) A party who fails to give a notice of non-
admission in accordance with paragraph (2) in relation to
any document shall be deemed to have admitted the
authenticity of that document unless the Court otherwise
orders.

(4) Except where rule 4(3) applies, a party to a
cause or matter may serve on any other party a notice
requiring him to produce the documents specified in the
notice at the trial of the cause or matter.

ORDER 28
ORIGINATING SUMMONS PROCEDURE

(R.S.C. 1978)

1. The provisions of this Order apply to all
originating summonses subject, in the case of originating
summonses of any particular class, to any special provisions
relating to originating summonses of that class made by these
Rules or by or under any Act; and, subject as aforesaid, Order
32, rule 5, shall apply in relation to originating summonses as
it applies in relation to other summonses.

2. (1) Where, in the case of an originating summons
to which appearance is required to be entered, any defendant
served with the summons has entered, or has within the time
limited for appearing failed to enter, an appearance,


Notices to admit
or produce
documents
(O. 27, r. 5).

Application
(O. 28, r. 1).

Fixing time for
attendance of
parties before
court
(O. 28, r. 2).

CH.53 – 124] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

the plaintiff may obtain an appointment for the attendance
of the parties before the Court for the hearing of the
summons, and a day and time for their attendance shall be
fixed by a notice (in Form No. 12 in Appendix A) sealed
with the seal of the Court.

(2) A day and time for the attendance of the, parties
before the Court for the hearing of an originating summons
to which appearance is not required, or for the hearing of
an ex parte originating summons, may be fixed on the
application of the plaintiff or applicant, as the case may be.

(3) Where a plaintiff fails to apply for an
appointment under paragraph (1), any defendant may, with
the leave of the Court, obtain an appointment in accordance
with that paragraph provided that he has entered an
appearance.

3. (1) Not less than 4 clear days before the day
fixed under rule 2 for the attendance of the parties before
the Court for the hearing of an originating summons to
which appearance is required to be entered, the party on
whose application the day was fixed must serve a copy of
the notice fixing it on every other party, who has entered
an appearance and, if the first-mentioned party is a
defendant, on the plaintiff.

(2) Not less than 4 clear days before the day fixed
under rule 2 for the hearing of an originating summons to
which appearance is not required, the plaintiff must serve
the summons on every defendant.

(3) Where the plaintiff intends to adduce evidence
in support of an originating summons at the first hearing
thereof he must do so by affidavit and, not less than 4 clear
days before the hearing, serve a copy thereof on every
defendant who has entered an appearance or, if the
summons is one to which appearance is not required, on
every defendant who has been served with the summons.

(4) Not less than 4 clear days before the day fixed
for the hearing of an ex parte originating summons the
applicant must file an affidavit in support of the summons.

4. (1) The Court by whom an originating summons
is heard may, if the liability of the defendant to the plaintiff
in respect of any claim made by the plaintiff is established,
make such order in favour of the plaintiff as the nature of


Notice of first
hearing, etc.
(O. 28, r. 3).

Directions, etc.,
by Court
(O. 28, r. 4).

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the case may require, but where the Court makes an order
under this paragraph against a defendant who does not
appear at the hearing, the order may be varied or revoked
by a subsequent order of the Court on such terms as it
thinks just.

(2) Unless on the first hearing of an originating
summons the Court disposes of the summons altogether or
makes an order under rule 8, the Court shall give such
directions as to the further conduct of the proceedings as it
thinks best adapted to secure the just, expeditious and
economical disposal thereof.

(3) Without prejudice to the generality of paragraph
(2), the Court shall, at as early a stage of the proceedings
on the summons as appears to it to be practicable, consider
whether there is or may be a dispute as to fact and whether
the just, expeditious and economical disposal of the
proceedings can accordingly best be secured by hearing the
summons on oral evidence or mainly on oral evidence, and,
if it thinks fit, may order no further evidence shall be filed
and that the summons shall be heard on oral evidence or
partly on oral evidence and partly on affidavit evidence,
with or without cross-examination of any of the depo-
nents, as it may direct.

(4) Without prejudice to the generality of paragraph
(2), and subject to paragraph (3), the Court may give
directions as to the filing of evidence and as to the
attendance of deponents for cross-examination and any
directions which it could give under Order 25 if the cause
or matter had been begun by writ and the summons were a
summons for directions under that Order.

5. (1) The hearing of the summons by the Court
may (if necessary) be adjourned from time to time, either
generally or to a particular date, as may be appropriate, and
the powers of the Court under rule 4 may be exercised at
any resumed hearing.

(2) If the hearing of the summons is adjourned
generally, the party on whose application the day for its
hearing was fixed under rule 2 may restore it to the list on
two days’ notice to all the other parties (except a defendant
who has failed to enter an appearance, or if the summons is
one to which an appearance is not required, has not been
served with the summons), and any of those parties may
restore it with the leave of the Court.

Adjournment of
summons
(O. 28, r. 5).

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

6. Where in a cause or matter begun by originating
summons an application is made to the Court for an order
affecting a party who has failed to enter an appearance, the
Court hearing the application may require to be satisfied in
such manner as it thinks fit that the party is in default of
appearance.

7. (1) A defendant to an action begun by originating
summons who has entered an appearance to the summons
and who alleges that he has any claim or is entitled to any
relief or remedy against the plaintiff in respect of any matter
(whenever and however arising) may make a counterclaim in
the action in respect of that matter instead of bringing a
separate action.

(2) A defendant who wishes to make a counterclaim
under this rule must at the first or any resumed hearing of
the originating summons by the Court but, in any case, at
as early a stage in the proceedings as is practicable, inform
the Court of the nature of his claim and, without prejudice
to the powers of the Court under paragraph (3), the claim
shall be made in such manner as the Court may direct
under rule 4 or rule 8.

(3) If it appears on the application of a plaintiff
against whom a counterclaim is made under this rule that
the subject-matter of the counterclaim ought for any reason
to be disposed of by a separate action, the Court may order
the counterclaim to be struck out or may order it to be tried
separately or make such other order as may be expedient.

8. (1) Where, in the case of a cause or matter
begun by originating summons, it appears to the Court at
any stage of the proceedings that the proceedings should
for any reason be continued as if the cause or matter had
been begun by writ, it may order the proceedings to
continue as if the cause or matter had been so begun and
may, in particular, order that any affidavits shall stand as
pleadings, with or without liberty to any of the parties to
add thereto or to apply for particulars thereof.

(2) Where the Court decides to make such an order,
Order 25, rules 2 to 7, shall, with the omission of so much
of rule 7(1) as requires parties to serve a notice specifying
the orders and directions which they require and with any
other necessary modifications, apply as if there had been a
summons for directions in the proceedings and that order
were one of the orders to be made thereon.

Application
affecting party in
default of
appearance
(O. 28, r. 6).

Counterclaim by
defendant
(O. 28, r. 7).

Continuation of
proceedings as if
cause or matter
begun by writ
(O. 28, r. 8).

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(3) This rule applies notwithstanding that the cause
or matter in question could not have been begun by writ.

(4) Any reference in these rules to an action begun
by writ, shall, unless the context otherwise requires, be
construed as including a reference to a cause or matter
proceedings in which are ordered under this rule to
continue as if the cause or matter had been so begun.

9. (1) Except where the Court disposes of a cause
or matter begun by originating summons in chambers or
makes an order in relation to it under rule 8 or some other
provision of these Rules, the Court shall, on being satisfied
that the cause or matter is ready for determination, make an
order for the hearing or trial in accordance with this rule.

(2) The Court shall make such order as to the
hearing of the cause or matter in court as may be
appropriate; and where it makes such an order, it shall, on
being satisfied that the fee payable on adjourning an
originating summons from chambers into court has been
paid, cause the originating summons, a copy thereof and
every other document that will be required by the judge to
be sent to the proper officer who shall set down the cause
or matter for hearing.

(3) The Court shall by order determine the place and
mode of the trial, but any such order may be varied by a
subsequent order of the Court made at or before the trial.

(4) Order 33, rule 4(2), and Order 34, rules 1 to 7,
shall apply in relation to a cause or matter begun by
originating summons and to an order made therein under
this rule as they apply in relation to an action begun by writ
and to an order made therein under the said rule 4 and shall
have effect accordingly with the necessary modifications
and with the further modification that for references therein
to the summons for directions there shall be substituted
references to the first or any resumed hearing of the
originating summons by the Court.

10. (1) If the plaintiff in a cause or matter begun by
originating summons makes default in complying with any
order or direction of the Court as to the conduct of the
proceedings, or if the Court is satisfied that the plaintiff in


Order for hearing
or trial
(O. 28, r. 9).

Failure to
prosecute
proceedings with
despatch
(O. 28, r. 10).

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

a cause or matter so begun is not prosecuting the
proceedings with due despatch, the Court may order the
cause or matter to be dismissed or may make such other
order as may be just.

(2) Paragraph (1) shall, with any necessary
modifications, apply in relation to a defendant by whom a
counterclaim is made under rule 7 as it applies in relation
to a plaintiff.

(3) Where, by virtue of an order made under rule 8,
proceedings in a cause or matter begun by originating
summons are to continue as if the cause or matter had been
begun by writ, the foregoing provisions of this rule shall
not apply in relation to the cause or matter after the making
of the order.

11. Order 34, rule 6, shall apply in relation to an
action begun by originating summons as it applies in
relation to an action begun by writ.

ORDER 29
INTERLOCUTORY INJUNCTIONS, INTERIM
PRESERVATION OF PROPERTY, INTERIM

PAYMENTS, ETC.
I. Interlocutory Injunctions, Interim Preservation of

Property, etc.
(R.S.C. 1978)

1. (1) An application for the grant of an injunction
may be made by any party to a cause or matter before or
after the trial of the cause or matter, whether or not a claim
for the injunction was included in that party’s writ,
originating summons, counterclaim or third party notice, as
the case may be.

(2) Where the applicant is the plaintiff and the case is
one of urgency such application may be made ex parte on
affidavit but, except as aforesaid, such application must be
made by motion or summons.

(3) The plaintiff may not make such an application
before the issue of the writ or originating summons by
which the cause or matter is to be begun except where the
case is one of urgency, and in that case the injunction


Abatement, etc.,
of action
(O. 28, r. 11).

Application for
injunction
(O. 29, r. 1).

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applied for may be granted on terms providing for the issue
of the writ or summons and such other terms, if any, as the
Court thinks fit.

2. (1) On the application of any party to a cause or
matter the Court may make an order for the detention,
custody or preservation of any property which is the
subject-matter of the cause or matter, or as to which any
question may arise therein, or for the inspection of any
such property in the possession of a party to the cause or
matter.

(2) For the purpose of enabling any order under
paragraph (1) to be carried out the Court may by the order
authorise any person to enter upon any land or building in
the possession of any party to the cause or matter.

(3) Where the right of any party to a specific fund is
in dispute in a cause or matter, the Court may, on the
application of a party to the cause or matter, order the fund
to be paid into court or otherwise secured.

(4) An order under this rule may be made on such
terms, if any, as the Court thinks just.

(5) An application for an order under this rule must
be made by summons or by notice under Order 25, rule 7.

(6) Unless the Court otherwise directs, an application
by a defendant for such an order may not be made before he
enters an appearance.

3. (1) Where it considers it necessary or expedient
for the purpose of obtaining full information or evidence in
any cause or matter, the Court may, on the application of a
party to the cause or matter, and on such terms, if any, as it
thinks just, by order authorise or require any sample to be
taken of any property which is the subject-matter of the
cause or matter or as to which any question may rise
therein, any observation to be made on such property or
any experiment to be tried on or with such property.

(2) For the purpose of enabling any order under
paragraph (1) to be carried out the Court may by the order
authorise any person to enter upon any land or building in
the possession of any party to the cause or matter.

(3) Rule 2(5) and (6) shall apply in relation to an
application for an order under this rule as they apply in
relation to an application for an order under that rule.

Detention,
preservation,
etc., of subject-
matter of cause
or matter
(O. 29, r. 2).

Power to order
samples to be
taken, etc.
(O. 29, r. 3).

CH.53 – 130] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

4. (1) The Court may, on the application of any
party to a cause or matter, make an order for the sale by
such person, in such manner and on such terms (if any) as
may be specified in the order of any property (other than
land) which is the subject-matter of the cause or matter or
as to which any question arises therein and which is of a
perishable nature or likely to deteriorate if kept or which
for any other good reason it is desirable to sell forthwith. In
this paragraph “land” includes any interest in, or right over,
land.

(2) Rule 2(5) and (6) shall apply in relation to an
application for an order under this rule as they apply in
relation to an application for an order under that rule.

5. Where on the hearing of an application, made
before the trial of a cause or matter, for an injunction or the
appointment of a receiver or an order under rule 2, 3 or 4, it
appears to the Court that the matter in dispute can be better
dealt with by an early trial than by considering the whole
merits thereof for the purposes of the application, the Court
may make an order accordingly and may also make such
order as respects the period before trial as the justice of the
case requires. Where the Court makes an order for early
trial it shall by the order determine the place and mode of
the trial.

6. Where the plaintiff, or the defendant by way of
counterclaim claims the recovery of specific property
(other than land) and the party from whom recovery is
sought does not dispute the title of the party making the
claim but claims to be entitled to retain the property by
virtue of a lien or otherwise as security for any sum of
money, the Court, at any time after the claim to be so
entitled appears from the pleadings (if any) or by affidavit
or otherwise to its satisfaction, may order that the party
seeking to recover the property be at liberty to pay into
court, to abide the event of the action, the amount of
money in respect of which the security is claimed and such
further sum (if any), for interest and costs as the Court may
direct and that, upon such payment being made, the
property claimed be given up to the party claiming it, but
subject to the provisions of the Exchange Control
Regulations.

Sale of perishable
property, etc.
(O. 29, r. 4).

Order for early
trial

Recovery of
personal
property subject
to lien, etc.
(O. 29, r. 6).

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7. (1) Where an application is made under any of
the foregoing provisions of this Order, the Court may give
directions as to the further proceedings in the cause or
matter.

(2) If, in an action begun by writ, not being any
such action as is mentioned in subparagraphs (a) to (c) and
(e) of Order 25, rule 1(2), the Court thinks fit to give
directions under this rule before the summons for
directions, rules 2 to 7 of that order shall, with the omission
of so much of rule 7(1) as requires parties to serve a notice
specifying the orders and directions which they desire and
with any other necessary modifications, apply as if the
application were a summons for directions.

8. Where any real or personal property forms the
subject-matter of any proceedings, and the Court is
satisfied that it will be more than sufficient to answer all
the claims thereon for which provision ought to be made in
the proceedings, the Court may at any time allow the whole
or part of the income of the property to be paid, during
such period as it may direct, to any or all of the parties who
have an interest therein or may direct that any part of the
personal property be transferred or delivered to any or all
of such parties.

II. Interim Payments
9. In this Part of this Order —
“interim payment”, in relation to a defendant, means

a payment on account of any damages in
respect of personal injuries to the plaintiff or
any other person or in respect of a person’s
death which that defendant may be held liable
to pay to or for the benefit of the plaintiff;

any reference to the plaintiff or defendant includes a
reference to any person who, for the purpose of the
proceedings, acts as next friend to the plaintiff or guardian
of the defendant.

10. In an action for personal injuries the plaintiff may,
at any time after the writ has been served on a defendant and
the time limited for him to appear has expired, apply to the
Court for an order requiring that defendant to make
an interim payment.

Directions
(O. 29, r. 7).

Allowance of
income of
property
pendente lite
(O. 29, r. 8).

Interpretation of
Part II
(O. 29, r. 9).

Application for
interim payment
(O. 29, r. 10).

CH.53 – 132] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

11. (1) An application under rule 10 must be made
by summons, stating the grounds on which the application
is made, and be supported by an affidavit, which must —

(a) verify the special damages, if any, claimed by
the plaintiff up to the date of the application;

(b) exhibit the hospital and medical reports, if any,
relied upon by the plaintiff in support of the
application; and

(c) if the plaintiff’s claim is made under the Fatal
Accidents Act, contain the particulars mentioned
in section 9 of the Act.

(2) The summons and a copy of the affidavit in
support and any exhibit referred to therein must be served
on the defendant against whom the order is sought not less
than 10 clear days before the return day.

(3) Notwithstanding the making or refusal of an order
for an interim payment, a second or subsequent application
may be made upon cause shown by reason of a change of
circumstances.

12. (1) If, on the hearing of an application under rule
10, the Court is satisfied —

(a) that the defendant against whom the order is
sought (in this paragraph referred to as “the
respondent”) has admitted liability for the
plaintiff’s claim; or

(b) that the plaintiff has obtained judgment against
the respondent for damages to be assessed; or

(c) that, if the action proceeded to trial, the plaintiff
would succeed in the action on the question of
liability without any substantial reduction of the
damages for fault on his part or on the part of
any person in respect of whose injury or death
the plaintiff’s claim arises and would obtain
judgment for damages against the respondent or,
where there are two or more defendants, against
any of them,

the Court may, if it thinks fit and subject to paragraph (2),
order the respondent to make an interim payment of such
amount as it thinks just, not exceeding a reasonable
proportion of the damages which in the opinion of the
Court are likely to be recovered by the plaintiff.

Manner in which
application under
rule 10 must be
made
(O. 29,
r. 11).

Order for interim
payment
(O. 29, r. 12).

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(2) No order shall be made under paragraph (1) if it
appears to the Court that the defendant, or, if there are two
or more defendants, any of them, is not a person falling
within one of the following categories, namely —

(a) a person who is insured in respect of the
plaintiff’s claim;

(b) a public authority;
(c) a person whose means and resources are such as

to enable him to make the interim payment.
(3) Subject to Order 70, rule 10, the amount of any

interim payment ordered to be made shall be paid to the
plaintiff unless the order provides for it to be paid into
court, and where the amount is paid into court, the Court
may, on the ex parte application of the plaintiff, order the
whole or any part of it to be paid out to him at such time or
times as the Court thinks fit.

(4) An interim payment may be ordered to be made
in one sum or by such instalments as the Court thinks fit.

13. (1) Where an application is made under rule 10,
the Court may give directions as to the further conduct of
the action.

(2) If, in a case to which subparagraph (c) of rule
12(1) applies, the Court thinks fit to give directions under
this rule before the summons for directions, Order 25, rules
2 to 7, shall, with the omission of so much of rule 7(1) as
requires parties to serve a notice specifying the orders and
directions which they desire and with any other necessary
modifications, apply as if the application were a summons
for directions, and in particular the Court may order an
early trial of the action.

14. The fact that an order has been made under rule
12 shall not be pleaded and no communication of that fact
shall be made to the Court at the trial or hearing of the
action or of any question or issue as to liability or damages
until all questions of liability and the amount of the
damages have been decided.

15. Where, after making an interim payment
pursuant to an order under rule 12, a defendant pays a sum
of money into court under Order 22, rule 1, the notice of
payment must state that the defendant has taken into
account the interim payment.

Directions on
application under
rule 10
(O. 29, r. 13).

Non-disclosure
of order for
interim payment
(O. 29, r. 14).

Payment into
court
(O. 29, r. 15).

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

16. Where a defendant has made an interim payment
pursuant to an order under rule 12, the Court may, on
giving or making a final judgment or order determining
that defendant’s liability to the plaintiff in the action, make
any such order with respect to the interim payment as may
be necessary for giving effect to the determination and in
particular —

(a) an order for the repayment by the plaintiff of
any sum by which the interim payment exceeds
the amount which that defendant is liable to pay
the plaintiff; or

(b) an order for the payment by any other defendant
of any part of the interim payment which the
defendant who made it is entitled to recover
from him by way of contribution or indemnity or
in respect of any remedy or relief relating to or
connected with the plaintiff’s claim.

17. A defendant who makes a counterclaim for
damages in respect of personal injuries to himself or any
other person or in respect of a person’s death may apply for
an order requiring the plaintiff to make an interim payment
and this Part of this Order shall apply accordingly with the
necessary modifications.

ORDER 30
RECEIVERS
(R.S.C. 1978)

1. (1) An application for the appointment of a
receiver may be made by summons or motion.

(2) An application for an injunction ancillary or
incidental to an order appointing a receiver may be joined
with the application for such order.

(3) Where the applicant wishes to apply for the
immediate grant of such an injunction, he may do so ex
parte on affidavit.

(4) The Court hearing an application under
paragraph (3) may grant an injunction restraining the party
beneficially entitled to any interest in the property of which
a receiver is sought from assigning, charging or otherwise
dealing with that property until after the hearing of a


Adjustment on
final judgment or
order
(O. 29, r. 16).

Interim order on
counterclaim
(O. 29, r. 17).

Application for
receiver and
injunction
(O. 30, r. 1).

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summons for the appointment of the receiver and may
require such a summons returnable on such date as the
Court may direct, to be issued.

2. (1) Where a judgment is given, or order made,
directing appointment of a receiver, then, unless the
judgment, or order otherwise directs, a person shall not be
appointed receiver in accordance with the judgment or
order until he has given security in accordance with this
rule.

(2) Where by virtue of paragraph (1), or of any
judgment or order appointing a person named therein to be
receiver, a person is required to give security in accordance
with this rule he must give security approved by the Court
duly to account for what he receives as receiver and to deal
with it as the Court directs.

(3) Unless the Court otherwise directs, the security
shall be by guarantee or, if the amount for which the
security is to be given does not exceed $3,000, by an
undertaking.

(4) The guarantee or undertaking must be filed in
the Registry, and it shall be kept as of record until duly
vacated.

3. A person appointed receiver shall be allowed
such proper remuneration, if any, as may be fixed by the
Court.

4. (1) A receiver must submit accounts to the Court
at such intervals or on such dates as the Court may direct in
order that they may be passed.

(2) Unless the Court otherwise directs, each account
submitted by a receiver must be accompanied by an
affidavit verifying it.

(3) The receiver’s account and affidavit (if any)
must be left at the Registry, and the plaintiff or party
having the conduct of the cause or matter must thereupon
obtain an appointment for the purpose of passing such
account.

(4) The passing of a receiver’s account must be
certified by the Registrar.

5. The days on which a receiver must pay into court
the amounts shown by his account as due from him, or
such part thereof as the Court may certify as proper to be
paid in by him, shall be fixed by the Court.

Giving of
security by
receiver
(O. 30)

Remuneration of
receiver
(O. 30)

Receiver’s
accounts
(O. 30, r. 4).

Payment of
balance, etc., by
receiver
(O. 30, r. 5).

CH.53 – 136] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

6. (1) Where a receiver fails to attend for the
passing of any account of his, or fails to submit any
account, make any affidavit or do any other thing which he
is required to submit, make or do, he and any or all of the
parties to the cause or matter in which he was appointed
may be required to attend in chambers to show cause for
the failure, and the Court may, either in chambers or after
adjournment into court, give such directions as it thinks
proper including, if necessary, directions for the discharge
of the receiver and the appointment of another and the
payment of costs.

(2) Without prejudice to paragraph (1), where a
receiver fails to attend for the passing of any account of his
or fails to submit any account or fails to pay into court on
the date fixed by the Court any sum shown by his account
as due from him, the Court may disallow any remuneration
claimed by the receiver in any subsequent account and
may, where he has failed to pay any such sum into court,
charge him with interest at the rate of $12 per cent per
annum on that sum while in his possession as receiver.

ORDER 31
SALES, ETC., OF LAND BY ORDER OF COURT:
CONVEYANCING COUNSEL OF THE COURT

I. Sales, etc., of Land by Order of Court
(R.S.C. 1978)

1. Where in any cause or matter relating to any
land it appears necessary or expedient for the purposes of
the cause or matter that the land or any part thereof should
be sold, the Court may order that land or part to be sold,
and any party bound by the order and in possession of that
land or part, or in receipt of the rents and profits thereof,
may be compelled to deliver up such possession or receipt
to the purchaser or to such other person as the Court may
direct. In this Order “land” includes any interest in, or right
over, land.

2. (1) Where an order is made, whether in court or
in chambers, directing any land to be sold, the Court may
permit the party or person having the conduct of the sale to
sell the land in such manner as he thinks fit, or may


Default by
receiver
(O. 30, r. 6).

Power to order
sale of land
(O. 31, r. 1).

Manner of
carrying out sale
(O. 31, r. 2).

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direct that the land be sold in such manner as the Court
may either by the order or under paragraph (4) direct for
the best price that can be obtained, and all proper parties
shall join in the sale and conveyance as the Court shall
direct.

(2) The party entitled to prosecute the order must —
(a) leave a copy of the order at the judge’s

chambers with a certificate that it is a true copy
of the order; and

(b) subject to paragraph (3), take out a summons to
proceed with the order.

(3) Where an order for sale contains directions with
regard to effecting the sale, the party entitled to prosecute
the order shall not take out a summons under paragraph (2)
unless and until he requires the further directions of the
Court.

(4) On the hearing of the summons the Court may
give such directions, as it thinks fit for the purpose of
effecting the sale, including, without prejudice to the
generality of the foregoing words, directions —

(a) appointing the party or person who is to have the
conduct of the sale;

(b) fixing the manner of sale, whether by contract
conditional on the approval of the Court, private
treaty, public auction, tender or some other
manner;

(c) fixing a reserve or minimum price;
(d) requiring payment of the purchase money into

court or to trustees or other persons;
(e) for settling the particulars and conditions of sale;
(f) for obtaining evidence of the value of the

property;
(g) fixing the security (if any) to be given by the

auctioneer, if the sale is to be by public auction,
and the remuneration to be allowed him;

(h) requiring an abstract of the title to be referred to
conveyancing counsel of the Court or some
other conveyancing counsel for his opinion
thereon and to settle the particulars and
conditions of sale.

3. (1) If either the Court has directed payment of
the purchase money into court or the Court so directs, the
result of a sale by order of the Court must be certified —

Certifying result
of sale
(O. 31, r. 3).

CH.53 – 138] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(a) in the case of a sale by public auction, by the
auctioneer who conducted the sale; and

(b) in any other case, by the attorney of the party or
person having the conduct of the sale; and the
Court may require the certificate to be verified
by the affidavit of the auctioneer or attorney, as
the case may be.

(2) The attorney of the party or person having the
conduct of the sale must leave a copy of the certificate and
affidavit (if any) at the judge’s chambers and, not later than
two days after doing so, file the certificate and any
affidavit in the Registry.

4. Rules 2 and 3 shall, so far as applicable and with
the necessary modifications, apply in relation to the
mortgage, exchange or partition of any land under an order
of the Court as they apply in relation to the sale of any land
under such an order.

II. Conveyancing Counsel of the Court
5. The Court may appoint and refer to conveyancing

counsel of the Court —
(a) any matter relating to the investigation of the title

to any property with a view to an investment of
money in the purchase or on mortgage thereof, or
with a view to the sale thereof;

(b) any matter relating to the settlement of a draft of
a conveyance, mortgage, settlement or other
instrument; and

(c) any other matter it thinks fit,
and may act upon his opinion in the matter referred.

6. Any party may object to the opinion given by
any conveyancing counsel on a reference under rule 5, and
if he does so the point in dispute shall be determined by the
judge either in chambers or in court as he thinks fit.

7. The Court may direct or transfer a reference to a
particular conveyancing counsel of the Court.

8. (1) When any matter is referred to conveyancing
counsel of the Court, a minute of the order of reference
shall be prepared and signed by the Registrar.

Mortgage,
exchange or
partition under
order of the court
(O. 31, r. 4).

Reference of
matters to
conveyancing
counsel of court
(O. 31, r. 5).

Objection to
conveyancing
counsel’s opinion
(O. 31, r. 6).

Distribution of
references among
conveyancing
counsel
(O. 31, r. 7).
Obtaining
counsel’s opinion
on reference
(O. 31, r. 8).

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(2) A minute signed as mentioned in paragraph (1)
is sufficient authority for counsel to proceed with the
reference.

ORDER 31A

CASE MANAGEMENT BY COURT

PART I
OBJECTIVE

1. The Court shall deal with cases actively by
managing cases, which may include —

(a) encouraging the parties to co-operate with each
other in the conduct of proceedings;

(b) identifying the issues in the case at an early
stage;

(c) deciding promptly which issues need full
investigation and trial and accordingly disposing
summarily of the others;

(d) deciding the order in which issues are to be
resolved;

(e) encouraging the parties to use any appropriate
form of dispute resolution and facilitating the
use of such procedures;

(f) actively encouraging and assisting parties to
settle the whole or part of their case on terms
that are fair to each party;

(g) setting time standards or otherwise controlling
the progress of the case;

(h) considering whether the likely benefits of taking
a particular step will justify the cost of taking
that step;

(i) dealing with as many aspects of the case as is
practicable on the same occasion;

(j) dealing with the case or any aspect of it, where it
appears appropriate to do so, without requiring
the parties to attend court;

(k) making appropriate use of technology;
(l) giving directions to ensure that the trial of the

case proceeds quickly and efficiently; and
(m) ensuring that no party gains an unfair advantage

by reason of that party’s failure to give full

S.I. 44/2004.

Court’s duty to
actively manage
cases (O.31A.
r.1).

CH.53 – 139B] SUPREME COURT





STATUTE LAW OF THE BAHAMAS LRO 1/2006

disclosure of all relevant facts prior to the trial
or the hearing of any application.

PART II
DISPUTE RESOLUTION CONFERENCE

2. (1) After the close of pleadings, a claim or any
issue arising in a claim shall forthwith be referred by the
Registrar to a dispute resolution conference.

(2) The conference must be conducted in
accordance with the rules in this Part.

3. A judge or the Registrar, shall conduct the
conference.

4. The judge or the Registrar as the case may be,
who conducts the dispute resolution conference may —

(a) conduct a mediation, assisting the parties by
meeting with them together or separately to
encourage and facilitate discussion between
them in an attempt to reach a mutually
acceptable resolution of the dispute or any part
of it;

(b) conduct an early evaluation of the proceedings
or any issues in them to evaluate the relative
strengths and weaknesses of the positions
advanced by each party; and

(c) adopt any procedure that is just to the parties to
facilitate and encourage an early settlement of
one or more issues in dispute between them.

5. Discussions in a dispute resolution conference
and documents prepared solely for the purposes of such a
conference are confidential and may not be disclosed to a
third party.

6. (1) Where a settlement of the whole of any
proceeding is reached at a dispute resolution conference —

(a) the settlement shall be recorded in writing and
signed by the parties or their counsel and
attorneys; and

(b) notice of the settlement must be filed at the
Registry within 14 days after the settlement is
reached and thereafter the Registrar shall
forthwith mark the writ or other originating
document “settled”.

Dispute
resolution
conference
(O.31A, r.2).

Person conduct-
ing conference
(O.31A, r.3).

Procedure for
dispute resolu-
tion conference
(O.31A, r.4).

Confidentiality
(O.31A, r.5).

Notice of
settlement
(O.31A, r.6).

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(2) Where only part of the proceedings is settled,
the judge or the Registrar —

(a) shall make an order setting out the issues that
have not been resolved; and

(b) shall give directions in accordance with Part III
to ensure the fair, expeditious and economic trial
of those issues.

(3) Where no settlement of the proceedings is
reached, the following shall apply —

(a) where the conference is conducted by a judge,
the judge shall give directions in accordance
with Part III to ensure the fair, expeditious and
economic trial of the issues; or

(b) where the conference is conducted by the
Registrar, the Registrar shall refer the matter to a
judge who shall give directions in accordance
with sub-paragraph (a).

PART III
CASE MANAGEMENT CONFERENCE

PROCEDURE
7. This Part deals with the procedures by which a

judge will manage a case which was not resolved under
Part II.

8. (1) Where only part of the proceedings is settled
or no settlement of the proceedings is reached, the
Registrar shall cause to be fixed a case management
conference.

(2) The Registrar must give all parties not less than
14 days notice of the date, time and place of the case
management conference.

(3) The judge may with or without an application
direct that shorter notice be given —

(a) if the parties agree; or
(b) in urgent cases.
(4) The judge may make some other order where the

case management conference has to be adjourned due to
the failure of one or more parties to —

(a) attend the hearing; or
(b) co-operate fully in achieving the objective of the

case management conference.

Scope of this Part
(O.31A, r.7).

Case
management
conference (O.
31A, r.8).

CH.53 – 139D] SUPREME COURT





STATUTE LAW OF THE BAHAMAS LRO 1/2006

9. (1) On the application of a party the judge may
dispense with a case management conference if he is
satisfied that —

(a) the case may be dealt with justly without a case
management conference; and

(b) the cost of the case management conference to
the parties is disproportionate to the value of the
proceedings and the benefits that might be
achieved by a case management conference; or,

(c) in any case, the case should be dealt with as a
matter of urgency.

(2) Where the judge dispenses with a case
management conference, he must immediately —

(a) give directions in writing about the preparation
of the case;

(b) set a timetable for the steps to be taken between
the giving of directions and the trial;

(c) fix a date for a pre-trial review unless he is
satisfied that the case may be dealt with justly
without a pre-trial review; and

(d) in any event, fix —
(i) the trial date; or
(ii) the period within which the trial is to take

place; and, in either case;
(iii) the date by which a listing questionnaire is

to be filed by the parties at the Registry.
(3) The Registrar must serve the directions made

under paragraph (2) on all parties and give notice of —
(a) the trial date or trial period; and
(b) the date on which the listing questionnaire is to

be filed by the parties.
10. Where —
(a) the parties consent;
(b) the judge is satisfied that he can deal with the

claim justly in a summary manner;
(c) the claim is for a specified sum of money,

interest and costs only; and
(d) the sum of money does not exceed $50,000,

the judge may without a hearing —
(i) dispense with a case management

conference and pre-trial review;

Dispensing with
case management
conference
(O.31A, r.9).

Small money
claims (O.31A,
r.10).

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(ii) fix the trial date and dispense with a listing
questionnaire under rule 16;

(iii) dispense with all or any of the
requirements relating to the preparation
and filing of bundles of documents; and

(iv) give any directions that will assist in the
speedy and just trial of the claim including
any direction that might be given under
this Part or Part V.

11. Application for summary judgment under O.14
shall be made to a judge.

12. (1) Where a party is represented by a counsel
and attorney, that counsel and attorney or another counsel
and attorney who is authorised to act on his behalf must
attend the case management conference and any pre-trial
review.

(2) The party or a person who is in a position to
represent the interests of the party (other than the counsel
and attorney) must attend the case management conference
or pre-trial review.

(3) The judge may dispense with the attendance of a
party or representative if upon prior representation the
Court is satisfied that such attendance is not necessary.

(4) Where the case management conference or pre-
trial review is not attended by the counsel and attorney and
the party or a representative, the Court may adjourn the
case management conference or pre-trial review to a fixed
date and may exercise any of its powers under Part IV.

(5) Subject to paragraph (3), if the Court is satisfied
that notice of the hearing has been served on the absent
party or parties in accordance with these Rules, then —

(a) if the claimant does not attend, the Court may
strike out the claim; and

(b) if any defendant does not attend, the Court may
enter judgment against that defendant in default
of such attendance.

13. (1) At a case management conference the Court
must consider whether to give directions for —

(a) standard disclosure and inspection;
(b) service of witness statements; and
(c) service of experts’ reports if any,

Application for
summary
judgment.
Attendance at
case management
conference or
pre-trial review
(O.31A, r.12).

Orders to be
made at case
management
conference
(O.31A, r.13).

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STATUTE LAW OF THE BAHAMAS LRO 1/2006

by dates fixed by the Court.
(2) The judge may also give directions for the

preparation of —
(a) an agreed statement of facts;
(b) an agreed statement of issues;
(c) an agreed statement of the basic technical,

scientific or medical matters in issue; and
(d) an agreed statement as to any relevant specialist

area of law, which statement does not bind the
trial judge.

(3) The judge must direct whether the trial is to be
before —

(a) a judge alone; or
(b) a judge with a jury.
(4) The judge must fix a date for a pre-trial review

unless he is satisfied that, having regard to the value,
importance and complexity of the case, it may be dealt
with justly without a pre-trial review.

(5) The judge shall in any event, —
(a) fix —

(i) the trial date; or
(ii) the period within which the trial is to

commence; and
(iii) the date by which a listing questionnaire is

to be filed at the Court by the parties; and
(b) direct which party must draft the order.
(6) The plaintiff or such other party as the Court

may direct must serve the order containing the directions
made on all other parties giving notice of —

(a) the trial date or trial period;
(b) the date of any pre-trial review; and
(c) the date by which the listing questionnaire is to

be filed by the parties.
14. (1) The Court shall not adjourn a case

management conference without fixing a new date, time
and place for the adjourned case management conference.

(2) Where the Court is satisfied that —
(a) the parties are in the process of negotiating, or

are likely to negotiate, a settlement; or

Adjournment of
case management
conference
(O.31A, r.14).

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(b) the parties are attending, or have arranged to
attend, a form of alternative dispute resolution
procedure,

the judge may adjourn the case management conference to
a suitable date, time and place to enable negotiations or the
alternative dispute resolution procedure to continue.

(3) Where the case management conference is
adjourned under paragraph (2) each party shall notify the
judge in writing promptly if the claim is settled and serve a
copy on the Registrar.

(4) The judge may give directions as to the
preparation of the case for trial if the case management
conference is adjourned.

(5) So far as practicable, any adjourned case
management conference and procedural applications made
prior to a pre-trial review must be heard and determined by
the judge who conducted the first case management
conference.

15. (1) A party must apply to the judge if that party
wishes to vary a date which the judge has fixed for —

(a) a case management conference;
(b) a party to do something where the order

specifies the consequences of failure to comply;
(c) a pre-trial review;
(d) the return of a listing questionnaire; or
(e) the trial date or trial period.
(2) No date set by a judge under these Rules for

doing any act may be varied by the parties if the variation
would make it necessary to vary any of the dates
mentioned in paragraph (1).

(3) A party seeking to vary any other date in the
timetable without the agreement of the other parties must
apply to the judge before that date.

(4) A party who applies after that date must apply —
(a) for relief from any sanction to which the party

has become subject under these Rules or any
Court order; and

(b) for an extension of time.
(5) The parties may agree to vary a date in the

timetable other than one mentioned in paragraphs (1) or
(2).

Variation of case
management
timetable
(O.31A, r.15).

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STATUTE LAW OF THE BAHAMAS LRO 1/2006

(6) Where the parties so agree, they must —
(a) file a consent application for an order to that

effect; and
(b) certify on that application that the variation

agreed will not affect the date fixed for the trial
or, if no date has been fixed, the period in which
the trial is to commence,

and the timetable shall be accordingly varied unless the
judge directs otherwise.

16. (1) Each party must file the completed listing
questionnaire, in the Form in the Schedule, at the Registry
by the date directed under rule 13(5).

(2) Where —
(a) a party —

(i) fails to file the completed questionnaire at
the Registry by the date fixed under rule
13(5); or

(ii) fails to give all the information requested
by the listing questionnaire; or

(b) the judge considers that a hearing is necessary to
enable him to decide what directions to give in
order to complete the preparation of the case,

the judge may fix a listing appointment and direct any or
all of the parties to attend the appointment.

(3) The judge must give all parties at least 7 days
notice of the date, time and place of the listing
appointment.

(4) Any party at fault must attend the listing
appointment.

(5) At the listing appointment the judge must —
(a) give any directions which may be needed to

complete the preparation of the case for trial
without any adjournment of the trial; and

(b) where the listing appointment has been fixed
under paragraph (2)(a), order the party at fault to
pay the costs of the hearing unless there is a
special reason why the Court should not make
such an order.

(6) Apart from the requirement to complete a listing
questionnaire, the judge may at any time require the parties

Listing
questionnaire
(O.31A, r.16).

Schedule to O.
31A.

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to answer a questionnaire to assist him in the management
of the case.

17. (1) As soon as practicable after —
(a) each party has returned a completed listing

questionnaire to the Registry, or
(b) the Court has held a listing appointment under

rule 16(3),
the Registrar must fix the date of the trial or, if the judge
has already done so, confirm that date and notify the
parties.

(2) The Registrar must give the parties at least 8
weeks notice of the date of the trial.

(3) The Court may however give shorter notice —
(a) if the parties agree; or
(b) where the Court considers it necessary to do so

in the interest of justice.

PART IV
POWERS OF THE COURT

18. (1) The Court’s powers in this rule are in
addition to any powers given to the Court by any other
rule, practice direction or enactment.

(2) Except where these Rules provide otherwise, the
Court may —

(a) consolidate proceedings;
(b) extend or shorten the time for compliance with

any rule, practice direction, order or direction of
the Court even if the application for an extension
is made after the time for compliance has
passed;

(c) adjourn or bring forward a hearing to a specific
date;

(d) stay the whole or part of any proceedings
generally or until a specified date or event;

(e) decide the order in which issues are to be tried;
(f) direct a separate trial of any issue;
(g) try two or more claims on the same occasion;
(h) direct that part of any proceedings (such as a

counterclaim or other ancillary claim) be dealt
with as separate proceedings;

Fixing trial date
(O.31A, r.17).

Court’s powers
(O.31A, r.18).

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STATUTE LAW OF THE BAHAMAS LRO 1/2006

(i) dismiss or give judgment on a claim after a
decision on a preliminary issue;

(j) exclude an issue from determination if it can do
substantive justice between the parties on the
other issues and determining it would therefore
serve no worthwhile purpose;

(k) require the maker of an affidavit or witness
statement to attend for cross-examination;

(l) require any party or a party’s counsel and
attorney to attend the Court;

(m) deal with a matter without the attendance of any
party in accordance with O. 32 r.5;

(n) hold a hearing and receive evidence by
telephone or other electronic means or use any
other method of direct communication:

Provided that where evidence is received
by telephone or other electronic means, all
persons participating must be able to hear each
other and to identify each other so far as is
practicable;

(o) instead of holding an oral hearing, deal with a
matter on written representations submitted by
the parties;

(p) direct that any evidence be given in written
form;

(q) where two or more parties are represented by the
same counsel and attorney —

(i) direct that they be separately represented;
and

(ii) if necessary, adjourn any hearing to a
fixed date to enable separate
representation to be arranged;

(r) direct that notice of any proceedings or
application be given to any person; or

(s) take any other step, give any other direction or
make any other order for the purpose of
managing the case and ensuring the just
resolution of the case.

(3) When the Court makes an order or gives a
direction, the Court may —

(a) make the order or give a direction subject to
conditions; and

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(b) specify the consequence of failure to comply
with the order or condition.

(4) The conditions which the Court may impose are —
(a) requiring a party to give security;
(b) requiring a party to give an undertaking;
(c) requiring the payment of money into Court or as

the Court may direct;
(d) requiring a party to pay all or part of the costs of

the proceedings; and
(e) requiring a party to permit entry at a reasonable

time to property owned or occupied by that party
to another party or someone acting on behalf of
the other party.

(5) Where a party pays money into Court following
an order under paragraphs (3) and (4) (c), that money shall
be security for any sum payable by that party to another
party in the proceedings subject to the right of a defendant
to treat all or part of any money paid into Court as a
payment in support of an offer to settle.

(6) In considering whether to make an order, the
Court may take into account whether a party is prepared to
give an undertaking.

(7) A power of the Court under these Rules to make
an order includes a power to vary or revoke that order.

(8) Where it is considered to be in the interest of
justice, the Court may on its own motion dispense with
compliance with any of the rules in this Order.

19. (1) Except where a rule or other enactment
provides otherwise, the Court may exercise its powers on
an application or of its own initiative.

(2) Where the Court proposes to make an order of
its own initiative it must give any party likely to be
affected a reasonable opportunity to make representations.

(3) Such opportunity to make representations may
be made orally, in writing, by telephone or by such other
means as the Court considers reasonable.

(4) Where the Court proposes —
(a) to make an order of its own initiative; and
(b) to hold a hearing to decide whether to do so,

Court’s power to
make orders of
its own initiative
(O.31A, r.19).

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STATUTE LAW OF THE BAHAMAS LRO 1/2006

the Registrar must give each party likely to be affected by
the order at least 7 days notice of the date, time and place
of the hearing.

20. (1) In addition to any other powers under these
Rules, the Court may strike out a pleading or part of a
pleading if it appears to the Court —

(a) that there has been a failure to comply with a
rule or practice direction or with an order or
direction given by the Court in the proceedings;

(b) that the pleading or the part to be struck out is an
abuse of the process of the Court or is likely to
obstruct the just disposal of the proceedings;

(c) that the pleading or the part to be struck out
discloses no reasonable grounds for bringing or
defending a claim; or

(d) that the pleading or the part to be struck out is
prolix or does not comply with the requirements
of any rule.

(2) Where —
(a) the Court has struck out a plaintiff’s pleading;
(b) the plaintiff is ordered to pay costs to the

defendant; and
(c) before those costs are paid, the plaintiff starts

another claim against the same defendant based
on the same or substantially the same facts, the
Court may on the application of the defendant
stay the subsequent claim until the costs of the
first claim have been paid.

21. (1) Where a party has failed to comply with any
of these Rules or any Court order in respect of which no
sanction for non-compliance has been imposed, any other
party may apply to the Court for an unless order as defined
in paragraph (7).

(2) An application under paragraph (1) may be
made without notice but must be accompanied by —

(a) evidence on affidavit which —
(i) identifies the rule or order which has not

been complied with;
(ii) states the nature of the breach; and
(iii) certifies that the other party is in default;

and
(b) a draft order.

Grounds for
striking out
pleading (O.31A,
r.20).

Court’s power to
strike out
pleading (O.31A,
r. 21).

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(3) The judge or Registrar may —
(a) grant the application;
(b) seek the views of the other party; or
(c) direct that a date be fixed to consider the

application.
(4) Where a date is fixed under paragraph (3)(c), the

applicant must give not less than 7 days notice of the date,
time and place of such date to all parties.

(5) The party in default should be ordered to pay the
costs of such an application.

(6) Where the defaulting party fails to comply with
the terms of any unless order made by the Court that
party’s pleading shall be struck out.

(7) In this rule and in this Order, an unless order is
an order which identifies the breach and requires the party
in default to remedy the default by a specified date.

(8) Rule 26 shall not apply to this rule.
22. (1) This rule applies where the Court makes an

order which includes a term that the pleading of a party be
struck out if the party does not comply with the unless
order.

(2) Where a striking out order was made, any other
party may ask for judgment to be entered and for costs.

(3) A party may obtain judgment under this rule by
filing a request for judgment.

(4) The request must —
(a) prove service of the striking out order;
(b) certify that the right to enter judgment has

arisen; and
(c) state the facts which entitle the party to

judgment.
(5) Where the party applying for judgment is the

plaintiff and the claim is for —
(a) a specified sum of money;
(b) an amount of money to be decided by the Court;
(c) delivery of goods where the claim gives the

defendant the alternative of paying their value;
or

(d) any combination of these remedies,

Judgment
without trial after
striking out
(O.31A, r.22).

CH.53 – 139N] SUPREME COURT





STATUTE LAW OF THE BAHAMAS LRO 1/2006

judgment shall be in accordance with the terms of the
particulars of the claim together with any interest and costs
after giving credit for any payment that may have been
made.

(6) Where the party applying for judgment is the
plaintiff and the claim is for some other remedy, the
judgment shall be such as the Court considers that the
plaintiff is entitled to.

(7) Where a defendant seeks to obtain judgment on
the claim, judgment shall be for costs to be taxed.

(8) Where a decision of the Court is necessary in
order to decide the terms of the judgment the party making
the request must apply for directions.

23. (1) A party against whom the Court has entered
judgment under rule 22 when the right to enter judgment
had not arisen, may apply to the Court to set it aside.

(2) An application under paragraph (1) must be
made not more than 14 days after the order for judgment
has been served on the party making the application.

(3) Where the right to enter judgment had not arisen
at the time when judgment was entered, the Court must set
aside judgment.

(4) Where the application to set aside is made for
any other reason, rule 25 (relief from sanctions) applies.

24. (1) Where the Court makes an order or gives
directions the Court may whenever practicable also specify
the consequences of failure to comply.

(2) Where a party has failed to comply with —
(a) any of these Rules;
(b) a direction or any order,

any sanction for non-compliance imposed by the rule, shall
have effect unless the party in default applies for and
obtains relief from the sanction, and in such case rule 26
shall not apply.

(3) Where a rule, practice direction or order —
(a) requires a party to do something by a specified

date; and
(b) specifies the consequences of failure to comply,

the time for doing the act in question may not be extended
by agreement between the parties.

Setting aside
judgment entered
after striking out
(O.31A, r.23).

Sanctions to have
effect unless
defaulting party
obtains relief
(O.31A, r.24).

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25. (1) An application for relief from any sanction
imposed for a failure to comply with any rule, order or
direction must be —

(a) made promptly; and
(b) supported by evidence on affidavit.
(2) The Court may grant relief only if it is satisfied

that —
(a) the failure to comply was not intentional;
(b) there is a good explanation for the failure; and
(c) the party in default has generally complied with

all other relevant rules, practice directions,
orders and directions.

(3) In considering whether to grant relief, the Court
must have regard to —

(a) the interests of the administration of justice;
(b) whether the failure to comply was due to the

party or that party’s counsel and attorney;
(c) whether the failure to comply has been or can be

remedied within a reasonable time;
(d) whether the trial date or any likely trial date can

still be met if relief is granted; and
(e) the effect which the granting of relief or not

would have on each party.
(4) The Court may not order the respondent to pay

the applicant’s costs in relation to any application for relief
unless exceptional circumstances are shown.

26. (1) This rule applies only where the
consequence of failure to comply with a rule, practice
direction or Court order has not been specified by any rule,
practice direction or Court order.

(2) An error of procedure or failure to comply with
a rule, practice direction or Court order does not invalidate
any step taken in the proceedings, unless the Court so
orders.

(3) Where there has been an error of procedure or
failure to comply with a rule, practice direction, Court
order or direction, the Court may make such order as it
deems necessary.

(4) The Court may make such an order on or
without an application by a party.

Application for
relief from
sanctions
(O.31A, r.25).

General power of
the Court to
rectify matters
where there has
been a procedural
error (O.31A,
r.26).

CH.53 – 139P] SUPREME COURT





STATUTE LAW OF THE BAHAMAS LRO 1/2006

PART V
PRE-TRIAL REVIEW

27. This Part deals with the pre-trial review which is
to be held shortly before trial if the Court so orders.

28. (1) At any case management conference and at
any subsequent hearing in the proceedings other than the
trial, the Court must consider whether a pre-trial review
should be held to enable the Court to deal justly with the
proceedings.

(2) A party may apply for a direction that a pre-trial
review be held.

(3) An application for a pre-trial review must be
made not less than 60 days before the trial date or the
beginning of any trial period fixed under rule 9(2)(d) or
13(5).

(4) The Registrar must give each party not less than
14 days notice of the date, time and place for the pre-trial
review.

(5) The costs incurred in attending a pre-trial review
are costs in the cause.

(6) The Court may make some other order where
the pre-trial review has to be adjourned due to the failure of
one or more parties to —

(a) attend the hearing; or
(b) co-operate fully in achieving the objective of the

pre-trial review.
29. (1) The parties must seek to agree and file at the

Registry a pre-trial memorandum not less than 7 days
before the date fixed for the pre-trial review.

(2) Where the parties are not able to agree to such a
memorandum each party must file its own memorandum
and serve a copy on all other parties not less than 3 days
before the date fixed for the pre-trial review.

(3) A pre-trial memorandum shall contain —
(a) a concise statement of the nature of the

proceedings;
(b) details of any admissions made;
(c) the factual and legal contentions of the party or

parties filing it; and

Scope of this Part
(O.31A, r.27).

Direction for pre-
trial review
(O.31A, r.28).

Parties to prepare
pre-trial
memorandum
(O.31A, r.29).

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(d) a statement of the issues to be determined at the
trial.

(4) The pre-trial memorandum must be
accompanied by a copy of such documents that are
intended to be used at trial which may be of assistance in
settling the claim.

30. (1) At the pre-trial review the Court must give
directions as to the conduct of the trial in order to ensure
the fair, expeditious and economic trial of the issues.

(2) In particular the Court may —
(a) direct either party to provide further information

to the other party;
(b) give directions for the filing by each party and

service on all other parties of one or more of —
(i) a skeleton argument;
(ii) a chronology of relevant events;
(iii) a summary of any legal propositions to be

relied on at the trial; and
(iv) a list of authorities which it is proposed to

cite in support of those propositions;
(c) direct the parties jointly to prepare one or more

of —
(i) a core bundle of documents (that is, a

bundle containing only such documents
which the trial judge will need to review
or to which it will be necessary to refer
repeatedly at the trial);

(ii) an agreed statement of facts;
(iii) an agreed statement of the basic technical,

scientific or medical matters in issue; and
(iv) an agreed statement as to any relevant

specialist area of law, which statement
shall not be binding on the trial judge;

(d) direct when and by whom the documents listed
in paragraph (c) should be filed at the Court;

(e) give directions as to the extent to which
evidence may be given in written form;

(f) direct the time to be allocated to opening and
closing addresses;

(g) decide on the total time to be allowed for the
trial; and

Directions at pre-
trial review
(O.31A, r.30).

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STATUTE LAW OF THE BAHAMAS LRO 1/2006

(h) direct how that time shall be allocated between
the parties.

PART VI
MISCELLANEOUS

31. Where the rules of this Order conflict with the
rules of any other Order, these Rules shall prevail.

SCHEDULE (rule 16)
LISTING QUESTIONNAIRE

IN THE SUPREME COURT CLAIM NO.
BETWEEN
PLAINTIFF
AND
DEFENDANT

WARNING: This is an important document. This information
is required by the Court to list your case accurately. Inaccurate
information may lead to a waste of the Court’s time and delay
to other Court cases. Failure to return the form to the Registry
within FOURTEEN (14) DAYS or to complete it fully will
lead to a Listing Hearing being fixed. You may have to pay
the costs of this hearing.

1. Have all the directions given by the Court been
carried out?

2. If not, which directions have not been carried out?
Disclosure of documents YES/NO
Inspection of Documents YES/NO
Service of Witness

Statements
YES/NO

Service of Expert Reports YES/NO
Other (state which) ...........................................
3. Why have all of the directions given by the Court

not been carried out?
4. When can the directions given by the Court be

complied with?
5. Will any application for relief be made by you?
6. Has alternative dispute resolution been tried?
7. If the answer to question 6 is no, why not?

Rules to prevail
(O.31A, r.31).

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8. How many witnesses do you
intend to call? .................................

9. What is your present
estimate for trial length? ................hours/days

10. Please give names, addresses and telephone
numbers of any expert witness whom you intend to
call to give oral evidence.

11. Please state the name of the Counsel and Attorney
who has conduct of this matter and give his direct
telephone number or fax number.

Dated the day of
20



Signed
....................................................................

Counsel and Attorney for the
Plaintiff/Defendant

This form must be returned to the Registry within 14
days [by]

Filed by (specify name and address of Counsel and Attorney
or firm of Counsel and Attorneys filing the document).



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ORDER 32
APPLICATIONS AND PROCEEDINGS IN

CHAMBERS
(R.S.C. 1978)

1. Except as provided by Order 25, rule 7, every
application in chambers not made ex parte must be made
by summons.

2. (1) Issue of a summons by which an application
in chambers is to be made takes place on its being sealed
by the Registrar.

(2) A summons may not be amended after issue
without leave of the Court.

3. A summons asking only for the extension or
abridgement of any period of time may be served on the
day before the day specified in the summons for the
hearing thereof but, except as aforesaid and unless the
Court otherwise orders or any of these Rules otherwise
provides, a summons must be served on every other party
not less than two clear days before the day so specified.

4. (1) The hearing of a summons may be adjourned
from time to time either generally or to a particular date, as
may be appropriate.

(2) If the hearing is adjourned generally, the party
by whom the summons was taken out may restore it to the
list on two clear days’ notice to all the other parties on
whom the summons was served.

5. (1) Where any party to a summons fails to attend
on the first or any resumed hearing thereof, the Court may
proceed in his absence if, having regard to the nature of the
application, it thinks it expedient so to do.

(2) Before proceeding in the absence of any party
the Court may require to be satisfied that the summons or,
as the case may be, notice of the time appointed for the
resumed hearing was duly served on that party.

Mode of making
application
(O. 32, r. 1).

Issue of
summons
(O. 32, r. 2).

Service of
summons
(O. 32, r. 3).

Adjournment of
hearing
(O. 32, r. 4).

Proceeding in
absence of party
failing to attend
(O. 32, r. 5).

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(3) Where the Court hearing a summons proceeded
in the absence of a party, then, provided that any order
made on the hearing has not been perfected, the Court, if
satisfied that it is just to do so, may re-hear the summons.

(4) Where an application made by summons has
been dismissed without a hearing by reason of the failure
of the party who took out the summons to attend the
hearing, the Court, if satisfied that it is just to do so, may
allow the summons to be restored to the list.

6. The Court may set aside an order made ex parte.

7. (1) A writ of subpoena ad testificandum or a
writ of subpoena duces tecum to compel the attendance of
a witness for the purpose of proceedings in chambers may
be issued out of the Registry, if the Registrar so authorises.

(2) The Registrar may direct that the application for
any such writ be made to the judge before whom the
proceedings are to be heard.

8. The Registrar and any designated clerk shall
have authority to administer oaths and take affidavits for
the purpose of proceedings in the Supreme Court.

9. The jurisdiction of the Supreme Court to grant
leave under the Mental Health Act to bring proceedings
against a person may be exercised in chambers only by a
judge.

10. An application to make an order of Her
Majesty’s Privy Council an order of the Supreme Court
may be made ex parte by affidavit to the Registrar.

11. (1) The Registrar shall have power to transact all
such business and exercise all such authority and jurisdiction
as under the Act or these rules may be transacted and
exercised by a judge in chambers except in respect of the
following matters and proceedings, that is to say —

(a) matters relating to criminal proceedings;
(b) matters relating to the liberty of the subject;
(c) proceedings to which Order 57 applies and with

respect to which a judge in chambers has
jurisdiction;

Order made ex
parte may be set
aside
(O. 32, r. 6).
Subpoena for
attendance of
witness
(O. 32, r. 7).

Registrar and
certain clerks
may administer
oaths, etc.
(O. 32, r. 8).
Application for
leave to institute
certain
proceedings
(O. 32, r. 9).

Application to
make order of
Her Majesty’s
Privy Council
order of Supreme
Court
(O. 32, r. 10).
Jurisdiction of
Registrar
(O. 32, r. 11).

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(d) any other matter or proceeding which by any of
these Rules is required to be heard only by a
judge.

(2) The Registrar shall have power to grant an
injunction in the terms agreed by the parties to the
proceedings in which the injunction is sought.

12. The Registrar may refer to a judge any matter
which he thinks should properly be decided by a judge, and
the judge may either dispose of the matter or refer it back
to the Registrar with such directions as he thinks fit.

13. (1) The judge in chambers may direct that any
summons, application or appeal shall be heard in court or
shall be adjourned into court to be so heard if he considers
that by reason of its importance or for any other reason it
should be so heard.

(2) Any matter heard in court by virtue of a
direction under paragraph (1) may be adjourned from court
into chambers.

ORDER 33
PLACE AND MODE OF TRIAL

(R.S.C. 1978)

1. Subject to the provisions of these Rules, the
place of trial of a cause or matter, or of any question or
issue arising therein, shall be determined by the Court.

2. Subject to the provisions of these Rules, a cause
or matter, or any question or issue arising therein, may be
tried before —

(a) a judge alone; or
(b) a judge with a jury; or
(c) a judge with the assistance of assessors; or
(d) a registrar; or
(e) a special referee.
3. The Court may order any question or issue arising

in a cause or matter, whether of fact, or law or partly of fact
and partly of law, and whether raised by the pleadings or
otherwise, to be tried before, at or after the trial of the cause
or matter, and may give directions as to the manner
in which the question or issue shall be stated.

Reference of
matter to judge
(O. 32, r. 12).

Power to direct
hearing in court
(O. 32, r. 13).

Place of trial
(O. 33, r. 1).

Mode of trial
(O. 33, r. 2).

Time, etc., of
trial of questions
or issues
(O. 33, r. 3).

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

4. (1) In every action begun by writ, an order made
on the summons for directions shall determine the place
and mode of the trial; and any such order may be varied by
a subsequent order of the Court made at or before the trial.

(2) In any such action different questions or issues
may be ordered to be tried at different places or by
different modes of trial and one or more questions or issues
may be ordered to be tried before the others.

(3) The references in this Order to the summons for
directions include references to any summons or
application to which, under any of these Rules, Order 25,
rules 2 to 7, are to apply, with or without modifications.

5. A trial of a cause or matter with the assistance of
assessors shall take place in such manner and on such
terms as the Court may direct.

6. If it appears to the Court that the decision of any
question or issue arising in a cause or matter and tried
separately from the cause or matter substantially disposes
of the cause or matter or renders the trial of the cause or
matter unnecessary, it may dismiss the cause or matter or
make such other order or give such judgment as may be
just.

ORDER 34
SETTING DOWN FOR TRIAL ACTION BEGUN BY

WRIT
(R.S.C. 1978)

1. This Order applies to actions begun by writ and,
accordingly, references in this Order to an action shall be
construed as references to an action so begun.

2. (1) Every order made in an action which
provides for trial before a judge shall, whether the trial is to
be with or without a jury and wherever the trial is to take
place, fix a period within which the plaintiff is to set down
the action for trial.

(2) Where the plaintiff does not, within the period
fixed under paragraph (1), set the action down for trial, the
defendant may set the action down for trial or may apply to
the Court to dismiss the action for want of prosecution


Determining the
place and mode
of trial
(O. 33,
r. 4).

Trial with
assistance of
assessors
(O. 33, r. 5).

Dismissal of
action, etc., after
decision of
preliminary issue
(O. 33, r. 6).

Application and
interpretation
(O. 34, r. 1).

Time for setting
down action
(O. 34, r. 2).

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and, on the hearing of any such application, the Court may
order the action to be dismissed accordingly or may make
such order as it thinks just.

(3) Every order made in an action shall contain an
estimate of the length of the trial.

3. (1) In order to set down for trial an action which
is to be tried before a judge, the party setting it down must
deliver to the Registrar, by post or otherwise, a request that
the action may be set down for trial at the place specified
in the order made on the summons for directions, together
with two bundles (one of which shall serve as the record
and the other be for the use of the judge) consisting of one
copy of each of the following documents, that is to say —

(a) the writ;
(b) the pleadings (including any affidavits ordered

to stand as pleadings), any request or order for
particulars and the particulars given;

(c) all orders made on the summons for directions.
(2) Each of the said bundles must be bound up in

the proper chronological order and the bundle which is to
serve as the record must be stamped with the stamp
denoting payment of the fee payable on setting down the
action and have indorsed thereon the names, addresses and
telephone numbers of the attorneys for the parties or, in the
case of a party who has no attorney, of the party himself.

(3) Where a new trial becomes necessary in the case
of any action, the procedure for setting down the action for
the new trial shall be that specified in the foregoing
provisions except that —

(a) the bundle which is to serve as the record must
be spoken from the person in whose custody it is
and sent to the proper officer; and

(b) there must be delivered, along with the request
that the action may be set down, a backsheet
with the title of the action thereon, and the
names, addresses and telephone numbers of the
attorneys for the parties or, in the case of a party
who has no attorney, of the party himself,
stamped with the stamp denoting payment of the
fee payable on setting down the action for the
new trial.

Lodging
documents when
setting down
(O. 34, r. 3).

CH.53 – 144] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

4. Nothing in this Order shall prejudice any powers
of the Chief Justice to give directions —

(i) specifying the lists in which actions, or
actions of any class or description, are to be
set down for trial and providing for the
keeping and publication of the lists;

(ii) providing for the determination of a date
for the trial of any action which has been
set down or a date before which the trial
thereof is not to take place; and

(iii) as to the making of applications (whether
to a Court or a judge or the Registrar), to
fix, vacate or alter any such date, and, in
particular, requiring any such application
to be supported by an estimate of the
length of the trial and any other relevant
information.

5. (1) At any time after an action has been set
down for trial and before it is tried, the Court may require
the parties to furnish the Court or an officer thereof, by
personal attendance or otherwise, with such information as
may be necessary to show whether the action is ready for
trial, and if any party fails to comply with any such
requirement, the Court may —

(a) of its own motion, on 7 days’ notice to the
parties, direct that the action be removed from
the list; or

(b) on the application of any party, dismiss the
action for want of prosecution or strike out the
defence or counterclaim or make such other
order as the Court thinks fit. Where a direction is
given under subparagraph (a), the Court may
subsequently direct the action to be restored to
the list on such terms, if any, as it thinks fit.

(2) Without prejudice to Order 33, rule 4(1), a judge,
or the Registrar, may, if it appears to him that the action
cannot conveniently be tried at the place of trial which has
been ordered, change the place of trial to some other place.

(3) The power conferred by paragraph (2) may be
exercised by the Court of its own motion or on the
application of a party, but before acting of its own motion
the Court shall give to every party concerned an


Directions
relating to lists
(O. 34, r. 4).

Further
provisions as to
lists
(O. 34, r. 5).

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opportunity of being heard on the question whether the
power should be exercised and for that purpose the Court
may cause him to be given notice of a date, time and place
at which the question will be considered.

6. (1) A party to an action who sets it down for
trial must, within 24 hours after doing so, notify the other
parties to the action that he has done so.

(2) It shall be the duty of all parties to an action
entered in any list to furnish without delay to the Registrar
all available information as to the action being or being
likely to be settled, or affecting the estimated length of the
trial, and, if the action is settled or withdrawn, to notify
that officer of the fact without delay and take such steps as
may be necessary to withdraw the record.

7. (1) Where after an action has been set down for
trial the action becomes abated, or the interest or liability
of any party to the action is assigned or transmitted to or
devolves on some other person, the attorney for the
plaintiff or other party having the conduct of the action
must, as soon as practicable after becoming aware of it,
certify the abatement or change of interest or liability and
send the certificate to the Registrar, and that officer shall
cause the appropriate entry to be made in the list of actions
set down for trial.

(2) Where in any such list an action stands for one
year marked as abated or ordered to stand over generally,
the action shall on the expiration of that year be struck out
of the list unless, in the case of an action ordered to stand
over generally, the order otherwise provides.

ORDER 35
PROCEEDINGS AT TRIAL

(R.S.C. 1978)

1. (1) If, when the trial of an action is called on,
neither party appears, the action may be struck out of the
list, without prejudice, however, to the restoration thereof,
on the direction of a judge.

(2) If, when the trial of an action is called on, one
party does not appear, the judge may proceed with the trial
of the action or any counterclaim in the absence of that
party.

Notification of
setting down
(O. 34, r. 6).

Abatement, etc.,
of action
(O. 34, r. 7).

Failure to appear
by both parties
or one of them
(O. 35, r. 1).

CH.53 – 146] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

2. (1) Any judgment, order or verdict obtained
where one party does not appear at the trial may be set
aside by the Court, on the application of that party, on such
terms as it thinks just.

(2) An application under this rule must be made
within 7 days after service of the judgment, order or
verdict.

3. The judge may, if he thinks it expedient in the
interest of justice, adjourn a trial for such time, and to such
place, and upon such terms, if any, as he thinks fit.

4. (1) The judge before whom an action is tried
(whether with or without a jury) may give directions as to
the party to begin and the order of speeches at the trial,
and, subject to any directions, the party to begin and the
order of speeches shall be that provided by this rule.

(2) Subject to paragraph (6) the plaintiff shall begin
by opening this case.

(3) If the defendant elects not to adduce evidence,
then, whether or not the defendant has in the course of
cross-examination of a witness for the plaintiff or
otherwise put in a document, the plaintiff may, after the
evidence on his behalf has been given, make a second
speech closing his case and the defendant shall then state
his case.

(4) If the defendant elects to adduce evidence, he
may, after any evidence on behalf of the plaintiff has been
given, open his case and, after the evidence on his behalf
has been given, make a second speech closing his case, and
at the close of the defendant’s case the plaintiff may make
a speech in reply.

(5) Where there are two or more defendants who
appear separately or are separately represented, then —

(a) if none of them elects to adduce evidence, each
of them shall state his case in the order in which
his name appears on the record;

(b) if each of them elects to adduce evidence, each of
them may open his case and the evidence on
behalf of each of them shall be given in the order
aforesaid and the speech of each of them closing
his case shall be made in that order after the
evidence on behalf of all the defendants has been
given;

Judgment, etc.,
given in absence
of party may be
set aside
(O. 35, r. 2).

Adjournment of
trial
(O. 35, r. 3).

Order of speeches
(O. 35, r. 4).

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(c) if some of them elect to adduce evidence and
some do not, those who do not shall state their
cases in the order aforesaid after the speech of
the plaintiff in reply to the other defendants.

(6) Where the burden of proof of all the issues in the
action lies on the defendant or, where there are two or
more defendants and they appear separately or are
separately represented, on one of the defendants, the
defendant or that defendant, as the case may be, shall be
entitled to begin, and in that case paragraphs (2), (3) and
(4) shall have effect in relation to, and as between him and
the plaintiff as if for references to the plaintiff and the
defendant there were substituted references to the
defendant and the plaintiff respectively.

(7) Where, as between the plaintiff and any
defendant, the party who would, but for this paragraph, be
entitled to make the final speech raises any fresh point of
law in that speech or cites in that speech any authority not
previously cited, the opposite party may make a further
speech in reply, but only in relation to that point of law or
that authority, as the case may be.

5. (1) The judge by whom any cause or matter is
tried may inspect any place or thing with respect to which
any question arises in the cause or matter.

(2) Where a cause or matter is tried with a jury and
the judge inspects any place or thing under paragraph (1),
he may authorise the jury to inspect it also.

6. Where a party to any action dies after the verdict
or finding of the issues of fact and before judgment is
given, judgment may be given notwithstanding the death,
but the foregoing provision shall not be taken as affecting
the power of the judge to make an order under Order 15,
rule 8(2), before giving judgment.

7. (1) The Clerk of the Court shall take charge of
every document or object put in as an exhibit during the
trial of any action and shall mark or label every exhibit
with a letter or letters indicating the party by whom the
exhibit is put in or the witness by whom it is proved, and
with a number, so that all the exhibits put in by a party, or
proved by a witness, are numbered in one consecutive
series. In this paragraph a witness by whom an exhibit is
proved includes a witness in the course of whose evidence
the exhibit is put in.

Inspection by
judge or jury
(O. 35, r. 5).

Death of party
before giving a
judgment
(O. 35, r. 6).

List of exhibits
(O. 35, r. 7).

CH.53 – 148] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) The Clerk of the Court shall cause a list to be
made of all the exhibits in the action, and any party may,
on payment of the prescribed fee, have an office-copy of
that list.

(3) The list of exhibits when completed shall be
attached to the pleadings and shall form part of the record
of the action.

(4) For the purpose of this rule a bundle of
documents may be treated and counted as one exhibit.

8. It shall be the duty of every party to an action who
has put in any exhibit to apply to the Registrar immediately
after the trial for the return of the exhibit, and, so far as is
practicable, regard being had to the nature of the exhibit, to
keep it duly marked and labelled as before, so that in the
event of an appeal to the Court of Appeal or the Privy
Council, he may be able to produce the exhibit so marked and
labelled at the hearing of the appeal in case he is required by
the Court of Appeal or the Privy Council to do so.

9. (1) Documents impounded by order of the Court
shall not be delivered out of the custody of the Court
except in compliance with an order made by a judge on an
application made by motion:

Provided that where the Attorney-General makes a
written request in that behalf, documents so impounded
shall be delivered into his custody.

(2) Documents impounded by order of the Court,
while in the custody of the Court, shall not be inspected
except by a person authorised to do so by an order signed
by a judge.

ORDER 36
TRIALS BEFORE, AND INQUIRIES BY, THE

REGISTRAR
(R.S.C. 1978)

1. If, in any cause or matter other than a criminal
proceeding by the Crown, the Court considers, if all parties
consent, that having regard to the nature of the case it is
desirable (whether on grounds of expedition, economy or


Custody of
exhibit after trial
(O. 35, r. 8).

Impounded
documents
(O. 35, r. 9).

Power to order
trial before the
Registrar
(O. 36, r. 1).

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convenience or otherwise) in the interests of one or more
of the parties, the Court may, subject to any right to a trial
with a jury, order that the cause or matter, or any question
or issue of fact arising therein, shall be tried before the
Registrar, with or without assessors.

2. (1) Subject to any directions contained in the
order referring any business to the Registrar —

(a) the Registrar shall for the purpose of disposing
of any cause or matter (including any
interlocutory application therein) or any other
business referred to him have the same
jurisdiction, powers and duties (including the
power of committal and discretion as to costs),
as a judge, exercisable or, as the case may be, to
be performed as nearly as circumstances admit
in the like cases, in the like manner and subject
to the like limitations; and

(b) every trial and all other proceedings before the
Registrar shall, as nearly as circumstances
admit, be conducted in the like manner as the
like proceedings before a judge.

(2) Without prejudice to the generality of paragraph
(1), but subject to any such directions as are mentioned
therein, the Registrar before whom any cause or matter is
tried shall have the like powers as the Court with respect to
claims relating to or connected with the original subject
matter of the cause or matter by any party thereto against
any other person, and Order 15, rule 5(2) and Order 16
shall with any necessary modifications apply in relation to
any such claim accordingly.

(3) The Registrar may hold any trial or any other
proceedings before him at any time which appears to him
to be convenient and may adjourn the proceedings from
place to place as he thinks fit, but he shall not have power
to make orders of committal.

Powers, etc., of
Registrar
(O. 36, r. 2).

CH.53 – 150] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

ORDER 37
ASSESSMENT OF DAMAGES

(R.S.C. 1978)

1. (1) Where judgment is given by the Court for
damages to be assessed and in the judgment —

(a) provision is made that the damage shall be
assessed by the Registrar; or

(b) no provision is made as how the damages are to
be assessed,

the damages shall, subject to the provisions of this Order,
be assessed by the Registrar, and the party entitled to the
benefit of the judgment may, after obtaining the necessary
appointment from the Registrar, and, at least 7 days before
the date of the appointment, serving notice of the
appointment on the party against whom the judgment is
given, proceed accordingly.

(2) Notwithstanding anything in Order 61, rule 9, a
notice under this rule must be served on the party against
whom the judgment is given.

(3) The attendance of witnesses and the production
of documents before the Registrar in proceedings under
this Order may be compelled by writ of subpoena, and the
provisions of Order 35, shall, with the necessary
adaptations, apply in relation to those proceedings as they
apply in relation to proceedings at a trial.

2. Where in pursuance of this Order or otherwise
damages are assessed by the Registrar, he shall certify the
amount of the damages, and the certificate shall, when
judgment is entered, be filed in the Registry.

3. Where any such judgment as is mentioned in
rule 1, is given in default of appearance or in default of
defence, and the action proceeds against other defendants,
the damages under the judgment shall be assessed at the
trial unless the Court otherwise orders.

4. The Court may, in the case of any such judgment as
is mentioned in rule 1, order that the action shall proceed to
trial before a judge (with or without a jury) as respects the
damages; and where the Court orders that the action shall
proceed to trial, Order 25, rules 2 to 7, shall, with the


Assessment of
damages by the
Registrar
(O. 37, r. 1).

Certificate of
amount of
damages
(O. 37, r. 2).

Default judgment
against some but
not all
defendants
(O. 37, r. 3).

Power to order
assessment at
trial
(O. 37, r. 4).

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omission of so much of rule 7(1) as requires the parties to
serve a notice specifying the orders and directions which
they desire and with any other necessary modifications,
apply as if the application to the Court in pursuance of
which the Court makes the order, were a summons for
directions under Order 25.

5. The foregoing provisions of this Order shall
apply in relation to a judgment for the value of goods to be
assessed, with or without damages to be assessed, as they
apply to a judgment for damages to be assessed, and
references in those provisions to the assessment of
damages shall be construed accordingly.

6. Where damages are to be assessed (whether under
this Order or otherwise) in respect of any continuing cause of
action, they shall be assessed down to the time of the
assessment.

ORDER 38
EVIDENCE

I. General Rules
(R.S.C. 1978)

1. Subject to the provisions of these rules and to
the Civil Evidence Act 1968 of England, (in so far as the
latter is applicable) and any other enactment relating to
evidence, any fact required to be proved at the trial of any
action begun by writ by the evidence of witnesses shall be
proved by the examination of witnesses orally and in open
court.

2. (1) The Court may, at or before the trial of an
action begun by writ, order that the affidavit of any witness
may be read at the trial if in the circumstances of the case it
thinks it reasonable so to order.

(2) An order under paragraph (1) may be made on
such terms as to the filing and giving of copies of the
affidavits and as to the production of the deponents for
cross-examination as the Court thinks fit but, subject to any
such terms and to any subsequent order of the Court, the
deponents shall not be subject to cross-examination and
need not attend the trial for the purpose.

Assessment of
value
(O. 37, r. 5).

Assessment of
damages to time
of assessment
(O. 37, r. 6).

General rule:
witnesses to be
examined orally
(O. 38, r. 1).

Evidence by
affidavit (O. 38,
r. 2).

CH.53 – 152] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) In any cause or matter begun by originating
summons, originating motion or petition, and on any
application made by summons or motion, evidence may be
given by affidavit unless in the case of any such cause,
matter or application any provision of these rules otherwise
provides or the Court otherwise directs, but the Court may,
on the application of any party, order the attendance for
cross-examination of the person making any such affidavit,
and where, after such an order has been made, the person
in question does not attend, his affidavit shall not be used
as evidence without the leave of the Court.

3. (1) Without prejudice to rule 2, the Court may, at
or before the trial of any action, order that evidence of any
particular fact shall be given at the trial in such manner as
may be specified by the order.

(2) The power conferred by paragraph (1) extends
in particular to ordering that evidence of any particular fact
may be given at the trial —

(a) by statement on oath of information on behalf;
or

(b) by the production of documents or entries in
books; or

(c) by copies of documents or entries in books; or
(d) in the case of a fact which is or was a matter of

common knowledge either generally or in a
particular district, by the production of a
specified newspaper which contains a statement
of that fact.

4. The Court may, at or before the trial of any
action, order that the number of medical or other expert
witnesses who may be called at the trial shall be limited as
specified by the order.

5. Unless, at or before the trial, the Court for
special reasons otherwise orders, no plan, photograph or
model shall be receivable in evidence at the trial of an
action unless at least 10 days before the commencement of
the trial the parties, other than the party producing it, have
been given an opportunity to inspect it and to agree to the
admission thereof without further proof.

Evidence of
particular facts
(O. 38, r. 3).

Limitation of
expert evidence
(O. 38, r. 4).

Limitation of
plans, etc., in
evidence
(O. 38, r. 5).

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6. Any order under rules 2 to 5 (including an order
made on appeal) may, on sufficient cause being shown, be
revoked or varied by a subsequent order of the Court made
at or before the trial.

7. (1) In an action arising out of an accident on
land due to a collision or apprehended collision, unless at
or before the trial the Court otherwise orders, the oral
expert evidence of an engineer sought to be called on
account of his skill and knowledge as respects motor
vehicles shall not be receivable unless a copy of a report
from him containing the substance of his evidence has been
made available to all parties for inspection before the
hearing of the summons for directions and an order made
on the summons for directions or an application thereunder
authorises the admission of the evidence.

(2) The references in this rule to the summons for
directions include references to any summons or application
to which, under any of these Rules, Order 25, rules 2 to 7, are
to apply, whether with or without modifications.

8. The foregoing rules of this Order shall apply to
trials of issues or questions of fact or law, references,
inquiries and assessments of damages as they apply to the
trial of actions.

9. (1) No deposition taken in any cause or matter
shall be received in evidence at the trial of the cause or
matter unless —

(a) the deposition was taken in pursuance of an
order under Order 39, rule 1; and

(b) either the party against whom the evidence is
offered consents or it is proved to the
satisfaction of the Court that the deponent is
dead, or beyond the jurisdiction of the Court or
unable from sickness or other infirmity to attend
the trial.

(2) A party intending to use any deposition in
evidence at the trial of a cause or matter must, a reasonable
time before the trial, give notice of his intention to do so to
the other party.

(3) A deposition purporting to be signed by the
person before whom it was taken shall be receivable in
evidence without proof of the signature being the signature
of that person.

Revocation or
variation of
orders under
rules 2 to 5
(O. 38, r. 6).

Expert evidence
in action arising
out of accident
(O. 33, r. 7).

Application to
trials of issues,
references, etc.
(O. 38, r. 8).

Depositions:
when receivable
in evidence at
trial
(O. 38, r. 9).

CH.53 – 154] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

10. (1) Certified copies of writs, records, pleadings
and documents filed in the Supreme Court shall be
admissible in evidence in any cause or matter and between
all parties to the same extent as the original would be
admissible.

(2) Without prejudice to the provisions of any
enactment, every document purporting to be sealed with
the seal of the Supreme Court shall be received in evidence
without further proof, and any document purporting to be
so sealed and to be a copy of a document filed in, or issued
out of, the Registry shall be deemed to be a certified copy
of that document without further proof unless the contrary
is shown.

11. A document purporting to contain the written
consent of a person to act as trustee and to bear his
signature verified by some other person shall be evidence
of such consent.

12. Any evidence taken at the trial of any cause or
matter may be used in any subsequent proceedings in that
cause or matter.

13. (1) At any stage in a cause or matter the Court
may order any person to attend any proceedings in the
cause or matter and produce any document, to be specified
or described in the order, the production of which appears
to the Court to be necessary for the purpose of this
proceeding.

(2) No person shall be compelled by an order under
paragraph (1) to produce any document at a proceeding in
a cause or matter which he could not be compelled to
produce at the trial of that cause or matter.

II. Writs of Subpoena
14. (1) A writ of subpoena must be in Form No. 28,

29 or 30 in Appendix A, whichever is appropriate.
(2) Issue of a writ of subpoena takes place upon its

being sealed by the Registrar.
(3) Before a writ of subpoena is issued a praecipe

for the issue of the writ must be filed in the Registry; and
the praecipe must contain the name and address of the
party issuing the writ, if he is acting in person, or the name
or firm and business address of that party’s attorney.

Court documents
admissible or
receivable in
evidence
(O. 38, r. 10).

Evidence of
consent of new
trustee to act
(O. 38, r. 11).

Evidence at trial
may be used in
subsequent
proceedings
(O. 38, r. 12).
Order to produce
document at
proceeding other
than trial
(O. 38, r. 13).

Form and issue
of writ of
subpoena
(O. 38, r. 14).

SUPREME COURT [CH.53 – 155



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15. The names of two or more persons may be
included in one writ of subpoena ad testificandum.

16. Where there is a mistake in any person’s name
or address in a writ of subpoena, then, if the writ has not
been served the party by whom the writ was issued may
have the writ resealed in correct form by filing a second
praecipe under rule 14(3) indorsed with the words
“Amended and re-sealed”.

17. A writ of subpoena must be served personally
and the service shall not be valid unless effected within 12
weeks after the date of issue of the writ.

18. A writ of subpoena continues to have effect until
the conclusion of the trial at which the attendance of the
witness is required.

III. Hearsay Evidence
19. (1) In this Part of this Order “the Act” means the

Civil Evidence Act, 1968, of England and any expressions
used in this Part of this Order and in Part I of the Act have
the same meanings in this Part of this Order as they have in
the said Part I.

(2) This Part of this Order shall apply in relation to
the trial or hearing of an issue or question arising in a cause
or matter, and to a reference, inquiry and assessment of
damages, as it applies in relation to the trial or hearing of a
cause or matter.

20. (1) Subject to the provisions of this rule, a party
to a cause or matter who desires to give in evidence at the
trial or hearing of the cause or matter any statement which
is admissible in evidence by virtue of section 2, 4, or 5 of
the Act must —

(a) in the case of a cause or matter which is required
to be set down for trial or hearing or adjourned
into court, within 21 days after it is set down or
so adjourned, or within such other period as the
Court may specify; and

(b) in the case of any other cause or matter, within
21 days after the date on which an appointment
for the first hearing of the cause or matter is
obtained, or within such other period as the
Court may specify,

More than one
name may be
included in one
writ of subpoena
(O. 38, r. 15).
Amendment of
writ of subpoena
(O. 38, r. 16).

Service of writ of
subpoena
(O. 38, r. 17).

Duration of writ
of subpoena
(O. 38, r. 18).

Interpretation
and application
(O. 38, r. 19).

Notice of
intention to give
certain
statements in
evidence
(O. 38, r. 20).

CH.53 – 156] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

serve on every other party to the cause or matter notice of
his desire to do so, and the notice must comply with the
provisions of rule 21, 22 or 23, as the circumstances of the
case require.

(2) Paragraph (1) shall not apply in relation to any
statement which is admissible as evidence of any fact
stated therein by virtue not only of the said section 2, 4 or 5
but by virtue also of any other statutory provision within
the meaning of section 1 of the Act.

(3) Paragraph (1) shall not apply in relation to any
statement which any party to a probate action desires to
give in evidence at the trial of that action and which is
alleged to have been made by the deceased person whose
estate is the subject of the action.

(4) Where by virtue of any provision of these Rules
or of any order or direction of the Court the evidence in
any proceedings is to be given by affidavit then, without
prejudice to paragraph (2), paragraph (1) shall not apply in
relation to any statement which any party to the
proceedings desires to have included in any affidavit to be
used on his behalf in the proceedings, but nothing in this
paragraph shall affect the operation of Order 41, rule 5, or
the powers of the Court under Order 38, rule 3.

(5) Order 61, rule 9, shall not apply to a notice
under this rule but the Court may direct that the notice need
not be served on any party who at the time when service is
to be effected is in default as to entry of appearance or who
has no address for service.

21. If the statement is admissible by virtue of section
2 of the Act, and was made in a document, a copy or
transcript of the document, or of the relevant part thereof,
must be annexed to the notice and the notice must contain
particulars of —

(a) the time, place and circumstances at or in which
the statement was made;

(b) the person by whom, and the person to whom,
the statement was made; and

(c) the substance of the statement or, if material, the
words used.

Statement
admissible by
virtue of section
2 of the Civil
Evidence Act of
England:
contents of notice
(O. 38, r. 21).

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(2) If the party giving the notice alleges that any
person, particulars of whom are contained in the notice,
cannot or should not be called as a witness at the trial or
hearing for any of the reasons specified in rule 24, the
notice must contain a statement to that effect specifying the
reason relied on.

22. (1) If the statement is admissible by virtue of
section 4 of the Act, the notice must have annexed to it a
copy or transcript of the document containing the
statement, or of the relevant part thereof, and must
contain —

(a) particulars of —
(i) the person by whom the record containing

the statement was compiled;
(ii) the person who originally supplied the

information from which the record was
compiled; and

(iii) any other person through whom that
information was supplied to the compiler
of that record,

and, in the case of any such person as is referred
to in (i) or (iii) above, a description of the duty
under which that person was acting when
compiling that record or supplying information
from which that record was compiled, as the
case may be;

(b) if not apparent on the face of the document
annexed to the notice, a description of the nature
of the record which, or part of which, contains
the statement; and

(c) particulars of the time, place and circumstances
at or in which that record or part was compiled.

(2) If the party giving the notice alleges that any
person, particulars of whom are contained in the notice,
cannot or should not be called as a witness at the trial or
hearing for any. of the reasons specified in rule 24, the
notice must contain a statement to that effect specifying the
reason relied on.

23. (1) If the statement is contained in a document
produced by a computer and is admissible by virtue of
section 5 of the Act, the notice must have annexed to it a
copy or transcript of the document containing the


Statement
admissible by
virtue of section
4 of the Act:
contents of notice
(O. 38, r. 22).

Statement
admissible by
virtue of section
5 of the Act:
contents of notice
(O. 38, r. 23).

CH.53 – 158] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

statement, or of the relevant part thereof, and must contain
particulars of —

(a) a person who occupied a responsible position in
relation to the management of the relevant
activities for the purpose of which the computer
was used regularly during the material period of
store or process information;

(b) a person who at the material time occupied such
a position in relation to the supply of informa-
tion to the computer, being information which is
reproduced in the statement or information from
which the information contained in the statement
is derived;

(c) a person who occupied such a position in
relation to the operation of the computer during
the material period,

and where there are two or more persons who fall within
any of the foregoing subparagraphs and some only of those
persons are at the date of service of the notice capable of
being called as witnesses at the trial or hearing, the person,
particulars of whom are to be contained in the notice, must
be such one of those persons as is at that date so capable.

(2) The notice must also state whether the computer
was operating properly throughout the material period and,
if not, whether any respect in which it was not operating
properly or was out of operation during any part of that
period was such as to affect the production of the
document in which the statement is contained or the
accuracy of its contents.

(3) If the party giving the notice alleges that any
person, particulars of whom are contained in the notice,
cannot or should not be called as a witness at the trial or
hearing for any of the reasons specified in rule 24, the
notice must contain a statement to that effect specifying the
reason relied on.

24. The reasons referred to in rules 21(2), 22(2) and
23(3) are that the person in question is dead, or beyond the
seas or unfit by reason of his bodily or mental condition to
attend as a witness or that despite the exercise of
reasonable diligence it has not been possible to identify or
find him or that he cannot reasonably by expected to have
any recollection of matters relevant to the accuracy or
otherwise of the statement to which the notice relates.

Reasons for not
calling a person
as a witness
(O. 38, r. 24).

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25. (1) Subject to paragraphs (2) and (3), any party
to a cause or matter on whom a notice under rule 20 is
served may within 21 days after service of the notice on
him serve on the party who gave the notice or a counter-
notice requiring that party to call as a witness at the trial or
hearing of the cause or matter any person (naming him)
particulars of whom are contained in the notice.

(2) Where any notice under rule 20 contains a
statement that any person, particulars of whom are
contained in the notice, cannot or should not be called as a
witness for the reason specified therein, a party shall not be
entitled to serve a counter-notice under this rule requiring
that person to be called as a witness at the trial or hearing
of the cause or matter unless he contends that that person
can or, as the case may be, should be called, and in that
case he must include in his counter-notice a statement to
that effect.

(3) Where a statement to which a notice under rule
20 relates is one to which rule 27 applies, no party on whom
the notice is served shall be entitled to serve a counter-notice
under this rule in relation to that statement, but the foregoing
provision is without prejudice to the right of any party to
apply to the Court under rule 27 for directions with respect
to the admissibility of that statement.

(4) If any party to a cause or matter by whom a
notice under rule 20 is served fails to comply with a
counter-notice duly served on him under this rule, then,
unless any of the reasons specified in rule 24 applied in
relation to the person named in the counter-notice, and
without prejudice to the powers of the Court under rule 28,
the statement to which the notice under rule 20 relates shall
not be admissible at the trial or hearing of the cause or
matter as evidence of any fact stated therein by virtue of
section 2, 4 or 5 of the Act, as the case may be.

26. (1) Where in any cause or matter a question
arises whether any of the reasons specified in rule 24 applies
in relation to a person particulars of whom are contained in a
notice under rule 20, the Court may, on the application of
any party to the cause or matter, determine the question
before the trial or hearing of the cause or matter or give
directions for it to be determined before the trial or hearing
and for the manner in which it is to be so determined.

Counter-notice
requiring person
to be called as a
witness
(O. 38, r. 25).

Determination of
question whether
person can or
should be called
as a witness
(O. 38, r. 26).

CH.53 – 160] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Unless the Court otherwise directs, the summons
by which an application under paragraph (1) is made must
be served by the party making the application on every
other party to the cause or matter.

(3) Where any such question as is referred to in
paragraph (1) has been determined under or by virtue of
that paragraph, no application to have it determined afresh
at the trial or hearing of the cause or matter may be made
unless the evidence which it is sought to adduce in support
of the application could not with reasonable diligence have
been adduced at the hearing which resulted in the
determination.

27. Where a party to a cause or matter has given
notice in accordance with rule 20 that he desires to give in
evidence at the trial or hearing of the cause or matter —

(a) a statement falling within section 2(1) of the Act
which was made by a person, whether orally or
in a document, in the course of giving evidence
in some other legal proceedings (whether civil
or criminal); or

(b) a statement falling within section 4(1) of the said
Act which is contained in a record of direct oral
evidence given in some other legal proceedings
(whether civil or criminal),

any party to the cause or matter may apply to the Court for
directions under this rule, and the Court hearing such an
application may give directions as to whether, and if so on
what conditions, the party desiring to give the statement in
evidence will be permitted to do so and (where applicable)
as to the manner in which that statement and any other
evidence given in those other proceedings is to be proved.

28. (1) Without prejudice to sections 2(2)(a) and
4(2)(a) of the Act and rule 27, the Court may, if it thinks it
just to do so, allow a statement falling within section 2(1),
4(1) or 5(1) of the Act to be given in evidence at the trial or
hearing of a cause or matter notwithstanding —

(a) that the statement is one in relation to which rule
20(1) applies and that the party desiring to give
the statement in evidence has failed to comply
with that rule; or

Directions with
respect to
statement made
in previous
proceedings
(O. 38, r. 27).

Power of Court
to allow
statement to be
given in evidence
(O. 38, r. 28).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(b) that that party has failed to comply with any
requirement of a counter-notice relating to that
statement which was served on him in accor-
dance with rule 25.

(2) Without prejudice to the generality of paragraph
(1), the Court may exercise its power under that paragraph
to allow a statement to be given in evidence at the trial or
hearing of a cause or matter if a refusal to exercise that
power might oblige the party desiring to give the statement
in evidence to call as a witness at the trial or hearing an
opposite party or a person who is or was at the material
time the servant or agent of an opposite party.

29. Where —
(a) a notice given under rule 20 in a cause or matter

relates to a statement which is admissible by
virtue of section 2 or 4 of the Act; and

(b) the person who made the statement, or, as the
case may be, the person who originally supplied
the information from which the record contain-
ing the statement was compiled, is not called as
a witness at the trial or hearing of the cause or
matter; and

(c) none of the reasons mentioned in rule 24 applies
so as to prevent the party who gave the notice
from calling that person as a witness,

no other party to the cause or matter shall be entitled,
except with the leave of the Court, to adduce in relation to
that person any evidence which could otherwise be
adduced by him by virtue of section 7 of the Act unless he
gave a counter-notice under rule 25 in respect of that
person or applied under rule 27 for a direction that that
person be called as a witness at the trial or hearing of the
cause or matter.

30. (1) Where a person, particulars of whom were
contained in a notice given under rule 20 in a cause or
matter, is not to be called as a witness at the trial or hearing
of the cause or matter, any party to the cause or matter who
is entitled and intends to adduce in relation to that person
any evidence which is admissible for the purpose
mentioned in section 7(1)(b) of the Act must, not more
than 21 days after service of that notice on him, serve on
the party who gave that notice, notice of his intention to
do so.

Restriction on
adducing
evidence as to
credibility of
maker, etc., of
certain
statements
(O. 28, r. 29).

Notice required
of intention to
give evidence of
certain
inconsistent
statements
(O. 38, r. 30).

CH.53 – 162] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Rule 21 (1) shall apply to a notice under this rule
as if the notice were a notice under rule 20 and the
statement to which the notice relates were a statement
admissible by virtue of section 2 of the Act.

(3) The Court may, if it thinks it just to do so, allow
a party to give in evidence at the trial or hearing of a cause
or matter any evidence which is admissible for the purpose
mentioned in the said section 7(1)(b) notwithstanding that
the party has failed to comply with the provisions of
paragraph (1).

31. If —
(a) a party to a cause or matter serves a counter-

notice under rule 25 in respect of any person who
is called as a witness at the trial of the cause or
matter in compliance with a requirement of the
counter-notice; and

(b) it appears to the Court that it was unreasonable
to require that person to be called as a witness,

then, without prejudice to Order 59 and, in particular, to
rule 7(1) thereof, the Court may direct that any costs to that
party in respect of the preparation and service of the
counter-notice shall not be allowed to him and that any
costs occasioned by the counter-notice to any other party
shall be paid by him to that other party.

32. The jurisdiction of the Court under sections
2(2)(a), 4(2)(a) and 6(1) of the Act may be exercised in
chambers.

IV. Expert Evidence
33. In this Part of this Order a reference to a

summons for directions includes a reference to any
summons or application to which, under any of these
Rules, Order 25, rules 2 to 7, apply.

34. (1) Except with the leave of the Court or where
all parties agree, no expert evidence may be adduced at the
trial or hearing of any cause or matter unless the party
seeking to adduce the evidence has applied to the Court to
determine whether a direction should be given under rule
35, 36, or 39 (whichever is appropriate) and has complied
with any direction given on the application.

Costs (O. 38,
r. 31).

Certain powers
exercisable in
chambers
(O. 38, r. 32).

Interpretation
(O. 38, r. 33).

Restrictions on
adducing expert
evidence
(O. 38, r. 34).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(2) Nothing in paragraph (1) shall apply to evidence
which is permitted to be given by affidavit or shall affect
the enforcement under any other provision of these Rules
(except Order 45, rule 5) of a direction given under this
Part of this Order.

35. (1) Where in an action for personal injuries an
application is made under rule 34(1) in respect of oral
expert evidence relating to medical matters, then, unless
the Court considers that there is sufficient reason for not
doing so, it shall direct that the substance of the evidence
be disclosed in the form of a written report or reports to
such other parties and within such period as the Court may
specify.

(2) The Court may, if it thinks fit, treat any of the
following circumstances as a sufficient reason for not
giving a direction under paragraph (1) —

(a) that the pleadings contain an allegation of a
negligent act or omission in the course of
medical treatment; or

(b) that the expert evidence may contain an
expression of opinion —

(i) as to the manner in which the personal
injuries were sustained; or

(ii) as to the genuiness of the symptoms of
which complaint is made.

36. (1) Where an application is made under rule
34(1) in respect of oral expert evidence to which rule 35
does not apply, the Court may, if satisfied that it is desirable
to do so, direct that the substance of any expert evidence
which is to be adduced by any party be disclosed in the form
of a written report or reports to such other parties and within
such period as the Court may specify.

(2) In deciding whether to give a direction under
paragraph (1) the Court shall have regard to all the
circumstances and may, to such extent as it thinks fit, treat
any of the following circumstances as affording a sufficient
reason for not giving such a direction —

(a) that the expert evidence is or will be based to
any material extent upon a version of the facts in
dispute between the parties; or

(b) that the expert evidence is or will be based to any
material extent upon facts which are neither —

Medical evidence
in actions for
personal injuries
(O. 38, r. 35).

Other expert
evidence
(O. 38, r. 36).

CH.53 – 164] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(i) ascertainable by the expert by the exercise
of his own powers of observing; nor

(ii) within his general professional knowledge
and experience.

37. Where the Court considers that any circumstances
rendering it undesirable to give a direction under rule 35 or 36
relate to part only of the evidence sought to be adduced, the
Court may, if it thinks fit, direct disclosure of the remainder.

38. In an action arising out of an accident on land due
to a collision or apprehended collision a party who intends
to apply to the Court under rule 34 in respect of the expert
evidence of an engineer sought to be called on account of
his skill and knowledge as respects motor vehicles shall
before the hearing of the summons for directions make
available to all parties for their inspection a report by the
engineer containing the substance of his evidence.

39. Where an application is made under rule 34 in
respect of expert evidence contained in a statement and the
applicant alleges that the maker of the statement cannot or
should not be called as a witness, the Court may direct that
the provisions of rules 19 to 22 and 24 to 32 shall apply
with such modifications as the Court thinks fit.

40. A party to any cause or matter may put in
evidence any expert report disclosed to him by any other
party in accordance with this Part of this Order.

41. Where a party to any cause or matter calls as a
witness the maker of a report which has been disclosed in
accordance with rule 38 or in accordance with a direction
given under rule 35 or 36, the report may be put in
evidence at the commencement of its maker’s examination
in chief or at such other time as the Court may direct.

42. Any direction given under this Part of this Order
may on sufficient cause being shown be revoked or varied
by a subsequent direction given at or before the trial of the
cause or matter.

Disclosure of
part of expert
evidence
(O. 38, r. 37).

Expert evidence
of engineers in
accident cases
(O. 38, r. 38).

Expert evidence
contained in
statement
(O. 38, r. 39).

Putting in
evidence expert
report disclosed
by another party
(O. 38, r. 40).
Time for putting
expert report in
evidence
(O. 38, r. 41).

Revocation and
variation of
directions
(O. 38, r. 42).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

ORDER 39
EVIDENCE BY DEPOSITION: EXAMINERS OF

THE COURT
(R.S.C. 1978)

1. (1) The Court may, in any cause or matter where
it appears necessary for the purposes of justice, make an
order (in Form No. 32 in Appendix A) for the examination
on oath before a judge, an officer or examiner of the Court
or some other person, at any place, of any person.

(2) An order under paragraph (1) may be made on
such terms (including, in particular, terms as to the giving
of discovery before the examination takes place) as the
Court thinks fit.

2. (1) Where the person in relation to whom an
order under rule 1 is required is out of the jurisdiction, an
application may be made —

(a) for an order (in Form No. 34 in Appendix A)
under that rule for the issue of a letter of request
to the judicial authorities of the country in which
that person is to take, or cause to be taken, the
evidence of that person; or

(b) if the government of that country allows a person
in that country to be examined before a person
appointed by the Court, for an order (in Form No.
37 in Appendix A) under that rule appointing a
special examiner to take the evidence of that
person in that country.

(2) An application may be made for the
appointment as special examiner of a Bahamian or British
consul in the country in which the evidence is to be taken
or his deputy —

(a) if there subsists with respect to that country a
Civil Procedure Convention providing for the
taking of the evidence of any person in that
country for the assistance of proceedings in the
Supreme Court; or

(b) with the consent of the appropriate Minister of
the Government.

3. (1) Where an order is made under rule 1 for the
issue of a letter of request to the judicial authorities of a
country to take, or cause to be taken, the evidence of any


Power to order
depositions to be
taken
(O. 39, r. 1).

Where person to
be examined is
out of the
jurisdiction
(O. 39, r. 2).

Order for issue of
letter of request
(O. 39, r. 3).

CH.53 – 166] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

person in that country the following provisions of this rule
shall apply.

(2) The party obtaining the order must prepare the
letter of request and lodge it in the Registry, and the letter
must be in Form No. 35 in Appendix A, with such
variations as the order may require.

(3) If the evidence of the person to be examined is
to be obtained by means of written questions, there must be
lodged with the letter of request a copy of the
interrogatories and cross-interrogatories to be put to him on
examination.

(4) Unless the official language, or one of the
official languages, of the country in which the
examinations is to be taken is English, each document
lodged under paragraph (2) or (3) must be accompanied by
a translation of the document in the official language of
that country or, if there is more than one official language
of that country, in any one of those languages which is
appropriate to the place in that country where the
examination is to be taken.

(5) Every translation lodged under paragraph (4)
must be certified by the person making it to be a correct
translation; and the certificate must contain a statement of
that person’s full name, of his address and of his
qualifications for making the translation.

(6) The party obtaining the order must, when he
lodges in the Registry the documents mentioned in
paragraphs (2) to (5), also file in that office an undertaking
signed by him or his attorney to be responsible personally
for all expenses incurred by the Minister in respect of the
letter of request and, on receiving due notification of the
amount of those expenses, to pay that amount to the Public
Treasurer and to produce a receipt for the payment to the
Registrar.

4. Where an order has been made under rule 1 —
(a) for the examination of any person before an

officer or examiner of the Court or some other
person (in this rule and rules 5 to 14 referred to
as “the examiner”); or

(b) for the cross-examination before the examiner of
any person who has made an affidavit which is
to be used in any cause or matter,

Enforcing
attendance of
witness at
examination
(O. 39, r. 4).

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the attendance of that person before the examiner and the
production by him of any document at the examination
may be enforced by writ of subpoena in like manner as the
attendance of a witness and the production by a witness of
a document at a trial may be offered.

5. (1) If any person, having been duly summoned
by writ of subpoena to attend before the examiner, refuses
or fails to attend or refuses to be sworn for the purpose of
the examination or to answer any lawful question or
produce any document therein, a certificate of his refusal
or failure, signed by the examiner, must be filed in the
Registry, and upon the filing of the certificate the party by
whom the attendance of that person was required may
apply to the Court for an order requiring that person to
attend, or to be sworn or to answer any question or produce
any document, as the case may be.

(2) An application for an order under this rule may
be made ex parte.

(3) If the Court makes an order under this rule it
may order the person against whom the order is made to
pay any costs occasioned by his refusal or failure.

(4) A person who wilfully disobeys any order made
against him under paragraph (1) is guilty of contempt of
court.

6. (1) The examiner must give the party on whose
application the order for examination was made, a notice
appointing the place and time at which, subject to any
application by the parties, the examination shall be taken,
and such time shall, having regard to the convenience of
the persons to be examined and all the circumstances of the
case, be as soon as practicable after the making of the
order.

(2) The party to whom a notice under paragraph (1)
is given must on receiving it, forthwith give notice of the
appointment to all the other parties.

7. The party on whose application the order for
examination before the examiner was made, must furnish
the examiner with copies of such of the documents in the
cause or matter as are necessary to inform the examiner of
the questions at issue in the cause or matter.

8. (1) Subject to any directions contained in the order
for examination —

Refusal of
witness to attend,
be sworn, etc.
(O. 39, r. 5).

Appointment of
time and place
for examination
(O. 39, r. 6).

Examiner to have
certain
documents
(O. 39, r. 7).

Conduct of
examination
(O. 39, r. 8).

CH.53 – 168] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(a) any person ordered to be examined before the
examiner may be cross-examined and re-exam-
ined; and

(b) the examination, cross-examination and re-ex-
amination of persons before the examiner shall
be conducted in like manner as at the trial of a
cause or matter.

(2) The examiner may put any question to any
person examined before him as to the meaning of any
answer made by that person or as to any matter arising in
the course of the examination.

(3) The examiner may, if necessary, adjourn the
examination from time to time.

9. The examiner may, with the written consent of
all the parties to the cause or matter, take the examination
of any person in addition to those named or provided in the
order for examination, and must annex such consent to the
original deposition of that person.

10. (1) If any person being examined before the
examiner objects to answer any questions put to him, or if
objection is taken to any such question, that question, the
ground for the objection and the answer to any such
question to which objection is taken must be set out in the
deposition of that person or in a statement annexed thereto.

(2) The validity of the ground for objecting to
answer any such question or for objecting to any such
question shall be decided by the Court and not by the
examiner, but the examiner must state to the parties his
opinion thereon, and the statement of his opinion must be
set out in the deposition or in a statement annexed thereto.

(3) If the Court decides against the person taking the
objection it may order him to pay the costs occasioned by
his objection.

11. (1) The deposition of any person examined
before the examiner must be taken down by the examiner or
a shorthand writer or some other person in the presence of
the examiner but, subject to paragraph (2) and rule 10(1),
the deposition need not set out every question and answer so
long as it contains as nearly as may be the statement of the
person examined.

Examination of
additional
witnesses
(O. 39, r. 9).

Objection to
questions
(O. 39, r. 10).

Taking of
depositions
(O. 39, r. 11).

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(2) The examiner may direct the exact words of any
particular question and the answer thereto to be set out in
the deposition if that question and answer appear to him to
have special importance.

(3) The deposition of any person shall be read to
him, and he shall be asked to sign it, in the presence of
such of the parties as may attend, but the parties may agree
in writing to dispense with the foregoing provision. If a
person refuses to sign a deposition when asked under this
paragraph to do so, the examiner must sign the deposition.

(4) The original deposition of any person, authenti-
cated by the signature of the examiner before whom it was
taken, must be sent by the examiner to the Registry and
shall be filed therein.

12. Before sending any deposition to the Registry
under rule 11 (4), the examiner must indorse on the
deposition a statement signed by him of the time occupied
in taking the examination and the fees received in respect
thereof.

13. The examiner may make a special report to the
Court with regard to any examination taken before him and
with regard to the absence or conduct of any person
thereat, and the Court may direct such proceedings to be
taken, or make such order, on the report as it thinks fit.

14. (1) If the fees and expenses due to an examiner
are not paid he may report that fact to the Court, and the
Court may direct the Registrar to apply for an order against
the party on whose application the order for examination
was made to pay the examiner the fees and expenses due to
him in respect of the examination.

(2) An order under this rule shall not prejudice any
determination on the taxation of costs or otherwise as to
the party by whom the costs of the examination are
ultimately to be borne.

15. (1) Witnesses shall not be examined to perpetuate
testimony unless an action has been begun for the purpose.

(2) Any person who would under the circumstances
alleged by him to exist, become entitled, upon the
happening of any future event, to any honour, title, dignity
or office, or to any estate or interest in any real or


Time taken by
examination to
be indorsed on
depositions
(O. 39, r. 12).

Special report by
examiner
(O. 39, r. 13).

Order for
payment of
examiner’s fees
(O. 39, r. 14).

Perpetuation of
testimony
(O. 39, r. 15).

CH.53 – 170] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

personal property, the night or claim to which cannot be
brought to trial by him before the happening of such event,
may begin an action to perpetuate any testimony which
may be material for establishing such right or claim.

(3) No action to perpetuate the testimony of
witnesses shall be set down for trial.

16. A sufficient number of attorneys, of not less
than three years standing, shall be appointed by the Chief
Justice to act as examiners of the Court for a period not
exceeding five years at a time, but the Chief Justice may at
any time revoke any such appointment.

17. (1) The examinations to be taken before
examiners of the Court shall be assigned to them in
rotation by the Registrar.

(2) If an examiner is unable or declines to take an
examination assigned to him, the examination shall be
assigned to some other examiner under paragraph (1).

18. (1) The party prosecuting an order for examina-
tion before an examiner of the Court must take the order or
a copy thereof to the Registrar for him to note on it the
name of the examiner to whom the examination is to be
assigned and must leave a copy of the order with the
Registrar.

(2) A copy of the order for examination is sufficient
authority for the examiner whose name is indorsed on it to
proceed with the examination.

19. (1) The examiners of the Court shall be entitled
to charge the fees determined by the Registrar.

(2) The party prosecuting the order must also pay all
reasonable travelling and other expenses, including charges
for the room (other than the examiner’s chambers) where
the examination is taken.

(3) In the case of every examination, and every
adjournment thereof, a deposit determined by the Registrar
must be made with the Registrar, in respect of fees and
expenses of the day, before the examination is begun or
continued, and any balance remaining after the discharge
of those fees and expenses shall be repaid by the Registrar.

Examiners of the
Court
(O. 39, r. 16).

Assignment of
examinations to
examiners of the
Court
(O. 39, r. 17).

Obtaining
assignment of
examiner of the
Court
(O. 39, r. 18).

Fees and
expenses of
examiners of the
Court
(O. 39, r. 19).

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(4) An examiner shall not be obliged to send any
deposition to the Registry under rule 11(4) until all fees
and expenses due to him in respect of the examination have
been paid.

ORDER 40
COURT EXPERT

(R.S.C. 1978)

1. (1) In any cause or matter which is to be tried
without a jury and in which any question for an expert
witness arises the Court may at any time, with or without
the consent of the parties, appoint an independent expert
or, if more than one such question arises, two or more such
experts, to inquire and report upon any question of fact or
opinion not involving questions of law or of construction.
An expert appointed under this paragraph is referred to in
this Order as a “court expert”. This rule applies both to
proceedings in open Court and in Chambers.

(2) Any court expert in a cause or matter shall, if
possible, be a person agreed between the parties and,
failing agreement, shall be nominated by the Court.

(3) The question to be submitted to the court expert
and the instructions (if any) given to him shall, failing
agreement between the parties, be settled by the Court.

(4) In this rule “expert” in relation to any question
arising in a cause or matter, means any person who has
such knowledge or experience of or in connection with that
question that his opinion on it would be admissible in
evidence.

2. (1) The court expert must send his report to the
Court together with such number of copies thereof as the
Court may direct, and the proper officer must send copies
of the report to the parties or their attorneys.

(2) The Court may direct the court expert to make a
further or supplemental report.

(3) Any part of a court expert’s report which is not
accepted by all the parties to the cause or matter in which it
is made shall be treated as information furnished to the
Court and be given such weight as the Court thinks fit.

Appointment of
expert to report
on certain
questions
(O. 40, r. 1).

Report of court
expert
(O. 40,
r. 2).

CH.53 – 172] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

3. If the court expert is of opinion that an
experiment or test of any kind (other than one of a trifling
character) is necessary to enable him to make a satisfactory
report he shall inform the parties or their attorneys and
shall, if possible, make an arrangement with them as to the
expenses involved, the persons to attend and other relevant
matters; and if the parties are unable to agree on any of
those matters it shall be settled by the Court.

4. Any party may, within 14 days after receiving a
copy of the court expert’s report, apply to the Court for
leave to cross-examine the expert on his report, and on that
application the Court shall make an order for the cross-
examination of the expert by all the parties either —

(a) at the trial; or
(b) before an examiner at such time and place as

may be specified in the order.
5. (1) The remuneration of the court expert shall be

fixed by the Court and shall include a fee for his report and
a proper sum for each day during which he is required to
be present either in court or before an examiner.

(2) Without prejudice to any order providing for
payment of the court expert’s remuneration as part of the
costs of the cause or matter, the parties shall be jointly and
severally liable to pay the amount fixed by the Court for
his remuneration, but where, the appointment of a court
expert is opposed the Court may, as a condition of making
the appointment, require the party applying for the
appointment to give such security for the remuneration of
the expert as the Court thinks fit.

6. Where a court expert is appointed in a cause or
matter, any party may, on giving to the other parties a
reasonable time before the trial notice of his intention to do
so, call an expert witness to give evidence on the question
reported on by the court expert but no party may call more
than one such witness without the leave of the Court, and
the Court shall not grant leave unless it considers the
circumstances of the case to be exceptional.

Experiments and
tests (O. 40, r. 3).

Cross-
examination of
court expert
(O. 40, r. 4).

Remuneration of
the court expert
(O. 40, r. 5).

Calling of expert
witnesses
(O. 40, r. 6).

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ORDER 41
AFFIDAVITS
(R.S.C. 1978)

1. (1) Subject to paragraphs (2) and (3), every
affidavit sworn in a cause or matter must be entitled in that
cause or matter.

(2) Where a cause or matter is entitled in more than
one matter, it shall be sufficient to state the first matter
followed by the words “and other matters”, and where a
cause or matter is entitled in a matter or matters and
between parties, that part of the title which consists of the
matter or matters may be omitted.

(3) Where there are more plaintiffs than one, it shall
be sufficient to state the full name of the first followed by
the words “and others”, and similarly with respect to
defendants.

(4) Every affidavit must be expressed in the first
person and must state the place of residence of the
deponent and his occupation or, if he has none, his
description, and if he is, or is employed by, a party to the
cause or matter in which the affidavit is sworn, the
affidavit must state that fact.

(5) Every affidavit must follow continuously from
page to page.

(6) Every affidavit must be divided into paragraphs
numbered consecutively, each paragraph being as far as
possible confined to a distinct portion of the subject.

(7) Dates, sums and other numbers must be
expressed in an affidavit in figures and not in words.

(8) Every affidavit must be signed by the deponent
and the jurat must be completed and signed by the person
before whom it is sworn.

2. Where an affidavit is made by two or more
deponents, the names of the persons making the affidavit
must be inserted in the jurat except that, if the affidavit is
sworn by both or all the deponents at one time before the
same person, it shall be sufficient to state that it was sworn
by both (or all) of the “above-named” deponents.

3. Where it appears to the person administering the
oath that the deponent is illiterate or blind, he must certify
in the jurat that —

Form of affidavit
(O. 41, r. 1).

Affidavit by two
or more
deponents
(O. 41, r. 2).

Affidavit by
illiterate or blind
person
(O. 41, r. 3).

CH.53 – 174] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(a) the affidavit was read in his presence to the
deponent;

(b) the deponent seemed perfectly to understand it;
and

(c) the deponent made his signature or mark in his
presence; and the affidavit shall not be used in
evidence without such a certificate unless the
Court is otherwise satisfied that it was read to
and appeared to be perfectly understood by the
deponent.

4. An affidavit may, with the leave of the Court, be
filed or used in evidence notwithstanding any irregularity
in the form thereof.

5. (1) Subject to Order 14, rules 2(2) and 4(2), to
paragraph (2) of this rule and to any order made under
Order 38, rule 3, an affidavit may contain only such facts
as the deponent is able of his own knowledge to prove.

(2) An affidavit sworn for the purpose of being used
in interlocutory proceedings may contain statements of
information or belief with the sources and grounds thereof.

6. The Court may order to be struck out of any
affidavit any matter which is scandalous, irrelevant or
otherwise oppressive.

7. (1) An affidavit which has in the jurat or body
thereof any interlineation, erasure or other alteration shall
not be filed or used in any proceeding without the leave of
the Court unless the person before whom the affidavit was
sworn has initialled the alteration and, in the case of an
erasure, has re-written in the margin of the affidavit any
words or figures written on the erasure and has signed or
initialled them.

(2) Where an affidavit is sworn at the Registry, the
official stamp of that office may be substituted for the
signature or initials required by this rule.

8. (1) Every affidavit must be filed in the Registry.
(2) Every affidavit must be indorsed with a note

showing on whose behalf it is filed and the dates of
swearing and filing, and an affidavit which is not so
indorsed may not be filed or used without the leave of the
Court.

Use of defective
affidavit
(O. 41, r. 4).

Contents of
affidavit
(O. 41, r. 5).

Scandalous, etc.,
matter in
affidavit
(O. 41, r. 6).

Alterations in
affidavits
(O. 41, r. 7).

Filing of
affidavits
(O. 41, r. 8).

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9. (1) An original affidavit may not be used in any
proceedings unless it has previously been stamped.

(2) Where an original affidavit is used then, unless
the party whose affidavit it is undertakes to file it, he must
immediately after it is used leave it with the proper officer
in court or in chambers, as the case may be, and that officer
shall send it to be filed.

(3) Where an affidavit has been filed, a certified
copy thereof may be used in any proceedings.

10. (1) Any document to be used in conjunction
with an affidavit must be exhibited, and not annexed, to the
affidavit.

(2) Any exhibit to an affidavit must be identified by
a certificate of the person before whom the affidavit is
sworn. The certificate must be entitled, in the same manner
as the affidavit and rule 1(1), (2) and (3) shall apply
accordingly.

11. A document purporting to have affixed or
impressed thereon or subscribed thereto the seal or
signature of a court, judge, notary public or person having
authority to administer oaths in a part of the Common-
wealth outside The Bahamas in testimony of an affidavit
being taken before it or him shall be admitted in evidence
without proof of the seal or signature being the seal or
signature of that court, judge, notary public or person:

Provided that no such document signed, sealed,
executed or sworn outside The Bahamas or other part of
the Commonwealth shall be admitted in evidence unless
the seal or signature is proved by a certificate of the person
having authority to give such certificate, which shall be
conclusive in all respects, if it states that the person signing
the certificate has such authority.

ORDER 42
JUDGMENTS AND ORDERS

(R.S.C. 1978)

1. (1) If, in the case of any judgment, a form thereof
is prescribed by Appendix A the judgment must be in that
form.

Use of original
affidavit or office
copy
(O. 41, r. 9).

Documents to be
used in
conjunction with
affidavit to be
exhibited to it
(O. 41, r. 10).

Affidavit taken
in
Commonwealth
and other
countries
(O. 41, r. 11).

Form of
judgment, etc.
(O. 42, r. 1).

CH.53 – 176] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) The party entering any judgment shall be
entitled to have recited therein a statement of the manner in
which, and the place at which, the writ or other originating
process by which the cause or matter in question was
begun was served.

(3) An order must be marked with the name of the
judge or Registrar by whom it was made and must be
sealed.

(4) A judgment or order for the payment of a sum of
money may state that sum in Bahamian currency, or in any
appropriate foreign currency.

2. (1) Subject to paragraph (2), a judgment or order
which requires a person to do an act must specify the time
after service of the judgment or order, or some other time,
within which the act is to be done.

(2) Where the act which any person is required by
any judgment or order to do is to pay money to some other
person, give possession of any land or deliver any goods, a
time within which the act is to be done need not be
specified in the judgment or order by virtue of paragraph
(1), but the foregoing provision shall not affect the power
of the Court to specify such a time and to adjudge or order
accordingly.

3. (1) A judgment or order of the Court or of an
official or special referee takes effect from the day of its
date.

(2) Such a judgment or order shall be dated as of the
day on which it is pronounced, given or made, unless the
Court orders it to be dated as of some earlier or later day,
in which case it shall be dated as of that other day.

4. (1) Subject to paragraph (2), every order of the
Court shall be drawn up unless the Court otherwise directs.

(2) An order —
(a) which —

(i) extends the period within which a person
is required or authorised by these Rules, or
by any judgment, order or direction, to do
any act; or

(ii) grants leave for the doing of any of the acts
mentioned in paragraph (3); and

Judgment, etc.,
requiring act to
be done: time for
doing it
(O. 42, r. 2).

Date from which
judgment or
order takes effect
(O. 42, r. 3).

Orders required
to be drawn up
(O. 42, r. 4).

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(b) which neither imposes any special terms nor
includes any special directions other than a
direction as to costs,

need not be drawn up unless the Court otherwise directs.
(3) The acts referred to in paragraph (2)(a)(ii) are —
(a) the issue of any writ, other than a writ of

summons for service out of the jurisdiction;
(b) the amendment of a writ of summons or other

originating process or a pleading;
(c) the filing of any document;
(d) any act to be done by an officer of the Court

other than an attorney.
5. (1) Where a judgment given in a cause or matter

is presented for entry in accordance with this rule at the
Registry, it shall be entered by an officer of that office in
the book kept for the purpose.

(2) The party seeking to have such a judgment
entered must draw up the judgment and present it to the
proper officer of the Registry for entry.

(3) On entering any such judgment the proper
officer shall file the judgment and return a duplicate
thereof to the party who presented it for entry.

(4) Every order made and required to be drawn up
must be drawn up by the party having the custody of the
summons, notice or other document on which the order is
indorsed and if that party fails to draw up the order within
7 days after it is made any other party affected by the order
may draw it up.

(5) The order referred to in paragraph (4) must,
when drawn up, be produced at the Registry, together with
a copy thereof, and when passed by the proper officer the
order, sealed with the seal of that office, shall be returned
to the party producing it and the copy shall be lodged in
that office.

ORDER 43
ACCOUNTS AND INQUIRIES

(R.S.C. 1978)

1. (1) Where a writ is indorsed with a claim for an
account or a claim which necessarily involves taking an
account, the plaintiff may, at any time after the defendant


Drawing up and
entry of
judgments and
orders
(O. 42, r. 5).

Summary order
for account
(O. 43, r. 1).

CH.53 – 178] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

has entered an appearance or after the time limited for
appearing, apply for an order under this rule.

(2) An application under this rule must be made by
summons and, if the Court so directs, must be supported by
affidavit or other evidence.

(3) On the hearing of the application, the Court may,
unless satisfied by the defendant by affidavit or otherwise
that there is some preliminary question to be tried, order
than an account be taken and may also order that any
amount certified on taking the account to be due to either
party be paid to him within a time specified in the order.

2. (1) The Court may, on an application made by
summons at any stage of the proceedings in a cause or
matter, direct any necessary accounts or inquiries to be
taken or made.

(2) Every direction for the taking of an account or
the making of an inquiry shall be numbered in the
judgment or order so that, as far as may be, each distinct
account and inquiry may be designated by a number.

3. (1) Where the Court orders an account to be
taken it may by the same or a subsequent order give
directions with regard to the manner in which the account
is to be taken or vouched.

(2) Without prejudice to the generality of paragraph
(1), the Court may direct that in taking the account the
relevant books of account shall be evidence of the matters
contained therein with liberty to the parties interested to
take such objections thereto as they think fit.

4. (1) Where an account has been ordered to be
taken, the accounting party must make out his account and,
unless the Court otherwise directs, verify it by an affidavit
to which the account must be exhibited.

(2) The items on each side of the account must be
numbered consecutively.

(3) Unless the order for the taking of the account
otherwise directs, the accounting party must lodge the
account with the Court and must at the same time notify
the other parties that he has done so and of the filing of any
affidavit verifying the account and of any supporting
affidavit.

Court may direct
taking of
accounts, etc.
(O. 43, r. 2).

Directions as to
manner of taking
account
(O. 43, r. 3).

Account to be
made, verified,
etc.
(O. 43, r. 4).

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5. Any party who seeks to charge an accounting
party with an amount beyond that which he has by his
account admitted to have received or who alleges that any
item in his account is erroneous in respect of amount or in
any other respect, must give him notice thereof stating, so
far as he is able, the amount sought to be charged with
brief particulars thereof or, as the case may be, the grounds
for alleging that the item is erroneous.

6. In taking any account directed by any judgment
or order all just allowances shall be made without any
direction to that effect.

7. (1) If it appears to the Court that there is undue
delay in the prosecution of any accounts or inquiries, or in
any other proceedings under any judgment or order, the
Court may require the party having the conduct of the
proceedings or any other party to explain the delay and
may then make such order for staying the proceedings or
for expediting them or for the conduct thereof and for costs
as the circumstances require.

(2) The Court may direct any party to take over the
conduct of the proceedings in question and to carry out any
directions made by an order under this rule.

8. Where some of the persons entitled to share in a
fund are ascertained, and difficulty or delay has occurred
or is likely to occur in ascertaining the other persons so
entitled, the Court may order or allow immediate payment
of their shares to the persons so ascertained without
reserving any part of those shares to meet the subsequent
costs of ascertaining those other persons.

9. The accounts of a person appointed guardian of
a minor’s estate must be verified and passed in the same
manner as that provided by Order 30 in relation to a
receiver’s account or in such other manner as the Court
may direct.

Notice to be
given of alleged
omissions, etc., in
account
(O. 43, r. 5).

Allowances
(O. 43, r. 6).

Delay in
prosecution of
accounts, etc.
(O. 43, r. 7).

Distribution of
fund before all
persons entitled
are ascertained
(O. 43, r. 8).

Guardian’s
accounts
(O. 43, r. 9).

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

ORDER 44
PROCEEDING UNDER JUDGMENTS AND

ORDERS: EQUITY SIDE
(R.S.C. 1978)

1. This Order shall, with the necessary modifications,
apply in relation to proceedings under an order as it applies in
relation to proceedings under a judgment and, accordingly,
references therein to a judgment shall be construed as
including references to an order.

2. (1) Where in order to carry out any directions
contained in a judgment given in a cause or matter on the
Equity Side of the Court it is necessary to proceed in
chambers under the judgment, the party entitled to
prosecute the judgment must, within 10 days after entry of
the judgment, leave a copy of it at the judge’s chambers
with a certificate that it is a true copy of the judgment as
entered.

(2) If the party entitled to prosecute the judgment
fails to comply with paragraph (1), any other party to the
cause of or matter may leave a copy of the judgment, with
the certificate referred to in that paragraph, at the judge’s
chambers and, unless the Court otherwise directs, he shall
thereupon become entitled to prosecute the judgment.

(3) Upon leaving a copy of the judgment at the
judge’s chambers the party entitled to prosecute the judgment
must take out a summons to proceed under the judgment.

3. (1) Where in an action for —
(a) the administration of the estate of a deceased

person; or
(b) the execution of a trust; or
(c) the sale of any property,

the Court gives a judgment which affects the rights or
interests of persons not parties to the action or directs any
account to be taken or inquiry made, the Court may, when
giving the judgment or at any stage of the proceedings
under the judgment, direct notice of the judgment to be
served on any person interested in the estate or under the


Application to
proceedings
under an order
(O. 44, r. 1).

Documents to be
left at chambers:
summons to
proceed
(O. 44, r. 2).

Service of notice
of judgment on
person not a
party
(O. 44, r. 3).

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trust or in the property, as the case may be; and any person
duly served with notice of a judgment in accordance with
this rule shall, subject to paragraph (5), be bound by the
judgment to the same extent as he would have been if he
had originally been made a party to the action.

(2) The Court may direct a notice of judgment to be
served personally or in such manner as it may specify on
the person required to be served, or if it appears to the
Court that it is impracticable for any reason to serve such
notice on any person it may dispense with service of the
notice on that person. Before notice of a judgment is served
the notice must be indorsed with a memorandum in Form
No. 52 in Appendix A.

(3) The party prosecuting the judgment must leave
at the judge’s chambers the stamped copy of the
memorandum of appearance of any person served with
notice of the judgment or, as the case may be, a certificate
that no appearance has been entered by him.

(4) Where the Court dispenses with service of
notice of a judgment on any person, it may also order that
that person shall be bound by the judgment to the same
extent as if he had been served with notice thereof, and he
shall be bound accordingly except where the judgment has
been obtained by fraud or non-disclosure of material facts.

(5) A person served with notice of a judgment may,
within one month after service of the notice on him, and
without entering an appearance, apply to the Court to
discharge, vary or add to the judgment.

(6) A person served with notice of a judgment may,
after entering an appearance to the notice, attend the
proceedings under the judgment.

4. (1) The Court hearing the summons to proceed
shall give directions with respect to the proceedings to be
taken under the judgment and the conduct thereof,
including, in particular, directions with respect to —

(a) the manner in which any account or inquiry is to
be prosecuted;

(b) the evidence to be adduced in support thereof;
(c) the parties required to attend all or any part of

the proceedings; and
(d) the time within which each proceedings is to be

taken,
and may fix a day or days for the further attendance of the
parties.

Directions by
Court
(O. 44, r. 4).

CH.53 – 182] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

5. Where on the hearing of the summons to
proceed or at any stage of the proceedings under the
judgment it appears to the Court that the interests of the
parties can be classified, it may require the parties,
constituting each or any class to be represented by the
same attorney, and where the parties constituting any class
cannot agree on the attorney to represent them, the Court
may nominate an attorney to represent the class in the
proceedings.

6. Where on the hearing of the summons to
proceed or at any stage of the proceedings under the
judgment it appears to the Court that two or more of the
parties who are represented by. the same attorney ought to
be separately represented, it may require them to be so
represented and may adjourn the proceedings until they
are.

7. Any party to the proceedings under the
judgment who has not been directed to attend may apply to
the Court for leave to attend any part of the proceedings at
the cost of the estate or other property to which the
proceedings relate and to have the conduct of that part
either in addition to or in substitution for any other party.

8. Where the judgment directs any deed or other
instrument to be settled by the judge in chambers, or to be
settled by him if the parties to the deed fail to agree it, the
Court hearing the summons to proceed under the judgment
shall direct —

(a) that within such period as it may specify the
party entitled to prepare a draft of the deed must
serve a copy of the draft on every other party
who will be a party to the deed; and

(b) that within 8 days, or such other period, if any,
as it may specify, after service on any such other
party of a copy of the draft that party must serve
on the party by whom the draft was prepared a
written statement of his objections (if any) to the
draft.

9. Rules 10 to 17 apply —
(a) where in proceedings for the administration

under the direction of the Court of the estate of a
deceased person the judgment directs any


Court may
require parties to
be represented by
the same
attorney
(O. 44, r. 5).

Court may
require parties to
be represented by
different
attorneys
(O. 44, r. 6)
S.I. 65/1979.

Leave to attend
proceedings, etc.
(O. 44, r. 7).

Judgment
requiring deed to
be settled by
court: directions
(O. 44, r. 8).

Application of
rules 10 to 17
(O. 44, r. 9).

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account of debts or other liabilities of the
deceased’s estate to be taken or any inquiry for
next of kin or other unascertained claimants to
be made; and

(b) where in proceedings for the execution under the
direction of the Court of a trust the judgment
directs any such inquiry to be made,

and those rules shall, with the necessary modifications,
apply where in any other proceedings the judgment directs
any account of debts or other liabilities to be taken or any
inquiry to be made.

10. (1) On the hearing of the summons to proceed
the Court may direct the issue of advertisements for
creditors or other claimants, and in deciding whether to do
so shall have regard to any advertisement previously issued
by the personal representatives or trustees concerned.

(2) Every such advertisement shall be prepared by
the party prosecuting the judgment, and —

(a) in the case of an advertisement for creditors,
shall be signed by that party’s attorney or, if he
has no attorney, by the Registrar; and

(b) in the case of an advertisement for other
claimants, shall be submitted to the Registrar
and if approved by the Registrar shall be signed
by him.

(3) The Court shall fix the time within which, and
the person to whom, any claimant is to send his name and
address and particulars of his claim, and that time and the
name and address of that person shall be stated in the
advertisement.

11. A claimant who fails to send full particulars of
his claim to the person named in any advertisement
directed by the Court within the time therein specified shall
not be entitled to prove his claim except with the leave of
the Court, and in granting leave the Court may impose such
terms as to costs and otherwise as it thinks just.

12. (1) Where an account of debts or other liabilities
of the estate of a deceased person has been directed, such
party as the Court may direct must —

Advertisements
for creditors and
other claimants
(O. 44, r. 10).

Failure to claim
within specified
time
(O. 44, r. 11).

Examination, etc.
of claims
(O. 44, r. 12).

CH.53 – 184] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(a) examine the claims of persons claiming to be
creditors of the estate and determine, so far as he
is able, to which of such claims the estate is
liable; and

(b) at least 7 clear days before the time appointed
for adjudicating on claims, make an affidavit
verifying lists of —

(i) claims sent in pursuance of any
advertisement;

(ii) claims which have been received by any of
the personal representatives otherwise than
in pursuance of an advertisement; and

(iii) debts of the deceased at the time of his
death in respect of which no claim has
been received but which are or may still be
due and which have come to the
knowledge of any of the personal
representatives.

(2) Where an inquiry for next of kin or other
unascertained claimants has been directed, such party as
the Court may direct must —

(a) examine the claims and determine, so far as he is
able, which of them are valid claims; and

(b) at least 7 clear days before the time appointed
for adjudicating on claims, make an affidavit
verifying lists of —

(i) claims sent in pursuance of any advertise-
ment; and

(ii) claims received by any of the personal
representatives of trustees concerned, otherwise
than in pursuance of an advertisement, or
which have come to his knowledge.

(3) The affidavit required by paragraph (1) or (2)
must, as the circumstances of the case require, specify, in
relation to the claims of creditors, the claims and debts
which in the belief of the deponent are liabilities of the
estate of the deceased and ought to be allowed, in whole or
in part, and, in relation to the claims of persons other than
creditors, the claims which in the belief of the deponent are
valid claims, with, in either case, the reasons for such
belief.

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(4) If the personal representatives or trustees
concerned are not the parties directed by the Court to
examine claims, they must join with the party directed to
examine them in making the affidavit required by this rule.

13. (1) The Court adjudicating on the claims —
(a) may allow any such claim after or without proof

thereof;
(b) may direct any such claim to be investigated in

such manner as it thinks fit;
(c) may require any claimant to attend and prove his

claim or to furnish further particulars or
evidence of it.

(2) Where the Court exercises the power conferred
by paragraph 1(c) in relation to any claimant, such party as
the Court may direct must serve on that claimant a notice
requiring him —

(a) to file an affidavit in support of his claim within
such time, not being less than 7 days after service
of the notice as may be specified in the notice and
to attend before the Court for adjudication on the
claim at such time as may be so specified; or

(b) to produce to the Court at such time as may be
so specified such documents in support of his
claim as may be so specified or described.

(3) Where a claimant fails to comply with a notice
served on him under paragraph (2) his claim may be
disallowed.

(4) A claimant who files an affidavit in compliance
with a notice served on him under paragraph (2) must serve
notice of the filing on the party by whom the first-
mentioned notice was served and, unless the Court
otherwise directs, that party must produce an office copy of
the affidavit at the adjudication of the claim.

(5) No person claiming to be a creditor need make
an affidavit or attend in support of his claim, except for the
purpose of producing any documents which he is required
to produce, unless served with a notice under paragraph
2(a).

(6) If the Court so directs, a person claiming to be a
secured creditor must produce his security at the judge’s
chambers.

(7) In this rule references to a claim include references
to part of a claim.

Adjudication on
claims (O. 44, r.
13).

CH.53 – 186] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

14. Where on the day appointed for adjudication of
claims any claim is not then disposed of, the adjudication
shall be adjourned to a day appointed by the Court, and the
Court may fix the time within which any evidence in
support of or in opposition to the claim is to be filed.

15. (1) Where a claimant other than a creditor has
established his claim, then, unless he is a party to the cause
or matter or has previously been served with notice of the
judgment or the Court otherwise directs, the party having
the conduct of the cause or matter must serve notice of the
judgment on him.

(2) A person duly served with notice of a judgment
under the rule shall, subject to rule 3(5), as applied by
paragraph (4), be bound by the judgment to the same extent
as he would have been if he had originally been made a
party to the action.

(3) Where the Court directs under paragraph (1) that
notice of a judgment shall not be served on a person, it may
also order that that person shall be bound by the judgment
to the same extent as if he had been served with notice
thereof, and he shall be bound accordingly except where
the judgment has been obtained by fraud or non-disclosure
of material facts.

(4) Rule 3(5) and (6) shall apply in relation to a
person served with notice of a judgment under this rule as
they apply in relation to a person served with notice of a
judgment under that rule.

16. (1) Such party as the Court may direct must serve
on every creditor whose claim or any part thereof has b en
allowed or disallowed and who did not attend when the
claim was disposed of, a notice informing him of that fact.

(2) Such party, if any, as the Court may direct must
make out a list of creditors’ claims, and a list of any other
claims, allowed and leave it at the judge’s chambers.

17. For the purpose of Order 61, rule 5, in its
application to the service of any notice under this Order on
a claimant, the proper address of a claimant shall be the
address stated in his claim, or, if an attorney is acting for
him in connection with the claim, the business address of
that attorney.

Adjournment of
adjudication (O.
44, r. 14).

Service of notice
of judgment on
certain claimants
(O. 44, r. 15).

Notice, etc., of
claims allowed
(O. 44, r. 16).

Service of notices
(O. 44, r. 17).

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18. (1) Where an account of the debts of a deceased
person is directed by any judgment, then, unless the
deceased’s estate is insolvent or the Court otherwise
orders, interest shall be allowed —

(a) on any such debt as carries interest, at the rate it
carries; and

(b) on any other debt, at the rate of $10 per cent per
annum from the date of the judgment.

(2) A creditor who has established his debt in
proceedings under the judgment and whose debt does not
carry interest shall be entitled to interest on his debt at the
rate of $10 per cent per annum from the date of the
judgment out of any assets which may remain after
satisfying the costs of the cause or matter, the debts which
have been established and the interest on such of those
debts as by law carry interest.

19. When an account of legacies is directed by any
judgment, then, subject to any directions contained in the
will or codicil in question and to any order made by the
Court, interest shall be allowed on each legacy at the rate
of $10 per cent per annum beginning at the expiration of
one year after the testator’s death.

20. (1) Any party may, before the proceedings
before the Registrar under any judgment are concluded,
apply to the judge for the determination of any question
arising in the course of the proceedings. Unless the Court
otherwise directs, a fresh summons shall not be issued for
the purpose of an application under this paragraph.

(2) It shall not be necessary to draw up the order or
directions made or given by the judge on the determination
of such question, except in the event of an appeal to the
Court of Appeal, but the Registrar shall refer to such order
or directions in his certificate under rule 21.

21. (1) The result of proceedings before the
Registrar under a judgment shall be stated in the form of a
certificate by the Registrar.

(2) Such certificate shall refer to so much of the
judgment, to such documents or parts thereof and to such
of the evidence as will make it clear upon what the result
stated in the certificate is founded but shall not, unless the
circumstances of the case render it necessary, set out the
judgment or any documents, evidence or reasons.

Interest on debts
(O. 44, r. 18).

Interest on
legacies (O. 44, r.
19).

Determination
by judge of
question arising
before Registrar
(O. 44, r. 20).

Registrar’s
certificate (O. 44,
r. 21).

CH.53 – 188] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) Where the judgment requires the taking of any
account, the certificate must refer to the account verified
by filed affidavit and must specify by reference to the
numbered items in the account which, if any, of such items
have been disallowed or varied and the additions, if any,
which have been made by way of surcharge or otherwise.

(4) Where by reason of the alterations made in the
account verified by filed affidavit the Court has directed a
fresh account incorporating the alterations to be made, the
reference in paragraph (3) to the account so verified shall
be construed as a reference to the fresh account.

22. (1) A draft of the Registrar’s certificate shall be
drawn up in chambers unless the Registrar directs it to be
drawn up by a party to the proceedings and the draft shall
be settled by the parties before the Registrar on such day as
the Registrar may appoint.

(2) The certificate signed by the Registrar and any
account referred to therein shall be filed in the Registry.

23. (1) Any party to proceedings under a judgment
may, not later than 8 clear days after the filing of the
Registrar’s certificate therein, apply by summons for an
order of the judge in person discharging or varying the
certificate.

(2) Subject to paragraph (3), any such certificate
shall, on the expiration of the period specified in relation to
it in paragraph (1), become binding on the parties to the
proceedings unless discharged or varied by order under
paragraph (1).

(3) The judge in person may, in special
circumstances, by order discharge or vary the certificate of
a Registrar notwithstanding that the certificate has become
binding on the parties. An application for an order under
the paragraph may be by motion or summons.

24. (1) Where a Registrar’s certificate has been filed
in any cause or matter, then, if —

(a) the cause or matter in which it was filed is a
debenture holders’ action or the judgment to be
made in the cause or matter in which it was filed
is for the distribution of an insolvent estate or
for the distribution of the estate of a person who
died intestate; or

Settling and filing
of Registrar’s
Certificate (O.
44, r. 22).

Discharge or
variation of
Registrar’s
Certificate (O.
44, r. 23).

Further
consideration of
cause or matter
in chambers (O.
44, r. 24).

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(b) the order on which the certificate was made in
chambers and no direction has been given that
the cause or matter be adjourned for further
consideration in court; or

(c) an order has been made directing that the cause
or matter be adjourned for further consideration
in chambers,

a summons for the further consideration of the cause or
matter may be issued —

(i) after the expiration of 8 clear days, and before
the expiration of 14 days, from the filing of the
Registrar’s certificate, by the plaintiff or party
having the conduct of the proceedings; or

(ii) after the expiration of the said 14 days, by any
party.

(2) There shall be at least 6 days between the
service of a summons under this rule and the day named
therein for the further consideration of the cause or matter.

25. (1) Where a Registrar’s certificate has been filed
in any cause or matter, then, if —

(a) the judgment on which the certificate was made
was given in court and the cause or matter is not
such as is mentioned in rule 24(1)(a) and no
direction has been given that it be adjourned for
further consideration in chambers; or

(b) an order has been made directing that the cause
or matter be adjourned for further consideration
in court,

the cause or matter may be set down by the Registrar in the
cause book for further consideration —

(i) after the expiration of 8 clear days, and before
the expiration of 14 days, from the filing of the
Registrar’s certificate, on the written request of
the plaintiff or party having the conduct of the
proceedings; or

(ii) after expiration of the said 14 days, on the
written, request of any party,

upon the production, in either case, of the judgment
adjourning the cause or matter for further consideration, or
a certified copy thereof, and a certified copy of the


Further
consideration of
cause or matter
in court (O. 44, r.
25).

CH.53 – 190] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Registrar’s certificate or a memorandum of the date of
filing of the certificate, indorsed on request by the proper
officer on the judgment or certified copy thereof.

(2) A cause or matter so set down shall not be put
into the list for further consideration until after the
expiration of 10 days from the day on which it was so set
down, and notice of the setting down as the day before
which the cause or matter is not to be put in the list for
further consideration must be given to the other parties to
the cause or matter at least 6 days before that day.

ORDER 45
ENFORCEMENT OF JUDGMENTS AND ORDERS:

GENERAL
(R.S.C. 1978)

1. (1) Subject to the provisions of these Rules, a
judgment or order for the payment of money, not being a
judgment or order for the payment of money into court,
may be enforced by one or more of the following means,
that is to say —

(a) writ of fieri facias;
(b) garnishee proceedings;
(c) a charging order;
(d) the appointment of a receiver;
(e) in a case in which rule 5 applies, an order for

committal;
(f) in such a case, writ of sequestration.
(2) Subject to the provisions of these Rules, a

judgment or order for the payment of money into court
may be enforced by one or more of the following means,
that is to say —

(a) the appointment of a receiver;
(b) in a case in which rule 5 applies, an order of

committal;
(c) in such a case, writ of sequestration.
(3) Paragraph (1) and (2) are without prejudice to any

other remedy available to enforce such a judgment or order as
is therein mentioned or to the power of a court under the
Debtors Act to commit to prison a person who makes a
default in paying money adjudged or ordered to be paid by


Enforcement of
judgment, etc.,
for payment of
money (O. 45,
r. 1).

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him, or to the enactments relating to bankruptcy or the
winding up of companies.

(4) In this Order references to any writ shall be
construed as including references to any further writ in aid
of the first mentioned writ.

(5) In any writ or order issued or made to enforce a
judgment or order for the payment of money, the amount to
be recovered must be stated in Bahamian currency.

2. (1) Where any person is directed by any
judgment, order or award to pay any money to or for the
credit of a person who is resident outside the scheduled
territories, he must, unless the Central Bank of The
Bahamas has given permission for the payment under the
Exchange Control Regulations, unconditionally or upon
conditions which have been complied, with, pay the money
into court.

(2) Payment into court under paragraph (1) shall, to
the extent of the amount paid in, be a good discharge of the
person making the payment, and no steps may be taken to
enforce the judgment, order or award to the extent of that
amount.

(3) Notice of a payment into court under this rule
must be given to the plaintiff, his attorney or agent and to
any other person required by the judgment, order or award
to be given notice of such payment.

3. (1) Subject to the provisions of these Rules, a
judgment or order for the giving of possession of land may
be enforced by one or more of the following means, that is
to say —

(a) writ of possession;
(b) in a case in which rule 5 applies, an order of

committal;
(c) in such a case, writ of sequestration.
(2) A writ of possession to enforce a judgment or

order for the giving of possession of any land shall not be
issued without the leave of the Court except where the
judgment or order was given or made in a mortgage action
to which Order 77 applies.

(3) Such leave shall not be granted unless it is shown
that every person in actual possession of the whole or any
part of the land has received such notice of the proceedings
as appears to the Court sufficient to enable him to apply to
the Court for any relief to which he may be entitled.

Judgment, etc.,
for payment of
money to person
resident outside
the scheduled
territories (O. 45,
r. 2).

Enforcement of
judgment for
possession of
land (O. 45, r. 3).

CH.53 – 192] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(4) A writ of possession may include provision for
enforcing the payment of any money adjudged or ordered
to be paid by the judgment or order which is to be enforced
by the writ.

4. (1) Subject to the provisions of these Rules, a
judgment or order for the delivery of any goods which does
not give a person against whom the judgment is given or
order made the alternative of paying the assessed value of
the goods may be enforced by one or more of the following
means, that is to say —

(a) writ of delivery to recover the goods without
alternative provisions for recovery of the
assessed value thereof (hereafter in this rule
referred to as a “writ of specific delivery”);

(b) in a case in which rule 5 applies, an order of
committal;

(c) in such a case, writ of sequestration.
(2) Subject to the provisions of these Rules, a

judgment or order for the delivery of any goods or payment
of their assessed value may be enforced by one or more of
the following means, that is to say —

(a) writ of delivery to recover the goods or their
assessed value;

(b) with the leave of the Court, writ of specific
delivery;

(c) in a case in which rule 5 applies, writ of
sequestration.

(3) A writ of specific delivery, and a writ of
delivery to recover any goods or their assessed value, may
include provision for enforcing the payment of any money
adjudged or ordered to be paid by the judgment or order
which is to be enforced by the writ.

(4) A judgment or order for the payment of the
assessed value of any goods may be enforced by the same
means as any other judgment or order for the payment of
money.

5. (1) Where —

Enforcement of
judgment for
delivery of goods
(O. 45, r. 4).

Enforcement of
judgment to do
or abstain from
doing any act (O.
45, r. 5).

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(a) a person required by a judgment or order to do
an act within a time specified in the judgment or
order refuses or neglects to do it within that
time, or, as the case may be, within that time as
extended or abridged under Order 3, rule 4; or

(b) a person disobeys a judgment or order requiring
him to abstain from doing an act;

then, subject to the provisions of these Rules, the judgment
or order may be enforced by one or more of the following
means, that is to say —

(i) with the leave of the Court, a writ of sequestra-
tion against the property of that person;

(ii) where that person is a body corporate, with the
leave of the Court, a writ of sequestration
against the property of any director or other
officer of the body;

(iii) subject to the provisions of the Debtors Act an
order of committal against that person or, where
that person is a body corporate, against any such
officer.

(2) Where a judgment or order requires a person to
do an act within a time therein specified and an order is
subsequently made under rule 6 requiring the act to be
done within some other time, references in paragraph (1) of
this rule to a judgment or order shall be construed as
references to that order made under rule 6.

(3) Where under any judgment or order requiring
the delivery of any goods the person liable to execution has
the alternative of paying the assessed value of the goods,
the judgment or order shall not be enforceable by order of
committal under paragraph (1), but the Court may, on the
application of the person entitled to enforce the judgment
or order, make an order requiring the first mentioned
person to deliver the goods to the applicant within a time
specified in that order, and that order may be so enforced.

6. (1) Notwithstanding that a judgment or order
requiring a person to do an act specifies a time within
which the act is to be done, the Court, shall, without
prejudice to Order 3, rule 4, have power to make an order
requiring the act to be done within another time, being such
time after service of that order, or such other time, as
may be specified therein.

Judgment, etc.,
requiring act to
be done: order
fixing time for
doing it (O. 45, r.
6).

CH.53 – 194] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Where, notwithstanding Order 42, rule 2(1), or
by reason of Order 42, rule 2(2), a judgment or order
requiring a person to do an act does not specify a time
within which the act is to be done, the Court shall have
power subsequently to make an order requiring the act to
be done within such time after service of that order, or such
other time, as may be specified therein.

(3) An application for an order under this rule must
be made by summons and the summons must,
notwithstanding anything in Order 61, rule 9, be served on
the person required to do the act in question.

7. (1) In this rule references to an order shall be
construed as including references to a judgment.

(2) Subject to Order 24, rule 16(3), Order 26, rule
6(3), and paragraphs (6) and (7) of this rule, an order shall
not be enforced under rule 5 unless —

(a) a copy of the order has been served personally
on the person required to do or abstain from
doing the act in question; and

(b) in the case or an order requiring a person to do
an act, the copy has been so served before the
expiration of the time within which he was
required to do the act.

(3) Subject as aforesaid, an order requiring a body
corporate to do or abstain from doing an act shall not be
enforced as mentioned in rule 5(1)(ii) or (iii) unless —

(a) a copy of the order has also been served
personally on the officer against whose property
leave is sought to issue a writ of sequestration or
against whom an order of committal is sought;
and

(b) in the case of an order requiring the body
corporate to do an act, a copy has been so served
before the expiration of the time within which
the body was required to do the act.

(4) There must be indorsed on the copy of an order
served under this rule a notice informing the person on
whom the copy is served —

Service of copy
of judgment, etc.,
prerequisite to
enforcement
under r. 5 (O. 45,
r. 7).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(a) in the case or service under paragraph (2), that if
he neglects to obey the order within the time
specified therein, or, if the order is to abstain
from doing an act, that if he disobeys the Order,
he is liable to process of execution to compel
him to obey it; and

(b) in the case of service under paragraph (3), that if
the body corporate neglects to obey the order
within the time so specified or, if the order is to
abstain from doing an act, that if the body
corporate disobeys the order, he is liable to
process of execution to compel the body to obey
it.

(5) With the copy of an order required to be served
under this rule, being an order requiring a person to do an
act, there must also be served a copy of any order made
under Order 3, rule 4, extending or abridging the time for
doing the act and, where the first-mentioned order was
made under rule 5(3) or 6 of this Order, a copy of the
previous order requiring the act to be done.

(6) An order requiring a person to abstain from
doing an act may be enforced under rule 5 notwithstanding
that service of a copy of the order has not been effected in
accordance with this rule if the Court is satisfied that,
pending such service, the person against whom or against
whose property it is sought to enforce the order has had
notice thereof either —

(a) by being present when the order was made; or
(b) by being notified of the terms of the order,

whether by telephone, telegram or otherwise.
(7) Without prejudice to its powers under Order 61,

rule 4, the Court may dispense with service of a copy of an
order under this rule if it thinks it just to do so.

8. If an order of mandamus, a mandatory order, an
injunction or a judgment or order for the specific performance
of a contract is not complied with, then, without prejudice to
any other power it may have including its powers to punish the
disobedient party for contempt, the Court may direct that the
act required to be done may, so far as practicable, be done by
the party by whom the order or judgment was obtained or
some other person appointed by the Court, at the cost of the
disobedient party, and upon the act being done the


Court may order
act to be done at
expense of
disobedient party
(O. 45, r. 8).

CH.53 – 196] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

expenses incurred may be ascertained in such manner as
the Court may direct and execution may issue against the
disobedient party for the amount so ascertained and for
costs.

9. (1) Any person, not being a party to a cause or
matter, who obtains any order or in whose favour any order
is made, shall be entitled to enforce obedience to the order
by the same process as if he were a party.

(2) Any person, not being a party to a cause or
matter, against whom obedience to any judgment or order
may be enforced, shall be liable to the same process for
enforcing obedience to the judgment or order as if he were
a party.

10. A party entitled under any judgment or order to
any relief subject to the fulfilment of any condition who
fails to fulfil that condition is deemed to have abandoned
the benefit of the judgment or order, and, unless the Court
otherwise directs, any other person interested may take any
proceedings which either are warranted by the judgment or
order or might have been taken if the judgment or order
had not been given or made.

11. Without prejudice to Order 47, rule 1, a party
against whom a judgment has been given or an order made
may apply to the Court for a stay of execution of the
judgment or order or other relief on the ground of matters
which have occurred since the date of the judgment or
order, and the Court may by order grant such relief, and on
such terms, as it thinks just.

12. (1) A writ of fieri facias must be in such of the
Forms Nos. 53 to 63 in Appendix A as is appropriate in the
particular case.

(2) A writ of delivery must be in Form No. 64 or 65
in Appendix A, whichever is appropriate.

(3) A writ of possession must be in Form No. 66 or
66A in Appendix A, whichever is appropriate.

(4) A writ of sequestration must be in Form No. 67
in Appendix A.

13. (1) Rule 1 (1) of this Order, with the omission of
subparagraphs (e) and (f) thereof, and Order 46 to 51 shall
apply in relation to a judgment or order for the recovery of
money as they apply in relation to a judgment or order for
the payment of money.

Execution by or
against person
not being a party
(O. 45, r. 9).

Conditional
judgment: waiver
(O. 45, r. 10).

Matters
occurring after
judgment: stay of
execution, etc.
(O. 45, r. 11).

Forms of writs
(O. 45, r. 12).

Enforcement of
judgments and
orders for
recovery of
money, etc. (O.
45, r. 13).

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(2) Rule 3 of this Order, with the omission of
paragraph (1)(b) and (c) thereof, and Order 47, rule 2(2),
shall apply in relation to a judgment or order for the
recovery of possession of land as they apply in relation to a
judgment or order for the giving or delivery of possession
of land.

(3) Rule 4 of this Order, with the omission of
paragraphs 1(b) and (c) and 2(2)(c) thereof, and Order 47, rule
2(2), shall apply in relation to a judgment or order that a person
do have a return of any goods and to a judgment or order that a
person do have a return of any goods or do recover the
assessed value thereof as they apply in relation to a judgment
or order for the delivery of any goods and a judgment or order
for the delivery of any goods or payment of the assessed value
thereof respectively.

ORDER 46
WRITS OF EXECUTION: GENERAL

(R.S.C. 1978)

1. In this Order, unless the context otherwise
requires, “writ of execution” includes a writ of fieri facias, a
writ of possession, a writ of delivery, a writ of sequestration
and any further writ in aid of any of the aforementioned writs.

2. (1) A writ of execution to enforce a judgment or
order may not issue without the leave of the Court in the
following cases, that is to say —

(a) where six years or more have elapsed since the
date of the judgment or order;

(b) where any change has taken place, whether by
death or otherwise, in the parties entitled or
liable to execution under the judgment or order;

(c) where the judgment or order is against the assets
of a deceased person coming to the hands of his
executors or administrators after the date of the
judgment or order, and it is sought to issue
execution against such assets;

(d) where under the judgment or order any person is
entitled to relief subject to the fulfilment of any
condition which it is alleged has been fulfilled;

Definition (O. 46,
r. 1).

When leave to
issue any writ of
execution is
necessary (O. 46,
r. 2).

CH.53 – 198] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(e) where any goods sought to be seized under a
writ of execution are in the hands of a receiver
appointed by the Court or a sequestrator.

(2) Paragraph (1) is without prejudice to any
enactment or rule by virtue of which a person is required to
obtain the leave of the Court for the issue of a writ of
execution or to proceed to execution on or otherwise to the
enforcement of a judgment or order.

(3) Where the Court grants leave, whether under
this rule or otherwise, for the issue of a writ of execution
and the writ is not issued within one year after the date of
the order granting such leave, the order shall cease to have
effect, without prejudice, however, to the making of a fresh
order.

3. A writ of execution in aid of any other writ of
execution shall not issue without the leave of the Court.

4. (1) An application for leave to issue a writ of
execution may be made ex parte unless the Court directs it
to be made by summons.

(2) Such an application must be supported by an
affidavit —

(a) identifying the judgment or order to which the
application relates and, if the judgment or order
is for the payment of money, stating the amount
originally due thereunder and the amount due
thereunder at the date of the application;

(b) stating, where the case falls within rule 2(1)(a),
the reasons for the delay in enforcing the
judgment order;

(c) stating, where the case falls within rule 2(1)(b),
the change which has taken place in the parties
entitled or liable to execution since the date of
the judgment or order;

(d) stating, where the case falls within rule 2(1)(c)
or (d), that a demand to satisfy the judgment or
order was made on the person liable to satisfy it
and that he has refused or failed to do so;

(e) giving such other information as is necessary to
satisfy the Court that the applicant is entitled to
proceed to execution on the judgment or order in
question and that the person against whom it is
sought to issue execution is liable to execution on
it.

Leave required
for issue of writ
in aid of other
writ (O. 46, r. 2).
Application for
leave to issue writ
(O. 46, r. 4).

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(3) The Court hearing such application may grant
leave in accordance with the application or may order that
any issue or question, a decision on which is necessary to
determine the rights of the parties, be tried in any manner
in which any question of fact or law arising in an action
may be tried and, in either case, may impose such terms as
to costs or otherwise as it thinks just.

5. (1) Notwithstanding anything in rules 2 and 4,
an application for leave to issue a writ of sequestration
must be made to a judge by motion.

(2) Subject to paragraph (3), the notice of motion,
stating the grounds of the application and accompanied by
a copy of the affidavit in support of the application, must
be served personally on the person against whose property
it is sought to issue the writ.

(3) Without prejudice to its powers under Order 61,
rule 4, the Court may dispense with service of the notice of
motion under this rule if it thinks it just to do so.

(4) The judge hearing an application for leave to
issue a writ of sequestration may sit in private in any case
in which, if the application were for an order of committal,
he would be entitled to do so by virtue of Order 52, rule 4,
but, except in such a case, the application shall be heard in
open court.

6. (1) Issue of a writ of execution takes place on its
being sealed by an officer of the Registry.

(2) Before such a writ is issued a praecipe for its
issue must be filed.

(3) The praecipe must be signed by or on behalf of
the attorney of the person entitled to execution or, if that
person is acting in person, by him.

(4) No such writ shall be sealed unless at the time of
the tender thereof for sealing —

(a) the person tendering it produces —
(i) the judgment or order on which the writ is

to issue, or an office copy thereof;
(ii) where the writ may not issue without the

leave of the Court, the order granting such
leave or evidence of the granting of it;

Application for
leave to issue writ
of sequestration
(O. 46, r. 5).

Issue of writ of
execution (O. 46,
r. 6).

CH.53 – 200] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(iii) where rule 7(2) applies, the Central Bank of
the Bahamas permission therein referred to;
and

(b) the officer authorised to seal it is satisfied that
the period, if any, specified in the judgment or
order for the payment of any money or the doing
of any other act thereunder has expired.

(5) Every writ of execution shall bear the date of the
day on which it is issued.

7. (1) Where any party entitled to enforce a
judgment or order for the payment of money is resident
outside the scheduled territories, then, unless the Central
Bank of The Bahamas has given permission under the
Exchange Control Act and Regulations for payment of the
money to him unconditionally or on conditions which have
been compiled with, any writ of execution to enforce that
judgment or order must direct the bailiff to pay the
proceeds of execution into court. Notice of a payment into
court in compliance with such a direction must be given by
the bailiff to the party by whom the writ of execution was
issued or to his attorney or agent.

(2) Where the Central Bank of The Bahamas has
given such permission unconditionally or on conditions
which have been complied with, the praecipe for the issue
of a writ of execution to enforce the judgment or order in
question must be indorsed with a certificate of that fact.

8. (1) For the purpose of execution, a writ of
execution is valid in the first instance for 12 months
beginning with the date of its issue.

(2) Where a writ has not been wholly executed, the
Court may by order extend the validity of the writ from
time to time for a period of 12 months at any time
beginning with the day on which the order is made, if an
application for extension is made to the Court before the
day next following that on which the writ would otherwise
expire.

(3) Before a writ the validity of which has been
extended under this rule is executed either the writ must be
sealed with the seal of the Supreme Court showing the date
on which the order extending its validity was made or the
applicant for the order must serve a notice (in Form No. 71
in Appendix A), sealed as aforesaid, on the bailiff to whom
the writ is directed informing him of the making of the
order and the date thereof.

Writ and praecipe
where Exchange
Control Act (Ch.
360), and
Regulations
apply (O. 46,
r. 7).

Duration and
renewal of writ of
execution (O. 46,
r. 8).

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(4) The priority of a writ, the validity of which has
been extended under this rule, shall be determined by
reference to the date on which it was originally delivered to
the bailiff.

(5) The production of a writ of execution, or of such
a notice as is mentioned in paragraph (3), purporting in
either case to be sealed as mentioned in that paragraph,
shall be evidence that the validity of that writ or, as the
case may be, of the writ, referred to in that notice, has been
extended under this rule.

9. (1) Any party at whose instance a writ of
execution was issued may serve a notice on the bailiff to
whom the writ was directed requiring him, within such
time as may be specified in the notice, to indorse on the
writ a statement of the manner in which he has executed it
and to send to that party a copy of the statement.

(2) If a bailiff on whom such a notice is served fails
to comply with it, the party by whom it was served may
apply to the Court for an order directing the bailiff to
comply with the notice.

ORDER 47
WRITS OF FIERI FACIAS

(R.S.C. 1978)

1. (1) Where a judgment is given or an order made
for the payment by any person of money, and the Court is
satisfied, on an application made at the time of the
judgment or order, or at any time thereafter, by the
judgment debtor or other party liable to execution —

(a) that there are special circumstances which
render it inexpedient to enforce the judgment or
order; or

(b) that the applicant is unable from any cause to
pay the money,

then, notwithstanding anything in rule 2 or 3, the Court
may by order stay the execution of the judgment or order
by writ of fieri facias either absolutely or for such period
and subject to such conditions as the Court thinks fit.

Return to writ of
execution (O. 46,
r. 9).

Power to stay
execution by writ
of fieri facias (O.
47, r. 1).

CH.53 – 202] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) An application under this rule, if not made at the
time the judgment is given or order made, must be made by
summons and may be so made notwithstanding that the
party liable to execution did not enter an appearance in the
action.

(3) An application made by summons must be
supported by an affidavit made by or on behalf of the
applicant stating the grounds of the application and the
evidence necessary to substantiate them and, in particular,
where such application is made on the grounds of the
applicant’s inability to pay, disclosing his income, the
nature and value of any property of his and the amount of
any other liabilities of his.

(4) The summons and a copy of the supporting
affidavit must, not less than 4 clear days before the return
day, be served on the party entitled to enforce the judgment
or order.

(5) An order staying execution under this rule may
be varied or revoked by a subsequent order.

2. (1) Where only the payment of money, together
with costs to be taxed, is adjudged or ordered, then, if
when the money becomes payable under the judgment or
order the costs have not been taxed, the party entitled to
enforce that judgment or order may issue a writ of fieri
facias to enforce payment of the sum (other than for costs)
adjudged or ordered and, not less than 8 days after the
issue of that writ, he may issue a second writ to enforce
payment of the taxed costs.

(2) A party entitled to enforce a judgment or order
for the delivery of possession of any property (other than
money) may, if he so elects, issue a separate writ of fieri
facias to enforce payment of any damages or costs awarded
to him by that judgment or order.

3. Where a judgment or order is for less than $300
and does not entitle the plaintiff to costs against the person
against whom the writ of fieri facias to enforce the
judgment or order is issued, the writ may not authorise the
bailiff to whom it is directed to levy any fees, poundage or
other costs of execution.

4. (1) An order of the Court under the Bankruptcy
Act that a sale under an execution may be made otherwise
than by public auction may be made on the application of


Separate writs to
enforce payment
of costs, etc. (O.
47, r. 2).

No expenses of
execution in
certain cases (O.
47, r. 3).

Order for sale
otherwise than
by auction (O.
47, r. 4).

SUPREME COURT [CH.53 – 203



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the person at whose instance the writ of execution under
which the sale is to be made was issued or the person
against whom that writ was issued (in this rule referred to
as “the judgment debtor”) or the bailiff to whom it was
issued.

(2) Such an application must be made by summons
and the summons must contain a short statement of the
grounds of the application.

(3) Where the applicant for an order under this rule
is not the bailiff, the bailiff must, on the demand of the
applicant send to the applicant a list containing the name
and address of every person at whose instance any other
writ of execution against the goods of the judgment debtor
was issued and delivered to the bailiff (in this rule referred
to as “the bailiff’s list”); and where the bailiff is an
applicant, he must prepare such a list.

(4) Not less than 4 clear days before the return day
the applicant must serve the summons on each of the other
persons by whom the applicant might have been made and
on every person named in the bailiff’s list.

(5) The applicant must produce the bailiff’s list to
the Court on the hearing of the application.

(6) Every person on whom the summons was served
may attend and be heard on the hearing of the application.

ORDER 48
EXAMINATION OF JUDGMENT DEBTOR, ETC.

(R.S.C. 1978)

1. (1) Where a person has obtained a judgment or
order for the payment by some other person (hereinafter
referred to as “the judgment debtor”) of money, the Court
may, on an application made ex parte by the person
entitled to enforce the judgment or order, order the
judgment debtor or, if the judgment debtor is a body
corporate, an officer thereof, to attend before the Registrar
and be orally examined on the questions —

(a) whether any and, if so, what debts are owing to
the judgment debtor; and

(b) whether the judgment debtor has any and, if so,
what other property or means of satisfying the
judgment order,

Order for
examination of
judgment debtor
(O. 48, r. 1).

CH.53 – 204] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

and the Court may also order the judgment debtor or
officer to produce any books or documents in the
possession of the judgment debtor relevant to the questions
aforesaid at the time and place appointed for the
examination.

(2) An order under this rule must be served
personally on the judgment debtor and on any officer of a
body corporate ordered to attend for examination.

2. Where any difficulty arises in or in connection
with the enforcement of any judgment or order, other than
such a judgment or order as is mentioned in rule 1, the
Court may make an order under that rule for the attendance
of the party liable to satisfy the judgment or order and for
his examination on such questions as may be specified in
the order, and that rule shall apply accordingly with the
necessary modifications.

3. The Registrar shall take down, or cause to be
taken down, in writing the statement made by the judgment
debtor or other person at the examination, read it to him
and ask him to sign it, and if he refuses the Registrar shall
sign the statement.

ORDER 49
GARNISHEE PROCEEDINGS

(R.S.C. 1978)

1. (1) Where a person (in this Order referred to as
“the judgment creditor”) has obtained a judgment or order
for the payment by some other person (in this Order
referred to as “the judgment debtor”) of money, not being a
judgment or order for the payment of money into court,
and any other person within the jurisdiction (in this Order
referred to as “the garnishee”) is indebted to the judgment
debtor, the Court may, subject to the provisions of this
Order and of any enactment, order the garnishee to pay the
judgment creditor the amount of any debt due or accruing
due to the judgment debtor from the garnishee, or so much
thereof as is sufficient to satisfy that judgment or order and
the costs of the garnishee proceedings.

Examination of
party liable to
satisfy other
judgment (O. 48,
r. 2).

The Registrar to
make record of
debtor’s
statement (O. 48,
r. 3).

Attachment of
debt due to
judgment debtor
(O. 49, r. 1).

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(2) An order under this rule shall in the first
instance be an order to show cause, specifying the time and
place for further consideration of the matter, and in the
meantime attaching such debt as is mentioned in paragraph
(1), or so much thereof as may be specified in the order, to
answer the judgment or order mentioned in that paragraph
and the costs of the garnishee proceedings.

2. An application for an order under rule 1 must be
made ex parte supported by an affidavit —

(a) identifying the judgment or order to be enforced
and stating the amount remaining unpaid under
it at the time of the application; and

(b) stating that to the best of the information or
belief of the deponent the garnishee (naming
him) is within the jurisdiction and is indebted to
the judgment debtor and stating the sources of
the deponent’s information or the grounds for
his belief.

3. (1) An order under rule 1 to show cause must, at
least 7 days before the time appointed thereby for the
further consideration of the matter, be served —

(a) on the garnishee personally; and
(b) unless the Court otherwise directs, on the

judgment debtor.
(2) Such an order shall bind in the hands of the

garnishee as from the service of the order on him any debt
specified in the order or so much thereof as may be so
specified.

4. (1) Where on the further consideration of the
matter the garnishee does not attend or does not dispute the
debt due or claimed to be due from him to the judgment
debtor, the Court may, subject to rule 7, make an order
absolute under rule 1 against the garnishee.

(2) An order absolute under rule 1 against the
garnishee may be enforced in the same manner as any
other order for the payment of money.

5. Where on the further consideration of the matter
the garnishee disputes liability to pay the debt due or
claimed to be due from him to the judgment debtor, the
Court may summarily determine the question at issue or


Application for
order (O. 49,
r. 2).

Service and effect
of order to show
cause (O. 49,
r. 3).

No appearance
or dispute of
liability by
garnishee (O. 49,
r. 4).

Dispute of
liability by
garnishee (O. 49,
r. 5).

CH.53 – 206] SUPREME COURT





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order that any question necessary for determining the
liability of the garnishee be tried in any manner in which
any question or issue in an action may be tried.

6. (1) If in garnishee proceedings it is brought to
the notice of the Court that some other person than the
judgment debtor is or claims to be entitled to the debt
sought to be attached or has or claims to have a charge or
lien upon it, the Court may order that person to attend
before the Court and state the nature of his claim with
particulars thereof.

(2) After hearing any person who attends before the
Court in compliance with an order under paragraph (1), the
Court may summarily determine the questions at issue
between the claimants or make such other order as it thinks
just, including an order that any question or issue necessary
for determining the validity of the claim of such other
person as is mentioned in paragraph (1) be tried in such
manner as is mentioned in rule 5.

7. (1) The Court shall not make an order under rule
1 requiring the garnishee to pay any sum to or for the credit
of any judgment creditor resident outside the scheduled
territories unless that creditor produces a certificate that the
Central Bank of The Bahamas has given permission under
the Exchange Control Regulations Act, for the payment
unconditionally or on conditions which have been
complied with.

(2) If it appears to the Court that payment by the
garnishee to the judgment creditor will contravene any
provision of the said Act or Regulations, it may order the
garnishee to pay into court the amount due to the judgment
creditor and the costs of the garnishee proceedings after
deduction of his own costs, if the Court so orders.

8. Any payment made by a garnishee in compliance
with an order absolute under this Order, and any execution
levied against him in pursuance of such an order, shall be a
valid discharge of his liability to the judgment debtor to the
extent of the amount paid or levied notwithstanding that the
garnishee proceedings are subsequently set aside or the
judgment or order form which they arose reversed.

Claims of third
persons (O. 49,
r. 6).

Judgment
creditor resident
outside scheduled
territories (O. 49,
r. 7).

Discharge of
garnishee (O. 49,
r. 8).

SUPREME COURT [CH.53 – 207



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

9. (1) Where money is standing to the credit of the
judgment debtor in court, the judgment creditor shall not
be entitled to take garnishee proceedings in respect of that
money but may apply to the Court by summons for an
order that the money or so much thereof as is sufficient to
satisfy the judgment or order sought to be enforced and the
costs of the application be paid to the judgment creditor.

(2) Unless the Court otherwise directs, the summons
must be served on the judgment debtor at least 7 days
before the day named therein for the hearing of it.

(3) Subject to Order 67, rule 24, the Court hearing
an application under this rule may make such order with
respect to the money in court as it thinks just.

10. The costs of any application for an order under
rule 1 or 9, and of any proceedings arising therefrom or
incidental thereto, shall, unless the Court otherwise directs,
be retained by the judgment creditor out of the money
recovered by him under the order and in priority to the
judgment debt.

ORDER 50
CHARGING ORDERS, STOP ORDERS, ETC.

(R.S.C. 1978)

1. (1) The Court may for the purpose of enforcing
a judgment or order for the payment of an ascertained sum
of money to a person by order impose on any interest to
which the judgment debtor is beneficially entitled in such
of the securities to which this rule applies as may be
specified in the order a charge for securing payment of the
amount due under the judgment or order and interest
thereon.

(2) Any such order shall in the first instance be an
order to show cause, specifying the time and place for
further consideration of the matter and imposing the charge
until that time in any event.

(3) The securities to which this rule applies are —
(a) any government stock, and any stock of any

company registered under any general Act of
Parliament; and

(b) any dividend of or interest payable on such
stock.

Money in court
(O. 49, r. 9).

Costs (O. 49, r.
10).

Order imposing
charge on
securities (O. 50,
r. 1).

CH.53 – 208] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(4) In this Order “government stock” means any
stock issued by the government of the Commonwealth of
The Bahamas or any funds of or annuity granted by that
government, and “stock” includes shares, debentures and
debenture stock.

2. An application for an order under rule 1 must be
made ex parte supported by an affidavit —

(a) identifying the judgment or order to be enforced,
stating the amount unpaid under it at the date of
the application, and showing that the applicant is
entitled to enforce the judgment order;

(b) specifying the securities on the judgment
debtor’s interest in which it is sought to impose
a charge and in whose name they stand;

(c) stating that to the best of the information or belief
of the deponent the judgment debtor is
beneficially entitled to an interest in the securities
in question, describing that interest, and stating
the sources of the deponent’s information or the
grounds for his belief.

3. (1) Unless the Court otherwise directs, a copy of
the order under rule 1 to show cause must, at least 7 days
before the time appointed thereby for the further
consideration of the matter, be served on the judgment
debtor, and if he does not attend on such consideration
proof of service must be given.

(2) Notice of the making of the order to show cause,
with a copy of that order, must as soon as practicable after
the making of the order be served —

(a) where the order relates to government stock, on
the Public Treasury;

(b) where the order relates to other stock, on the
company concerned.

4. (1) No disposition by the judgment debtor of his
interest in any securities to which an order under rule 1 to
show cause relates made after the making of that order
shall, so long as that order remains in force, be valid as
against the judgment creditor.

(2) Until such order is discharged or made absolute
the Public Treasurer or, as the case may be, a company


Application for
order under r. 1
(O. 50, r. 2).

Service of notice
of order to show
cause (O. 50,
r. 3).

Effect of order to
show cause (O.
50, r. 4).

SUPREME COURT [CH.53 – 209



––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

shall not permit any transfer of any such stock as is
specified in the order, or pay to any person any dividend
thereof, or interest payable thereon, except with the
authority of the Court.

(3) If after notice of the making of such order is
served on the Public Treasury or a company, the Public
Treasury or company permits any transfer or makes any
payment prohibited by paragraph (2), it shall be liable to
pay the judgment creditor the value of the stock transferred
or, as the case may be, the amount of the payment made or,
if that value or amount is more than sufficient to satisfy the
judgment or order to which such order relates, so much
thereof as is sufficient to satisfy it.

5. (1) On the further consideration of the matter the
Court shall, unless it appears that there is sufficient cause
to the contrary, make the order absolute with or without
modifications.

(2) Where on the further consideration of the matter
it appears to the Court that the order should not be made
absolute it shall discharge the order.

(3) A charge imposed by an order under rule 1 made
absolute under this rule shall have the same effect, and the
judgment creditor in whose favour it is made shall, subject
to paragraph (4), have the same remedies for enforcing it,
as if it were a valid charge effectively made by the
judgment debtor.

(4) No proceedings to enforce a charge imposed by
an order made absolute under this rule shall be taken until
after the expiration of 6 months from the date of the order
to show cause.

6. The Court, on the application of the judgment
debtor or any other person interested in the securities to
which an order under rule 1 relates, may at any time,
whether before or after the order is made absolute,
discharge or vary the order on such terms (if any) as to
costs as it thinks just.

7. (1) The Court may for the purpose of enforcing
a judgment or order for the payment of an ascertained sum
of money to a person by order impose on any interest to
which the judgment debtor is beneficially entitled to any
money in court identified in the order a charge for securing
payment of the amount due under the judgment or order
and interest thereon.

Making and
effect of charging
order absolute
(O. 50, r. 5).

Discharge, etc.,
of charging order
(O. 50, r. 6).

Money in court:
charging order
(O. 50, r. 7).

CH.53 – 210] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Any such order shall in the first instance be an
order to show cause, specifying the time and place for the
further consideration of the matter and imposing the charge
until that time in any event.

(3) Rules 2 and 3(1) shall, with the necessary
modifications, apply in relation to an application for an
order under this rule and to the order as they apply in
relation to an application for an order under rule 1 and to
such order.

(4) Rules 4(1), 5(1) and (2) and 6 shall, with the
necessary modifications, apply in relation to an order under
this rule as they apply in relation to an order under rule 1.

8. The Registrar shall have power to grant an
injunction if, and only so far as, it is ancillary or incidental
to an order under rule 1 or 7, and an application for the
appointment of a receiver or an injunction under this rule
may be joined with the application for the order under rule
1 or 7 to which it relates.

9. (1) The Court, on the application of any person —
(a) who has a mortgage or charge on the interest of

any person in funds in court; or
(b) to whom that interest has been assigned; or
(c) who is a judgment creditor of the person entitled

to that interest,
may make an order prohibiting the transfer, sale, delivery
out, payment or other dealing with such funds, or any part
thereof, or the income thereon, without notice to the
applicant.

(2) An application for an order under this rule must
be made by summons in the cause or matter relating to the
funds in court, or, if there is no such cause or matter, by
originating summons.

(3) The summons must be served on every person
whose interest may be affected by the order applied for but
shall not be served on any other person.

(4) Without prejudice to the Court’s powers and
discretion as to costs, the Court may order the applicant for
an order under this rule to pay the costs of any party to the
cause or matter relating to the funds in question, or of any
person interested in those funds, occasioned by the
application.

Jurisdiction of
Registrar to
grant injunction
or appoint
receiver to
enforce charge
(O. 50, r. 8).

Funds in court:
stop order (O. 50,
r. 9).

SUPREME COURT [CH.53 – 211



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10. (1) Any person claiming to be beneficially
entitled to an interest in any securities to which rule 1
applies, other than securities in court, who wishes to be
notified of any proposed transfer or payment of those
securities may avail himself of the provisions of this rule.

(2) A person claiming to be so entitled must file in
the Registry —

(a) an affidavit identifying the securities in question
and describing his interest therein by reference
to the document under which it arises; and

(b) a notice in Form No. 80 in Appendix A, signed
by the deponent to the affidavit, and annexed to
it, addressed to the Public Treasury or, as the
case may be, the company concerned,

and must serve an office copy of the affidavit, and a copy
of the notice sealed with the seal of the Supreme Court on
the Public Treasury or that company.

(3) There must be indorsed on the affidavit filed
under this rule a note stating the address to which any such
notice as is referred to in rule 11(1) is to be sent and, subject
to paragraph (4), that address shall for the purpose of that
rule be the address for service of the person on whose behalf
the affidavit is filed.

(4) A person on whose behalf an affidavit under this
rule is filed may change his address for service for the
purpose of rule 11 by serving on the Public Treasury, or, as
the case may be, the company concerned, a notice to that
effect, and as from the date of service of such a notice the
address stated therein shall for the purpose of that rule be
the address for service of that person.

11. (1) Where a notice under rule 10 has been
served on the Public Treasury or a company, then, so long
as the notice is in force, the Public Treasury or company
shall not register a transfer of any stock or make a payment
of any dividend or interest, being a transfer or payment
restrained by the notice, without serving on the person on
whose behalf the notice was filed at his address for service
a notice informing him of the request for such transfer or
payment.

(2) Where the Public Treasury or a company receive
a request for such a transfer or payment as is mentioned in


Securities not in
court: stop notice
(O. 50, r. 10).

Effect of stop
notice (O. 50, r.
11).

CH.53 – 212] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

paragraph (1) made by or on behalf of the holder of the
securities to which the notice under rule 10 relates, the
Public Treasury or company shall not by reason only of
that notice refuse to register the transfer or make the
payment for longer than 8 days after receipt of the request
except under the authority of an order of the Court.

12. If any securities are incorrectly described in a
notice filed under rule 10 the person on whose behalf the
notice was filed may file in the office or registry in which
the notice was filed an amended notice and serve on the
Public Treasury or, as the case may be, the company
concerned a copy of that notice sealed with the seal of that
office or registry, and where he does so the notice under
rule 10 shall be deemed to have been served on the Public
Treasury or company on the day on which the copy of the
amended notice was served on it.

13. (1) The person on whose behalf a notice under
rule 10 was filed may withdraw it by serving a request for
its withdrawal on the Public Treasury or, as the case may
be, the company on whom the notice was served.

(2) Such request must be signed by the person on
whose behalf the notice was filed and his signature must be
witnessed by a practising attorney.

(3) The Court, on the application of any person
claiming to be beneficially entitled to an interest in the
securities to which a notice under rule 10 relates, may by
order discharge the notice.

(4) An application for an order under paragraph (3)
must be made to the Court by originating summons, and
the summons must be served on the person on whose
behalf the notice under rule 10 was filed. No appearance
need be entered to the summons.

14. (1) The Court, on the application of any person
claiming to be beneficially entitled to an interest in any
government stock or any stock of any company registered
under any general Act of Parliament may by order prohibit
the Public Treasury or, as the case may be, that company
from registering any transfer of such part of that stock as
may be specified in the order or from paying any dividend
thereof or interest thereon. The name of the holder of the
stock to which the order relates shall be stated in the order.

Amendment of
stop notice (O.
50, r. 12).

Withdrawal, etc.
of stop notice (O.
50, r. 13).

Order
prohibiting
transfer, etc., of
securities (O. 50,
r. 14).

SUPREME COURT [CH.53 – 213



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(2) An application for an order under this rule must
be made by motion or summons to the Court. No
appearance need be entered to an originating summons
under this rule.

(3) The Court, on the application of any person
claiming to be entitled to an interest in any stock to which
an order under this rule relates, may vary or discharge the
order on such terms (if any) as to costs as it thinks fit.

ORDER 51
RECEIVERS: EQUITABLE EXECUTION

(R.S.C. 1978)

1. (1) Where an application is made for the
appointment of a receiver by way of equitable execution,
the Court in determining whether it is just or convenient
that the appointment should be made shall have regard to
the amount claimed by the judgment creditor, to the
amount likely to be obtained by the receiver and to the
probable costs of his appointment and may direct an
inquiry on any of these matters or any other matter before
making the appointment.

(2) Where on an application for the appointment of
a receiver by way of equitable execution it appears to the
Court that the judgment creditor is resident outside the
scheduled territories, or is acting by order or on behalf of a
person so resident, then, unless the permission of the
Central Bank of The Bahamas required by the Exchange
Control Regulations has been given unconditionally or on
conditions that have been complied with, any order for the
appointment of a receiver shall direct that the receiver shall
pay into court to the credit of the cause or matter in which
he is appointed any balance due from him after deduction
of his proper remuneration.

2. An application for the appointment of a receiver
by way of equitable execution may be made in accordance
with Order 30, rule 1 and rules 2 to 6 of that Order shall
apply in relation to a receiver appointed by way of
equitable execution as they apply in relation to a receiver
appointed for any other purpose.

Appointment of
receiver by way
of equitable
execution (O. 51,
r. 1).

Application of
rules as to
appointment of
receiver, etc. (O.
51, r. 2).

CH.53 – 214] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

ORDER 52
COMMITTAL
(R.S.C. 1978)

1. (1) The power of the Supreme Court to punish
for contempt of court may be exercised by an order of
committal.

(2) Where contempt of court —
(a) is committed in connection with —

(i) any proceedings before the Supreme
Court; or

(ii) criminal proceedings, except where the
contempt is committed in the face of the
court or consists of disobedience to an
order of the court or a breach of an
undertaking to the court; or

(b) is committed otherwise than in connection with
any proceedings,

then, subject to paragraph (4), an order of committal may
be made by the Supreme Court.

(3) Where contempt of court is committed in
connection with any proceedings in the Supreme Court,
then, subject to paragraph (2), an order of committal may
be made by a single judge of the Supreme Court.

(4) Where by virtue of any enactment the Supreme
Court has power to punish or take steps for the punishment
of any person charged with having done any thing in
relation to a court, tribunal or person which would, if it had
been done in relation to the Supreme Court, have been a
contempt of that Court, an order of committal may be made
by a single judge of the Court.

2. (1) No application to the Supreme Court for an
order of committal against any person may be made unless
leave to make such an application has been granted in
accordance with this rule.

(2) An application for such leave must be made ex
parte to the Supreme Court, and must be supported by a
statement setting out the name and description of the
applicant, the name, description and address of the person


Committal for
contempt of
court (O. 52,
r. 1).

Application to
Supreme Court
(O. 52, r. 2).

SUPREME COURT [CH.53 – 215



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

sought to be committed and the grounds on which his
committal is sought, and by an affidavit, to be filed before
the application is made, verifying the facts relied on.

3. (1) When leave has been granted under rule 2 to
apply for an order of committal, the application for the
order must be made by motion to the Supreme Court and,
unless the Court or judge granting leave has otherwise
directed, there must be at least 8 clear days between the
service of the notice of motion and the day named therein
for the hearing.

(2) Unless within 14 days after such leave was granted
the motion is entered for hearing the leave shall lapse.

(3) Subject to paragraph (4), the notice of motion,
accompanied by a copy of the statement and affidavit in
support of the application for leave under rule 2, must be
served personally on the person sought to be committed.

(4) Without prejudice to the powers of the Court or
judge under Order 65, rule 4, the judge may dispense with
service of the notice of motion under this rule if he thinks it
just to do so.

4. Nothing in the foregoing provisions of this Order
shall be taken as affecting the power of the Supreme Court
to make an order of committal of its own motion against a
person guilty of contempt of court.

5. (1) Subject to paragraph (2), the Court hearing
an application for an order of committal may sit in private
in the following cases, that is to say —

(a) where the application arises out of proceedings
relating to the wardship or adoption of an infant
or wholly or mainly to the guardianship,
custody, maintenance or upbringing of an infant,
or rights of access to an infant;

(b) where the application arises out of proceedings
relating to a person suffering or appearing to be
suffering from mental disorder within the mean-
ing of the Mental Health Act;

(c) where the application arises out of proceedings
in which a secret process, discovery or invention
was in issue;

Application for
order after leave
to apply granted
(O. 52, r. 3).

Saving for power
to commit
without
application for
purpose (O. 52,
r. 4).
Provisions as to
hearing (O. 52,
r. 5).

CH.53 – 216] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(d) where it appears to the Court that in the interests
of the administration of justice or for reasons of
national security the application should be heard
in private,

but, except as aforesaid, the application shall be heard in
open court.

(2) If the Court hearing an application in private by
virtue of paragraph (1) decides to make an order of
committal against the person sought to be committed, it
shall in open court state —

(a) the name of that person;
(b) in general terms the nature of the contempt of

court in respect of which the order of committal
is being made; and

(c) if he is being committed for a fixed period, the
length of that period.

(3) Except with the leave of the Court hearing an
application for an order of committal, no grounds shall be
relied upon at the hearing except the grounds set out in the
notice of motion under rule 2. The foregoing provision is
without prejudice to the powers of the Court under Order
20, rule 7.

(4) If on the hearing of the application the person
sought to be committed expresses a wish to give oral
evidence on his own behalf, he shall be entitled to do so.

6. (1) The Court by whom an order of committal is
made may by order direct that the execution of the order of
committal shall be suspended, for such period or on such
terms or conditions as it may specify.

(2) Where execution of an order of committal is
suspended by an order under paragraph (1), the applicant for the
order of committal must, unless the Court otherwise directs, serve
on the person against whom it was made a notice informing him
of the making and terms of the order under that paragraph.

7. (1) The Court may, on the application of any
person committed to prison for any contempt of court,
discharge him.

Power to suspend
execution of
committal order
(O. 52, r. 6).

Discharge of
person
committed (O.
52, r. 7).

SUPREME COURT [CH.53 – 217



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(2) Where a person has been committed for failing
to comply with a judgment or order requiring him to
deliver anything to some other person or to deposit it in
court or elsewhere, and a writ of sequestration has also
been issued to enforce that judgment or order, then, if the
thing is in the custody or power of the person committed,
the commissioners appointed by the writ of sequestration
may take possession of it as if it were the property of that
person and, without prejudice to the generality of
paragraph (1), the Court may discharge the person
committed and may give such directions for dealing with
the thing taken by the commissioners as it thinks fit.

8. Nothing in the foregoing provisions of this
Order shall be taken as affecting the power of the Court to
make an order requiring a person guilty of contempt of
court, or a person punishable by virtue of any enactment in
like manner as if he had been guilty of contempt of the
Supreme Court, to pay a fine or to give security for his
good behaviour, and those provisions, so far as applicable,
and with the necessary modifications, shall apply in
relation to an application for such an order as they apply in
relation to an application for an order of committal.

ORDER 53
JUDICIAL ORDER

1. (1) An application for —
(a) an order of mandamus, prohibition or certiorari;

or
(b) an injunction under section 18 of the Act

restraining a person from acting in any office in
which he is not entitled to act,

shall be made by way of an application for judicial review
in accordance with the provisions of this Order.

(2) An application for a declaration or an injunction
(not being an injunction mentioned in paragraph (1) (b)
may be made by way of an application for judicial review,
and on such an application the Court may grant the
declaration or injunction claimed if it considers that,
having regard to —

(a) the nature of the matters in respect of which
relief may be granted by way of an order or
mandamus, prohibition or certiorari;

Saving for other
powers (O. 52, r.
8).

S.I. 92/1997.

Cases
appropriate for
application for
judicial review
(O. 53, r. 1).

CH.53 – 218] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) the nature of the persons and bodies against
whom relief may be granted by way of such an
order; and

(c) all the circumstances of the case,
it would be just and convenient for the declaration or
injunction to be granted on an application for judicial
review.

2. On an application for judicial review any relief
mentioned in rule 1(1) or (2) may be claimed as an
alternative or in addition to any other relief so mentioned if
it arises out of or relates to or is connected with the same
matter.

3. (1) No application for judicial review shall be
made unless the leave of the Court has been obtained in
accordance with this rule.

(2) An application for leave shall be made ex parte
to a judge by filing in the Registry —

(a) a notice in Form A in the Schedule to this Order
containing a statement of —

(i) the name and description of the applicant;
(ii) the relief sought and the grounds upon

which it is sought;
(iii) the name and address of the applicant’s

counsel and attorney (if any); and
(iv) the applicant’s address for service; and

(b) an affidavit which verifies the facts relied on.
(3) The judge may determine the application

without a hearing, unless a hearing is requested in the
notice of application, and need not sit in open Court and in
any case, the Registry shall serve a copy of the judge’s
order on the applicant:

Provided that in no case shall leave be refused
without giving the applicant a hearing.

(4) Where the application for leave is refused by the
judge, or is granted on terms, the applicant may renew it by
applying —

(a) in any criminal cause or matter, to the Court of
Appeal;

(b) in any other case, to a single judge sitting in open
Court:

Joinder of claims
for relief (O. 53.
r. 2).

Grant of leave to
apply for judicial
review (O. 53,
r. 3).

SUPREME COURT [CH.53 – 219



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

Provided that no application for leave may be
renewed in any non-criminal cause or matter in which the
judge has refused leave under paragraph (3) after a hearing.

(5) In order to renew his application for leave the
applicant shall, within 10 days of being served with notice
of the judge’s refusal, lodge in the Registry notice of his
intention in Form B in the Schedule to this Order.

(6) Without prejudice to its powers under Order 20,
rule 8, the Court hearing an application for leave may
allow the applicant’s statement to be amended, whether by
specifying different or additional grounds of relief or
otherwise, on such terms, if any, as it thinks fit.

(7) The Court shall not grant leave unless it
considers that the applicant has a sufficient interest in the
matter to which the application relates.

(8) Where leave is sought to apply for an order of
certiorari to remove for the purpose of its being quashed
any judgment, order, conviction or other proceedings
which is subject to appeal and a time is limited for the
bringing of the appeal, the Court may adjourn the
application for leave until the appeal is determined or the
time for appealing has expired.

(9) If the Court grants leave, it may impose such
terms as to costs and as to giving security as it thinks fit.

(10) Where leave to apply for judicial review is
granted, then —

(a) if the relief sought is an order of prohibition or
certiorari and the Court so directs, the grant shall
operate as a stay of the proceedings to which the
application relates until the determination of the
application or until the Court otherwise orders;

(b) if any other relief is sought, the Court may at any
time grant in the proceedings such interim relief
as could be granted in an action begun by writ.

(11) Where leave is granted, the magistrates court or
tribunal shall transmit a record of the proceeding to the
Registrar within 21 days after receiving a copy of the order
granting leave.

4. (1) An application for judicial review shall be
made promptly and in any event within six months from the
date when grounds for the application first arose unless the


Delay in applying
for relief (O. 53,
r. 4).

CH.53 – 220] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Court considers that there is good reason for extending the
period within which the application shall be made.

(2) Where the relief sought is an order of certiorari
in respect of any judgment, order, conviction or other
proceeding, the date when grounds for the application first
arose shall be taken to be the date of that judgment, order,
conviction or proceeding.

(3) The preceding paragraphs are without prejudice
to any statutory provision which has the effect of limiting
the time within which an application for judicial review
may be made.

5. (1) In any criminal cause or matter, where leave
has been granted to make an application for judicial
review, the application shall be made by originating motion
to a judge.

(2) In any other such cause or matter, the
application shall be made by originating motion to a judge
sitting in open Court, unless the Court directs that it shall
be made —

(a) by originating summons to a judge in Chambers;
or

(b) by originating motion to a judge in open court,
and any direction under subparagraph (a) shall
be without prejudice to the judge’s powers under
Order 32, Rule 13.

(3) The notice of motion or summons shall be
served on all persons directly affected and where it relates
to any proceedings in or before a magistrates court or
tribunal and the object of the application is either to
compel the magistrates court or tribunal or an officer of the
magistrates court or tribunal to do any act in relation to the
proceedings or to quash them or any order made therein,
the notice or summons shall also be served on the Clerk or
Registrar of the magistrates court or tribunal and, where
any objection to the conduct of the magistrate or tribunal is
to be made, on the magistrate or the president of the
tribunal.

(4) Unless the Court granting leave has otherwise
directed, there must be at least 10 clear days between the
service of the notice of motion or summons and the
hearing.

Mode of
applying for
judicial review
(O. 53, r. 5).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(5) A motion must be entered for hearing within 14
days after the grant of leave.

(6) An affidavit giving the names and addresses of,
and the places and dates of service on all persons who have
been served with the notice of motion or summons shall be
filed before the motion or summons is entered for hearing
and, if any person who ought to be served, under this rule
has not been served, the affidavit shall state that fact and
the reason for it; and the affidavit shall be before the Court
on the hearing of the motion or summons.

(7) If on the hearing of the motion or summons the
Court is of opinion that any person who ought, whether
under this rule or otherwise, to have been served has not
been served, the Court may adjourn the hearing on such
terms (if any) as it may direct in order that the notice or
summons may be served on that person.

6. (1) Copies of the statement in support of an
application for leave under rule 3 shall be served with the
notice of motion or summons and, subject to paragraph (2)
no grounds shall be relied upon or any relief sought at the
hearing except the grounds and relief set out in the
statement.

(2) The Court may on the hearing of the motion or
summons allow the applicant to amend his statement,
whether by specifying different or additional grounds of
relief or otherwise, on such terms, if any, as it thinks fit and
may allow further affidavits to be used if they deal with
new matters arising out of an affidavit of any other party to
the application.

(3) Where the applicant intends to ask to be allowed
to amend his statement or to use further affidavits, he shall
give notice of his intention and of any proposal amendment
to every other party.

(4) Any respondent who intends to use an affidavit
at the hearing shall file it in the Registry as soon as
practicable and in any event, unless the Court otherwise
directs, within 6 weeks after service upon him of the
documents required to be served by paragraph (1).

(5) Each party to the application shall supply to
every other party on demand copies of every affidavit which
he proposes to use at the hearing, including, in the case of
the applicant, the affidavit in support of the application for
leave under rule 3.

Statements and
affidavits (O. 53,
r. 6).

CH.53 – 222] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

7. (1) On an application for judicial review the
Court may, subject to paragraph (2) award damages to the
applicant if —

(a) he has included in the statement in support of his
application for leave under rule 3 a claim for
damages arising from any matter to which the
application relates; and

(b) the Court is satisfied that, if the claim had been
made in an action begun by the applicant at the
time of making his application, he could have
been awarded damages.

(2) Order 18, rule 12, shall apply to a statement
relating to a claim for damages as it applies to a pleading.

8. (1) Unless the Court otherwise directs, any
interlocutory application in proceedings on an application
for judicial review may be made to a judge or the
Registrar, notwithstanding that the application for judicial
review has been made by motion and is to be heard in open
court.

(2) In this paragraph “interlocutory application”
includes an application for an order under Order 24 or 26
or Order 38, rule 2(3) or for an order dismissing the
proceedings by consent of the parties.

(3) In relation to an order made by the Registrar
pursuant to paragraph (1), Order 58, rule 1 shall, where the
application for judicial review is to be heard in open court,
have effect as if a reference to the Court were substituted
for the reference to a judge in chambers.

(4) This rule is without prejudice to any statutory
provision or rule of law restricting the making of an order
against the Crown.

9. (1) On the hearing of any motion or summons
under rule 5, any person who desires to be heard in
opposition to the motion or summons, and appears to the
Court to be a proper person to be heard, shall be heard,
notwithstanding that he has not been served with notice of
the motion or the summons.

(2) Where the relief sought is or includes an order
of certiorari to remove any proceedings for the purpose of
quashing them, the applicant may not question the validity
of any order, warrant, commitment, conviction, inquisition


Claim for
damages (O. 53,
r. 7).

Application for
discovery,
interrogatories,
cross-
examinations,
etc. (O. 53, r. 8).

Hearing of
application for
judicial review
(O. 53, r. 9).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

or record unless before the hearing of the motion or
summons he has lodged in the Registry a copy thereof
verified by affidavit of accounts for his failure to do so to
the satisfaction of the Court hearing the motion or
summons.

(3) Where an order for certiorari is made in any
such case as is referred to in paragraph (2) the order shall,
subject to paragraph (4) direct that the proceedings shall be
quashed forthwith on their removal into the Supreme
Court.

(4) Where the relief sought is an order of certiorari
and the Court is satisfied that there are grounds for
quashing the decision to which the application relates, the
Court may, in addition to quashing it, remit the matter to
the Court, tribunal or authority concerned with a direction
to reconsider it and reach a decision in accordance with the
findings of the Court.

(5) Where the relief sought is a declaration, an
injunction or damages and the Court considers that it
should not be granted on an application for judicial review
but might have been granted if it had been sought in an
action begun by writ by the applicant at the time of making
his application, the Court may, instead of refusing the
application, order the proceedings to continue as if they
had been begun by writ; and Order 28, rule 8, shall apply
as if in the case of an application made by motion, it had
been made by summons.

(6) No action or proceedings shall be begun or
prosecuted against any person in respect of anything done
in obedience to an order of mandamus.

10. No appeal shall lie from an order made under
paragraph (3) of rule 3 on an application for leave which
may be renewed under paragraph (4) of that rule.

11. In relation to the hearing by a judge of an
application for leave under rule 3 or of an application for
judicial review, any reference in this Order to “the Court”
shall, unless the context otherwise requires, be construed as
a reference to the judge.

Appeal form
Judge’s order (O.
53, r. 10).

Meaning of
Court (O. 53, r.
11).

CH.53 – 224] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

SCHEDULE

FORM A (rule 3(2))

APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL
REVIEW

THE BAHAMAS
IN THE SUPREME COURT
Name address and description of applicant...............................
Judgment, Order, Decision or other proceeding in respect of
which relief is sought................................................................
Relief Sought............................................................................
Name and address of applicant’s Counsel and attorney, or if no
Counsel and Attorney acting, the address for service of applicant
..............................................................................................................
Signed.......................................... Dated..............................
Grounds and reasons therefor on which relief is sought...........
Note: Grounds must be supported by affidavit which verifies facts
relied on..



FORM B (rule 3(5))

NOTICE OF RENEWAL OF APPLICATION FOR LEAVE TO
APPLY FOR JUDICIAL REVIEW

The Bahamas
IN THE SUPREME COURT
Name, address and description of applicant.............................
The applicant intends to renew his application for leave to
apply for Judicial Review...........................................................
Signed.......................................... Date.................................
Received in the Registry of the Supreme Court.



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

ORDER 54
APPLICATION FOR WRIT OF HABEAS CORPUS

(R.S.C. 1978)

1. (1) An application for a writ of habeas corpus
ad subjiciendum must be made to a judge in court except
that in cases where the application is made on behalf of an
infant, it must be made in the first instance to a judge
otherwise than in court.

(2) An application for such writ may be made ex
parte and, subject to paragraph (3), must be supported by
an affidavit by the person restrained showing that it is
made at his instance and setting out the nature of the
restraint.

(3) Where the person restrained is unable for any
reason to make the affidavit required by paragraph (2), the
affidavit may be made by some other person on his behalf
and that affidavit must state that the person restrained is
unable to make the affidavit himself and for what reason.

2. (1) The judge to whom an application under rule
1 is made ex parte may make an order forthwith for the
writ to issue, or may —

(a) where the application is made to a judge
otherwise than in court, direct that an originating
summons for the writ be issued, or that an
application therefor be made by originating
motion to a judge in court;

(b) where the application is made to a judge in
court, adjourn the application so that notice
thereof may be given.

(2) The summons or notice of the motion must be
served on the person against whom the issue of the writ is
sought and on such other persons as the judge may direct,
and, unless the judge otherwise directs, there must be at
least 8 clear days between the service of the summons or
notice and the date named therein for the hearing of the
application.

3. Every party to an application under rule 1 must
supply to every other party on demand and on payment of
the proper charges copies of the affidavits which he
proposes to use at the hearing of the application.

Application for
writ of habeas
corpus ad
subjiciendum (O.
54, r. 1).

Power of court to
whom ex parte
application made
(O. 54, r. 2).

Copies of
affidavits to be
supplied (O. 54,
r. 3).

CH.53 – 226] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

4. Without prejudice to rule 2(1), the judge hearing
an application for a writ of habeas corpus ad subjiciendum
may in his discretion order that the person restrained be
released, and such order shall be a sufficient warrant to any
superintendent of a prison, constable or other person for
the release of the person under restraint.

5. Where a writ of habeas corpus ad subjiciendum
is ordered to issue, the judge by whom the order is made
shall give directions as to the judge before whom, and the
date on which, the writ is returnable.

6. (1) Subject to paragraphs (2) and (3), a writ of
habeas corpus ad subjiciendum must be served personally
on the person to whom it is directed.

(2) If it is not possible to serve such writ personally,
or if it is directed to a superintendent of a prison or other
public official, it must be served by leaving it with a servant
or agent of the person to whom the writ is directed at the
place where the person restrained is confined or restrained.

(3) If the writ is directed to more than one person,
the writ must be served in manner provided by this rule on
the person first named in the writ, and copies must be
served on each of the other persons in the same manner as
the writ.

(4) There must be served with the writ a notice (in
Form No. 90 in Appendix A) stating the judge before
whom and the date on which the person restrained is to be
brought and that in default of obedience proceedings for
committal of the party disobeying will be taken.

7. (1) The return to a writ of habeas corpus ad
subjiciendum must be indorsed on or annexed to the writ
and must state all the causes of the detainer of the person
restrained.

(2) The return may be amended, or other return
substituted therefor, by leave of the judge before whom the
writ is returnable.

8. When a return to a writ of habeas corpus ad
subjiciendum is made, the return shall first be read, and
motion then made for discharging or remanding the person
restrained or amending or quashing the return, and where
that person is brought up in accordance with the writ, his


Power to order
release of person
restrained (O. 54,
r. 4).

Directions as to
return to writ (O.
54, r. 5).

Service of writ
and notice (O.
54, r. 6).

Return to the
writ (O. 54, r. 7).

Procedure at
hearing of writ
(O. 54, r. 8).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

counsel shall be heard first, then the counsel for the Crown,
and then one counsel for the person restrained in reply.

9. (1) An application for a writ of habeas corpus
ad testificandum or of habeas corpus ad respondendum
must be made on affidavit to a judge in chambers.

(2) An application for an order to bring up a
prisoner, otherwise than by writ of habeas corpus, to give
evidence in any cause or matter, civil or criminal, before
any court, tribunal or justice, must be made on affidavit to
a judge in chambers.

10. A writ of habeas corpus must be in Form No.
89, 91 or 92 in Appendix A, whichever is appropriate.

ORDER 55
APPEALS TO SUPREME COURT FROM COURT,

TRIBUNAL OR PERSON: GENERAL
(R.S.C. 1978)

1. (1) Subject to paragraphs (2) and (3), this order
shall apply to every appeal which by or under any
enactment lies to the Supreme Court from any court,
tribunal or person.

(2) This Order shall not apply to an appeal by case
stated.

(3) The following rules of this Order shall, in
relation to an appeal to which this Order applies, have
effect subject to any provision made in relation to that
appeal by any other provision of these Rules or by or under
any enactment.

(4) In this Order references to a tribunal shall be
construed as references to any tribunal constituted by or
under any enactment other than any of the ordinary courts
of law.

2. An appeal to which this Order applies may be
heard and determined by a single judge.

3. (1) An appeal to which this Order applies shall
be by way of rehearing and must be brought by originating
motion.

Bringing up
prisoner to give
evidence etc. (O.
54, r. 9).

Form of writ (O.
54, r. 10).

Application (O.
55, r. 1).

Court to hear
appeal (O. 55, r.
2).
Bringing of
appeal (O. 55, r.
3).

CH.53 – 228] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Every notice of the motion by which such an
appeal is brought must state the grounds of the appeal and,
if the appeal is against a judgment, order or other decision
of a court, must state whether the appeal is against the
whole or a part of that decision and, if against a part only,
must specify the part.

(3) The bringing of such an appeal shall not operate
as a stay of proceedings on the judgment, determination or
other decision against which the appeal is brought unless
the court by which the appeal is to be heard or the court,
tribunal or person by which or by whom the decision was
given so orders.

4. (1) The persons to be served with notice of the
motion by which an appeal to which this Order applies is
brought are the following —

(a) if the appeal is against a judgment, order or
other decision of a court, the Registrar of the
court and any party to the proceedings in which
the decision was given who is directly affected
by the appeal;

(b) if the appeal is against an order, determination,
award or other decision of a tribunal, Minister of
the Crown, government department or other
person, the chairman of the tribunal, Minister,
government department or person, as the case
may be, and every party to the proceedings
(other than the appellant) in which the decision
appealed against was given.

(2) The notice must be served, and the appeal
entered, within 28 days after the date of the judgment, order,
determination or other decision against which the appeal is
brought.

(3) In the case of an appeal against a judgment, order
or decision of a court, the period specified in paragraph (2)
shall be calculated from the date of the judgment or order or
the date on which the decision was given.

(4) In the case of an appeal against an order,
determination, award or other decision of a tribunal,
Minister, government department or other person, the
period specified in paragraph (2) shall be calculated from
the date on which notice of the decision was given to the
appellant by the person who made the decision or by a
person authorised in that behalf to do so.

Service of notice
of motion and
entry of appeal
(O. 55, r. 4).

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5. Unless the Court otherwise directs, an appeal to
which this Order applies shall not be heard sooner than 21
days after service of notice of the motion by which the
appeal is brought.

6. (1) The notice of the motion by which an appeal
to which this Order applies is brought may be amended by
the appellant, without leave, by supplementary notice
served not less than 7 days before the day appointed for the
hearing of the appeal, on each of the persons on whom the
notice to be amended was served.

(2) Within 2 days after service of a supplementary
notice under paragraph (1) the appellant must lodge two
copies of the notice in the Registry.

(3) Except with the leave of the Court, no grounds
other than those stated in the notice of the motion by which
the appeal is brought or any supplementary notice under
paragraph (1) may be relied upon by the appellant at the
hearing; but that Court may amend the grounds so stated or
make any other order, on such terms as it thinks just, to
ensure the determination on the merits of the real question
in controversy between the parties.

(4) The foregoing provisions of this rule are without
prejudice to the powers of the Court under Order 20.

7. (1) In addition to the power conferred by rule
6(3), the Court hearing an appeal to which this Order
applies shall have the powers conferred by the following
provisions of this rule.

(2) The Court shall have power to receive further
evidence on questions of fact, and the evidence may be
given in such manner as the Court may direct either by oral
examination in court, by affidavit, by deposition taken
before an examiner or in some other manner.

(3) The Court shall have power to draw any
inferences of fact which might have been drawn in the
proceedings out of which the appeal arose.

(4) It shall be the duty of the appellant to apply to
the judge or other person presiding at the proceedings in
which the decision appealed against was given for a signed
copy of any note made by him of the proceedings and to
furnish that copy for the use of the Court; and in default of
production of such a note, or, if such note is incomplete, in


Date of hearing
appeal (O. 55,
r. 5).

Amendment of
grounds of
appeal, etc. (O.
55, r. 6).

Powers of Court
hearing appeal
(O. 55, r. 7).

CH.53 – 230] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

addition to such note, the Court may hear and determine
the appeal on any other evidence or statement of what
occurred in those proceedings as appears to the Court to be
sufficient. Except where the Court otherwise directs, an
affidavit or note by a person present at the proceedings
shall not be used in evidence under this paragraph unless it
was previously submitted to the person presiding at the
proceedings for his comments.

(5) The Court may give any judgment or decision or
make any order which ought to have been given or made
by the court, tribunal or person and make such further or
other order as the case may require or may remit the matter
with the opinion of the Court for rehearing and
determination by him or it.

(6) The Court may, in special circumstances, order
that such security shall be given for the costs of the appeal
as may be just.

(7) The Court shall not be bound to allow the appeal
on the ground merely of misdirection, or of the improper
admission or rejection of evidence, unless in the opinion of
the Court substantial wrong or miscarriage has been
thereby occasioned.

8. Where an appeal to which this Order applies is
against an order, determination or other decision of a
Minister of the Crown or government department, the
Minister or department, as the case may be, shall be
entitled to appear and be heard in the proceedings on the
appeal.

ORDER 56
APPEALS, ETC., TO SUPREME COURT BY CASE

STATED: APPEAL FROM MAGISTRATE’S COURT
BY CASE STATED

(R.S.C. 1978)

1. (1) All appeals from a magistrate’s court by case
stated shall be heard and determined by a judge of the
Supreme Court.

(2) An appeal from a magistrate’s court by case
stated shall not be entered for hearing unless and until the
case and a copy of the judgment, order or decision in respect
of which the case has been stated have been lodged with the
Attorney-General.

Right of
Minister, etc., to
appear and be
heard (O. 55,
r. 8).

General (O. 56,
r. 1).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(3) No such appeal shall be entered after the
expiration of 6 months from the date of the judgment, order
or decision in respect of which the case was stated unless
the delay is accounted for to the satisfaction of the judge of
the Supreme Court. Notice of intention to apply for an
extension of time for entry of the appeal must be served on
the respondent at least 2 clear days before the day named in
the notice for the hearing of the application.

(4) Where any such appeal has not been entered by
reason of a default in complying with the provisions of this
rule, the magistrate’s court may proceed as if no case had
been stated.

2. Where the judgment, order or decision of the
magistrate’s court in respect of which a case is to be stated
states all the relevant facts found by that court and the
questions of law to be determined by the Supreme Court, a
copy of the judgment, order or decision signed by the
person who presided at the hearing in the magistrate’s
court must be annexed to the case, and the facts so found
and the questions of law to be determined shall be
sufficiently stated in that case by referring to the statement
thereof in the judgment, order or decision.

3. Within 4 days after an appeal from the
magistrate’s court by case stated is entered for hearing, the
appellant must serve notice of the entry of the appeal on
the respondent.

4. Appeals from the magistrate’s court by case
stated which relate to affiliation proceedings shall be heard
and determined by a judge of the Supreme Court, and the
foregoing provisions of this Order shall accordingly apply
to such appeals.

5. (1) The jurisdiction of the Supreme Court under
any enactment to hear and determine a case stated by a
Minister of the Crown, government department, tribunal or
other person, or a question of law referred to that Court by
such a Minister or department or tribunal or other person
by way of case stated, shall be exercised by a single
judge.

Form of case (O.
56, r. 2).

Notice of entry
of appeal (O. 56,
r. 3).

Appeals relating
to affiliation
proceedings (O.
56, r. 4).

Case stated by
Ministers,
tribunal, etc. (O.
56, r. 5).

CH.53 – 232] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) The jurisdiction of the Supreme Court under any
enactment to hear and determine an application for an
order directing such a Minister or department or tribunal or
other person to state a case for determination by the
Supreme Court, or to refer a question of law to that Court
by way of case stated, shall be exercised by a judge of the
Supreme Court.

(3) The following rules of this Order shall apply to
proceedings for determination of such a case, question or
application and, in relation to any such proceedings, shall
have effect subject to any provision made in relation to
those proceedings by any other provision of these Rules by
or under any enactment.

(4) In this Order references to a tribunal shall be
construed as references to any tribunal constituted by or
under any enactment other than any of the ordinary courts
of law.

(5) In the following rules references to a Minister
shall be construed as including references to a government
department, and in those rules and this rule “case” includes
a special case.

6. (1) An application to the Court for an order
directing a Minister, tribunal or other person to state a case
for determination by the Court or to refer a question of law
to the Court by way of case stated must be made by
originating motion; and the persons to be served with
notice thereof are the Minister, secretary of the tribunal or
other person, as the case may be, and every party (other
than the applicant) to the proceedings to which the
application relates.

(2) The notice of such motion must state the
grounds of the application, the question of law on which it
is sought to have the case stated and any reasons given by
the Minister, tribunal or other person for his or its refusal
to state a case.

(3) The motion must be entered for hearing, and the
notice thereof served, within 14 days after receipt by the
applicant of notice of the refusal of his request to state a
case.

7. (1) A case stated by a tribunal must be signed by
the chairman of president of the tribunal, and a case stated
by any other person must be signed by him or by a person
authorised in that behalf to do so.

Application for
order to state a
case (O. 56, r. 6).

Signing and
service of case
(O. 56, r. 7).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(2) The case must be served on the party at whose
request, or as a result of whose application to the Court, the
case was stated; and if a Minister, tribunal, arbitrator or
other person is entitled by virtue of any enactment to state
a case, or to refer a question of law by way of case stated,
for determination by the Supreme Court without request
being made by any party to the proceedings before that
person, the case must be served on such party to those
proceedings as the Minister, tribunal, arbitrator or other
person, as the case may be, thinks appropriate.

(3) When a case is served on any party under
paragraph (2), notice must be given to every other party to
the proceedings in question that the case has been served
on the party named, and on the date specified, in the notice.

8. (1) Proceedings for the determination by the
Supreme Court of a case stated, or a question of law
referred by way of case stated, by a Minister, tribunal,
arbitrator or other person must be begun by originating
motion by the person on whom the case was served in
accordance with rule 7(2).

(2) The persons to be served with the notice of such
motion are —

(a) the Minister, secretary of the tribunal, arbitrator
or other person by whom the case was stated;
and

(b) any party (other than the applicant) to the
proceedings in which the question of law to
which the case relates arose,

and a copy of the case stated must be served with the
notice on any such party.

(3) The notice of such motion must set out the
applicant’s contentions on the question of law to which the
case stated relates.

(4) The motion must be entered for hearing, and the
notice thereof served, within 14 days after the case stated
was served on the applicant.

(5) If the applicant fails to enter the motion within
the period specified in paragraph (4), then, after obtaining a
copy of the case from the Minister, tribunal, arbitrator or
other person by whom the case was stated, any other party
to the proceedings in which the question of law to which


Proceedings for
determination of
case (O. 56, r. 8).

CH.53 – 234] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

the case relates arose may, within 14 days after the
expiration of the period so specified, begin proceedings for
the determination of the case, and paragraphs (1) to (4)
shall have effect accordingly with the necessary
modifications. The references in this paragraph to the
period specified in paragraph (4) shall be construed as
including references to that period as extended by any
order of the Court.

(6) Unless the Court otherwise directs, the motion
shall not be heard sooner than 7 days after service of notice
of motion.

9. The Court hearing a case stated by a Minister,
tribunal, arbitrator or other person may amend the case or
order it to be returned to that person for amendment, and
may draw inferences of fact from the facts stated in the
case.

10. A Minister shall be entitled to appear and be
heard in proceedings for the determination of a case stated,
or a question of law referred by way of case stated, by him.

ORDER 57
COURT PROCEEDINGS: SUPPLEMENTARY

PROVISIONS
(R.S.C. 1978)

1. This Order shall apply to any proceedings under
Order 53, Order 54 or any proceedings which consist of or
relate to an appeal to the Supreme Court by case stated and
the reference of a question of law by way of case stated.

2. (1) Every motion in proceedings to which this
Order applies must be entered for hearing in the Registry;
and entry shall be made when a copy of the notice of
motion, and any other documents required to be lodged
before entry, have been lodged in that office.

(2) The party entering the motion for hearing must
lodge in the Registry copies of the proceedings for the use
of the Court.

Amendment of
case (O. 56, r. 9).

Right of Minister
to appear and be
heard (O. 56,
r. 10).

Application (O.
57, r. 1).

Entry of motions
(O. 57, r. 2).

SUPREME COURT [CH.53 – 235



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

3. (1) Except as provided by Order 41, rule 8(1),
every affidavit used in proceedings to which this Order
applies must be filed with the Attorney-General.

(2) A copy of any order made by a judge in
chambers in any such proceedings must be filed in that
office.

ORDER 58
APPEALS FROM THE REGISTRAR

(R.S.C. 1978)

1. (1) An appeal shall lie to a judge in chambers
from any judgment, order or decision of the Registrar.

(2) The appeal shall be brought by serving on every
other party to the proceedings in which the judgment, order
or decision was given or made a notice to attend before the
judge on a day specified in the notice.

(3) Unless the Court otherwise orders, the notice
must be issued within 5 days after the judgment, order or
decision appealed against was given or made and served
not less than 2 clear days before the day fixed for hearing
the appeal.

(4) Except so far as the Court may otherwise direct,
an appeal under this rule shall not operate as a stay of the
proceedings in which the appeal is brought.

ORDER 59
COSTS

Preliminary
(R.S.C. 1978)

1. (1) In this Order —
“certificate” includes allocatur;
“costs” includes fees, charges, disbursements, ex-

penses and remuneration;
“the Court” means the Supreme Court or any one or

more judges thereof, whether sitting in court or
in chambers, or the Registrar;

“taxed costs” means costs taxed in accordance with
this Order;

Filing of
affidavits and
drawing up of
orders (O. 57,
r. 3).

Appeals from
certain decisions
of the Registrar,
etc., to judge in
chambers (O. 58,
r. 1).

Interpretation
(O. 59, r. 1).

CH.53 – 236] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

“taxing master” means the Registrar.
(2) In this Order references to a fund, being a fund

out of which costs are to be paid or which is held by a
trustee or personal representative, include any references to
any estate or property, whether real or personal, held for
the benefit of any person or class of persons; and
references to a fund held by a trustee or personal
representative include references to any fund to which he is
entitled (whether alone or together with any other person)
in that capacity, whether the fund is for the time being in
his possession or not.

2. (1) Where by virtue of any Act the costs of or
incidental to any proceedings before an arbitrator or
umpire or before a tribunal or other body constituted by or
under any Act, not being proceedings in the Supreme
Court, are taxable in the Supreme Court, the following
provisions of this Order, that is to say, rule 7(4) and (5),
rule 8(5) rules 13 and 14, rule 15(1), rule 16, rule 19
(except paragraph 3), rules 20 and 24 and rules 31 and 33,
shall have effect in relation to proceedings for taxation of
those costs as they have effect in relation to proceedings
for taxation of those costs of or arising out of proceedings
in the Supreme Court.

(2) The costs of and incidental to proceedings in the
Supreme Court shall be in the discretion of the Court and
that Court shall have full power to determine by whom and
to what extent the costs are to be paid, and such powers
and discretion shall be exercised subject to and in
accordance with this order.

Entitlement to Costs
3. (1) Subject to the following provisions of this

Order, no party shall be entitled to recover any costs of or
incidental to any proceedings from any other party to the
proceeding except under an order of the Court.

(2) If the Court in the exercise of its discretion sees
fit to make any order as to the costs of or incidental to any
proceedings, the Court shall, subject to this Order, order
the costs to follow the event, except when it appears to the
Court that in the circumstances of the case some other
order should be made as to the whole or any part of the
costs.

Application (O.
59, r. 2).

When costs to
follow the event
(O. 59, r. 3).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(3) The costs of and occasioned by any amendment
made without leave in the writ of summons or any pleading
shall be borne by the party making the amendment, unless
the Court otherwise orders.

(4) The costs of and occasioned by any application
to extend the time fixed by these Rules, or any direction or
order thereunder, for serving or filing any document or
doing any other act (including the costs of any order made
on the application) shall be borne by the party making the
application, unless the Court otherwise orders.

(5) If a party on whom a notice to admit facts is
served under Order 27, rule 2, refuses or neglects to admit
the facts within 7 days after the service on him of the
notice or such longer time as may be allowed by the Court,
the costs of proving the facts shall be paid by him, unless
the Court otherwise orders.

(6) If a party —
(a) on whom a list of documents is served in

pursuance of any provision of Order 24; or
(b) on whom a notice to admit documents is served

under Order 27, rule 5,
gives notice of non-admission of any of the document in
accordance with Order 27, rule 4(2) or 5(2), as the case
may be, the costs of proving that document shall be paid by
him, unless the Court otherwise orders.

(7) Where a defendant by notice in writing and
without leave discontinues his counterclaim against any
party or withdraws any particular claim made by him therein
against any party, that party shall, unless the Court
otherwise directs, be entitled to his costs of the counterclaim
or his costs occasioned by the claim withdrawn, as the case
may be, incurred to the time of receipt of the notice of
discontinuance or withdrawal.

(8) Where a plaintiff accepts money paid into Court
by a defendant who counterclaimed against him, then, if
the notice of payment given by that defendant stated that
he had taken into account and satisfied the cause of action
or, as the case may be, all the causes of action in respect of
which he counterclaimed, that defendant shall, unless the
Court otherwise directs, be entitled to his costs of the
counterclaim incurred to the time of receipt of the notice of
acceptance by the plaintiff of the money paid into court.

CH.53 – 238] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(9) Where any person claiming to be a creditor —
(a) seeks to establish his claim to a debt under any

judgment or order in accordance with order 44;
or

(b) comes in to prove his title, debt or claim in
relation to a company in pursuance of any such
notice as is mentioned in the Companies Act,

he shall, if his claim succeeds, be entitled to his costs
incurred in establishing, it, unless the Court otherwise
directs, and, if his claim or any part of it fails, may be
ordered to pay the costs of any person incurred in opposing
it.

(10) Where a claimant is entitled to costs under
paragraph (9), the amount of the costs shall be fixed by the
Court unless it thinks fit to direct taxation and the amount
fixed or allowed shall be added to the claimant’s debt.

(11) Where a claimant (other than a person claiming
to be a creditor) having established a claim to be entitled
under a judgment or order in accordance with Order 44 has
been served with notice of the judgment or order pursuant
to rule 3 or 15 of that Order, he shall, if he enters an
appearance, be entitled as part of his costs of action (if
allowed) to costs incurred in establishing his claim, unless
the Court otherwise directs; and where such a claimant
fails to establish his claim or any part of it he may be
ordered to pay the costs of any person incurred in opposing
it.

4. Costs may be dealt with by the Court at any
stage of the proceedings or after the conclusion of the
proceedings; and any order of the Court for the payment of
any costs may, if the Court thinks fit, require the costs to
be paid forthwith notwithstanding that the proceedings
have not been concluded.

5. The Court in exercising its discretion as to costs
shall, to such extent, if any, as may be appropriate in the
circumstances, take into account —

(a) any such offer of contribution as is mentioned in
Order 16, rule 10, which is brought to its
attention in pursuance of a reserved right to do
so;

(b) any payment of money, into court and the
amount of such payment.

Stage of
proceedings at
which costs to be
dealt with (O. 59,
r. 4).

Special matters
to be taken into
account in
exercising
discretion (O. 59,
r. 5).

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6. (1) Notwithstanding anything in this Order or in
the Act —

(a) unless the Court is of opinion that there was no
reasonable ground for opposing the will, no
order shall be made for the costs of the other
side to be paid by the party opposing a will in a
probate action who has given notice with his
defence to the party setting up the will that he
merely insists upon the will being proved in
solemn form of law and only intends to cross-
examine the witnesses produced in support of
the will;

(b) except in special circumstances, no order shall
be made giving more than one set of costs
among all the opponents of a petition or
originating summons for extension of the term
of a patent if the Court refuses the prayer of the
petition or the relief sought by the summons.

(2) Where a person is or has been a party to any
proceedings in the capacity of trustee, personal represen-
tative or mortgagee, he shall, unless the Court otherwise
orders, be entitled to the costs of those proceedings, in so
far as they are not recovered from or paid by any other
person, out of the fund held by the trustee or personal
representative or the mortgaged property, as the case may
be; and the Court may otherwise order only on the ground
that the trustee, personal representative or mortgagee has
acted unreasonably or, in the case of a trustee or personal
representative, has in substance acted for his own benefit
rather than for the benefit of the fund.

7. (1) Where in any cause or matter any thing is
done or omission is made improperly or unnecessarily by
or on behalf of a party, the Court may direct that any costs
to that party in respect of it shall not be allowed to him and
that any costs occasioned by it to other parties shall be paid
by him to them.

(2) Without prejudice to the generality of paragraph
(1) the Court shall for the purpose of that paragraph have
regard in particular to the following matters, that is to
say —

(a) the omission to do any thing the doing of which
would have been calculated to save costs;

(b) the doing of any thing calculated to occasion, or
in a manner or at a time calculated to occasion,
unnecessary costs;

Restriction of
discretion to
order costs (O.
59, r. 6).

Costs arising
from misconduct
or negligence (O.
59, r. 7).

CH.53 – 240] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(c) any unnecessary delay in the proceedings.
(3) The Court may, instead of giving a direction

under paragraph (1) of this rule in relation to any thing
done or omission made, direct the Registrar to inquire into
it and, if it appears to him that such a direction as aforesaid
should have been given in relation to it, to act as if the
appropriate direction had been given.

(4) The Registrar shall, in relation to any thing done
or omission made in the course of taxation and in relation
to any failure to procure taxation, have the same power to
disallow or to award costs as the Court has under
paragraph (1) to direct that costs shall be disallowed to or
paid by any party.

(5) Where a party entitled to costs fails to procure or
fails to proceed with taxation, the Registrar in order to
prevent any other parties being prejudiced by that failure,
may allow the party so entitled a nominal or other sum for
costs or may certify the failure and the costs of the other
parties.

8. (1) Subject to the following provisions of this
rule, where in any proceedings costs are incurred
improperly or without reasonable cause or are wasted by
undue delay or by any other misconduct or default, the
Court may make against any attorney whom it considers to
be responsible (whether personally or through a servant or
agent) an order —

(a) disallowing the costs as between the attorney
and his client; and

(b) directing the attorney to repay to his client costs
which the client has been ordered to pay to other
parties to the proceedings; or

(c) directing the attorney personally to indemnify
such other parties against costs payable by them.

(2) No order under this rule shall be made against an
attorney unless he has been given a reasonable opportunity
to appear before the Court and show cause why the order
should not be made, except where any proceeding in Court
or in chambers cannot conveniently proceed, and fails or is
adjourned without useful progress being made —

(a) because of the failure of the attorney to attend in
person or by a proper representative; or

Personal liability
of attorney for
costs (O. 59, r. 8).

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(b) because of the failure of the attorney to deliver
any document for the use of the Court which
ought to have been delivered or to be prepared
with any proper evidence or account or
otherwise to proceed.

(3) Before making an order under this rule the Court
may, if it thinks fit, refer the matter (except in the cases
excepted from paragraph (2) or in the case of undue delay
in the drawing up of, or in any proceedings under, an order
or judgment as to which the Registrar has reported to the
Court) to the Registrar for inquiry and report and direct the
attorney in the first place to show cause before the
Registrar.

(4) The Court may direct that notice of any
proceedings or order against an attorney under this rule
shall be given to his client in such manner as may be
specified in the direction.

(5) Where in any proceedings before the Registrar
the attorney representing any party is guilty of neglect or
delay or puts any other party to any unnecessary expense in
relation to those proceedings, the Registrar may direct the
attorney to pay costs personally to any of the parties to
those proceedings; and where any attorney fails to leave his
bill of costs (with the documents required by this Order)
for taxation within the time fixed by or under this Order or
otherwise delays or impedes the taxation, then, unless the
Registrar otherwise directs, the attorney shall not be
allowed the fees to which he would otherwise be entitled
for drawing his bill of costs and for attending the taxation.

(6) If, on the taxation of costs to be paid out of a
fund, one-sixth or more of the amount of the bill for those
costs is taxed off, the attorney whose bill it is shall not be
allowed the fees to which he would otherwise be entitled
for drawing the bill and for attending the taxation.

(7) In any proceedings in which the party by whom
the fees prescribed by the Orders as to Court fees are
payable is represented by an attorney, if the fees or any
part of the fees payable under the said Orders are not paid
as therein prescribed, the Court may order the attorney
personally to pay that amount in the manner so prescribed.

9. (1) Subject to this Order, where by or under
these Rules or any order or direction of the Court costs are
to be paid to any person, that person shall be entitled to his
taxed costs.

S.I. 65/1979.

Fractional or
gross sum in
place of taxed
costs (O. 59, r. 9).

CH.53 – 242] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Paragraph (1) shall not apply to costs which by
or under any order or direction of the Court —

(a) are to be paid to a receiver appointed by the
Supreme Court in respect of his remuneration,
disbursements or expenses; or

(b) are to be assessed or settled by the Registrar,
but rules 26, 29 and 30 shall apply in relation to the
assessment or settlement by the Registrar of costs which
are to be assessed or settled as aforesaid as they apply in
relation to the taxation of costs by the Registrar.

(3) Where a writ in an action is indorsed in
accordance with Order 6, rule 2(1)(b), and judgment is
entered in default of appearance or of defence for the
amount claimed for costs (whether alone or together with
any other amount claimed), paragraph (1) of this rule shall
not apply to those costs; but if the amount claimed for costs
as aforesaid is paid in accordance with the indorsement (or
is accepted by the plaintiff as if so paid) the defendant shall
nevertheless be entitled to have those costs taxed.

(4) The Court in awarding costs to any person may
direct that, instead of taxed costs, that person shall be
entitled —

(a) to a proportion specified in the direction of the
taxed costs or to the taxed costs from or up to a
stage of the proceedings so specified; or

(b) to a gross sum so specified in lieu of taxed costs.
10. (1) Where a plaintiff by notice in writing and

without leave either wholly discontinues his action against
any defendant or withdraws any particular claim made by
him therein against any defendant, the defendant may tax
his costs of the action or his costs occasioned by the matter
withdrawn, as the case may be, and, if the taxed costs are
not paid within 4 days after taxation, may sign judgment
for them.

(2) If a plaintiff accepts money paid into court in
satisfaction of the cause of action, or all the causes of
action, in respect of which he claims, or if he accepts a sum
or sums paid in respect of one or more specified: causes of


When a party
may sign
judgment for
costs without an
order (O. 59, r.
10).

SUPREME COURT [CH.53 – 243



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

action and gives notice that he abandons the others, then
subject to paragraph (4), he may, after 4 days from
payment out and unless the Court otherwise orders, tax his
costs incurred to the time of receipt of the notice of
payment into court and 48 hours after taxation may sign
judgment for his taxed costs.

(3) Where a plaintiff in an action for libel or slander
against several defendants sued jointly accepts money paid
into court by one of the defendants, he may, subject to
paragraph (4), tax his costs and sign judgment for them
against that defendant in accordance with paragraph (2).

(4) Where money paid into court in an action is
accepted by the plaintiff after the trial or hearing has
begun, the plaintiff shall not be entitled to tax his costs
under paragraph (2) or (3).

11. (1) Where an action, petition or summons is
dismissed with costs, or a motion is refused with costs, or
an order of the Court directs the payment of any costs, or
any party is entitled under rule 10 to tax his costs, no order
directing the taxation of those costs need be made.

(2) Where a summons is taken out to set aside with
costs any proceedings on the ground of irregularity and the
summons is dismissed but no direction is given as to costs,
the summons is to be taken as having been dismissed with
costs.

12. The Registrar shall have power to tax —
(a) the costs of or arising out of any cause or matter

in the Supreme Court;
(b) the costs directed by an award made on a

reference to arbitration or pursuant to an
arbitration agreement to be paid; and

(c) any other costs the taxation of which is directed
by an order of the Court.

13. The Registrar may, in the discharge of his
functions with respect to the taxation of costs —

(a) take an account of 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;

When order for
taxation of costs
not required (O.
59, r. 11).

Powers of the
Registrar to tax
costs (O. 59,
r. 12).

Supplementary
powers of the
Registrar (O. 59,
r. 13).

CH.53 – 244] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

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

may be relevant in connection with those
proceedings.

14. (1) The Registrar may —
(a) extend the period within which a party is

required by or under this Order to begin
proceedings for taxation or to do anything in or
in connection with proceedings before the
Registrar;

(b) where no period is specified by or under this
Order 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.

(2) Where an order of the Court specifies a period
within which anything is to be done by or before the
Registrar then, unless the Court otherwise directs, the
Registrar may from time to time extend the period so
specified on such terms (if any) as he thinks just.

(3) The Registrar may extend any such period as is
referred to in the foregoing provisions of this rule although
the application for extension is not made until after the
expiration of that period.

15. (1) The Registrar may from time to time in the
course of the taxation of any costs by him issue an interim
certificate for any part of those costs which has been taxed.

(2) If, in the course of the taxation of an attorney’s
bill to his own client, it appears to the Registrar that in any
event the attorney will be liable in connection with that bill
to pay money to the client, he may from time to time issue
an interim certificate specifying an amount which in his
opinion is payable by the attorney to his client.

(3) On the filing of a certificate issued under
paragraph (2) the Court may order the amount specified
therein to be paid forthwith to the client or into court.

16. Where a party entitled to be paid costs is also
liable to pay costs, the Registrar 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

Extension, etc.,
of time
(O. 59, r. 74).

Interim
certificates
(O. 59, r. 15).

Power of
Registrar where
party liable to be
paid and to pay
costs
(O. 59, r. 16).

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(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.

17. (1) Where the Court directs an account to be
taken and the account consists in part of a bill of costs, the
Court may direct the Registrar to tax those costs and the
Registrar shall tax the costs in accordance with the
direction and shall return the bill of costs, after taxation
thereof, together with his report thereon to the Court.

(2) The Registrar taxing a bill of costs in accordance
with a direction under this rule shall have the same powers,
and the same fees shall be payable in connection with the
taxation, as if an order for taxation of the costs had been
made by the Court.

18. (1) Where the Court refers any matter to the
conveyancing counsel of the Court the fees payable to
counsel in respect of the work done by him in connection
with the reference shall be fixed by the Registrar.

(2) An appeal from the decision of the Registrar
under this rule shall lie to the Court, and the decision of the
Court thereon shall be final.

Procedure on Taxation
19. (1) A party entitled to require any costs to be

taxed must begin proceedings for the taxation of those
costs by producing the requisite document and leaving a
copy thereof at the Registry.

(2) The requisite document for the purposes of this
rule shall be the judgment, order or directions, as the case
may be.

(3) Subject to paragraph (4) where a party is entitled
to require any costs to be taxed by virtue of —

(a) a judgment, direction or order given or made in
proceedings in the Supreme Court; or

(b) rule 10,
he must begin proceedings for the taxation of those costs
within 3 months after the judgment, direction or order was
entered, signed or otherwise perfected or, as the case may
be, within 3 months after service of the notice given by him
under Order 21, rule 2 (where he is so entitled by virtue of
rule 10(1) or given to him under Order 22, rule 3 (where he
is so entitled by virtue of rule 10(2) or (3)).

Taxation of bill
of costs
comprised in
account (O. 59,
r. 17).

Registrar to fix
certain fees
payable to
conveyancing
counsel, etc. (O.
59, r. 18).

Mode of
beginning
proceedings for
taxation (O. 59,
r. 19).

CH.53 – 246] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(4) In relation to the taxation of costs pursuant to an
order under the Bahamas Bar Act, paragraph (3) shall have
effect as if for the period of 3 months first mentioned in
that paragraph there shall be substituted a reference to 7
days.

(5) A party who begins proceedings for taxation
must at the same time lodge in the Registry —

(a) a statement containing the following particulars,
that is to say —

(i) the name of every party, and the capacity
in which he is a party, to the proceeding,
his position on the record of the
proceedings which gave rise to the
taxation proceedings and, if any costs to
which the taxation proceedings relate are
to be paid out of a fund, the nature of his
interest in the fund; and

(ii) the address of any party to the proceedings
who appears in person and the name or
firm and business address of the attorney
of any party who does not so appear and
also (if the attorney is the agent of
another) the name of firm and business
address of his principal; and

(b) unless the Registrar otherwise directs, the bills
of costs together with all necessary papers and
vouchers.

20. (1) Where proceedings for taxation have been
duly begun in accordance with rule 19, then, subject to
paragraph (2) of this rule and rule 22, the Registrar shall
give to the party beginning the proceedings and to any
other party entitled to be heard in the taxation proceedings,
not less than 7 days notice of the day and time appointed
for taxation.

(2) A notice under this rule need not be given to any
party who has not entered an appearance or taken any part
in the proceedings which gave rise to the taxation
proceedings:

Provided that this paragraph shall not apply where an
order for the taxation of an attorney’s bill of costs made
under the Bahamas Bar Act at the instance of the attorney
gave rise to the taxation proceedings.

Notification of
time appointed
for taxation (O.
59, r. 20).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

21. (1) Where a party has begun proceedings for
taxation in accordance with rule 19 then, subject to rule 22,
the Registrar shall as soon as practicable give notice to any
other party whose costs are to be taxed in the proceedings
of the period within which his bill of costs together with all
necessary papers and vouchers are to be sent to the
Registrar by whom the bill is to be taxed.

(2) A party whose costs are to be taxed in any
taxation proceedings, except an attorney whose costs are to
be taxed by virtue of an order made under the Bahamas Bar
Act, must within 4 days after beginning the proceedings or,
as the case may be, receiving notice under paragraph (1),
send a copy of his bill of costs to every other party entitled
to be heard in the proceedings, unless that party has not
entered an appearance or taken any part in the proceedings
which gave rise to the taxation proceedings.

22. (1) Where a party entitled to require taxation of
any costs of or arising out of proceedings in the Supreme
Court begins proceedings for the taxation of those costs in
accordance with rule 19 then if, when he begins such
proceedings, he satisfies the Registrar that the speedy
completion of the taxation is necessary in the interests of
any person concerned in the taxation, the Registrar shall
enter the proceedings for taxation in a list kept for the
purposes of this rule and shall forthwith give notice of the
day and time appointed for taxation to the party whose
costs are to be taxed.

(2) A party whose costs are to be taxed in
proceedings entered for taxation in the list referred to in
paragraph (1) must, subject to paragraph (3) not less than 2
days before the day appointed for taxation send a copy of his
bill of costs to every other party entitled to be heard in the
proceedings with a notice of the day and time appointed for
taxation.

(3) A notice under paragraph (2) need not be given
to any party who has not entered an appearance or taken
any part in the proceedings which gave rise to the taxation
proceedings.

23. (1) In any bill of costs the professional charges
and the disbursements must be entered in separate columns
and every column must be cast before the bill is left for
taxation.

Delivery of bills,
etc. (O. 59, r. 21).

Short and urgent
taxation
proceedings (O.
59, r. 22).

Provisions as to
bills of costs (O.
59, r. 23).

CH.53 – 248] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Before a bill of costs is left for taxation it must
be indorsed with the name or firm and business address of
the attorney whose bill it is.

24. (1) If any party entitled to be heard in any
taxation proceedings does not attend within a reasonable
time after the time appointed for the taxation, the Registrar,
if satisfied by affidavit or otherwise that the party had due
notice of the time appointed, may proceed with the
taxation.

(2) The Registrar by whom any taxation proceedings
are being conducted may, if he thinks it necessary to do so,
adjourn those proceedings from time to time.

25. (1) Where any costs are to be paid out of a fund
the Registrar may give directions as to the parties who are
entitled to attend on the taxation of those costs and may
disallow the costs of attendance of any party not entitled to
attend by virtue of the directions and whose attendance he
considers unnecessary.

(2) Where the Court has directed that an attorney’s
bill of costs be taxed for the purpose of being paid out of a
fund, the Registrar by whom the bill is being taxed may, if
he thinks fit, adjourn the taxation for a reasonable period
and direct the attorney to send to any person having any
interest in the fund a copy of the bill, or of any part thereof,
free of charge together with a letter containing the
following information, that is to say —

(a) that the bill of costs, a copy of which or of part
of which is sent with the letter, has been referred
to the Registrar for taxation;

(b) the address of the office at which the taxation is
proceeding;

(c) the time appointed by the Registrar at which the
taxation will be continued; and

(d) such other information, if any, as the Registrar
may direct.

Assessment of Costs
26. (1) This rule applies to costs which by or under

these Rules or any order or direction of the Court are to be
paid to a party to any proceedings either by another party
to those proceedings or out of any fund (other than a fund
which the party to whom the costs are to be paid holds as
trustee or personal representative).

Provisions as to
taxation
proceedings (O.
59, r. 24).

Powers of
Registrar taxing
costs payable out
of fund (O. 59,
r. 25).

Costs payable to
one party by
another or out of
a fund (O. 59,
r. 26).

SUPREME COURT [CH.53 – 249



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(2) Subject to the following provisions of this rule,
costs to which this rule applies shall be taxed on the party
and party basis, and on a taxation on that basis there shall
be allowed all such costs as were necessary or proper for
the attainment of justice or for enforcing or defending the
rights of the party whose costs are being taxed.

(3) The Court in awarding costs to which this rule
applies may in any case in which it thinks fit to do so order
or direct that the costs shall be taxed on the common fund
basis.

(4) On a taxation on the common fund basis, being a
more generous basis than that provided by paragraph (2),
there shall be allowed a reasonable amount in respect of all
costs reasonably incurred, and paragraph (2) shall not
apply; and accordingly in all cases where costs are to be
taxed on the common fund basis the ordinary rules
applicable on a taxation as between attorney and client
where the costs are to be paid out of a common fund in
which the client and others are interested shall be applied,
whether or not the costs are in fact to be so paid.

(5) The Court in awarding costs to which this rule
applies to any person may if it thinks fit and if —

(a) the costs are to be paid out of a fund; or
(b) the person to whom the costs are to be paid is or

was a party to the proceedings in the capacity of
trustee or personal representative,

order or direct that the costs shall be taxed as if that person
were a trustee of the fund or as if the costs were to be paid
out of a fund held by that person, as the case may be, and
where the Court so orders or directs rule 29(2) shall have
effect in relation to the taxation in substitution for
paragraph (2) of this rule.

27. (1) On the taxation of an attorney’s bill to his
own client all costs shall be allowed except in so far as they
are of an unreasonable amount or have been unreasonably
incurred.

(2) For the purposes of paragraph (1), all costs
incurred with the express of implied approval of the client
shall, subject to paragraph (3), be conclusively presumed to
have been reasonably incurred and, where the amount
thereof has been expressly or impliedly approved by the
client, to have been reasonable in amount.

Costs payable to
an attorney by
his own client (O.
59, r. 27).

CH.53 – 250] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) For the purpose of paragraph (1), any costs
which in the circumstances of the case are of an unusual
nature and such that they would not be allowed on a
taxation of costs in a case to which rule 26(2) applies shall,
unless the attorney expressly informed his client before
they were incurred that they might not be so allowed, be
presumed, until the contrary is shown, to have been
unreasonably incurred.

(4) In paragraphs (2) and (3), the reference to the
client shall be construed —

(a) if the client was at the material time incapable
by reason of mental disorder within the meaning
of the Mental Health Act, of managing and
administering his property and affairs and
represented by a person acting as guardian ad
litem or next friend, as references to that person
acting, where necessary, with the authority of
the authority having jurisdiction under that Act;

(b) if the client was at the material time an infant
and represented by a person acting as guardian
ad litem or next friend, as references to that
person.

28. (1) This rule applies to —
(a) any proceedings in which money is claimed or

recovered by or on behalf of, or adjudged or
ordered or agreed to be paid to, or for the benefit
of, a person who is an infant or incapable by
reason of mental disorder within the meaning of
the Mental Health Act, of managing and
administering his property and affairs or in
which money paid into Court is accepted by or
on behalf of such a person; and

(b) any proceedings under the Fatal Accidents Act,
in which money is recovered by or on behalf of,
or adjudged or ordered or agreed to be paid to,
or for the benefit of, the widow of the person
whose death gave rise to the proceedings in
satisfaction of a claim under the said Act or in
which money paid into Court is accepted by her
or on her behalf in satisfaction of such a claim,
if the proceedings were for the benefit also of a
person who, when the money is recovered, or
adjudged or ordered or agreed to be paid, or
accepted, is an infant.

Costs payable to
attorney where
money recovered
by or on behalf
of infant, etc. (O.
59, r. 28).

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(2) The costs payable to his attorney by any plaintiff
in any proceedings to which this rule applies by virtue of
paragraph (1)(a) or (b), being the costs of those
proceedings or incident to the claim therein or consequent
thereon, shall be taxed under rule 27; and no costs shall be
payable to the attorney of any plaintiff in respect of those
proceedings except such amount of costs as may be
certified in accordance with this rule on the taxation under
rule 27 of the attorney’s bill to that plaintiff.

(3) On the taxation under rule 27 of an attorney’s
bill to any plaintiff in any proceedings to which this rule
applies by virtue of paragraph 1(a) or (b) who is his own
client, the Registrar shall also tax any costs payable to that
plaintiff in those proceedings and shall certify —

(a) the amount allowed on the taxation under rule
27, the amount allowed on the taxation of any
costs payable to that plaintiff in those
proceedings and the amount (if any) by which
the first mentioned amount exceeds the other;
and

(b) where necessary, the proportion of the amount
of the excess payable respectively by, or out of
money belonging to, any party to the proceed-
ings who is an infant or incapable, by reason of
mental disorder within the meaning of the
Mental Health Act, of managing and
administering his property and affairs or the
widow of the man whose death gave rise to the
proceedings and any other party.

(4) Nothing in the foregoing provisions of this rule
shall prejudice an attorney’s lien for costs.

(5) The foregoing provisions of this rule shall apply
in relation to —

(a) a counterclaim by or on behalf of a person who
is an infant or incapable by reason of mental
disorder within the meaning of the Mental
Health Act, of managing or administering his
property and affairs and a counterclaim consist-
ing of or including a claim under the Fatal
Accidents Act by or on behalf of the widow of
the man whose death gave rise to the claim; and

CH.53 – 252] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) a claim made by or on behalf of a person who is
an infant or incapable as aforesaid in an action
by any other person for relief under the
Merchant Shipping Act, and a claim consisting
of or including a claim under the Fatal Accidents
Act, made by or on behalf of that widow in such
an action,

as if for references to a plaintiff there were substituted
references to a defendant.

29. (1) This rule applies to every taxation of the
costs which a person who is or has been a party to any
proceedings in the capacity of trustee or personal
representative is entitled to be paid out of any fund which
he holds in that capacity.

(2) On any taxation to which this rule applies, no
costs shall be disallowed, except in so far as those costs or
any part of their amount should not, in accordance with the
duty of the trustee or personal representative as such, have
been incurred or paid, and should for that reason be borne
by him personally.

30. Where the amount of an attorney’s remuneration
in respect of non-contentious business connected with
sales, purchases, leases, mortgages and other matters of
conveyancing or in respect of any other non-contentious
business is regulated (in the absence of agreement to the
contrary) by any general orders for the time being in force
under the Bahamas Bar Act, the amount of the costs to be
allowed on taxation in respect of the like contentious
business shall be the same.

Review
31. (1) Any party to any taxation proceeding who is

dissatisfied with the allowance or disallowance in whole or
in part of any item by the Registrar, or with the amount
allowed by him in respect of any item, may apply to him to
review his decision in respect of that item.

(2) An application under this rule for review of the
Registrar’s decision may be made at any time within 14
days after that decision or such shorter period as may be
fixed by the Registrar:

Provided that no application under this rule for
review of a decision in respect of any item may be made
after the signing of the Registrar’s certificate dealing
finally with that item.

Costs payable to
a trustee out of
the trust fund,
etc. (O. 59, r. 29).

Application of
general orders
under Bahamas
Bar Act (O. 59,
r. 30).

Application to
Registrar for
review (O. 59,
r. 31).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(3) Every applicant for review under this rule must
at the time of making his application deliver to the
Registrar objections in writing specifying by a list the
items or parts of item the allowance or disallowance of
which or the amount allowed in respect of which, is
objected to and stating concisely the nature and grounds of
the objection in each case, and must deliver a copy of the
objection to each other party (if any) who attended on the
taxation, of those items or to whom the Registrar directs
that a copy of the objection shall be delivered.

(4) Any party to whom a copy of the objection is
delivered under this rule may, within 14 days after delivery
of the copy to him or such shorter period as may be fixed
by the Registrar, deliver to the Registrar answers in writing
to the objections stating concisely the grounds on which he
will oppose the objections, and must at the same time
deliver a copy of the answers to the party applying for
review and to each other party (if any) to whom a copy of
the objection has been delivered or to whom the Registrar
directs that a copy of the answers shall be delivered.

(5) An application under this rule for review of the
Registrar’s decision in respect of any item shall not
prejudice the power of the Registrar under rule 15 to issue
an interim certificate in respect of items his decision as to
which is not objected to.

32. (1) On reviewing any decision in respect of any
item, the Registrar may receive further evidence and may
exercise all the powers which he might exercise on an
original taxation in respect of that item, including the
power to award costs of and incidental to the proceedings
before him; and any costs awarded by him to any party
may be taxed by him and may be added to or deducted
from any other sum payable to or by that party in respect of
costs.

(2) On a hearing of a review under rule 31 a party to
whom a copy of objections was delivered under paragraph
(4) of that rule shall be entitled to be heard in respect of
any item to which the objections relate notwithstanding
that he did not deliver written answers to the objections
under that paragraph.

(3) The Registrar who has reviewed a decision in
respect of any item shall issue his certificate accordingly
and, if requested to do so by any party to the proceedings


Review by
Registrar (O. 59,
r. 32).

CH.53 – 254] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

before him, shall state in his certificate or otherwise in
writing by reference to the objections to that decision the
reasons for his decision on the review, and any special
facts or circumstances relevant to it. A request under this
paragraph must be made within 14 days after the review or
such shorter period as may be fixed by the Registrar.

33. (1) Any party who is dissatisfied with the
decision of a Registrar to allow or to disallow any item in
whole or in part on review under rule 31 or 32, or with the
amount allowed in respect of any item by the Registrar on
any such review, may apply to a judge for an order to review
the taxation as to that item or part of an item, if, but only if,
one of the parties to the proceedings before the Registrar
requested him in accordance with rule 32(3) to state the
reasons for his decision in respect of that item or part on the
review.

(2) An application under this rule for review of a
Registrar’s decision in respect of any item may be made at
any time within 14 days after the Registrar’s certificate in
respect of that item is signed, or such longer time as the
Registrar at the time when he signs the certificate, or the
Court at any time, may allow.

(3) An application under this rule shall be made by
summons and shall, except where the judge thinks fit to
adjourn into court, be heard in chambers.

(4) Unless the judge otherwise directs, no further
evidence shall be received on the hearing of an application
under this rule, and no grounds of objection shall be raised
which was not raised on the review by the Registrar but,
save as aforesaid, on the hearing of any such application
the judge may exercise all such powers and discretion as
are vested in the Registrar in relation to the subject matter
of the application.

(5) On an application under this rule the judge may
make such order as the circumstances require, and in
particular may order the Registrar’s certificate to be
amended or, except where the dispute as to the item under
review is as to amount only, order the item to be remitted
to the same or another Registrar for taxation.

34. The fees of Court now payable under the Second
Schedule to the Rules of the Supreme Court (Chapter 53 of
the Subsidiary Legislation) as amended or otherwise shall


Review of
Registrar’s
certificate by a
judge (O. 59,
r. 33).

Fees (O. 59,
r. 34).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

continue to be payable, except that the maximum fee
payable to the Deputy Provost Marshal upon an execution
and to the Admiralty Marshal upon the sale of a ship shall
be two thousand dollars.

GENERAL AND ADMINISTRATIVE PROVISIONS

ORDER 60
REGISTRY OF THE SUPREME COURT

(R.S.C. 1978)

1. The Registry shall be divided into such
departments, and the business performed in the Registry
shall be distributed among the departments in such manner,
as the Chief Justice may direct.

2. (1) Any document filed in the Registry in any
proceedings must be sealed with a seal showing the date on
which the document was filed.

(2) Particulars of the time of delivery at the Registry
of any document for filing, the date of the document and
the title of the cause or matter of which the document
forms part of the record shall be entered in books kept in
the Registry for the purpose.

3. (1) Any person shall, on payment of the
prescribed fee, be entitled during office hours to search for,
inspect and take a copy of any of the following documents
filed in the Registry, namely —

(a) the copy of any writ of summons or other
originating process;

(b) any judgment or order given or made in court or
the copy of any such judgment or order; and

(c) with the leave of the Court, which may be
granted on an application made ex parte, any
other documents.

(2) Nothing in the foregoing provisions shall be
taken as preventing any party to a cause or matter searching
for, inspecting and taking or bespeaking a copy of any
affidavit or other document filed in the Registry in that
cause or matter but made with a view to its commencement.

Distribution of
business
(O. 60, r. 1).

Date of filing to
be marked, etc.
(O. 60, r. 2).

Right to inspect,
etc. certain
documents filed
in Registry
(O. 60, r. 3).

CH.53 – 256] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

4. Where the Court orders any documents to be
lodged in court then, the documents must be deposited in
the Registry.

5. No document filed in or in custody of any office
of the Supreme Court shall be taken out of that office
without the leave of the Court unless the document is to be
sent to another such office.

6. Any deed which by virtue of any Act is required
or authorised to be enrolled in the Supreme Court may be
enrolled in the Registry. In this rule “deed” includes
assurances and other instruments.

ORDER 61
SERVICE OF DOCUMENTS

(R.S.C. 1978)

1. (1) Any document which by virtue of these
Rules is required to be served on any person need not be
served personally unless the document is one which by an
express provision of these Rules or by order of the Court is
required to be so served.

(2) Paragraph (1) shall not affect the power of the
Court under any provision of these Rules to dispense with
the requirement for personal service.

2. Personal service of a document is effected by
leaving a copy of the document with the person to be
served and, if so requested by him at the time when it is
left, showing him —

(a) in the case where the document is a writ or other
originating process, the original; and

(b) in any other case, the original or a certified
copy.

3. Personal service of a document on a body
corporate may, in cases for which provision is not
otherwise made by any enactment, be effected by serving it
in accordance with rule 2 on the president of the body, or
the secretary, treasurer or other similar officer thereof.

4. (1) If, in the case of any document which by
virtue of any provision of these Rules is required to be
served personally on any person, it appears to the Court that
it is impracticable for any reason to serve that document


Deposit of
documents (O.
60, r. 4).

Restriction on
removal of
documents (O.
60, r. 5).

Enrolment of
instruments (O.
60, r. 6).

When personal
service required
(O. 61, r. 1).

Personal service:
how effected (O.
61, r. 2).

Personal service
on body
corporate (O. 61,
r. 3).

Substituted
service (O. 61,
r. 4).

SUPREME COURT [CH.53 – 257



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

personally on that person, the Court may make an order for
substituted service of that document.

(2) An application for an order for substituted service
may be made by an affidavit stating the facts on which the
application is founded.

(3) Substituted service of a document, in relation to
which an order is made under this rule, is effected by
taking such steps as the Court may direct to bring the
document to the notice of the person to be served.

5. (1) Service of any document, not being a
document which by virtue of any provision of these Rules
is required to be served personally, may be effected —

(a) by leaving the document at the proper address of
the person to be served; or

(b) by post; or
(c) in such other manner as the Court may direct.
(2) For the purposes of this rule, the proper address

of any person on whom a document is to be served in
accordance with this rule shall be the address for service of
that person, but if at the time when service is effected that
person has no address for service his address for the
purposes aforesaid shall be —

(a) his post office box, if he has one;
(b) in any case, the business address of the attorney

(if any) who is acting for him in the proceedings
in connection with which service of the
document in question is to be effected; or

(c) in the case of an individual, his usual or last
known address; or

(d) in the case of individuals who are suing or being
sued in the name of a firm, the principal or last
known place of business of the firm within the
jurisdiction; or

(e) in the case of a body corporate, the registered or
principal office of the body.

(3) Nothing in this rule shall be taken as prohibiting
the personal service of any document or as affecting any
enactment which provides for the manner in which
documents may be served on bodies corporate.

Ordinary service:
how effected (O.
61, r. 5).

CH.53 – 258] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

6. Where for the purpose of or in connection with
any proceedings in the Supreme Court, not being civil
proceedings by or against the Crown within the meaning of
Part I of the Crown Proceedings Act, any document is
required by any Act or these rules to be served on the
Minister of a government department which is an
authorised department for the purposes of that Act, or on
such a department or on the Attorney-General, section 13
of the Crown Proceedings Act and Order 69, rule 3, shall
apply in relation to the service of the document as they
apply in relation to the service of documents required to be
served on the Crown for the purpose of or in connection
with any civil proceedings by or against the Crown.

7. Any document (other than a writ of summons or
other originating process) service of which is effected
under rule 2 or under rule 5(1)(b) between 12 noon on a
Saturday and midnight on the following day or after 4 in
the afternoon on any other weekday shall, for the purpose
of computing any period of time after service of that
document, be deemed to have been served on the Monday
following that Saturday or on the day following that other
weekday, as the case may be.

8. An affidavit of service of any document must
state by whom the document was served, the day of the
week and date on which it was served, where it was served
and how.

9. Where by virtue of these Rules any document is
required to be served on any person but is not required to
be served personally, and at the time when service is to be
effected that person is in default as to entry of appearance
or has no address for service, the document need not be
served on that person unless the Court otherwise directs or
any of these Rules otherwise provides.

10. (1) No process shall be served or executed
within the jurisdiction on a Sunday except, in case of
urgency, with the leave of the Court.

(2) For the purpose of this rule “process” includes a
writ, judgment, notice, order, petition, originating or other
summons or warrant.

Service on
Minister, etc., in
proceedings
which are not by
or against the
Crown (O. 61,
r. 6).

Effect of service
after certain
hours (O. 61,
r. 7).

Affidavit of
service (O. 61,
r. 8).

No service
required in
certain cases (O.
61, r. 9).

Service of process
on Sunday (O.
61, r. 10).

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LRO 1/2006 STATUTE LAW OF THE BAHAMAS

ORDER 62
PAPER, PRINTING, NOTICES AND COPIES

(R.S.C. 1978)

1. (1) Unless the nature of the document renders it
impracticable, every document prepared by a party for use
in the Supreme Court must be on paper of durable quality,
11 inches long by 8½ inches wide or A4 ISO 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.

(2) In these Rules the expressions “A3”, “A4” and
“A5” followed by the letters “ISO” mean respectively the
size of paper so referred to in the specifications of the
International Standards Organisation.

2. (1) Except where these Rules otherwise provide,
every document prepared by a party for use in the Supreme
Court must be produced by one of the following means,
that is to say, printing, writing (which must be clear and
legible) and typewriting otherwise than by means of a
carbon, and may be produced partly by one of those means
and partly by another or others of them.

(2) For the purpose of these Rules a document shall
be deemed to be printed if it is produced by type
lithography or stencil duplicating.

(3) Any type used in producing a document for use
as aforesaid must be such as to give a clear and legible
impression and must be no smaller than 11 point type for
printing or elite type for type lithography, stencil
duplicating or typewriting.

(4) Any document produced by a photographic or
similar process giving a positive and permanent
representation free from blemishes shall, to the extent that
it contains a facsimile or any printed, written or typewritten
matter, be treated for the purposes of these Rules as if it
were printed, written or typewritten, as the case may be.

(5) Any notice required by these Rules may not be
given orally except with the leave of the Court.

Quality and size
of paper (O. 62,
r. 1).

S.I. 131/2002.

Regulations as to
printing, etc. (O.
62, r. 2).

CH.53 – 260] SUPREME COURT





STATUTE LAW OF THE BAHAMAS LRO 1/2006

3. (1) Where a document prepared by a party for
use in the Supreme Court is printed, the party by whom it
was prepared must, on receiving a written request from any
party entitled to a copy of that document and on payment
of the proper charges, supply him with such number of
copies thereof, not exceeding 10, as may be specified in the
request.

(2) Where a document prepared by a party for use in
the Supreme Court is written or typewritten, the party by
whom it was prepared must supply any other party entitled
to a copy of it, not being a party on whom it has been
served, with one copy of it and, where the document in
question is an affidavit, of any document exhibited to it.
The copy must be ready for delivery within 48 hours after a
written request for it, together with an undertaking to pay
the proper charges, is received and must be supplied
thereafter on payment of those charges.

4. (1) Before a copy of a document is supplied to a
party under these Rules, it must be indorsed with the name
and address of the party or attorney by whom it was
supplied.

(2) The party by whom a copy is supplied under
rule 3, or, if he sues or appears by an attorney, his attorney,
shall be answerable for the copy being a true copy of the
original or of an office copy, as the case may be.

ORDER 63
CHANGE OF ATTORNEY

(R.S.C. 1978)

1. (1) A party to any cause or matter who sues or
defends by an attorney may change his attorney without an
order for that purpose but, unless and until notice of the
change is filed and copies of the notice are lodged and
served in accordance with this rule, the former attorney
shall, subject to rules 4 and 5, be considered the attorney of
the party until the final conclusion of the cause or matter in
the Supreme Court.

(2) Notice of a change of attorney must be filed, and
a copy thereof lodged in the Registry.

Copies of
documents for
other party (O.
62, r. 3).

Requirements as
to copies (O. 62,
r. 4).

Notice of change
of attorney (O.
63, r. 1).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(3) The party giving the notice must serve on every
other party to the cause, or matter (not being a party in
default as to entry of appearance) and on the former
attorney a copy of the notice indorsed with a memorandum
stating that the notice has been duly filed in the Registry.

(4) The party giving the notice may perform the duties
prescribed by this rule in person or by his new attorney.

2. Where a party, after having sued or defended in
person, appoints an attorney to act in the cause or matter on
his behalf, the change may be made without an order for
that purpose and rules 1(2), (3) and (4) shall, with the
necessary modifications, apply in relation to a notice of
appointment of an attorney as they apply in relation to a
notice of change of attorney.

3. Where a party, after having sued or defended by
an attorney, intends and is entitled to act in person, the
change may be made without an order for that purpose and
rule 1 shall, with the necessary modification, apply in
relation to a notice of intention to act in person as it applies
in relation to a notice of change of attorney except that the
notice of intention to act in person must contain an address
for service of the party giving it.

4. (1) Where —
(a) an attorney who has acted for a party in a cause

or matter has died or become bankrupt or cannot
be found or has been struck off the roll of
attorneys or has been suspended from practising
or has for any other reason ceased to practise;
and

(b) the party has not given notice of change of
attorney or notice of intention to act in person in
accordance with the foregoing provisions of this
Order,

any other party to the cause or matter may apply to the
Court for an order declaring that the attorney has ceased to
be the attorney acting for the first-mentioned party in the
cause or matter, and the Court may make an order
accordingly.

(2) An application for an order under this rule must
be made by summons and the summons must, unless the


Notice of
appointment of
attorney (O. 63,
r. 2).

Notice of
intention to act
in person (O. 63,
r. 3).

Removal of
attorney from
record at instance
of another party
(O. 63, r. 4).

CH.53 – 262] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Court otherwise directs, be served on the party to whose
attorney the application relates. The application must be
supported by an affidavit stating the grounds of the
application.

(3) Where an order is made under this rule the party
on whose application it was made must —

(a) serve on every other party to the cause or matter
(not being a party in default as to entry of
appearance) a copy of the order; and

(b) leave at the Registry a copy of the order and a
certificate signed by him or his attorney that the
order has been duly served as aforesaid.

(4) An order made under this rule shall not affect
the rights of the attorney and the party for whom he acted
as between themselves.

5. (1) Where an attorney who has acted for a party
in a cause or matter has ceased so to act and the party has
not given notice of change in accordance with rule 1, or
notice of intention to act in person in accordance with rule
3, the attorney may apply to the Court for an order
declaring that the attorney has ceased to be the attorney
acting for the party in the cause or matter, and the Court
may make an order accordingly, but unless and until the
attorney —

(a) serves on every party to the cause or matter (not
being a party in default as to entry of
appearance) a copy of the order; and

(b) procures the order to be entered in the Registry;
and

(c) leaves at that office a copy of the order and
certificate signed by him that the order has been
duly served as aforesaid,

he shall, subject to the foregoing provisions of this Order,
be considered the attorney of the party till the final
conclusion of the cause or matter in the Supreme Court.

(2) An application for an order under this rule must
be made by summons and the summons must, unless the
Court otherwise directs, be served on the party for whom
the attorney acted. The application must be supported by
an affidavit stating the grounds of the application.

(3) An order made under this rule shall not affect the
rights of the attorney and the party for whom he acted as
between themselves.

Withdrawal of
attorney who has
ceased to act for
party (O. 63,
r. 5).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

6. (1) Where —
(a) an order is made under rule 4; or
(b) an order is made under rule 5, and the applicant

for that order has complied with rule 5(1),
then, unless and until the party to whose attorney or to
whom, as the case may be, the order or certificate relates
either appoints another attorney and complies with rule 2
or, being entitled to act in person, gives notice of his
intention so to do and complies with rule 3, his last known
address or, where the party is a body corporate, its
registered or principal office, shall, for the purpose of the
service on him of any document not required to be served
personally, be deemed to be his address for service.

PROVISIONS AS TO FOREIGN
PROCEEDINGS

ORDER 64
SERVICE OF FOREIGN PROCESS

(R.S.C. 1978)

1. In this Order “process” includes a citation.

2. (1) This rule applies in relation to the service of
any process required in connection with civil or
commercial proceedings pending before a court or other
tribunal of a foreign country where a letter of request from
such a tribunal requesting service on a person in The
Bahamas of any such process sent with the letter is
received by the appropriate Minister of the Government
and is sent by him to the Supreme Court with an intimation
that it is desirable that effect should be given to the request.

(2) In order that service of the process may be
effected in accordance with this rule the letter of request
must be accompanied by a translation thereof in English,
by 2 copies of the process to be served and by 2 copies of a
translation of the process in English.

(3) Subject to paragraph (4) and to any enactment
which provides for the manner in which documents may be
served on bodies corporate, service of the process shall be
effected by leaving a copy of it and of the translation with
the person to be served. Service shall be effected by the


Address for
service of party
whose attorney is
removed, etc. (O.
63, r. 6).

Definition (O. 64,
r. 1).
Service of foreign
legal process (O.
64, r. 2).

CH.53 – 264] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

process server appointed under rule 5 or his authorised
agent.

(4) Where an application in that behalf is made by
the Attorney-General the Court may make an order for
substituted service of the process, and, where such an order
is made, service of the process shall be effected by taking
such steps as the Court may direct to bring the process to
the notice of the person to be served.

(5) After service of the process has been effected or
(if such be the case) attempts to effect service of it have
failed, the process server shall leave with the Registrar a
copy of the process, an affidavit made by the person who
served, or attempted to serve, the process stating when,
where and how he did or attempted to do so, a copy of that
affidavit and a statement of the costs incurred in effecting,
or attempting to effect, service.

(6) The Registrar shall give a certificate —
(a) identifying the documents annexed thereto, that

is to say, the letter of request for service, a copy
of the process received with the letter and a copy
of the affidavit referred to in paragraph (5);

(b) certifying that the method of service of the
process and the proof of service are such as are
required by the rules of the Supreme Court
regulating the service of process of that Court in
The Bahamas or, if such be the case, that service
of the process could not be effected for the
reason specified in the certificate; and

(c) certifying that the cost of effecting, or attempting
to effect, service, as certified by the Registrar, is
the amount so specified.

(7) The certificate given under paragraph (6) shall
be sealed with the seal of the Supreme Court and shall be
sent to the appropriate Minister of the Government.

3. (1) This rule applies in relation to the service of
any process required in connection with civil or
commercial proceedings pending before a court or other
tribunal of a foreign country, being a country with which
there subsists a Civil Procedure Convention providing for
service in The Bahamas of process of the tribunals of that
country, where a letter of request from a consular or other
authority of that country requesting service on a person in
The Bahamas of any such process sent with the letter is
received by the Registrar.

Service of foreign
legal process
under Civil
Procedure
Convention (O.
64, r. 3).

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(2) In order that service of the process may be
effected in accordance with this rule the letter of request
must be accompanied by a copy of a translation of the
process to be served in English.

(3) Subject to any enactment which provides for the
manner in which documents may be served on bodies
corporate and to any special provisions of the relevant
Civil Procedure Convention, service of the process shall be
effected by leaving the original process or a copy of it, as
indicated in the letter of request, and a copy of the
translation with the person to be served. Service shall be
effected by the process server appointed under rule 5 or his
authorised agent.

(4) After service of the process has been effected or
(if such be the case) attempts to effect service of it have
failed, the process server shall leave with the Registrar an
affidavit made by the person who served, or attempted to
serve, the process stating when, where and how he did or
attempted to do so, and a statement of the costs incurred in
effecting, or attempting to effect, service.

(5) The Registrar shall give a certificate certifying —
(a) that the process or a copy thereof, as the case

may be, was served on the person, at the time,
and in the manner, specified in the certificate or,
if such be the case, that service of the process
could not be effected for the reason so specified;
and

(b) that the cost of effecting, or attempting to effect,
service, as certified by the Registrar, is the
amount so specified.

(6) The certificate given under paragraph (5) shall
be sealed with the seal of the Supreme Court and shall be
sent to the consular or other authority by whom the request
for service was made.

4. A statement of the costs incurred in effecting, or
attempting to effect, service under rule 2 or rule 3 shall be
submitted to the Registrar who shall certify the amount
properly payable in respect of those costs.

5. The Chief Justice may appoint a process server
for the purposes of this Order.

Costs of service,
etc., to be
certified by
Registrar (O. 64,
r. 4).

Appointment of
process server (O.
64, r. 5).

CH.53 – 266] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

ORDER 65
OBTAINING EVIDENCE FOR FOREIGN COURTS,

ETC.
(R.S.C. 1978)

1. (1) Subject to paragraph (2), the power of the
Supreme Court or a judge thereof under any Act to make,
in relation to a matter pending before a court or tribunal in
a place outside the jurisdiction, orders for the examination
of witnesses and for attendance and for production of
documents and to give directions may be exercised by the
Registrar.

(2) The Registrar may not make such an order if the
matter in question is a criminal matter.

2. (1) Subject to paragraph (3) and rule 3, an
application for an order under rule 1 must be made ex parte
by a person duly authorised to make the application on
behalf of the court or tribunal in question and must be
supported by affidavit.

(2) There must be exhibited to the affidavit in
support the letter of request, certificate or other document
evidencing the desire of the court or tribunal to obtain for
the purpose of a matter pending before it the evidence of
the witness to whom the application relates or the
production of any documents and, if that document is not
in the English language, a translation thereof in that
language.

(3) After an application for such an order as is
mentioned in paragraph (1) has been made in relation to a
matter pending before a court or tribunal, an application for
a further order or directions in relation to the same matter
must be made by summons.

3. Where a letter or request, certificate or other
document requesting that the evidence of a witness within
the jurisdiction in relation to a matter pending before a
court or tribunal in a foreign country be obtained —

(a) is received by a Minister of the Government and
sent by him to the Registrar with an intimation
that effect should be given to the request without
requiring an application for that purpose to be
made by the agent in The Bahamas of any party
to the matter pending before the court or
tribunal; or

Jurisdiction of
Registrar to
make order (O.
65, r. 1).

Application for
order (O. 65,
r. 2).

Application by
Attorney-
General in
certain cases (O.
65, r. 3).

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(b) is received by the Registrar in pursuance of a
Civil Procedure Convention providing for the
taking of the evidence of any person in The
Bahamas for the assistance of a court or tribunal
in the foreign country, and no person is named
in the document as the person who will make the
necessary application on behalf of such a party,

the Registrar shall send the document to the Attorney-
General and the Attorney-General may make an applica-
tion for an order and take such other steps as may be
necessary, to give effect to the request.

4. (1) Any order made in pursuance of this Order
for the examination of a witness may order the examination
to be taken before any fit and proper person nominated by
the person applying for the order or before such other
qualified person as to the Court seems fit.

(2) Subject to any special directions contained in
any order made in pursuance of this Order for the
examination of any witness, the examination shall be taken
in manner provided by Order 39, rules 5 to 10 and 11(1) to
(3), and an order may be made under Order 39, rule 14, for
payment of the fees and expenses due to the examiner, and
those rules shall apply accordingly with any necessary
modifications.

(3) If the examination is directed to be taken before
one of the examiners of the Court, Order 39, rules 17, 18
and 19, shall apply in relation to the examination.

5. Unless any order made in pursuance of this
Order for the examination of any witness otherwise directs,
the examiner before whom the examination was taken must
send the deposition of that witness to the Registrar, and the
Registrar shall —

(a) give a certificate sealed with the seal of the
Supreme Court identifying the documents an-
nexed thereto, that is to say, the letter of request,
certificate, or other document from the court or
tribunal out of the jurisdiction requesting the
examination, the order of the Court for exam-
ination and the deposition taken in pursuance of
the order; and

Person to take
and manner of
taking
examination (O.
65, r. 4).

Dealing with
deposition (O.
65, r. 5).

CH.53 – 268] SUPREME COURT





STATUTE LAW OF THE BAHAMAS LRO 1/2002

(b) send the certificate with the documents annexed
thereto to the appropriate Government Minister,
or, where the letter of request, certificate or
other document was sent to the Registrar by
some other person in accordance with a Civil
Procedure Convention to that other person, for
transmission to that court or tribunal.

6. (1) The provisions of this rule shall have effect
where a claim by a witness to be exempt from giving any
evidence on the ground specified in section 6(1)(b) of the
Evidence (Proceedings in Other Jurisdictions) Act, 2000 is
not supported or conceded as mentioned in subsection (2)
of that section.

(2) The examiner may, if he thinks fit, require the
witness to give the evidence to which the claim relates and,
if the examiner does not do so, the court may do so, on the
ex parte application of the person who obtained the order
under section 5 of the Evidence (Proceedings in Other
Jurisdictions) Act, 2000.

(3) If such evidence is taken —
(a) it must be contained in a document separate

from the remainder of the deposition of the
witness;

(b) the examiner shall send to the Registrar with the
deposition a statement signed by the examiner
setting out the claim and the ground on which it
was made;

(c) on receipt of the statement the Registrar shall,
notwithstanding anything in rule 5, retain the
document containing the part of the witness’s
evidence to which the claim relates and shall
send the statement and a request to determine
the claim to the foreign court or tribunal with the
documents mentioned in rule 5;

(d) and if the claim is rejected by the foreign court or
tribunal, the Registrar shall send to that court or
tribunal the document containing that part of the
witness’s evidence to which the claim relates, but
if the claim is upheld the Registrar shall send the
document to the witness, and shall in either case
notify the witness and the person who obtained
the order under section 5 of the Evidence
(Proceedings in Other Jurisdictions) Act, 2000,
the court or tribunal’s determination.

Claim to
privilege (O. 65,
r. 6).
S.I. 4/2001.

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ORDER 66
ARBITRATION PROCEEDINGS

(R.S.C. 1978)
1. (1) Every application to the Court —
(a) to remit an award under section 10 of the

Arbitration Act; or
(b) to remove an arbitrator or umpire under section

11(1) of that Act; or
(c) to set aside an award under section 11(2)

thereof,
must be made by originating motion to a single judge in
court.

(2) A special case stated for the decision of the
Supreme Court by an arbitrator or umpire under section 19
of the Arbitration Act shall be heard and determined by a
single judge.

(3) An application for a declaration that an award
made by an arbitrator or umpire is not binding on a party to
the award on the ground that it was made without
jurisdiction may be made by originating motion to a single
judge in court, but the foregoing provision shall not be
taken as affecting the judge’s power to refuse to make such
a declaration in proceedings begun by motion.

2. (1) Subject to the foregoing provisions of this
Order, the jurisdiction of the Supreme Court or a judge
thereof under the Arbitration Act may be exercised by a
judge in chambers.

(2) An application for an order under section 19 of
the said Act directing an arbitrator or umpire to state a case
must be made by originating summons and the summons
must be served on the arbitrator or umpire and the other
party to the reference.

(3) No appearance need be entered to an originating
summons by which an application under the said Act is
made.

3. (1) An application to the Court —
(a) to remit an award under section 11 of the

Arbitration Act; or
(b) to set aside an award under section 12(2) of that

Act or otherwise,
may be made at any time within 6 weeks after the award
has been made and published to the parties.

Matters for a
judge in court (O.
66, r. 1).

Matters for judge
in chambers or
Registrar (O. 66,
r. 2).

Special
provisions as to
applications to
remit or set aside
an award (O. 66,
r. 3).

CH.53 – 270] SUPREME COURT





STATUTE LAW OF THE BAHAMAS LRO 1/2002

(2) In the case of every such application, the notice
of motion must state in general terms the grounds of the
application; and, where the motion is founded on evidence
by affidavit, a copy of every affidavit intended to be used
must be served with that notice.

4. (1) Service out of the jurisdiction —
(a) of an originating summons for the appointment

of an arbitrator or umpire or for leave to enforce
an award; or

(b) of notice of an originating motion to remove an
arbitrator or umpire or to remit or set aside an
award; or

(c) of any order made on such a summons or motion
as aforesaid,

is permissible with the leave of the Court provided that the
arbitration to which the summons, motion or order relates
is to be, or has been, held within the jurisdiction.

(2) An application for the grant of leave under this
rule must be supported by an affidavit stating the grounds
on which the application is made and showing in what
place or country the person to be served is, or probably
may be found; and no such leave shall be granted unless it
shall be made sufficiently to appear to the Court that the
case is a proper one for seance out of the jurisdiction under
this rule.

(3) Order 11, rules 5, 6 and 7, shall apply in relation
to any such summons, notice or order as is referred to in
paragraph (1) as they apply in relation to notice of a writ.

5. Where an award is made in proceedings on an
arbitration in any part of Her Majesty’s dominions to
which section 6 of the Reciprocal Enforcement of
Judgments Act applies, the Rules of Court (Reciprocal
Enforcement of Judgments) shall apply in relation to the
award as it applies in relation to a judgment given by a
court in that place, subject, however, to the following
modifications —

(a) for references to the country of the original court
there shall be substituted references to the place
where the award was made; and

(b) the affidavit required by rule 3 of the said Rules
must state (in addition to the other matters
required by that rule) that to the best of the
information or belief of the deponent the award
has, in pursuance of the law in force in the place


Service out of the
jurisdiction of
summons, notice,
etc. (O. 66, r. 4).

Registration in
Supreme Court
of foreign awards
(O. 66, r. 5).

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where it was made, become enforceable in the
same manner as a judgment given by a court in
that place.

SPECIAL PROVISIONS AS TO
PARTICULAR PROCEEDINGS

ORDER 67
ADMIRALTY PROCEEDINGS

(R.S.C. 1978)

1. (1) This Order applies to Admiralty causes and
matters, and the other provisions of these Rules apply to
those causes and matters subject to the provisions of this
Order.

(2) In this Order —
“action in rem” means an Admiralty action in rem;
“caveat against arrest” means a caveat entered in the

caveat book under rule 6;
“caveat against release and payment” means a caveat

entered in the caveat book under rule 14;
“caveat book” means the book kept in the Registry in

which caveats issued under this Order are
entered;

“limitation action” means an action by shipowners or
other persons under the Merchant Shipping Act
for the limitation of the amount of their liability
in connection with a ship or other property;

“marshal” means the Admiralty Marshal;
“ship” includes any description of vessel used in

navigation.
2. (1) Every action to enforce a claim for damage,

loss of life or personal injury arising out of —
(a) a collision between ships; or
(b) the carrying out of or omission to carry out a

manoeuvre in the case of one or more of two
ships; or

(c) non-compliance, on the part of one or more of
two or more ships, with the collision regulation;
and

Application and
interpretation
(O. 67, r. 1).

Certain
admiralty actions
(O. 67, r. 2).

CH.53 – 272] SUPREME COURT





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(d) every limitation action, shall be heard by the
Supreme Court.

(2) In this rule “collision regulations” means
regulations made under section 189 of the Merchant Shipping
Act, or any such rules as are mentioned in subsection (3) of
section 289 of that Act.

3. (1) An action in rem must be begun by writ; and
the writ must be in Form No. 1 or 2 in Appendix B,
whichever is appropriate.

(2) Order 6, rule 7, shall apply in relation to a writ
by which an Admiralty action is begun, and Order 12 shall
apply in relation to such an action.

4. (1) Subject to the following provisions of this
rule, service out of the jurisdiction of a writ, or notice of a
writ, containing any such claim as is mentioned in rule 2(1)
is permissible with the leave of the Court if, but only if —

(a) the defendant has his habitual residence or a
place of business within The Bahamas; or

(b) an action arising out of the same incident or
series of incidents is proceeding in the Supreme
Court or has been heard and determined in the
Supreme Court; or

(c) the defendant has submitted or agreed to submit
to the jurisdiction of the Supreme Court.

(2) Order 11, rule 3 and rule 4(1), (2) and (3), shall
apply in relation to an application for the grant of leave
under this rule as they apply in relation to an application
for the grant of leave under rule 1 or 2 of that Order.

(3) Paragraph 1 shall not apply to an action in rem.
(4) The proviso to rule 6(1) of Order 6 and Order

11, rule 1(2), shall not apply to a writ by which any
Admiralty action is begun or to notice of any such writ.

5. (1) After a writ has been issued in an action in
rem a warrant in Form No. 3 in Appendix B for the arrest
of the property against which the action or any
counterclaim in the action is brought may, subject to the
provisions of this rule, be issued at the instance of the
plaintiff or of the defendant, as the case may be.

(2) A party applying for the issue out of the
Registry of a warrant to arrest any property shall procure a
search to be made in the caveat book for the purpose of


Issue of writ and
entry of
appearance (O.
67, r. 3).

Service of writ
out of
jurisdiction (O.
67, r. 4).

Warrant of arrest
(O. 67, r. 5).

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ascertaining whether there is a caveat against arrest in force
with respect to that property.

(3) A warrant of arrest shall not be issued until the
party applying for it has filed a praecipe in Form No. 4 in
Appendix B requesting issue of the warrant together with
an affidavit made by him or his agent containing the
particulars required by paragraphs (6), (7) and (8) so,
however, that the Court may, if it thinks fit, allow the
warrant to issue notwithstanding that the affidavit does not
contain all those particulars.

(4) Except with the leave of the Court, or where
notice has been given under paragraph (11), a warrant of
arrest shall not be issued in an action in rem against a
foreign ship belonging to a port of a State having a
consulate in the Island of New Providence, being an action
for the possession of the ship or for wages, until notice that
the action has been begun has been sent to the consul.

(5) Except with the leave of the Court, a warrant of
arrest shall not be issued in an action in rem in which there
is a claim arising out of bottomry until the bottomry bond
and, if the bond is in a foreign language, a notarial
translation thereof is produced to the Registrar.

(6) Every affidavit must state —
(a) the name, address and occupation of the

applicant for the warrant;
(b) the nature of the claim or counterclaim in

respect of which the warrant is required and that
it has not been satisfied; and

(c) the nature of the property to be arrested and, if
the property is a ship, the name of the ship and
the port to which she belongs.

(7) Every affidavit in an action in rem for
possession of a ship or for wages must state the nationality
of the ship against which the action is brought and that the
notice (if any) required by paragraph (5) has been sent. A
copy of any such notice must be annexed to the affidavit.

(8) An affidavit in such an action as is referred to in
paragraph (6), must have exhibited thereto a certified copy
of the bottomry bond, or of the translation thereof.

6. (1) A person who desires to prevent the arrest of
any property must file in the Registry a praecipe, in Form
No. 5 in Appendix B, signed by him or his attorney
undertaking —

Caveat against
arrest (O. 67, r.
6).

CH.53 – 274] SUPREME COURT





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(a) to enter an appearance in any action that may be
begun against the property described in the
praecipe; and

(b) within 3 days after receiving notice that such an
action has been begun, to give bail in the action
in a sum not exceeding an amount specified in
the praecipe or to pay the amount so specified
into court; and on the filing of the praecipe a
caveat against the issue of a warrant to arrest the
property described in the praecipe shall be
entered in the caveat book.

(2) The fact that there is a caveat against arrest in
force shall not prevent the issue of a warrant to arrest the
property to which the caveat relates.

7. Where any property with respect to which a
caveat against arrest is in force is arrested in pursuance of a
warrant of arrest, the party at whose instance the caveat
was entered may apply to the Court by motion for an order
under this rule and, on the hearing of the application, the
Court, unless it is satisfied that the party procuring the
arrest of the property had a good and sufficient reason for
so doing, may by order discharge the warrant and may also
order the last-mentioned party to pay to the applicant
damages in respect of the loss suffered by the applicant as
a result of the arrest.

8. (1) Subject to paragraph (2), a writ by which an
action in rem is begun must be served on the property
against which the action is brought except —

(a) where the property is freight, in which case it
must be served on the cargo in respect of which
the freight is payable or on the ship in which that
cargo was carried; or

(b) where that property has been sold and the
proceeds of sale paid into court, in which case it
must be served on the Registrar.

(2) A writ need not be served on the property or
Registrar mentioned in paragraph (1) if the writ is deemed
to have been duly served on the defendant by virtue of
Order 10, rule 1(2) or (3).

(3) Where by virtue of this rule a writ is required to
be served on any property, the plaintiff may request service
of the writ to be effected by the marshal if, but only if, a
warrant of arrest has been issued for service against the


Remedy where
property
protected by
caveat is arrested
(without good
and sufficient
reason) (O. 67,
r. 7).

Service of writ in
action in rem
(O. 67, r. 8).

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property or the property is under arrest, and in that case the
plaintiff must file in the Registry and lodge —

(a) the writ and a copy thereof; and
(b) an undertaking to pay on demand all expenses

incurred by the marshal or his substitute in
respect of the service of the writ,

and thereupon the marshal or his substitute shall serve the
writ on the property described in the praecipe.

(4) Where the plaintiff in an action in rem, or his
attorney, becomes aware that there is in force a caveat
against arrest with respect to the property against which the
action is brought, he must serve the writ forthwith on the
person at whose instance the caveat was entered.

(5) Where a writ by which an action in rem is begun
is amended under Order 20, rule 1, after service thereof,
Order 20, rule 1(2), shall not apply and, unless the Court
otherwise directs on an application made ex parte, the
amended writ must be served on any defendant who has
entered an appearance in the action or, if no defendant has
entered an appearance therein, on the property or Registrar
mentioned in paragraph (1) of this rule.

9. Where the attorney of a party to an action in rem
fails to comply with a written undertaking given by him to
any other party or his attorney to enter an appearance in the
action, give bail or pay money into court in lieu of bail, he
shall be liable to committal.

10. (1) A warrant of arrest is valid for 12 months
beginning with the date of its issue.

(2) A warrant of arrest may be executed only by the
marshal or his substitute.

(3) A warrant of arrest shall not be executed until an
undertaking in writing, satisfactory to the marshal to pay
the fees and expenses of the marshal has been lodged in the
marshal’s office.

(4) A warrant of arrest shall be not be executed if
the party at whose instance it was issued lodges a written
request to that effect with the marshal.

(5) A warrant of arrest issued against freight may be
executed by serving the warrant on the cargo in respect of
which the freight is payable or on the ship in which that
cargo was carried or on both of them.

Committal of
attorney failing
to comply with
undertaking (O.
67, r. 9).

Execution, etc.,
of warrant of
arrest (O. 67,
r. 10).

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STATUTE LAW OF THE BAHAMAS LRO 1/2002

(6) Subject to paragraph (5), a warrant of arrest
must be served on the property against which it is issued.

(7) Within 7 days after the service of a warrant of
arrest, the warrant must be filed in the Registry by the
marshal.

11. (1) Subject to paragraph (2), service of a warrant
of arrest or writ in an action in rem against a ship, freight
or cargo shall be effected by —

(a) affixing the warrant or writ for a short time on
any mast of the ship or on the outside of any
suitable part of the ship’s superstructure; and

(b) on removing the warrant or writ, leaving a copy
of it affixed (in the case of the warrant) in its
place or (in the case of the writ) on a sheltered
conspicuous part of the ship.

(2) Service of a warrant of arrest or writ in an action
in rem against freight or cargo or both shall, if the cargo
has been landed or trans-shipped, be effected —

(a) by placing the warrant or writ for a short time on
the cargo, and, on removing the warrant or writ,
leaving a copy of it on the cargo; or

(b) if the cargo is in the custody of a person who
will not permit access to it, by leaving a copy of
the warrant or writ with that person.

12. (1) The marshal may at any time apply to the
Court for directions with respect to property under arrest in
an action and may, or, if the Court so directs, shall, give
notice of the application to any or all of the parties to every
action against the property.

(2) The marshal shall send a copy of any order
made under paragraph (1) to all the parties to every action
against the property to which the order relates.

13. (1) Except where property arrested in pursuance
of a warrant of arrest is sold under an order of the Court,
property which has been so arrested shall be released only
under the authority of an instrument of release (in this rule
referred to as a “release”), in Form No. 7 in Appendix B,
issued out of the Registry.

(2) A party at whose instance any property was
arrested may, before an appearance is entered in the action,
file a notice withdrawing the warrant of arrest and, if he
does so, a release shall, subject to paragraphs (3) and (5),
be issued with respect to that property.

Service on ships,
etc.: how effected
(O. 67, r. 11).

Applications
with respect to
property under
arrest (O. 67,
r. 12).

Release of
property under
arrest (O. 67,
r. 13).

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(3) Unless the Court otherwise orders, a release
shall not be issued with respect to property as to which a
caveat against release is in force.

(4) A release may be issued at the instance of a
party interested in the property under arrest if the Court so
orders, or, subject to paragraph (3), if all the other parties
to the action in which the warrant of arrest was issued
consent.

(5) Before a release is issued the party entitled to its
issue must —

(a) if there is a caveat against release in force as to
the property in question, give notice to the party
at whose instance it was entered or his attorney
requiring the caveat to be withdrawn; and

(b) file a praecipe in Form No. 8 in Appendix B
requesting issue of a release.

(6) Before property under arrest is released in
compliance with a release issued under this rule, the party
at whose instance it was issued must, in accordance with
the directions of the marshal either —

(a) pay the fees of the marshal already incurred and
lodge in the marshal’s office an undertaking to
pay on demand the other fees and expenses in
connection with the arrest of the property and
the care and custody of it while under arrest and
of its release; or

(b) lodge in the marshal’s office an undertaking to
pay on demand all such fees and expenses,
whether incurred or to be incurred.

(7) The Court, on the application of any party who
objects to directions given to him by the marshal under
paragraph (6), may vary or revoke the directions.

14. (1) A person who desires to prevent the release
of any property under arrest in an action in rem and the
payment out of the court of any money in court
representing the proceeds of sale of that property, must file
in the Registry a praecipe as caveat against the issue of a
release with respect to that property and the payment out of
court of that money shall be entered in the caveat book.

(2) Where the release of any property under arrest is
delayed by the entry of a caveat under this rule, any person
having an interest in that property may apply to the Court
by motion for an order requiring the person who procured
the entry of the caveat to pay to the applicant damages in


Caveat against
release and
payment (O. 67,
r. 14).

S.I. 65/1979.

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STATUTE LAW OF THE BAHAMAS LRO 1/2002

respect of the loss suffered by the applicant by reason of
the delay, and the Court, unless it is satisfied that the
person procuring the entry of the caveat had a good and
sufficient reason for so doing, may make an order
accordingly.

15. (1) Every caveat entered in the caveat book is
valid for 6 months beginning with the date of its entry but
the person at whose instance a caveat was entered may
withdraw it by filing a praecipe in Form No. 10 of
Appendix B.

(2) The period of validity of a caveat may not be
extended but this provision shall not be taken as preventing
the entry of successive caveats.

16. (1) Bail on behalf of a party to an action in rem
must be given by bond in Form No. 11 in Appendix B; and
the sureties to the bond must enter into the bond before a
notary public not being a notary public who, or whose
partner, is acting as attorney or agent for the party on
whose behalf the bail is to be given, or before the registrar
or any deputy or assistant registrar.

(2) Subject to paragraph (3), a surety to a bail bond
must make an affidavit stating that he is able to pay the
sum for which the bond is given.

(3) Where a corporation is a surety to a bail bond
given on behalf of a party, no affidavit shall be made under
paragraph (2) on behalf of the corporation unless the
opposite party requires it, but where such an affidavit is
required it must be made by a director, manager, secretary
or other similar officer of the corporation.

(4) The party on whose behalf bail is given must
serve on the opposite party a notice of bail containing the
names and addresses of the persons who have given bail on
his behalf and of the notary public or the registrar before
whom the bail bond was entered into; and after the
expiration of 24 hours from the service of the notice (or
sooner with the consent of the opposite party) he may file
the bond and must at the same time file the affidavits (if
any) made under paragraph (2) and an affidavit proving
due service of the notice of bail to which a copy of that
notice must be exhibited.

17. (1) Where property against which an action in
rem is brought is under arrest or money representing the
proceeds of sale of that property is in court, a person who


Duration of
caveats
(O. 67, r. 15)
S.I. 65/1979.

Bail (O. 67, r. 16)
S.I. 65/1979.

Interveners (O.
67, r. 17).

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has an interest in that property or money but who is not a
defendant to the action may, with the leave of the Court,
intervene in the action.

(2) An application for the grant of leave under this
rule must be made ex parte by affidavit showing the
interest of the applicant in the property against which the
action is brought or in the money in court.

(3) A person to whom leave is granted to intervene
in an action must enter an appearance therein in the
Registry within the period specified in the order granting
leave; and Order 12, rules 1 to 3, shall, with the necessary
modifications, apply in relation to the entry of appearance
by an intervener as if he were a defendant named in the
writ.

(4) The Court may order that a person to whom it
grants leave to intervene in an action shall, within such
period as may be specified in the order, serve on every
other party to the action such pleading as may be so
specified.

18. (1) In an action to enforce a claim for damage,
loss of life or personal injury arising out of a collision
between ships, unless the Court otherwise orders, the
plaintiff must, within 2 months after issue of the writ, and
the defendant must, within 2 months after entering an
appearance in the action, and before any pleading is served,
lodge in the Registry a document (in these Rules referred to
as a preliminary act) containing a statement of the following
particulars —

(i) the names of the ships which came into collision
and their ports of registry;

(ii) the date and time of the collision;
(iii) the place of the collision;
(iv) the direction and force of the wind;
(v) the state of the weather;
(vi) the state, direction and force of the tidal or other

current;
(vii) the course steered and speed through the water

of the ship when the other ship was first seen or
immediately before any measures were taken
with reference to her presence, whichever was
the earlier;

(viii) the lights (if any) carried by the ship;
(ix) (a) the distance and bearing of the other ship if

and when her echo was first observed by
radar;

Preliminary acts
(O. 67, r. 18).

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STATUTE LAW OF THE BAHAMAS LRO 1/2002

(b) the distance, bearing and approximate
heading of the other ship when first seen;

(x) what light or combination of lights (if any) of
the other ship was first seen;

(xi) what other lights or combinations of lights (if
any) of the other ship were subsequently seen
before the collision, and when;

(xii) what alterations (if any) were made to the course
and speed of the ship after the earlier of the two
times referred to in article (vii) up to the time of
the collision, and when, and what measures (if
any), other than alterations of course or speed,
were taken to avoid the collision, and when;

(xiii) the parts of each ship which first came into
contact and the approximate angle between the
two ships at the moment of contact;

(xiv) what sound signals (if any) were given, and
when;

(xv) what sound signals (if any) were heard from the
other ship, and when.

(2) Every preliminary act shall be sealed by the
proper officer and shall be filed in a closed envelope
(stamped with an official stamp showing the date of filing)
and, unless the Court otherwise orders, no envelope shall
be opened until the pleadings are closed and a consent
signed by each of the parties or his attorney to the opening
of the preliminary acts is filed with the proper officer.

(3) Where the Court orders the preliminary acts to be
opened, the Court may further order the action to be tried
without pleadings but, where the Court orders the action to
be so tried, any party who intends to rely on the defence of
compulsory pilotage must give notice of his intention to do
so to the other parties within 7 days after the opening of the
preliminary acts.

(4) Where the Court orders the action to be tried
without pleadings, it may also order each party, within
such period as may be specified in the order, to file a
statement of the grounds on which he charges any other
party with negligence in connection with the collision and
to serve a copy thereof on that other party.

(5) Order 18, rule 1, shall not apply to an action in
which preliminary acts are required but, unless the Court
orders the action to be tried without pleadings, the plaintiff
must serve a statement of claim on each defendant within


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14 days after the latest date on which the preliminary act of
any party to the action is filled.

19. (1) Where in such an action as is referred to in
rule 18(1) the plaintiff fails to lodge a preliminary act
within the prescribed period, any defendant who has
lodged such an act may apply to the Court by summons for
an order to dismiss the action, and the Court may by order
dismiss the action or make such other order on such terms
as it thinks just.

(2) Where in such an action, being an action in
personam, a defendant fails to lodge a preliminary act
within the prescribed period, Order 19, rules 2 and 3, shall
apply as if the defendant’s failure to lodge the preliminary
act within that period was a failure by him to serve a
defence on the plaintiff within the period fixed by or under
these Rules for service thereof, and the plaintiff, if he has
lodged a preliminary act may, subject to Order 69, rule 7,
accordingly enter judgment against the defendant in
accordance with the said rule 2 or the said rule 3, as the
circumstances of the case require.

(3) Where in such an action, being an action in rem,
a defendant fails to lodge a preliminary act within the
prescribed period, the plaintiff, if he has lodged such an
act, may apply to the Court by motion for judgment against
that defendant, and it shall not be necessary for the plaintiff
to file or serve a statement of claim or an affidavit before
the hearing of the motion.

(4) On the hearing of a motion under paragraph (3)
the Court may make such order as it thinks just, and where
the defendant does not appear on the hearing and the Court
is of opinion that judgment should be given for the plaintiff
provided he proves his case, it shall order the plaintiff’s
preliminary act to be opened and require the plaintiff to
satisfy the Court that his claim is well founded. The
plaintiff’s evidence may, unless the Court otherwise orders,
be given by affidavit without any order or direction in that
behalf.

(5) Where the plaintiff in accordance with a
requirement under paragraph (4) satisfies the Court that his
claim is well founded, the Court may give judgment for the
claim with or without a reference to the Registrar and may
at the same time order the property against which the
action is brought to be appraised and sold and the proceeds
to be paid into court or make such order as it thinks just.

(6) The Court may, on such terms as it thinks just,
set aside any judgment entered in pursuance of this rule.

Failure to lodge
preliminary act:
proceedings
against party in
default (O. 67,
r. 19).

CH.53 – 282] SUPREME COURT





STATUTE LAW OF THE BAHAMAS LRO 1/2002

(7) In this rule references to the prescribed period
shall be construed as references to the period within which
by virtue of rule 18(1) or of any order of the Court the
plaintiff or defendant, as the context of the reference
requires, is required to lodge a preliminary act.

20. (1) Notwithstanding anything in Order 18 rule 3,
the plaintiff in any such action as is referred to in rule 2(1)
may not serve a reply or a defence to counterclaim on the
defendant except with the leave of the Court.

(2) If in such an action there is a counterclaim and
no defence to counterclaim by the plaintiff, then,
notwithstanding Order 18, rule 14(3), but without prejudice
to the other provisions of that rule, there is an a implied
joinder of issue on the counterclaim, and the joinder of
issue operates as a denial of every material allegation of
fact made in the counterclaim.

21. (1) Where a writ is served under rule 8(4) on a
party at whose instance a caveat against arrest was issued,
then if —

(a) the sum claimed in the action begun by the writ
does not exceed the amount specified in the
undertaking given by that party or his attorney to
procure the entry of the caveat; and

(b) that party or his attorney does not within 14 days
after service of the writ fulfil the undertaking
given by him as aforesaid,

the plaintiff may, after filing an affidavit verifying the facts
on which the action is based, apply to the Court for
judgment by default.

(2) Judgment given under paragraph (1) may be
enforced by the arrest of the property against which the
action was brought and by committal of the party at whose
instance the caveat with respect to that property was entered.

(3) Where a defendant to an action in rem fails to
enter an appearance within the time limited for appearing,
then, on the expiration of 14 days after service of the writ
and upon filing an affidavit proving due service of the writ,
an affidavit verifying the facts on which the action is based
and, if a statement of claim was not indorsed on the writ, a
copy of the statement of claim, the plaintiff may apply to
the Court for judgment by default.

Where the writ is deemed to have been duly served
on the defendant by virtue of Order 10, rule 1(2), or was
served on the Registrar under rule 8 of this Order, an


Special
provisions as to
pleadings in
collision, etc.,
actions (O. 67,
r. 20).

Judgment by
default (O. 67,
r. 21).

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affidavit proving due service of the writ need not be filed
under this paragraph, but the writ indorsed as mentioned in
the said rule 1(2) or indorsed by the Registrar with a
statement that he accepts service of the writ must be lodged
with the affidavit verifying the facts an which the action is
based.

(4) Where a defendant to an action in rem fails to
serve a defence on the plaintiff, then, after the expiration of
the period fixed by or under these Rules for service of the
defence and upon filing an affidavit stating that no defence
was served on him by that defendant during that period, an
affidavit verifying the facts on which the action is based
and, if a statement of claim was not indorsed on the writ, a
copy of the statement of claim, the plaintiff may apply to
the Court for judgment by default.

(5) Where a defendant to a counterclaim in an
action in rem fails to serve a defence to counterclaim on
the defendant making the counterclaim, then, subject to
paragraph (6), after the expiration of the period fixed by or
under these Rules for service of the defence to
counterclaim and upon filing an affidavit stating that no
defence to counterclaim was served on him by the first-
mentioned defendant during that period, an affidavit
verifying the facts on which the counterclaim is based and
a copy of the counterclaim, the defendant making the
counterclaim may apply to the Court for judgment by
default.

(6) No application may be made under paragraph
(5) against the plaintiff in any such action as is referred to
in rule 2(1)(a).

(7) An application to the Court under this rule must
be made by motion and if, on the hearing of the motion, the
Court is satisfied that the applicant’s claim is well founded
it may give judgment for the claim with or without a
reference to the Registrar and may at the same time order
the property against which the action or, as the case may
be, counterclaim is brought to be appraised and sold and
the proceeds to be paid into court or may make such other
order as it thinks just.

(8) In default actions in rem evidence may, unless
the Court otherwise orders, be given by affidavit without
any order or direction in that behalf.

(9) The Court may, on such terms as it thinks just,
set aside or vary any judgment entered in pursuance of this
rule.

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STATUTE LAW OF THE BAHAMAS LRO 1/2002

(10) Order 13 and Order 19 (except rule 1) shall not
apply to actions in rem.

22. (1) Where in an action in rem against a ship the
Court has ordered the ship to be sold, any party who has
obtained or obtains judgment against the ship or proceeds
of sale of the ship may —

(a) in a case where the order for sale contains the
further order referred to in paragraph (2), after
the expiration of the period specified in the order
under paragraph (2)(a); or

(b) in any other case, after obtaining judgment,
apply to the Court by motion for an order determining the
order of priority of the claims against the proceeds of sale
of the ship.

(2) Where in an action in rem against a ship the
Court orders the ship to be sold, it may further order —

(a) that the order of priority of the claims against
the proceeds of the sale of the ship shall not be
determined until after the expiration of 90 days,
or of such other period as the Court may specify,
beginning with the day on which the proceeds of
sale are paid into Court;

(b) that any party to the action or to any other action
in rem against the ship or the proceeds of sale
thereof may apply to the Court in the action to
which he is a party to extend the period
specified in the order;

(c) that within 7 days after the date of payment into
court of the proceeds of sale the marshal shall
send for publication in Lloyd’s List and
Shipping Gazette and such other newspaper, if
any, as the Court may direct, a notice complying
with paragraph (3).

(3) The notice referred to in paragraph (2)(c) must
state —

(a) that the ship (naming her) has been sold by order
of the Supreme Court in an action in rem,
identifying the action;

(b) that the gross proceeds of the sale, specifying
the amount thereof, have been paid into court;

(c) that the order of priority of the claims against
the said proceeds will not be determined until
after the expiration of the period (specifying it)
specified in the order for sale; and

Order for sale of
ship:
determination of
priority of claims
(O. 67, r. 22).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(d) that any person with a claim against the ship or
the proceeds of sale thereof, on which he intends
to proceed to judgment should do so before the
expiration of that period.

(4) The marshal must lodge in the Registry a copy
of each newspaper in which the notice referred to in
paragraph (2)(c) appeared.

(5) The expenses incurred by the marshal in compl-
ying with an order of the Court under this rule shall be
included in his expenses relating to the sale of the ship.

(6) An application to the Court to extend the period
referred to in paragraph (2)(a) must be made by motion,
and a copy of the notice of motion, must, at least 3 days
before the day fixed for the hearing thereof, be served on
each party who has begun an action in rem against the ship
or the proceeds of sale thereof.

(7) In this rule “the Court” means a judge in person.
23. (1) A commission for the appraisement and sale

of any property under an order of the Court shall not be
issued until the party applying for it has filed a praecipe in
Form No. 12 in Appendix B.

(2) Such a commission must, unless the Court
otherwise orders, be executed by the marshal and must be
in Form No. 13 in Appendix B.

(3) A commission for appraisement and sale shall
not be executed until an undertaking in writing satisfactory
to the marshal to pay the fees and expenses of the marshal
on demand has been lodged in the marshal’s office.

(4) The marshal shall pay into court the gross
proceeds of the sale of any property sold by him under a
commission for sale and shall bring into court the account
relating to the sale (with vouchers in support) for taxation.

(5) On the taxation of the marshal’s account relating
to a sale any person interested in the proceeds of the sale
shall be entitled to be heard, and any decision of the
Registrar made on the taxation to which objection is taken
may be reviewed in the same manner and by the same
persons as any decisions of the Registrar made in taxation
proceedings under Order 59, and rules 31 to 33 of that
Order shall apply accordingly with the necessary modifica-
tions.

Appraisement
and sale of
property (O. 67,
r. 23).

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

24. (1) Order 22 (except rules 3, 4, 5 and 12) shall
apply in relation to an Admiralty action as it applies to an
action for debt or damages.

(2) Subject to paragraph (3), money paid into court
shall not be paid out except in pursuance of an order of a
judge in person.

(3) The Registrar may, with the consent of the parties
interested in money paid into court, order the money to be
paid out to the person entitled thereto in the following cases,
that is to say —

(a) where a claim has been referred to the Registrar
for decision and all the parties to the reference
have agreed to accept the Registrar’s decision
and to the payment out of any money in court in
accordance with that decision;

(b) where property has been sold and the proceeds
of sale thereof paid into court, and the parties are
agreed as to the persons to whom the proceeds
shall be paid and the amount to be paid to each
of those persons;

(c) where in any other case there is no dispute
between the parties.

(4) Where in an Admiralty action money has been
paid into court pursuant to an order made under Order 29,
rule 12, the Registrar may make an order under paragraph
(3) of that rule for the money to be paid out to the person
entitled thereto.

25. (1) Order 25 shall apply to Admiralty actions
(other than limitation actions and actions ordered to be
tried as Admiralty short causes) as it applies to other
actions, except that —

(a) the summons for directions shall be returnable in
not less than seven weeks;

(b) any notice under Order 25, rule 7(1), must be
served within 21 days after service of the
summons for directions on the party giving the
notice; and

(c) unless a judge in person otherwise directs, the
summons for directions shall be heard by a judge
in person. On the day on which any party serves
on any other party a notice under Order 25, rule 7,
he must lodge two copies of the notice in the
Registry.

Payment into
and out of court
(O. 67, r. 24).

Application of
Order 25
(O. 67, r. 25).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(2) An order made on the summons for directions
shall determine whether the trial is to be without assessors
or with one or more assessors, nautical assessors or other
assessors.

(3) The trial shall be in the Supreme Court before a
judge without a jury unless, on the ground that there are
special reasons to the contrary, an order made on the
summons for directions otherwise provides.

(4) An order may be made on the summons for
directions, or a direction may be given at the trial, limiting
the witnesses who may be called at the trial, whether they
are expert witnesses or not.

(5) Any such order or direction as is referred to in
paragraph (2), (3) or (4) (including an order made on
appeal) may be varied or revoked by a subsequent order or
direction made or given at or before the trial by a judge in
person or, with the judge’s consent, by the Registrar.

26. (1) The Court may at any stage of an action,
either on an application made by summons by any party or
by order made by virtue of rule 35, fix a date for the trial
and vacate or alter any such date.

(2) Not later than 7 days after a date for the trial of
the action has been fixed, the action must be set down for
trial —

(a) where the date was fixed on an application made
under paragraph (1), by the applicant;

(b) where the date was fixed by order made by
virtue of rule 34, by the plaintiff. Where the
applicant or plaintiff does not, within the period
fixed by this paragraph, set the action down for
trial, any other party may set it down or an
application may be made to the Court to dismiss
the action for want of prosecution and, on the
hearing of any such application, the Court may
order the action to be dismissed accordingly or
make such other order as it thinks just.

(3) Not less than 7 days before the date fixed for the
trial, or such other period before that date as may be
specified in general directions given by the Chief Justice,
the party by whom the action was set down for trial must,
unless the Court otherwise orders, file in the Registry —

Fixing date for
trial, etc. (O. 67,
r. 26).

CH.53 – 288] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(a) if trial with one or more assessors has been
ordered, a praecipe for his or their attendance;
and

(b) three copies or, in the case of a trial with one or
more assessors, four copies (if with one
assessor) and five copies (if with two) of any
pleadings, preliminary acts, notices given under
rule 18(3) and statements filed under rule 18(4).

(4) If an action which has been set down for trial is
settled or withdrawn it shall be the duty of all the parties to
notify the Registry of the fact without delay and take such
steps as may be necessary to vacate the date fixed for the
trial.

(5) Order 21, rule 2(4), Order 33, rule 4, and Order
34 (except rule 9) shall not apply to Admiralty actions.

27. Where an action in rem, being an action to
enforce any such claim as is referred to in rule 2(1)(a), is
begun and a cross action in rem arising out of the same
collision or other occurrence as the first mentioned action
is subsequently begun, or a counterclaim arising out of that
occurrence is made in the first mentioned action, then —

(a) if the ship in respect of or against which the first
mentioned action is brought has been arrested or
security given to prevent her arrest; but

(b) the ship in respect of or against which the cross
action is brought or the counterclaim made
cannot be arrested and security has not been
given to satisfy any judgment given in favour of
the party bringing the cross action or making the
counterclaim,

the Court may stay proceedings in the first-mentioned
action until security is given to satisfy any judgment given
in favour of that party.

28. Without prejudice to its powers under Order 29, rules
2 and 3, and Order 35, rule 5, the Court may, on the application of
any party, make an order for the inspection by the assessors (if the
action is tried with assessors), or by any party or witness, of any
ship or other property, whether real or personal, the inspection of
which may be necessary or desirable for the purpose of obtaining
full information or evidence in connection with any issue in the
action.

Stay of
proceedings in
collision, etc.
actions until
security given (O.
67, r. 27).

Inspection of
ship, etc. (O. 67,
r. 28).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

29. (1) The power conferred by Order 39, rule 1,
shall extend to the making of an order authorising the
examination of a witness or person on oath before a judge
sitting in court as if for the trial of the cause or matter,
without that cause or matter having been set down for trial
or called on for trial.

(2) The power conferred by the said rule 1 shall also
extend to the making of an order, with the consent of the
parties, providing for the evidence of a witness being taken
as if before an examiner, but without an examiner actually
being appointed or being present.

(3) Where an order is made under paragraph (2), it
may make provision for any consequential matters and,
subject to any provision so made, the following provisions
shall have effect —

(a) the party whose witness is to be examined shall
provide a shorthand writer to take down the
evidence of the witness;

(b) any representative, being counsel or attorney, of
either of the parties shall have authority to
administer the oath to the witness;

(c) the shorthand writer need not himself be sworn
but shall certify in writing as correct a transcript
of his notes of the evidence and deliver it to the
attorney for the party whose witness was
examined, and that attorney shall file it in the
Registry;

(d) unless the parties otherwise agree or the Court
otherwise orders, the transcript or a copy thereof
shall, before the transcript is filed, be made
available to the counsel or other persons who
acted as advocates at the examination, and if any
of those persons is of opinion that the transcript
does not accurately represent the evidence he
shall make a certificate specifying the corrections
which in his opinion should be made therein, and
that certificate must be filed with the transcript.

(4) In actions in which preliminary acts fall to be filed
under rule 18, an order shall not be made under Order 39, rule
1, authorising any examination of a witness before the
preliminary acts have been filed, unless for special reasons
the Court thinks fit so to direct.

Examination of
witnesses and
other persons (O.
67, r. 29).

CH.53 – 290] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(5) The Chief Justice may appoint such number of
attorneys as he thinks fit to act as examiners of the Court in
connection with Admiralty causes and matters, and may
revoke any such appointment.

(6) Order 39, rules 16 to 19, shall not apply in
relation to examiners of the Court appointed under
paragraph (5).

30. (1) Where any defendant has entered an appearance
in an Admiralty action, the plaintiff or that defendant may,
within 7 days after the entry of the appearance, apply by
summons, returnable before the Registrar for an order that the
action be tried as an Admiralty short cause.

(2) The summons shall be served on every other
party to the action not less than 7 days before the hearing.

(3) On the hearing of the application the Registrar
may, if he decides to make an order under paragraph (1) —

(a) exercise any power which could be exercised
under Order 18, rule 21, or Order 67, rule 18(4),
on an application for the trial of the action
without pleadings or further pleadings;

(b) abridge the period within which a person is
required or authorised by these Rules to do any
act in the proceedings and fix the period within
which any notice under Order 38, rule 20, must
be served;

(c) in the case of such an action as is referred to in
rule 18(1), fix the time within which, notwith-
standing the provisions of that rule, preliminary
acts are to be lodged;

(d) require the parties to the action to make mutual
discovery of documents notwithstanding that the
action is ordered to be tried without pleadings;

(e) if the parties so agree, order that the evidence in
support of their respective cases may be given in
whole or in part by the production of documents
or entries in books;

(f) give such directions as could be given on a
summons for directions in the action; and

(g) fix a date for the trial of the action.
(4) The party taking out a summons under this rule

shall include in it an application for such orders or
directions as he desires the Registrar to make or give in the
exercise of the powers set out in paragraph (3), and any
party on whom the summons is served shall, within 3 days


Trial as an
Admiralty short
cause (O. 67,
r. 30).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

after service of the summons on him, give notice to every
other party of any other order or direction he desires the
Registrar to make or give as aforesaid and lodge a copy of
such notice in the Registry.

(5) An application for an order under Order 18, rule
21, that an Admiralty action be tried without pleadings or
further pleadings shall be made by way of an application
for an order under paragraph (1) and not otherwise.

(6) Where an order is made under paragraph (1), the
writ or originating summons by which the action was
begun shall be marked in the top left-hand corner
“Admiralty Short Cause”.

(7) Any application subsequent to a summons under
paragraph (1) and before judgment as to any matter capable
of being dealt with on an interlocutory application in the
action shall be made under the summons by 2 clear days’
notice to the other party stating the grounds of the
application.

31. (1) Notwithstanding anything in Order 38, rule
8, rules 1, 2 and 4 of that Order shall not apply to a
reference to the Registrar.

(2) Unless the Court otherwise directs, Order 38,
rule 30(1), shall not apply in relation to any statement
which is admissible in evidence by virtue of section 2, 4 or
5 of the Civil Evidence Act 1968 of England and which an
applicant for judgment in default under rule 20 desires to
give in evidence at the hearing of the motion by which the
application for judgment is made.

(3) In any Admiralty action in which a summons for
directions is required by virtue of rule 25 or rule 37(7) to
be taken out, any notice under Order 38, rule 20, must, if
given by the party who takes out that summons, be served
with that summons and if, given by any other party, be
served within 21 days after service of the summons for
directions on him.

(4) In any proceedings on a reference to the
Registrar any notice under Order 38, rule 20, must be
served not less than 6 weeks before the day appointed for
the hearing of the reference.

(5) On the day on which any party serves on any
other party a notice under Order 38, rule 20, or a counter-
notice under Order 38, rule 25, he must lodge two copies of
the notice or counter-notice in the Registry.

Further
provisions with
respect to
evidence (O. 67,
r. 31).

CH.53 – 292] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(6) Unless the Court otherwise directs, an affidavit
for the purposes of rule 19(4), 21 or 37(2) may, except in
so far as it relates to the service of a writ, contain
statements of information or belief with the source and
grounds thereof.

32. (1) Proceedings for the apportionment of salvage
the aggregate amount of which has already been
ascertained shall be begun by originating motion.

(2) The notice of such motion, together with the
affidavits in support thereof, must be filed in the Registry 7
days at least before the hearing of the motion, unless the
Court gives leave to the contrary, and a copy of the notice
and of the affidavits must be served on all the other parties
to the proceedings before the originals are filed.

(3) On the hearing of the motion the judge may
exercise any of the jurisdiction conferred by the Merchant
Shipping Act.

33. (1) Notice of a motion in any action, together
with the affidavits (if any) in support thereof, must be filed
in the Registry 3 days at least before the hearing of the
motion unless the Court gives leave to the contrary.

(2) A copy of the notice of motion and of the
affidavits (if any) in support thereof must be served on all
the other parties to the proceedings before the originals are
filed.

34. Any agreement in writing between the attorneys
of the parties or a cause or matter, dated and signed by
those attorneys, may, if the Registrar thinks it reasonable
and such as a judge would under the circumstances allow,
be filed in the Registry, and the agreement shall thereupon
become an order of court and have the same effect as if
such order had been made by a judge in person.

35. (1) An originating summons in Admiralty may
be issued out of the Registry.

(2) Rule 26, (except paragraph (3)) shall, with any
necessary modifications, apply in relation to an Admiralty
cause or matter begun by originating summons, and Order
28, rule 9, shall not apply to such a cause or matter.

36. (1) In a limitation action the person seeking relief
shall be the plaintiff and shall be named in the writ by his


Proceedings for
apportionment of
salvage (O. 67,
r. 32).

Filing and service
of notice of
motion (O. 67,
r. 33).

Agreement
between
attorneys may be
made order of
court (O. 67,
r. 34).

Originating
summons
procedure (O. 67,
r. 35).

Limitation
action: parties
(O. 67, r. 36).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

name and not described merely as the owner of, or as
bearing some other relation to, a particular ship or other
property.

(2) The plaintiff must make one of the persons with
claims against him in respect of the casualty to which the
action relates defendant to the action and may make any or
all of the others defendants also.

(3) At least one of the defendants to the action must
be named in the writ by his name but the other defendants
may be described generally and not named by their names.

(4) The writ must be served on one or more of the
defendants who are named by their names therein and need
not be served on any other defendant.

(5) In this rule and rules 37, 38 and 39 “name”
includes a firm name or the name under which a person
carries on his business, and where any person with a claim
against the plaintiff in respect of the casualty to which the
action relates has described himself for the purposes of his
claim merely as the owner of, or as bearing some other
relation to, a ship or other property, he may be so described
as defendant in the writ and, if so described, shall be
deemed for the purposes of the rules aforesaid to have been
named in the writ by his name.

37. (1) Within 7 days after the entry of appearance
by one of the defendants named by their names in the writ,
or, if none of them enters an appearance, within 7 days
after the time limited for appearing, the plaintiff, without
serving a statement of claim, must take out a summons
returnable in chambers before the Registrar, asking for a
decree limiting his liability or, in default of such a decree,
for directions as to the further proceedings in the action.

(2) The summons must be supported by an affidavit
or affidavits proving —

(a) the plaintiff’s case in the action; and
(b) if none of the defendants named in the writ by

their names has entered an appearance, service
of the writ on at least one of the defendants so
named.

(3) The affidavit in support of the summons must
state —

Limitation
action: summons
for decree or
directions (O. 67,
r. 37).

CH.53 – 294] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(a) the names of all the persons who, to the
knowledge of the plaintiff, have claims against
him in respect of the casualty to which the
action relates, not being defendants to the action
who are named in the writ by their names; and

(b) the address of each of those persons, if known to
the plaintiff.

(4) The summons and every affidavit in support
thereof must, at least 7 clear days before the hearing of the
summons, be served on any defendant who has entered an
appearance.

(5) On the hearing of the summons the Registrar, if
it appears to him that it is not disputed that the plaintiff has
a right to limit his liability, shall make a decree limiting the
plaintiff’s liability and fix the amount to which the liability
is to be limited.

(6) On the hearing of the summons the Registrar, if
it appears to him that any defendant has not sufficient
information to enable him to decide whether or not to
dispute that the plaintiff has a right to limit his liability,
shall give such directions as appear to him to be
appropriate for enabling the defendant to obtain such
information and shall adjourn the hearing.

(7) If on the hearing or resumed hearing of the
summons the Registrar does not make a decree limiting the
plaintiff’s liability, he shall give such directions as to the
further proceedings in the action as appear to him to be
appropriate including, in particular, a direction requiring
the taking out of a summons for directions under Order 25,
and, if he gives no such directions, a direction fixing the
period within which any notice under Order 38, rule 20,
must be served.

(8) Any defendant who, after the Registrar has
given directions under paragraph (7), ceases to dispute the
plaintiff’s right to limit his liability must forthwith file a
notice to that effect in the Registry and serve a copy on the
plaintiff and on any other defendant who has entered an
appearance.

(9) If every defendant who disputes the plaintiff’s
right to limit his liability serves a notice on the plaintiff
under paragraph (8), the plaintiff may take out a summons
returnable in chambers before the Registrar asking for a
decree limiting his liability; and paragraphs (4) and (5)
shall apply to a summons under this paragraph as they
apply to a summons under paragraph (1).

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38. (1) Where the only defendants in a limitation
action are those named in the writ by their names and all
the persons so named have either been served with the writ
or entered an appearance, any decree in the action limiting
the plaintiff’s liability (whether made by the Registrar or
on the trial of the action) —

(a) need not be advertised; but
(b) shall only operate to protect the plaintiff in

respect of claims by the persons so named or
persons claiming through or under them.

(2) In any case not falling within paragraph (1), any
decree in the action, limiting the plaintiff’s liability (whether
made by the Registrar or on the trial of the action) —

(a) shall be advertised by the plaintiff in such
manner and within such time as may be
provided by the decree;

(b) shall fix a time within which persons with
claims against the plaintiff in respect of the
casualty to which the action relates may enter an
appearance in the action (if they have not
already done so) and file their claims, and, in
cases to which rule 39 applies, take out a
summons if they think fit, to set the order aside.

(3) The advertisement to be required under
paragraph (2)(a), shall, unless for special reasons the
Registrar or judge thinks fit otherwise to provide, be a
single advertisement in each of three newspapers specified
in the decree, identifying the action, the casualty and the
relation of the plaintiff thereto (whether as owner of a ship
involved in the casualty or otherwise as the case may be),
stating that the decree has been made and specifying the
amounts fixed thereby as the limits of the plaintiff’s
liability and the time allowed thereby for the entering of
appearances, the filing of claims and the taking out of
summonses to set the decree aside. The plaintiff must
within the time fixed under paragraph (2)(b) file in the
Registry a copy of each newspaper in which the advertise-
ment required under paragraph (2)(a) appears.

(4) The time to be allowed under paragraph (2)(b)
shall, unless for special reasons the Registrar or judge
thinks fit otherwise to provide, be not less than 2 months
from the latest date allowed for the appearance of the


Limitation
action:
proceedings
under decree (O.
67, r. 38).

CH.53 – 296] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

advertisements; and after the expiration of the time so
allowed, no appearance may be entered, claim filed or
summons taken out to set aside the decree except with the
leave of the Registrar or, on appeal, of the judge.

(5) Save as aforesaid, any decree limiting the
plaintiff’s liability (whether made by the Registrar or on
the trial of the action) may make any such provision as is
authorised by the Merchant Shipping Act.

39. (1) Where a decree limiting the plaintiff’s
liability (whether made by the Registrar or on the trial of
the action) fixes a time in accordance with rule 38(2), any
person with a claim against the plaintiff in respect of the
casualty to which the action relates, who —

(a) was not named by his name in the writ, as a
defendant to the action; or

(b) if so named, neither was served with the writ nor
entered an appearance,

may, within that time, after entering an appearance, take
out a summons returnable in chambers before the Registrar
asking that the decree be set aside.

(2) The summons must be supported by an affidavit
or affidavits showing that the defendant in question has a
bona fide claim against the plaintiff in respect of the
casualty in question and that he has sufficient prima facie
grounds for the contention that the plaintiff is not entitled
to the relief given him by the decree.

(3) The summons and every affidavit in support
thereof must, at least 7 clear days before the hearing of the
summons, be served on the plaintiff and any defendant
who has entered an appearance.

(4) On the hearing of the summons the Registrar, if
he is satisfied that the defendant in question has a bona fide
claim against the plaintiff and sufficient prima facie
grounds for the contention that the plaintiff is not entitled
to the relief given him by the decree, shall set the decree
aside and give such directions as to the further proceedings
in the action as appear to him to be appropriate including,
in particular, a direction requiring the taking out of a
summons for directions under Order 25.

40. (1) Any party (hereafter in this rule referred to
as the “claimant”) making a claim which is referred to the
Registrar for decision must, within 2 months after the


Limitation
action:
proceedings to
set aside decree
(O. 67, r. 39).

References to
Registrar (O. 67,
r. 40).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

order is made, or, in a limitation action, within such other
period as the Court may direct, file his claim and, unless
the reference is in such an action, serve a copy of the claim
on every other party.

(2) At any time after the claimant’s claim has been
filed or, where the reference is in a limitation action, after
the expiration of the time limited by the Court for the filing
of claims but, in any case, not less than 28 days before the
day appointed for the hearing of the reference, any party to
the cause or matter may apply to the Registrar by summons
for directions as to the proceedings on the reference, and
the Registrar shall give such directions, if any, as he thinks
fit including without prejudice to the generality of the
foregoing words, a direction requiring any party to serve
on any claimant, within such period as the Registrar may
specify, a defence to that claimant’s claim.

(3) The reference shall be heard on a day appointed
by the Registrar and, unless the reference is in a limitation
action or the parties to the reference consent to the
appointment of a particular day, the appointment must be
made by order on an application by summons made by any
party to the cause or matter.

(4) An appointment for the hearing of a reference
shall not be made until after the claimant has filed his
claim or, where the reference is in a limitation action, until
after the expiration of the time limited by the Court for the
filing of claims.

(5) Not later than 7 days after an appointment for
the hearing of a reference has been made, the claimant or,
where the reference is in a limitation action, the plaintiff
must enter the reference for hearing by lodging in the
Registry a praecipe requesting the entry of the reference in
the list for hearing on the day appointed.

(6) Not less than 14 days before the day appointed
for the hearing of the reference the claimant must file —

(a) a list, signed by him and every, other party, of
the items (if any) of his claim which are not
disputed, stating the amount (if any) which he
and the other parties agree should be allowed in
respect of each such item; and

(b) such affidavits or other documentary evidence as
is required to support the items of his claim
which are disputed,

CH.53 – 298] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

and, unless the reference is in a limitation action,
he must at the same time serve on every other
party a copy of every document filed under this
paragraph.

(7) If the claimant fails to comply with paragraph
(1) or (6)(b), the Court may, on the application of any other
party to the cause or matter, dismiss the claim.

41. (1) The Registrar may adjourn the hearing of a
reference from time to time as he thinks fit.

(2) At or before the hearing of a reference, the
Registrar may give a direction limiting the witnesses who
may be called, whether expert witnesses or not, but any
such direction may, on sufficient cause being shown, be
revoked or varied by a subsequent direction given at or
before the hearing.

(3) Subject to paragraph (2), evidence may be given
orally or by affidavit or in such other manner as may be
agreed upon.

(4) When the hearing of the reference has been
concluded, the Registrar shall —

(a) reduce to writing his decision on the questions
arising in the reference (including any order as
to costs) and cause it to be filed;

(b) cause to be filed either with his decision or
subsequently such statement (if any) of the
grounds of the decision as he thinks fit; and

(c) send to the parties to the reference notice that he
has done so.

(5) Where no statement of the grounds of the
Registrar’s decision is filed with his decision and no
intimation has been given up by the Registrar that he
intends to file such a statement later, any party to the
reference may, within 14 days after the filing of the
decision, make a written request to the Registrar to file
such a statement.

42. (1) Any party to a reference to the Registrar may,
by motion in objection, apply to a judge in court to set aside
or vary the decision of the Registrar on the reference, but
notice of the motion, specifying the points of objection to
the decision must be filed within 14 days after the date on
which notice of the filing of the decision was sent to that


Hearing of
reference (O. 67,
r. 41).

Objection to
decision on
reference (O. 67,
r. 42).

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party under rule 41(4) or, if a notice of the filing of a
statement of the grounds of the decision was subsequently
sent to him thereunder, within 14 days after the date on
which that notice was sent.

(2) The decision of the Registrar shall be deemed to
be given on the date on which it is filed, but unless he or
the judge otherwise directs, the decision shall not be acted
upon until the time has elapsed for filing notice of a motion
in objection thereto, or while such a motion is pending or
remains undisposed of.

(3) A direction shall not be given under paragraph
(2) without the parties being given an opportunity of being
heard, but may, if the Registrar announces his intended
decision at the conclusion of the hearing of the reference,
be incorporated in his decision as reduced to writing under
rule 41 (4).

43. (1) Every judgment given or order made in an
Admiralty cause or matter shall be drawn up in the
Registry and shall be entered by an officer of the Registry
in the book kept for the purpose.

44. (1) Order 60, rule 3(1) and (2), shall apply in
relation to documents filed in the Registry.

(2) For the purpose of the said rule 3, as applied by
paragraph (1), a decree made in chambers in a limitation
action shall be deemed to have been made in court.

ORDER 68
CONTENTIOUS PROBATE PROCEEDINGS

(R.S.C. 1978)

1. (1) This Order applies to probate causes and
matters, and the other provisions of these Rules apply to
those causes and matters subject to the provisions of this
Order.

(2) In these Rules “probate action” means an action
for the grant of probate of the will, or letters of
administration of the estate, of a deceased person or for the
revocation of such a grant or for a decree pronouncing for
or against the validity of an alleged will, not being an
action which is non-contentious or common form probate
business.

Drawing up and
entry of
judgments and
orders (O. 67, r.
43).

Inspection of
documents filed
in Registry (O.
67, r. 44).

Application and
interpretation (O.
68, r. 1).

CH.53 – 300] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) In this Order “will” includes a codicil.
2. (1) A probate action must be begun by writ, and

the writ must be issued out of the Registry.
(2) Before a writ beginning a probate action is

issued it must be indorsed with —
(a) a statement of the nature of the interest of

plaintiff and of the defendant in the estate of the
deceased to which the action relates; and

(b) a memorandum signed by the Registrar showing
that the writ has been produced to him for
examination and that two copies of it have been
lodged with him.

3. Every person who is entitled or claims to be
entitled to administer the estate of a deceased person under
or by virtue of an unrevoked grant of probate of his will or
letters of administration of his grant shall be made a party
to any action for revocation of the grant.

4. (1) Where, at the commencement of an action
for the revocation of a grant of probate of the will or letters
of administration of the estate of a deceased person, the
probate or letters of administration as the case may be,
have not been lodged in court, then —

(a) if the action is commenced by a person to whom
the grant was made, he shall lodge the probate or
letters of administration in the Registry within 7
days after the issue of the writ;

(b) if any defendant to the action has the probate or
letters of administration in his possession or
under his control, he shall lodge it or them in the
Registry within 14 days after the service of the
writ upon him.

(2) Any person who fails to comply with paragraph
(1) may, on the application of any party to the action, be
ordered by the Court to lodge the probate or letters of
administration in the Registry within a specified time; and
any person against whom such an order is made shall not
be entitled to take any step in the action without the leave
of the Court until he has complied with the order.

5. (1) Unless the court otherwise directs, the plaintiff
and every defendant who has entered an appearance in a
probate action must swear an affidavit —

Requirements in
connection with
issue of writ (O.
68, r. 2).

Parties to action
for revocation of
grant (O. 68,
r. 3).

Lodgement of
grant in action
for revocation
(O. 68, r. 4).

Affidavit of
testamentary
scripts (O. 68,
r. 5).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(a) describing any testamentary script of the
deceased person, whose estate is the subject of
the action, of which he has any knowledge or, if
such be the case, stating that he knows of no such
script; and

(b) if any such script of which he has knowledge is
not in his possession or under his control, giving
the name and address of the person in whose
possession or under whose control it is or, if
such be the case, stating that he does not know
the name or address of that person.

(2) Any affidavit required by this rule must be filed
and an office copy thereof and any testamentary script
referred to therein which is in the possession or under the
control of the deponent must be lodged in the judge’s
chambers, within 14 days after the entry of appearance by a
defendant to the action or, if no defendant enters an
appearance therein and the Court does not otherwise direct,
before an order is made for the trial of the action.

(3) Where any testamentary script required by this
rule to be lodged in the judge’s chambers or any part
thereof is written in pencil, then, unless the Court
otherwise directs, a facsimile copy of that script, or of the
page or pages thereof containing the part written in pencil,
must also be lodged in the judge’s chambers and the words
which appear in pencil in the original must be underlined
in red ink in the copy.

(4) Except with the leave of the Court, a party to a
probate action shall not be allowed to inspect an affidavit
filed, or any testamentary script lodged by any other party
to the action under this rule, unless and until an affidavit
sworn by him containing the information referred to in
paragraph (1) has been filed.

(5) In this rule “testamentary script” means a will or
draft thereof, written instructions for a will made by or at
the request or under the instructions of the testator and any
documents purporting to be evidence of the contents, or to
be a copy, of a will which is alleged to have been lost or
destroyed.

6. (1) Order 13 shall not apply in relation to a probate
action.

Default of
appearance (O.
68, r. 6).

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Where any of several defendants to a probate
action fails to enter an appearance, the plaintiff, upon filing
an affidavit proving due service of the writ, or notice of the
writ, on that defendant may, after the time limited for
appearing, proceed with the action as if that defendant had
entered an appearance.

(3) Where the defendant, or all the defendants, to a
probate action, fails or fail to enter an appearance, then,
unless on the application of the plaintiff the Court orders
the action to be discontinued, the plaintiff may after the
time limited for appearing by the defendant apply to the
Court for an order for trial of the action.

(4) Before applying for an order under paragraph
(3) the plaintiff must file an affidavit proving due service
of the writ, or notice of the writ, on the defendant and, if no
statement of claim is indorsed on the writ, he must lodge a
statement of claim in the judge’s chambers.

(5) Where the Court grants an order under
paragraph (3), it may direct the action to be tried on
affidavit evidence.

7. The plaintiff in a probate action must, unless the
Court gives leave to the contrary or unless a statement of
claim is indorsed on the writ, serve a statement of claim on
every defendant who enters an appearance in the action and
must do so before the expiration of 6 weeks after entry of
appearance by that defendant or of 8 days after the filing
by that defendant of an affidavit under rule 5, whichever is
the later.

8. (1) Notwithstanding anything in Order 15, rule
2(1), a defendant to a probate action who alleges that he
has any claim or is entitled to any relief or remedy in
respect of any matter relating to the grant of probate of the
will, or letters of administration of the estate, of the
deceased person which is the subject of the action must add
to his defence a counterclaim in respect of that matter.

(2) If the plaintiff fails to serve a statement of claim,
any such defendant may, with the leave of the Court, serve
a counterclaim and the action shall then proceed as if the
counterclaim were the statement of claim.

9. (1) Where the plaintiff in a probate action disputes
the interest of a defendant he must allege in his statement of
claim that he denies the interest of that defendant.

Service of
statement of
claim
(O. 68, r. 7).

Counterclaim
(O. 68, r. 8).

Contents of
pleadings
(O. 68, r. 9).

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(2) In a probate action in which the interest by
virtue of which a party claims to be entitled to a grant of
letters of administration is disputed, the party disputing that
interest must show in his pleading that if the allegations
made therein are proved he would be entitled to an interest
in the estate.

(3) Without prejudice to Order 18, rule 6, any party
who pleads that at the time when a will, the subject of the
action, was alleged to have been executed the testator did
not know and approve of its contents must specify the
nature of the case on which he intends to rely, and no
allegation in support of that plea which would be relevant
in support of any of the following other pleas, that is to
say —

(a) that the will was not duly executed;
(b) that at the time of the execution of the will the

testator was not of sound mind, memory and
understanding; and

(c) that the execution of the will was obtained by
undue influence or fraud,

shall be made by that party unless that other plea is also
pleaded.

10. (1) Order 19 shall not apply in relation to a
probate action.

(2) Where any party to a probate action fails to
serve on any other party a pleading which he is required by
these Rules to serve on that other party, then unless the
Court orders the action to be discontinued or dismissed,
that other party may after the expiration of the period fixed
by or under these Rules for service of the pleading in
question, apply to the Court for an order for trial of the
action; and if an order is made the Court may direct the
action to be tried on affidavit evidence.

11. (1) Order 21 shall not apply in relation to a
probate action.

(2) At any stage of the proceedings in a probate
action the Court may, on the application of the plaintiff or of
any party to the action who has entered an appearance
therein, order the action to be discontinued or dismissed on
such terms as to costs or otherwise as it thinks just, and may


Default of
pleadings (O. 68,
r. 10).

Discontinuance
and dismissal (O.
68, r. 11).

CH.53 – 304] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

further order that a grant of probate of the will, or letters of
administration of the estate, of the deceased person, as the
case may be, which is the subject of the action, be made to
the person entitled thereto.

(3) An application for an order under this rule may
be made by motion or summons or by notice under Order
25, rule 7.

12. Where, whether before or after the service of the
defence in a probate action, the parties to the action agree
to a compromise, the Court may order the trial of the action
on affidavit evidence.

13. (1) Any application in a probate action for an
order under section 26 of the Court of Probate Act, 1857 of
England shall be for an order requiring a person to bring a
will or other testamentary paper into the Registry or to
attend in court for examination.

(2) An application under paragraph (1) shall be
made by summons in the action, which must be served on
the person against whom the order is sought.

(3) Any application in a probate action for the issue
of a subpoena under section 23 of the Court of Probate Act,
1858 of England shall be for the issue of a subpoena
requiring a person to bring into the Registry a will or other
testamentary paper.

(4) An application under paragraph (3) may be made
ex parte and must be supported by an affidavit setting out
the grounds of the application.

(5) An application under paragraph (3) shall be made
to the Registrar who may, if the application is granted,
authorise the issue of a subpoena accordingly.

(6) Any person against whom a subpoena is issued
under the said section 23 and who denies that the will or
other testamentary paper referred to in the subpoena is in
his possession or under his control may file an affidavit to
that effect.

14. (1) An application under section 163 of the
English Supreme Court of Judicature (Consolidation) Act,
1925 for an order for the grant of administration may be
made by summons.

Compromise of
action: trial on
affidavit evidence
(O. 68, r. 12).

Application for
order to bring in
will, etc. (O. 68,
r. 13).

Administration
pendente lite (O.
68, r. 14).

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(2) Where an order for a grant of administration is
made under the said section 163, Order 30, rules 2, 4 and 6
and (subject to subsection (2) of the said section) rule 3,
shall apply as if the administrator were a receiver
appointed by the court.

ORDER 69
PROCEEDINGS BY AND AGAINST THE CROWN

(R.S.C. 1978)

1. (1) These Rules apply to civil proceedings to
which the Crown is a party subject to the following rules of
this Order.

(2) In this Order —
“civil proceedings by the Crown”, “civil proceedings

against the Crown” and “civil proceedings by or
against the Crown” have the same respective
meanings as in Part II of the Crown
Proceedings Act and do not include any of the
proceedings specified in section 23(1) of that
Act;

“civil proceedings to which the Crown is a party” has
the same meaning as it has for the purposes of
section 15 of the Crown Proceedings Act;

“Order against the Crown” means any order
(including an order for costs) made in any civil
proceedings by or against the Crown or in
connection with any arbitration to which the
Crown is a party, in favour of any person against
the Crown or against a Government department
or against an officer of the Crown as such;

“order” includes a judgment, decree, rule, award or
declaration.

2. (1) In the case of a writ which begins civil
proceedings against the Crown the indorsement of claim
required by Order 6, rule 2, shall include a statement of the
circumstances in which the Crown’s liability is alleged to
have arisen and as to the Government department and
officers of the Crown concerned.

Application and
interpretation (O.
69, r. 1).

Particulars to be
included in
indorsement of
claim (O. 69, r.
2).

CH.53 – 306] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) If in civil proceedings against the Crown a
defendant considers that the writ does not contain a
sufficient statement as required by this rule, he may, before
the expiration of the time limited for appearing, apply to
the plaintiff by notice for a further and better statement
containing such information as may be specified in the
notice.

(3) Where a defendant gives a notice under this rule,
the time limited for appearing shall not expire until 4 days
after the defendant has notified the plaintiff in writing that
the defendant is satisfied with the statement supplied in
compliance with the notice or 4 days after the Court has,
on the application of the plaintiff by summons served on
the defendant not less than 7 days before the return day,
decided that no further information as to the matters
referred to in paragraph (1) is reasonably required.

3. (1) Order 10, Order 11 and any other provision
of these Rules relating to service out of the jurisdiction
shall not apply in relation to the service of any process by
which civil proceedings against the Crown are begun.

(2) Personal service of any document required to be
served on the Crown for the purpose of or in connection
with any civil proceedings is not requisite; but where the
proceedings are by or against the Crown service on the
Crown must be effected by leaving the document at the
office of the Attorney-General.

(3) In relation to the service of any document
required to be served on the Crown for the purpose of or in
connection with any civil proceedings by or against the
Crown, Order 61, rules 5 and 9, shall not apply, and Order
61, rule 7, shall apply as if the reference therein to rules 2
and 5(1) (a) of that Order were a reference to paragraph (2)
of this rule.

4. (1) Notwithstanding Order 15, rule 2, and Order
18, rules 17 and 18, a person may not in any proceedings
by the Crown make any counterclaim or plead a set-off if
the proceedings are for the recovery of, or the counterclaim
or set off arises out of a right or claim to repayment in
respect of, any taxes, duties or penalties.

(2) Notwithstanding Order 15, rule 2, and Order 18,
rules 17 and 18, no counterclaim may be made, or set-off
pleaded, without the leave of the Court, by the Crown in
proceedings against the Crown, or by any person in
proceedings by the Crown —

Service on the
Crown (O. 69, r.
3).

Counterclaim
and set-off (O.
69, r. 4).

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(a) if the Crown is sued or sues in the name of a
Government department and the subject-matter
of the counterclaim or set-off does not relate to
that department; or

(b) if the Crown is sued or sues in the name of the
Attorney-General.

(3) Any application for leave under this rule must be
made by summons.

5. (1) No application against the Crown shall be
made under Order 14, rule 1, or Order 75, rule 1, in any
proceedings against the Crown nor under Order 14, rule 5,
in any proceedings by the Crown.

(2) Where an application is made by the Crown
under Order 14, rule 1, Order 14, rule 5, or Order 75, rule
1, the affidavit required in support of the application must
be made by —

(a) the attorney acting for the Crown; or
(b) an officer duly authorised by the attorney so

acting or by the department concerned,
and the affidavit shall be sufficient if it states that in the
deponent’s belief the applicant is entitled to the relief
claimed and there is no defence to the claim or part of a
claim to which the application relates or no defence except
as to the amount of any damages claimed.

6. (1) Except with the leave of the Court, no
judgment in default of appearance or of pleading shall be
entered against the Crown in civil proceedings against the
Crown or in third party proceedings against the Crown.

(2) Except with the leave of the Court, Order 16,
rule 5(1) (a), shall not apply in the case of third party
proceedings against the Crown.

(3) An application for leave under this rule may be
made by summons or, except in the case of an application
relating to Order 16, rule 6, by motion; and the summons
or, as the case may be, notice of the motion must be served
not less than 7 days before the return day.

7. (1) Notwithstanding anything in Order 16, a third
party notice (including a notice issuable by virtue of Order
16, rule 9) for service on the Crown shall not be issued


Summary
judgment (O. 69,
r. 5).

Judgment in
default (O. 69, r.
6).

Third party
notices (O. 69, r.
7).

CH.53 – 308] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

without the leave of the Court, and the application for the
grant of such leave must be made by summons, and the
summons must be served on the plaintiff and the Crown.

(2) Leave to issue such a notice for service on the
Crown shall not be granted unless the Court is satisfied that
the Crown is in possession of all such information as it
reasonably requires as to the circumstances in which it is
alleged that the liability of the Crown has arisen and as to
the departments and officers of the Crown concerned.

8. No order shall be made against the Crown under
Order 17, rule 5(3), except upon an application by
summons served not less than 7 days before the return day.

9. (1) Order 24, rules 1 and 2, shall not apply in
civil proceedings to which the Crown is a party.

(2) In any civil proceedings to which the Crown is a
party any order of the Court made under the powers
conferred by section 22(1) of the Crown Proceedings Act,
shall be construed as not requiring the disclosure of the
existence of any document the existence of which it would,
in the opinion of a Minister of the Government, be
injurious to the public interest to disclose.

(3) Where in any such proceedings an order of the
Court directs that a list of documents made in answer to an
order for discovery against the Crown shall be verified by
affidavit, the affidavit shall be made by such officer of the
Crown as the Court may direct.

(4) Where in any such proceedings an order is made
under the said section 22 for interrogatories to be answered
by the Crown, the Court shall direct by what officer of the
Crown the interrogatories are to be answered.

10. (1) Civil proceedings against the Crown may be
instituted under Order 39, rule 15, in any case in which the
Crown is alleged to have an interest or estate in the honour,
title, dignity or office or property in question.

(2) For the avoidance of doubt it is hereby declared
that any powers exercisable by the Court in regard to the
taking of evidence are exercisable in proceedings by or
against the Crown as they are exercisable in proceedings
between subjects.

11. (1) Nothing in Orders 45 to 52 shall apply in
respect of any order against the Crown.

Interpleader:
application for
order against
crown (O. 69,
r. 8).
Discovery and
interrogatories
(O. 69, r. 9).

Evidence (O. 69,
r. 10).

Execution and
satisfaction of
orders (O. 69,
r. 11).

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(2) An application under the proviso to subsection
(1) of section 19 of the Crown Proceedings Act for a
direction that a separate certificate shall be issued under
that subsection with respect to the costs (if any) ordered to
be paid to the applicant, may be made to the Court ex parte
without summons.

(3) Any such certificate must be in Form No. 95 or
96 in Appendix A, whichever is appropriate.

12. (1) No order —
(a) for the attachment of debts under Order 49; or
(b) for the appointment of a sequestrator under

Order 45; or
(c) for the appointment of a receiver under Order 30

or 51,
shall be made or have effect in respect of any money due
or accruing due, or alleged to be due or accruing due from
the Crown.

(2) Every application to the Court for an order under
section 21 of the Crown Proceedings Act, restraining any
person from receiving money payable to him by the Crown
and directing payment of the money to the applicant or
some other person must be made by summons served at
least 4 days before the return day on the Crown and, unless
the Court otherwise orders, on the person to be restrained
or his attorney; and the application must be supported by
an affidavit setting out the facts giving rise to it, and in
particular identifying the particular debt from the Crown in
respect of which it is made.

(3) Order 49, rules 5 and 6, shall apply in relation to
such an application as is mentioned in paragraph (2) for an
order restraining a person from receiving money payable to
him by the Crown as those rules apply to an application
under Order 49, rule 1, for an order for the attachment of a
debt owing to any person from a garnishee, except that the
Court shall not have power to order execution to issue
against the Crown.

Attachment of
debts, etc. (O. 69,
r. 12).

CH.53 – 310] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

ORDER 70
DISABILITY
(R.S.C. 1978)

1. In this Order —
“the Act” means the Mental Health Act;
“patient” means a person who, by reason of mental

disorder within the meaning of the Act, is
incapable of managing and administering his
property and affairs;

“person under disability” means a person who is an
infant or a patient.

2. (1) A person under disability may not bring, or
make a claim in, any proceedings except by his next friend
and may not defend, make a counterclaim or intervene in
any proceedings, or appear in any proceedings under a
judgment or order notice of which has been served on him,
except by his guardian ad litem.

(2) Subject to the provisions of these Rules,
anything which in the ordinary conduct of any proceedings
is required or authorised by a provision of these Rules to be
done by a party to the proceedings shall or may, if the party
is a person under disability, be done by his next friend or
guardian ad litem.

(3) A next friend or guardian ad litem of a person
under disability must act by an attorney.

3. (1) Except as provided by paragraph (3) or (4) or
by rule 4, an order appointing a person next friend or
guardian ad litem of a person under disability is not
necessary.

(2) Where a person is authorised under Part VIII of
the Act to conduct legal proceedings in the name of a
patient or on his behalf, that person shall be entitled to be
next friend or guardian ad litem, as the case may be, of the
patient in any proceedings to which his authority extends
unless, in a case to which paragraph (3) or (4) or rule 4
applies, some other person is appointed by the Court under
that paragraph or rule to be next friend or guardian ad
litem, as the case may be, of the patient in those
proceedings.

Interpretation
(O. 70, r. 1).

Person under
disability must
sue, etc., by next
friend or
guardian ad litem
(O. 70, r. 2).

Appointment of
next friend or
guardian ad litem
(O. 70, r. 3).

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(3) Where a person has been or is next friend or
guardian ad litem of a person under disability in any
proceedings, no other person shall be entitled to act as such
friend or guardian, as the case may be, of the person under
disability in those proceedings unless the Court makes an
order appointing him such friend or guardian by substitu-
tion for the person previously acting in that capacity.

(4) Where, after any proceedings have been begun,
a party to the proceedings becomes a patient, an
application must be made to the Court for the appointment
of a person to be next friend or guardian ad litem, as the
case may be, of that party.

(5) Except where the next friend or guardian ad
litem, as the case may be, of a person under disability has
been appointed by the Court —

(a) the name of any person shall not be used in a
cause or matter as next friend of a person under
disability;

(b) an appearance shall not be entered in a cause or
matter for a person under disability; and

(c) a person under disability shall not be entitled to
appear by his guardian ad litem on the hearing
of a petition, summons or motion which, or
notice of which, has been served on him,

unless and until the documents listed in paragraph (6) have
been filed in the Registry.

(6) The documents referred to in paragraph (5) are
the following —

(a) a written consent to be next friend or guardian
ad litem, as the case may be, of the person under
disability in the cause or matter in question
given by the person proposing to be such friend
or guardian;

(b) where the person proposing to be such friend or
guardian of the person under disability, being a
patient, is authorised under Part VIII of the Act
to conduct the proceedings in the cause or matter
in question in the name of the patient or on his
behalf, a certified copy, sealed with the official
seal of the Court, of the order or other
authorisation made or given under the said Part
VIII by virtue of which he is so authorised; and

CH.53 – 312] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(c) except where the person proposing to be such
friend or guardian of the person under disability,
being a patient, is authorised as mentioned in
subparagraph (b), a certificate made by the
attorney for the person under disability certify-
ing —

(i) that he knows or believes, as the case may
be, that the person to whom the certificate
relates is an infant or a patient, giving (in
the case of a patient) the grounds of his
knowledge or belief; and

(ii) where the person under disability is a
patient, that there is no person authorised
as aforesaid; and

(iii) that the person so named has no interest in
the cause or matter in question adverse to
that of the person under disability.

4. (1) Where —
(a) in an action against a person under disability

begun by writ, or originating summons to which
an appearance is required to be entered, no
appearance is entered in the action for that
person; or

(b) the defendant to an action serves a defence and
counterclaim on a person under disability who is
not already a party to the action, and no
appearance is entered for that person,

an application for the appointment by the Court of a
guardian ad litem of that person must be made by the
plaintiff or defendant, as the case may be, after the time
limited (as respects that person) for appearing and before
proceeding further with the action or counterclaim.

(2) Where a party to an action has served on a
person under disability who is not already a party to the
action a third party notice within the meaning of Order 16
and no appearance is entered for that person to the notice,
an application for the appointment by the Court of a
guardian ad litem of that person must be made by that party
after the time limited (as respects that person) for
appearing and before proceeding further with the third
party proceedings.

Appointment of
guardian where
person under
disability does
not appear (O.
70, r. 4).

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(3) Where in any proceedings against a person
under disability begun by petition or motion, or by
originating summons to which no appearance need be
entered, that person does not appear by a guardian ad litem
at the hearing of the petition, motion, or summons, as the
case may be, the Court hearing it may appoint a guardian
ad litem of that person in the proceedings or direct that an
application be made by the petitioner or applicant, as the
case may be, for the appointment of such a guardian.

(4) At any stage in the proceedings under any
judgment or order, notice of which has been served on a
person under disability, the Court may, if no appearance is
entered for that person, appoint a guardian ad litem of that
person in the proceedings or direct that an application be
made for the appointment of such a guardian.

(5) An application under paragraph (1) or (2) must
be supported by evidence proving —

(a) that the person to whom the application relates is
a person under disability;

(b) that the person proposed as guardian ad litem is
willing and a proper person to act as such and
has no interest in the proceedings adverse to that
of the person under disability;

(c) that the writ, originating summons, defence and
counterclaim or third party notice, as the case
may be, was duly served on the person under
disability; and

(d) subject to paragraph (6), that notice of the
application was, after the expiration of the time
limited for appearing and at least 7 days before
the day named in the notice for hearing of the
application, so served on him.

(6) If the Court so directs, notice of an application
under paragraph (1) or (2) need not be served on a person
under disability.

(7) An application for the appointment of a guardian
ad litem made in compliance with a direction of the Court
given under paragraph (3) or (4) must be supported by
evidence proving the matters referred to in paragraph (5)
(b).

5. An application to the Court on behalf of a
person under disability served with an order made ex parte
under Order 15, rule 7, for the discharge or variation of the
order must be made —

Application to
discharge or vary
certain orders (O.
70, r. 5).

CH.53 – 314] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(a) if a next friend or guardian ad litem is acting for
that person in the cause or matter in which the
order is made, within 14 days after the service of
the order on that person;

(b) if there is no next friend or guardian ad litem
acting for that person in that cause or matter,
within 14 days after the appointment of such a
friend or guardian to act for him.

6. Notwithstanding anything in Order 18, rule
13(1), a person under disability shall not be taken to admit
the truth of any allegation of fact made in the pleading of
the opposite party by reason only that he has not traversed
it in his pleadings.

7. Orders 24 and 26 shall apply to a person under
disability and to his next friend or guardian ad litem.

8. Where in any proceedings money is claimed by
or on behalf of a person under disability, no settlement,
compromise or payment and no acceptance of money paid
into court, whenever entered into or made, shall so far as it
relates to that person’s claim be valid without the approval
of the Court.

9. (1) Where, before proceedings in which a claim
for money is made by or on behalf of a person under
disability (whether alone or in conjunction with any other
person) are begun, an agreement is reached for the
settlement of the claim, and it is desired to obtain the
Court’s approval to the settlement, then, notwithstanding
anything in Order 5, rule 2, the claim may be made in
proceedings begun by originating summons and in the
summons an application may also be made for —

(a) the approval of the Court to the settlement and
such orders or directions as may be necessary to
give effect to it or rule 10; or

(b) alternatively, directions as to the further
prosecution of the claim.

(2) Where in proceedings under this rule a claim is
made under the Fatal Accidents Act, the originating
summons must include the particulars mentioned in section
9 of that Act.

(3) No appearances need be entered to an originating
summons under this rule.

Admission not to
be implied from
pleading of
person under
disability (O. 70,
r. 6).

Discovery and
interrogatories
(O. 70, r. 7).

Compromise,
etc., by person
under disability
(O. 70, r. 8).

Approval of
settlement (O. 70,
r. 9).

SUPREME COURT [CH.53 – 315



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(4) In this rule “settlement” includes a compromise.
10. (1) Where in any proceedings —
(a) money is recovered by or on behalf of, or

adjudged or ordered or agreed to be paid to, or
for the benefit of, a person under disability; or

(b) money paid into court is accepted by or on
behalf of a plaintiff who is a person under
disability,

the money shall be dealt with in accordance with directions
given by the Court, and not otherwise.

(2) Directions given under this rule may provide
that the money shall, as to the whole or any part thereof, be
paid into the Supreme Court and invested or otherwise
dealt with there.

(3) Without prejudice to the foregoing provisions of
this rule, directions given under this rule may include any
general or special directions that the Court thinks fit to give
and, in particular, directions as to how the money is to be
applied or dealt with and as to any payment to be made,
either directly or out of the amount paid into court to the
plaintiff, or to the next friend in respect of moneys paid or
expenses incurred for or on behalf or for the benefit of the
person under disability or for his maintenance or otherwise
for his benefit or to the plaintiff’s attorney in respect of
costs.

(4) Where in pursuance of directions given under
this rule money is paid into court to be invested or
otherwise dealt with there, the money (including any
interest thereon) shall not be paid out, nor shall any
securities in which the money is invested, or the dividends
thereon, be sold, transferred or paid out of court, except in
accordance with an order of the Court.

(5) The foregoing provisions of this rule shall apply
in relation to a counterclaim by or on behalf of a person
under disability, and a claim made by or on behalf of such
a person in an action by any other person for relief under
the Merchant Shipping Act, as if for references to a
plaintiff and a next friend there were substituted references
to a defendant and to a guardian ad litem respectively.

11. (1) Where a single sum of money is paid into
court under Order 22, rule 1, in satisfaction of causes of
action arising under the Fatal Accidents Act and that sum
is accepted, the money shall be apportioned between the


Control of
money recovered
by person under
disability (O. 70,
r. 10).

Proceedings
under Fatal
Accidents Act:
apportionment
by Court (O. 70,
r. 11).

CH.53 – 316] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

different causes of action by the Court either when giving
directions for dealing with it under rule 10 (if that rule
applies) or when authorising its payment out of court.

(2) Where, in an action in which a claim under the
Fatal Accidents Act is made by or on behalf of more than
one person, a sum in respect of damages is adjudged or
ordered or agreed to be paid in satisfaction of the claim, or
sum of money paid into court under Order 22, rule 1, is
accepted in satisfaction of the cause of action under the
said Act, then, unless the sum has been apportioned
between the persons entitled thereto by a jury, it shall be
apportioned between those persons by the Court. The
reference in this paragraph to a sum of money paid into
court shall be construed as including a reference to part of
a sum so paid, being the part apportioned by the Court
under paragraph (1) to the cause of action under the said
Act.

12. (1) Where in any proceedings a document is
required to be served personally on any person and that
person is a person under disability this rule shall apply.

(2) Subject to the following provisions of this rule
and to Order 24, rule 16(3), and Order 26, rule 6(3), the
document must be served —

(a) in the case of an infant who is not also a patient,
on his father or guardian or, if he has no father
or guardian, on the person with whom he resides
or in whose care he is;

(b) in the case of a patient, on the person (if any)
who is authorised under Part VIII of the Act to
conduct in the name of the patient or on his
behalf the proceedings in connection with which
the document is to be served or, if there is no
person so authorised, on the person with whom
he resides or in whose care he is,

and must be served in the manner required by these Rules
with respect to the document in question.

(3) Notwithstanding anything in paragraph (2), the
Court may order that a document which has been, or is to
be, served on the person under disability or on a person
other than a person mentioned in that paragraph shall be
deemed to be duly served on the person under disability.

Service of certain
documents on
person under
disability (O. 70,
r. 12).

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(4) A judgment or order requiring a person to do, or
refrain from doing, any act, a notice of motion or summons
for the committal of any person, and a writ of subpoena
against any person, must, if that person is a person under
disability, be served personally on him unless the Court
otherwise orders. This paragraph shall not apply to an
order for interrogatories or for discovery or inspection of
documents.

ORDER 71
PARTNERS
(R.S.C. 1978)

1. Subject to the provisions of any enactment, any
two or more persons claiming to be entitled, or alleged to
be liable, as partners in respect of a cause of action and
carrying on business within the jurisdiction may sue, or be
sued, in the name of the firm (if any) of which they were
partners at the time when the cause of action accrued.

2. (1) Any defendant to an action brought by
partners in the name of a firm may serve on the plaintiffs
or their attorneys a notice requiring them or him forthwith
to furnish the defendant with a written statement of the
names and places of residence of all the persons who were
partners in the firm at the time when the cause of action
accrued; and if the notice is not complied with the Court
may order the plaintiffs or their attorneys to furnish the
defendant with such a statement and to verify it on oath or
otherwise as may be specified in the order, or may order
that further proceedings in the action be stayed on such
terms as the Court may direct.

(2) When the names of the partners have been
declared in compliance with a notice or order given or
made under paragraph (1), the proceedings shall continue
in the name of the firm but with the same consequences as
would have ensued if the persons whose names have been
so declared had been named as plaintiffs in the writ.

(3) Paragraph (1) shall have effect in relation to an
action brought against partners in the name of a firm as it
has effect in relation to an action brought by partners in the
name of a firm but with the substitution, for references to
the defendant and the plaintiffs, of references to the
plaintiffs and the defendants respectively, and with the
omission of the words “or may order” to the end.

Actions by and
against firms
within
jurisdiction (O.
71, r. 1).

Disclosure of
partners’ names
(O. 71, r. 2).

CH.53 – 318] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

3. (1) Where by virtue of rule 1 partners are sued in
the name of a firm, the writ may, except in the case
mentioned in paragraph (2), be served —

(a) on any one or more of the partners; or
(b) at the principal place of business of the partner-

ship within the jurisdiction, on any person
having at the time of service the control or
management of the partnership business there,

and where service of the writ is effected in accordance with
this paragraph, the writ shall be deemed to have been duly
served on the firm, whether or not any member of the firm
is out of the jurisdiction.

(2) Where a partnership has, to the knowledge of
the plaintiff, been dissolved before an action against the
firm is begun, the writ by which the action is begun must
be served on every person within the jurisdiction sought to
be made liable in the action.

(3) Every person on whom a writ is served under
paragraph (1) must at the time of service be given a written
notice stating whether he is served as a partner or as a
person having the control or management of the partner-
ship business or both as a partner and as such a person; and
any person on whom a writ is so served but to whom no
such notice is given shall be deemed to be served as a
partner.

4. (1) Where persons are sued as partners in the
name of their firm, appearance may not be entered in the
name of the firm but only by the partners thereof in their
own names, but the action shall nevertheless continue in the
name of the firm.

(2) Where in an action against a firm the writ by
which the action is begun is served on a person as a
partner, that person, if he denies that he was a partner or
liable as such at any material time, may enter an
appearance in the action and state in his memorandum of
appearance that he does so as a person served as a partner
in the defendant firm but who denies that he was a partner
at any material time. An appearance entered in accordance
with this paragraph shall, unless and until it is set aside, be
treated as an appearance for the defendant
firm.

Service of writ
(O. 71, r. 3).

Entry of
appearance in an
action against
firm (O. 71, r. 4).

SUPREME COURT [CH.53 – 319



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(3) Where an appearance has been entered for a
defendant in accordance with paragraph (2), then —

(a) the plaintiff may either apply to the Court to set
it aside on the ground that the defendant was a
partner or liable as such at a material time or
may leave that question to be determined at a
later stage of the proceedings;

(b) the defendant may either apply to the Court to
set aside the service of the writ on him on the
ground that he was not a partner or liable as such
at a material time or may at the proper time
serve a defence on the plaintiff denying in
respect of the plaintiff’s claim either his liability
as a partner or the liability of the defendant firm
or both.

(4) The Court may at any stage of the proceedings
in an action in which a defendant has entered an
appearance in accordance with paragraph (2), on the
application of the plaintiff or of that defendant, order that
any question as to the liability of that defendant or as to the
liability of the defendant firm be tried in such manner and
at such time as the Court directs.

(5) Where in an action against a firm the writ by
which the action is begun is served on a person as a person
having the control or management of the partnership
business, that person may not enter an appearance in the
action unless he is a member of the firm sued.

5. (1) Where a judgment is given or order made
against a firm, execution to enforce the judgment or order
may, subject to rule 6, issue against any property of the
firm within the jurisdiction.

(2) Where a judgment is given or order made
against a firm, execution to enforce the judgment or order
may, subject to rule 6 and to the next following paragraph,
issue against any person who —

(a) entered an appearance in the action as a partner;
or

(b) having been served as a partner with the writ of
summons, failed to enter an appearance in the
action; or

(c) admitted in his pleading that he is a partner; or
(d) was adjudged to be a partner.

Enforcing
judgment or
order against
firm (O. 71, r. 5).

CH.53 – 320] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) Execution to enforce a judgment or order given
or made against a firm may not issue against a member of
the firm who was out of the jurisdiction when the writ of
summons was issued unless he —

(a) entered an appearance in the action as a partner;
or

(b) was served within the jurisdiction with the writ
as a partner; or

(c) was, with the leave of the Court given under
Order 11, served out of the jurisdiction with the
writ, or notice of the writ, as a partner,

and, except as provided by paragraph (1) and by the
foregoing provisions of this paragraph, a judgment or order
given or made against a firm shall not render liable, release
or otherwise affect a member of the firm who was out of
the jurisdiction when the writ was issued.

(4) Where a party who has obtained a judgment or
order against a firm claims that a person is liable to satisfy
the judgment or order as being a member of the firm, and
the foregoing provisions of this rule do not apply in
relation to that person, that party may apply to the Court
for leave to issue execution against that person, the
application to be made by summons which must be served
personally on that person.

(5) Where the person against whom an application
under paragraph (4) is made does not dispute his liability,
the Court hearing the application may, subject to paragraph
(3), give leave to issue execution against that person, and,
where that person disputes his liability, the Court may
order that the liability of that person be tried and
determined in any manner in which any issue or question
in an action may be tried and determined.

6. (1) Execution to enforce a judgment or order
given or made in —

(a) an action by or against a firm in the name of the
firm against or by a member of the firm; or

(b) an action by a firm in the name of the firm
against a firm in the name of the firm where
those firms have one or more members in
common, shall not issue except with the leave
of the Court.

Enforcing
judgment or
order in actions
between partners,
etc. (O. 71, r. 6).

SUPREME COURT [CH.53 – 321



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(2) The Court hearing an application under this rule
may give such directions, including directions as to the
taking of accounts and the making of inquiries, as may be
just.

7. (1) An order may be made under Order 49, rule
1, in relation to debts due or accruing due from a firm
carrying on business within the jurisdiction notwithstand-
ing that one or more members of the firm is resident out of
the jurisdiction.

(2) An order to show cause under the said rule 1
relating to such debts as aforesaid must be served on a
member of the firm within the jurisdiction or on some
other person having the control or management of the
partnership business.

(3) Where an order made under the said rule 1
requires a firm to appear before the Court, an appearance
by a member of the firm constitutes a sufficient compliance
with the order.

8. Rules 2 to 7 shall, with the necessary
modifications, apply in relation to an action by or against
partners in the name of their firm begun by originating
summons as they apply in relation to such an action begun
by writ.

9. An individual carrying on business within the
jurisdiction in a name or style other than his own name,
may be sued in that name or style as if it were the name of
a firm, and rules 2 to 8 shall, so far as applicable, apply as
if he were a partner and the name in which he carries on
business were the name of his firm.

10. (1) Every application to the Court by a judgment
creditor of a partner for an order under section 24 of the
Partnership Act, 1890 (which authorises the Supreme
Court to make on the application of a judgment creditor of
a partner an order charging the partner’s interest in the
partnership property), and every application to the Court by
a partner of the judgment debtor made in consequence of
the first-mentioned application must be made by summons.

(2) The Registrar may exercise the powers conferred
on a judge by the said section 24.

(3) Every summons issued by a judgment creditor
under this rule, and every order made on such a summons,


Attachment of
debts owed by
firm (O. 71, r. 7).

Actions begun by
originating
summons (O. 71,
r. 8).

Application to
person carrying
on business in
another name (O.
71, r. 9).

Applications for
orders charging
partner’s interest
in partnership
property, etc. (O.
71, r. 10).

CH.53 – 322] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

must be served on the judgment debtor and on such of his
partners as are within the jurisdiction or, if the partnership
is a cost book company, on the judgment debtor and the
purser of the company.

(4) Every summons issued by a partner of a
judgment debtor under this rule, and every order made on
such a summons, must be served —

(a) on the judgment creditor; and
(b) on the judgment debtor; and
(c) on such of the other partners of the judgment

debtor as do not join in the application and are
within the jurisdiction or, if the partnership is a
cost book company, on the purser of the
company.

(5) A summons or order served in accordance with
this rule on the purser of a cost book company or, in the
case of a partnership not being such a company, on some
only of the partners thereof, shall be deemed to have been
served on that company or on all the partners of that
partnership, as the case may be.

ORDER 72
DEFAMATION ACTIONS

(R.S.C. 1978)

1. These Rules apply to actions for libel or slander
subject to the following rules of this Order.

2. Before a writ in an action for libel is issued it
must be indorsed with a statement giving sufficient
particulars of the publications in respect of which the
action is brought to enable them to be identified.

3. (1) Where in an action for libel or slander the
plaintiff alleges that the words or matters complained of
were used in a defamatory sense other than their ordinary
meaning, he must give particulars of the facts and matters
on which he relies in support of such sense.

(2) Where in an action for libel or slander the
defendant alleges that, in so far as the words complained of
consist of statements of fact, they are true in substance and
in fact, and in so far as they consist of expressions of


Application (O.
72, r. 1).

Indorsement of
claim in libel
action (O. 72,
r. 2).

Obligation to
give particulars
(O. 72, r. 3).

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opinion, they are fair comment on a matter of public
interest, or pleads to the like effect, he must give
particulars stating which of the words complained of he
alleges are statements of fact and of the facts and matters
he relies on in support of the allegation that the words are
true.

(3) Where in an action for libel or slander the
plaintiff alleges that the defendant maliciously published
the words or matters complained of, he need not in his
statement of claim give particulars of the facts on which he
relies in support of the allegation of malice, but if the
defendant pleads that any of those words or matters are fair
comment on a matter of public interest or were published
upon a privileged occasion and the plaintiff intends to
allege that the defendant was actuated by express malice,
he must serve a reply giving particulars of the facts and
matters from which the malice is to be inferred.

(4) This rule shall apply in relation to a
counterclaim for libel or slander as if the party making the
counterclaim were the plaintiff and the party against whom
it is made the defendant.

4. (1) Where in an action for libel or slander
against several defendants sued jointly the plaintiff, in
accordance with Order 22, rule 3(1), accepts money paid
into court by any of those defendants in satisfaction of his
cause of action against that defendant, then,
notwithstanding anything in rule 3(4) of that Order, the
action shall be stayed as against that defendant only, but —

(a) the sum recoverable under any judgment given
in the plaintiff’s favour against any other
defendant in the action by way of damages shall
not exceed the amount (if any) by which the
amount of the damages exceeds the amount paid
into court by the defendant as against whom the
action has been stayed; and

(b) the plaintiff shall not be entitled to his costs of
the action against the other defendant after the
date of the payment into court unless either the
amount of the damages awarded to him is
greater than the amount paid into court and
accepted by him or the judge is of opinion that
there was reasonable ground for him to proceed
with the action against the other defendant.

Provisions as to
payment into
court (O. 72,
r. 4).

CH.53 – 324] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Where in an action for libel a party pleads the
defence for which, section 2 of the Libel Act provides,
Order 22, rule 7, shall not apply in relation to that pleading.

5. (1) Where a party accepts money paid into court
in satisfaction of a cause of action for libel or slander, the
plaintiff or defendant, as the case may be, may apply to a
judge in chambers by summons for leave to make in open
court a statement in terms approved by the judge.

(2) Where a party to an action for libel or slander
which is settled before trial desires to make a statement in
open court, an application must be made to the Court for an
order that the action be set down for trial, and before the
date fixed for the trial the statement must be submitted for
the approval of the judge before whom it is to be made.

6. In an action for libel or slander where the
defendant pleads that the words or matters complained of
are fair comment on a matter of public interest or were
published on a privileged occasion, no interrogatories as to
the defendant’s sources of information or grounds of belief
shall be allowed.

7. In an action for libel or slander, in which the
defendant does not by his defence assert the truth of the
statement complained of, the defendant shall not be entitled
on the trial to give evidence in chief, with a view to
mitigation of damages, as to the circumstances under
which the libel or slander was published, or as to the
character of the plaintiff, without the leave of the judge,
unless 7 days at least before the trial he furnishes
particulars to the plaintiff of the matters as to which he
intends to give evidence.

ORDER 73
MONEY-LENDING ACTIONS

(R.S.C. 1978)

1. (1) These Rules apply to a money-lending action
subject to the following rules of this Order.

Statement in
open court (O.
72, r. 5).

Interrogatories
not allowed in
certain cases (O.
72, r. 6).

Evidence in
mitigation of
damages (O. 72,
r. 7).

Application and
interpretation (O.
73, r. 1).

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(2) In these Rules —
“the Act” means the Money Lending Act; and
“money-lending action” means any action for the

recovery of money lent or for the enforcement
of any agreement or security relating to money
so lent, being an action brought by the lender or
an assignee, and includes any action to which
section 3 of that Act applies.

2. Every statement of claim in a money-lender’s action
(whether indorsed on the writ or not) must state —

(a) the date on which the loan was made;
(b) the amount actually lent to the borrower;
(c) the rate per cent, per annum of interest charged;
(d) the date when the contract for repayment was

made;
(e) the fact that a note or memorandum of the

contract was made and was signed by the
borrower;

(f) the date when a copy of the note or memor-
andum was delivered or sent to the borrower;

(g) the amount repaid;
(h) the amount due but unpaid;
(i) the date upon which such unpaid sum or sums

became due; and
(j) the amount of interest accrued due and unpaid

on every such sum.
3. (1) In a money-lender’s action judgment in

default of appearance or in default of defence shall not be
entered except with the leave of the Court.

(2) An application for the grant of leave under this
rule must be made by summons, and the summons must,
notwithstanding anything in Order 61, rule 9, be served on
the defendant.

(3) If the application is for leave to enter judgment
in default of appearance, the summons shall not be issued
until after the time limited for appearing.

(4) On the hearing of such an application, whether
the defendant appears or not, the Court —

(a) may exercise the powers of the court under
section 3 of the Money Lending Act;

Particulars to be
included in a
statement of
claim (O. 73, r.
2).

Judgment in
default of
appearance or of
defence (O. 73,
r. 3).

CH.53 – 326] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) where it refuses leave under this rule to enter
judgment on a claim or any part of a claim, may
make or give any such order or directions as it
might have made or given had the application
been an application under Order 14, rule 1, for
judgment on the claim.

4. Where a money-lender’s action is begun by
originating summons, the summons must contain a
statement of the matters specified in rule 2.

ORDER 74
ADMINISTRATION AND SIMILAR ACTIONS

(R.S.C. 1978)

1. In this Order “administration action” means an
action for the administration under the direction of the
Court of the estate of a deceased person or for the
execution under the direction of the Court of a trust.

2. (1) An action may be brought for the
determination of any question or for any relief which could
be determined or granted, as the case may be, in an
administration action and a claim need not be made in the
action for the administration or execution under the
direction of the Court of the estate or trust in connection
with which the question arises or the relief is sought.

(2) Without prejudice to the generality of paragraph
(1), an action may be brought for the determination of any
of the following questions —

(a) any question arising in the administration of the
estate of a deceased person or in the execution
of a trust;

(b) any question as to the composition of any class
of persons having a claim against the estate of a
deceased person or a beneficial interest in the
estate of such a person or in any property subject
to a trust;

(c) any question as to the rights or interests of a
person claiming to be a creditor of the estate of a
deceased person or to be entitled under a will or
on the intestacy of a deceased person or to be
beneficially entitled under a trust.

Particulars to be
included in
originating
summons (O. 73,
r. 4).

Interpretation (O.
74, r. 1).

Determination of
questions, etc.,
without
administration
(O. 74, r. 2).

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(3) Without prejudice to the generality of paragraph
(1), an action may be brought for any of the following
reliefs —

(a) an order requiring an executor, administrator or
trustee to furnish and, if necessary, verify
accounts;

(b) an order requiring the payment into court of
money held by a person in his capacity of
executor, administrator or trustee;

(c) an order directing a person to do or abstain from
doing a particular act in his capacity of executor,
administrator or trustee;

(d) an order approving any sale, purchase, compro-
mise or other transaction by a person in his
capacity of executor, administrator or trustee;

(e) an order directing any act to be done in the
administration of the estate of a deceased person
or in the execution of a trust which the Court
could order to be done if the estate or trust were
being administered or executed, as the case may
be, under the direction of the Court.

3. (1) All the executors or administrators of the
estate or trustees of the trust, as the case may be, to which
an administration action or such an action as is referred to
in rule 2 relates must be parties to the action, and where the
action is brought by executors, administrators or trustees,
any of them who does not consent to being joined as a
plaintiff must be made a defendant.

(2) Notwithstanding anything in Order 15, rule 4(2),
and without prejudice to the powers of the Court under that
Order, all the persons having a beneficial interest under the
trust, as the case may be, to which such an action as is
mentioned in paragraph (1) relates need not be parties to
the action; but the plaintiff may make such of those
persons, whether all or any one or more of them, parties as,
having regard to the nature of the relief or remedy claimed
in the action, he thinks fit.

(3) Where, in proceedings under a judgment or
order given or made in an action for the administration
under the direction of the Court of the estate of a deceased
person, a claim in respect of a debt or other liability is
made against the estate by a person not a party to the
action, no party other than the executors or administrators


Parties (O. 74,
r. 3).

CH.53 – 328] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

of the estate shall be entitled to appear in any proceedings
relating to that claim without the leave of the Court, and
the Court may direct or allow any other party to appear
either in addition to, or in substitution for, the executors or
administrators on such terms as to costs or otherwise as it
thinks fit.

4. In an administration action or such an action as
is referred to in rule 2, the Court may make any certificate
or order and grant any relief to which the plaintiff may be
entitled by reason of any breach of trust, wilful default or
other misconduct of the defendant notwithstanding that the
action was begun by originating summons, but the
foregoing provision is without prejudice to the power of
the Court to make an order under Order 28, rule 8, in
relation to the action.

5. (1) A judgment or order for the administration or
execution under the direction of the Court of an estate or
trust need not be given or made unless in the opinion of the
Court the questions at issue between the parties cannot
properly be determined otherwise than under such a
judgment or order.

(2) Where an administration action is brought by a
creditor of the estate of a deceased person or by a person
claiming to be entitled under a will or on the intestacy of a
deceased person or to be beneficially entitled under a trust,
and the plaintiff alleges that no or insufficient accounts
have been furnished by the executors, administrators or
trustees, as the case may be, then, without prejudice to its
other powers, the Court may —

(a) order that proceedings in the action be stayed for
a period specified in the order and that the
executors, administrators or trustees, as the case
may be, shall within that period furnish the
plaintiff with proper accounts;

(b) if necessary to prevent proceedings by other
creditors or by other persons claiming to be
entitled as aforesaid, give judgment or make an
order for the administration of the estate to
which the action relates and include therein an
order that no proceedings are to be taken under
the judgment or order, or under any particular
account or inquiry directed, without the leave of
the judge in person.

Grant of relief in
action begun by
originating
summons (O. 74,
r. 4).

Judgments and
orders in
administration
actions (O. 74,
r. 5).

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6. Where in an administration action an order is
made for the sale of any property vested in executors,
administrators or trustees, those executors, administrators
or trustees, as the case may be, shall have the conduct of
the sale unless the Court otherwise directs.

ORDER 75
ACTIONS FOR SPECIFIC PERFORMANCE, ETC.:

SUMMARY JUDGMENT
(R.S.C. 1978)

1. (1) In any action begun by writ indorsed with a
claim —

(a) for a specific performance of an agreement
(whether in writing or not) for the sale, purchase
or exchange of any property, or for the grant or
assignment of a lease of any property, with or
without an alternative claim for damages; or

(b) for recission of such an agreement; or
(c) for the forfeiture or return of any deposit made

under such an agreement,
the plaintiff may, on the ground that the defendant has no
defence to the action, apply to the Court for judgment.

(2) An application may be made against a defendant
under this rule whether or not he has entered an appearance
in the action.

2. (1) An application under rule 1 must be made by
summons supported by an affidavit made by some person
who can swear positively to the facts verifying the cause of
action and stating that in his belief there is no defence to
the action.

(2) The summons must set out or have attached
thereto minutes of the judgment sought by the plaintiff.

(3) The summons, a copy of the affidavit in support
and of any exhibit referred to therein must be served on the
defendant not less than 4 clear days before the return day.

3. Unless on the hearing of an application under rule
1 either the Court dismisses the application or the defendant
satisfies the Court that there is an issue or question in
dispute which ought to be tried or that there ought for some
other reason be a trial of the action, the Court may
give judgment for the plaintiff in the action.

Conduct of sale
of trust property
(O. 74, r. 6).

Application by
plaintiff for
summary
judgment (O. 75,
r. 1).

Manner in which
application under
rule 1 must be
made (O. 75, r.
2).

Judgment for
Plaintiff (O. 75,
r. 3).

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

4. (1) A defendant may show cause against an
application under rule 1 by affidavit or otherwise to the
satisfaction of the Court.

(2) The Court may give a defendant against whom
such an application is made leave to defend the action
either unconditionally or on such terms as to giving
security or time or mode of trial or otherwise as it thinks
fit.

(3) On the hearing of such an application the Court
may order a defendant showing cause or, where that
defendant is a body corporate, any director, manager,
secretary .or other similar officer thereof, or any person
purporting to act in any such capacity —

(a) to produce any document;
(b) if it appears to the Court that there are special

circumstances which make it desirable that he
should do so, to attend and be examined on oath.

5. Where the Court orders that a defendant have
leave to defend the action, the Court shall give directions
as to the further conduct of the action, and Order 25, rules
2 to 7, shall, with the omission of so much of rule 7(1) as
requires parties to serve a notice specifying the orders and
directions which they require and with any other necessary
modifications, apply as if the application under rule 1 were
a summons for directions.

6. If the plaintiff makes an application under rule 1
where the case is not within this Order, or if it appears to
the Court that the plaintiff knew, that the defendant relied
on the contention which would entitle him to unconditional
leave to defend, then, without prejudice to Order 59, and,
in particular, to rule 4 thereof, the Court may dismiss the
application with costs and may, if the plaintiff is not an
assisted person, require the costs to be paid by him
forthwith.

7. Any judgment given against a defendant who
does not appear at the hearing of an application under rule 1
may be set aside or varied by the Court on such terms as it
thinks just.

Leave to defend
(O. 75, r. 4).

Directions (O.
75, r. 5).

Costs (O. 75,
r. 6).

Setting aside
judgment (O. 75,
r. 7).

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ORDER 76
DEBENTURE HOLDERS’ ACTIONS: RECEIVER’S

REGISTER
(R.S.C. 1978)

1. Every receiver appointed by the Court in an
action to enforce registered debentures or registered
debenture stock shall, if so directed by the Court, keep a
register of transfers of, and other transmissions of title to,
such debentures or stock (in this Order referred to as “the
receiver’s register”).

2. (1) Where a receiver is required by rule 1 to
keep a receiver’s register, then, on the application of any
person entitled to any debentures or debenture stock by
virtue of any transfer or other transmission of title, and on
production of such evidence of identity and title as the
receiver may reasonably require, the receiver shall, subject
to the following provisions of this rule, register the transfer
or other transmission of title in that register.

(2) Before registering a transfer the receiver must,
unless the due execution of the transfer is proved by
affidavit, send by post to the registered holder of the
debentures or debenture stock transferred at his registered
address a notice stating —

(a) that an application for the registration of the
transfer has been made; and

(b) that the transfer will be registered unless within
the period specified in the notice the holder
informs the receiver that he objects to the
registration,

and no transfer shall be registered until the period so
specified has elapsed. The period to be specified in the
notice shall in no case be less than 7 days after a reply from
the registered holder would in the ordinary course of post
reach the receiver if the holder had replied to the notice on
the day following the day when in the ordinary course of
post the notice would have been delivered at the place to
which it was addressed.

(3) On registering a transfer or other transmission of
title under this rule the receiver must indorse a memor-
andum thereof on the debenture or certificate of debenture


Receiver’s
register (O. 76,
r. 1).

Registration of
transfers, etc. (O.
76, r. 2).

CH.53 – 332] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

stock, as the case may be, transferred or transmitted,
containing a reference to the action and to the order
appointing him receiver.

3. (1) Any person aggrieved by any thing done or
omission made by a receiver under rule 2 may apply to the
Court for rectification of the receiver’s register, the
application to be made by summons in the action in which
the receiver was appointed.

(2) The summons shall in the first instance be
served only on the plaintiff or other party having the
conduct of the action but the Court may direct the
summons or notice of the application to be served on any
other person appearing to be interested.

(3) The Court hearing an application under this rule
may decide any question relating to the title of any person
who is party to the application to have his name entered in
or omitted from the receiver’s register and generally may
decide any question necessary or expedient to be decided
for the rectification of that register.

4. Any entry made in the receiver’s register, if
verified by an affidavit made by the receiver or by such
other person as the Court may direct, shall in all
proceedings in the action in which the receiver was
appointed be evidence of the transfer or transmission of
title to which the entry relates and, in particular, shall be
accepted as evidence thereof for the purpose of any
distribution of assets, notwithstanding that the transfer or
transmission has taken place after the making of a
certificate in the action certifying the holders of the
debentures or debenture stock certificates.

5. (1) This rule applies in relation to an action to
enforce bearer debentures or to enforce debenture stock in
respect of which the company has issued debenture stock
bearer certificates.

(2) Notwithstanding that judgment has been given
in the action and that a certificate has been made therein
certifying the holders of such debentures or certificates as
are referred to in paragraph (1), the title of any person
claiming to be such a holder shall (in the absence of notice
of any defect in title) be sufficiently proved by the
production of the debenture or debenture stock certificate,
as the case may be, together with a certificate of


Application for
rectification of
receiver’s register
(O. 76, r. 3).

Receiver’s
register evidence
of transfers, etc.
(O. 76, r. 4).

Proof of title of
holder of bearer
debenture, etc.
(O. 76, r. 5).

SUPREME COURT [CH.53 – 333



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identification signed by the person producing the debenture
or certificate identifying the debenture or certificate
produced and certifying the person (giving his name and
address) who is the holder thereof.

(3) Where such a debenture or certificate as is
referred to in paragraph (1) is produced in the chambers of
the judge, the attorney of the plaintiff in the action must
cause to be indorsed thereon a notice stating —

(a) that the person whose name and address is
specified in the notice (being the person named
as the holder of the debenture or certificate in
the certificate of identification produced under
paragraph (2) has been recorded in the chambers
of the judge as the holder of the debenture or
debenture stock certificate, as the case may be;
and

(b) that that person will, on producing the debenture
or debenture stock certificate, as the case may
be, be entitled to receive payment of any
dividend in respect of that debenture or stock
unless before payment a new holder proves his
title in accordance with paragraph (2); and

(c) that if a new holder neglects to prove his title as
aforesaid he may incur additional delay, trouble
and expense in obtaining payment.

(4) The attorney of the plaintiff in the action must
preserve any certificates of identification produced under
paragraph (2) and must keep a record of the debentures and
debenture stock certificates so produced and of the names
and addresses of the persons producing them and of the
holders thereof, and, if the Court requires it, must verify
the record by affidavit.

6. (1) Where in an action to enforce any debentures
or debenture stock an order is made for payment in respect
of the debentures or stock, the Public Treasurer shall not
make a payment in respect of any such debenture or stock
unless either there is produced to him the certificate for
which paragraph (2) provides or the Court has in the case
in question for special reason dispensed with the need for
the certificate and directed payment to be made without it.

(2) For the purpose of obtaining any such payment
the debenture or debenture stock certificate must be
produced to the attorney of the plaintiff in the action or


Requirements in
connection with
payments (O. 76,
r. 6).

CH.53 – 334] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

to such other person as the Court may direct, and that
attorney or person must indorse thereon a memorandum of
payment and must make and sign a certificate certifying
that the statement set out in the certificate has been
indorsed on the debenture or debenture stock certificate, as
the case may be, and send the certificate to the Public
Treasurer.

ORDER 77
MORTGAGE ACTIONS

(R.S.C. 1978)

1. (1) This Order applies to any action (whether
begun by writ or originating summons) by a mortgagee or
mortgagor or by any person having the right to foreclose or
redeem any mortgage, being an action in which there is a
claim for any of the following reliefs, namely —

(a) payment of moneys secured by mortgage;
(b) sale of the mortgaged property;
(c) foreclosure;
(d) delivery of possession (whether before or after

foreclosure or without foreclosure) to the
mortgagee by the mortgagor or by any other
person who is or is alleged to be in possession of
the property;

(e) redemption;
(f) reconveyance of the property or its release from

the security;
(g) delivery of possession by the mortgagee.
(2) In this Order “mortgagee” includes legal and an

equitable mortgage and a legal and an equitable charge,
and references to a mortgagor, a mortgagee and mort-
gaged property shall be construed accordingly.

(3) An action to which this Order applies is referred
to in this Order as a mortgage action.

(4) These Rules apply to mortgage actions subject
to the following provisions of this Order.

2. (1) The plaintiff in a mortgage action begun by
originating summons, on applying for an appointment
under Order 28, rule 2(1), must produce the originating
summons and leave in chambers —

Application and
interpretation (O.
77, r. 1).

Documents to be
lodged on
making
appointment for
hearing (O. 77,
r. 2).

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(a) a copy of the originating summons; and
(b) the copy memorandum of appearance, stamped

in accordance with Order 12, rule 3, of any
defendant to the action or, if any defendant has
failed to enter an appearance, a certificate of his
non-appearance.

(2) Not less than 2 clear days before the day fixed
for the first or any adjourned hearing of the originating
summons the plaintiff must leave in chambers the original
or an office copy of any affidavit intended to be used by
him at the hearing with the exhibits thereto.

3. (1) Where in a mortgage action begun by
originating summons, being an action in which the plaintiff
is the mortgagee and claims delivery of possession or
payment of moneys secured by the mortgage or both, any
defendant fails to enter an appearance, the following
provisions of this rule shall apply, and references in those
provisions to the defendant shall be construed as references
to any such defendant. This rule shall not be taken as
affecting Order 28, rule 3, or rule 5(2), in so far as it
requires any document to be served on, or notice given to,
a defendant who has entered an appearance in the action.

(2) Not less than 4 clear days before the day fixed
for the first hearing of the originating summons the
plaintiff must serve on the defendant a copy of the notice
of appointment for the hearing and a copy of the affidavit
in support of the summons.

(3) Where the plaintiff claims delivery of possession
there must be indorsed on the outside fold of the copy of
the affidavit served on the defendant a notice informing the
defendant that the plaintiff intends at the hearing to apply
for an order to the defendant to deliver up to the plaintiff
possession of the mortgaged property and for such other
relief (if any) claimed by the originating summons as the
plaintiff intends to apply for at the hearing.

(4) Where the hearing is adjourned, then, subject to
any directions given by the Court, the plaintiff must serve
notice of the appointment for the adjourned hearing,
together with a copy of any further affidavit intended to be
used at that hearing, on the defendant not less than 2 clear
days before the days fixed for the hearing. A copy of any
affidavit served under this paragraph must be indorsed in
accordance with paragraph (3).

Claim for
possession: non-
appearance by a
defendant (O. 77,
r. 3).

CH.53 – 336] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(5) Service under paragraph (2) or (4), and the
manner in which it was effected, may be proved by a
certificate signed by the plaintiff, if he sues in person, and
otherwise by his attorney. The certificate may be indorsed
on the affidavit in support of the summons or, as the case
may be, on any further affidavit intended to be used at an
adjourned hearing.

(6) A copy of any exhibit to an affidavit need not
accompany the copy of the affidavit served under
paragraph (2) or (4).

(7) Where the plaintiff gives notice to the defendant
under Order 3, rule 5, of his intention to proceed, service of
the notice, and the manner in which it was effected, may be
proved by a certificate signed as mentioned in paragraph
(5).

4. (1) The affidavit in support of the originating
summons by which an action to which this rule applies is
begun must comply with the following provisions of this
rule. This rule applies to a mortgage action begun by
originating summons in which the plaintiff is the
mortgagee and claims delivery of possession or payment of
moneys secured by the mortgage or both.

(2) The affidavit must exhibit a true copy of the
mortgage and the original mortgage or, in the case of a
registered charge, the charge certificate must be produced
at the hearing of the summons.

(3) Where the plaintiff claims delivery of possession
the affidavit must show the circumstances under which the
right to possession arises and, except where the Court in
any case or class otherwise directs, the state of the account
between the mortgagor and mortgagee with particulars
of —

(a) the amount of the advance;
(b) the amount of the repayments;
(c) the amount of any interest or instalments in

arrear at the date of issue of the originating
summons and at the date of the affidavit; and

(d) the amount remaining due under the mortgage.
(4) Where the plaintiff claims delivery of possession,

the affidavit must give particulars of every person who to
the best of the plaintiff’s knowledge is in possession of the
mortgaged property.

Action for
possession or
payment (O. 77,
r. 4).

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(5) If the mortgage creates a tenancy other than a
tenancy at will between the mortgagor and mortgagee, the
affidavit must show how and when the tenancy was
determined and, if by service of notice, when the notice was
duly served.

(6) Where the plaintiff claims payment of moneys
secured by the mortgage, the affidavit must prove that the
money is due and payable and give the particulars
mentioned in paragraph (3).

(7) Where the plaintiff’s claim includes a claim for
interest to judgment, the affidavit must state the amount of
a day’s interest.

5. (1) Notwithstanding anything in Order 13 or
Order 19, in a mortgage action begun by writ judgment in
default of appearance or in default of defence shall not be
entered except with the leave of the Court.

(2) An application for the grant of leave under this
rule must be made by summons and the summons must,
notwithstanding anything in Order 61, rule 9, be served on
the defendant.

(3) Where a summons for leave under this rule is
issued in an action rule 5(2) to (7) shall apply in relation to
the action subject to the modification that for references
therein to the originating summons, and for the reference in
paragraph (2) to the notice of appointment, there shall be
substituted references to the summons.

(4) Where a summons for leave under this rule is
issued in an action to which rule 6 would apply had the
action been begun by originating summons, the affidavit in
support of the summons must contain the information
required by that rule.

6. Where foreclosure has taken place by reason of the
failure of the plaintiff in a mortgage action for redemption to
redeem, the defendant in whose favour the foreclosure has
taken place may apply by motion or summons for an order
for delivery to him of possession of the mortgaged property,
and the Court may make such order thereon as it
thinks fit.

Action by writ:
judgment in
default (O. 77,
r. 5).

Foreclosure in
redemption
action (O. 77,
r. 6).

CH.53 – 338] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

ORDER 78
MISCELLANEOUS PROCEEDINGS

I. Proceedings Concerning Minors

(R.S.C. 1978)

1. (1) An application to make a minor a ward of
court must be made by originating summons.

(2) Where there is no person other than the minor
who is a suitable defendant, an application may be made ex
parte to the Registrar for leave to issue either an ex parte
originating summons or an originating summons with the
minor as defendant thereto; and, except where such leave is
granted, the minor shall not be made a defendant to an
originating summons under this rule in the first instance.

2. Where there is pending any proceeding by
reason of which a minor is a ward of court, any application
under the Guardianship and Custody of Infants Act
(hereafter in this Part of this Order referred to as “the Act”)
with respect to that minor may be made by summons in
that proceeding, but except in that case any such
application must be made by originating summons.

3. (1) Where the minor with respect to whom an
application under the Act is made is not the plaintiff, he
shall not, unless the Court otherwise directs, be made a
defendant to the summons or, if the application is made by
ordinary summons, be served with the summons, but
subject to paragraph (2) any other person appearing to be
interested in, or affected by, the application shall be made a
defendant or be served with the summons, as the case may
be.

(2) The Court may dispense with service of the
summons (whether originating or ordinary) on any person
and may order it to be served on any person not originally
served.

4. Applications under the Act may be disposed of
in chambers.

5. (1) In proceedings to which this Part of this
Order applies the Registrar may transact all such business
and exercise all such authority and jurisdiction as may be
transacted and exercised by a judge in chambers.

Application to
make minor a
ward of court (O.
78, r. 1).

Applications
under the
Guardianship
and Custody of
Infants Act (O.
78, r. 2).

Defendants to
guardianship
summons (O. 78,
r. 3).

Guardianship
proceedings may
be in chambers
(O. 78, r. 4).

Jurisdiction of
Registrar (O. 78,
r. 5).

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(2) Paragraph (1) is without prejudice to the power
of the judges to reserve to themselves the transaction of
any such business or the exercise of any such authority or
jurisdiction.

II. Other Proceedings
6. (1) Where, apart from costs, the only relief

sought in any proceedings is a declaration with respect to
the matrimonial status of any person, the proceedings shall
be begun by petition.

(2) The petition shall state —
(a) the names of the parties and the residential

address of each of them at the date of presenta-
tion of the petition;

(b) the place and date of any ceremony of marriage
to which the application relates;

(c) whether there have been any previous proceed-
ings between the parties with reference to the
marriage or the ceremony of marriage to which
the application relates or with respect to the
matrimonial status of either of them and, if so,
the nature of those proceedings;

(d) all other material facts alleged by the petitioner
to justify the making of the declaration and the
grounds on which he alleges that the Court has
jurisdiction to make it,

and shall conclude with a prayer setting out the declaration
sought and any claim for costs.

(3) Nothing in the foregoing provisions shall be
construed —

(a) as conferring any jurisdiction to make a declara-
tion in circumstances in which the Court could
not otherwise make it; or

(b) as affecting the power of the Court to refuse to
make a declaration notwithstanding that it has
jurisdiction to make it.

(4) This rule does not apply to proceedings to which
rule 7 applies.

7. (1) Where an application to the Supreme Court —

Application for
declaration
affecting
matrimonial
status (O. 78, r.
6).

Applications
with respect to
funds in court
(O. 78, r. 7).

CH.53 – 340] SUPREME COURT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(a) for the payment or transfer to any person of any
funds in court standing to the credit of any cause
or matter or for the transfer of any such funds to
a separate account or for the payment to any
person of any dividend of or interest on any
securities or money comprised in such funds;

(b) for the investment, or change of investment, of
any funds in court;

(c) for payment of the dividends of or interest on
any funds in court representing or comprising
money or securities lodged in court under any
enactment; or

(d) for the payment or transfer out of court of any
such funds as are mentioned in subparagraph (c),

is made the application may be disposed of in chambers.
(2) Subject to paragraph (3), any such application

must be made by summons, and unless the application is
made in a pending cause or matter or an application for the
same purpose has previously been made by petition or
originating summons, the summons must be an originating
summons.

(3) Where an application under paragraph 1 (d) is
required to be made by originating summons, then, if the
funds to which the application relates do not exceed $1,500
in value, the application may be made ex parte to the
Registrar and the Registrar may dispose of the application
or may direct it to be made by originating summons.
Unless otherwise directed, ex parte application under this
paragraph shall be made by affidavit.

(4) This rule does not apply to any application for
an order under Order 22.

ORDER 79
LODGEMENT, INVESTMENT, ETC., OF FUNDS IN

COURT
(R.S.C. 1978)

1. (1) Subject to paragraph (2), any trustee wishing
to make a payment into court under section 42 of the
Trustee Act must make and file an affidavit setting out —

(a) a short description of the trust and of the
instrument creating it or, as the case may be, of
the circumstances in which the trust arose;

Payment into
court under
Trustee Act (O.
79, r. 1).

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(b) the names of the persons interested in or entitled
to the money or securities to be paid into court
with their addresses so far as known to him;

(c) his submission to answer all such inquiries
relating to the application of such money or
securities as the Court may make or direct, and

(d) an address where he may be served with any
summons or order, or notice of any proceedings,
relating to the money or securities paid into
court.

(2) Where the money or securities represent a
legacy, or residue or any share thereof, to which an infant
or a person resident outside the Bahama Islands is
absolutely entitled, no affidavit need be filed under
paragraph (1) and the money or securities may be paid into
court.

2. Any person who has lodged money or securities
in court in accordance with rule 1 must forthwith send
notice of the lodgement to every person appearing from the
affidavit on which the lodgement was made to be entitled
to, or to have an interest in the money or securities lodged.

3. (1) Where an application to the Supreme Court —
(a) for the payment or transfer to any person of any

funds in court standing to the credit of any cause
or matter or for the transfer of any such funds to
a separate account or for the payment to any
person of any dividend of or interest on any
securities or money comprised in such funds;

(b) for the investment, or change of investment, of
any funds in court;

(c) for payment of the dividends of or interest on
any funds in court representing or comprising
money or securities lodged in court under any
enactment; or

(d) for the payment or transfer out of court of any
such funds as are mentioned in subparagraph (c),

is made the application may be disposed of in chambers.
(2) Subject to paragraph (3), any such application

must be made by summons, and unless the application is
made in a pending cause or matter or an application for the
same purpose has previously been made by petition or
originating summons, the summons must be an originating
summons.

Notice of
lodgement (O.
79, r. 2.)

Applications
with respect to
funds in court
(O. 79, r. 3).

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) Where an application under paragraph 1 (d) is
required to be made by originating summons, then, if the
funds to which the application relates do not exceed $1,500
in value, the application may be made ex parte to the
Registrar and the Registrar may dispose of the application
or may direct it to be made by originating summons.
Unless otherwise directed, ex parte application under this
paragraph shall be made by affidavit.

(4) This rule does not apply to any application for
an order under Order 22.

ORDER 80
APPLICATIONS AND APPEALS TO SUPREME

COURT UNDER VARIOUS ACTS
(R.S.C. 1978)

1. (1) Where by virtue of any enactment the
Supreme Court has jurisdiction, on the application of any
person, to quash any order, scheme, certificate or plan, any
amendment or approval of a plan, any decision of a
Minister or Government department or any action on the
part of a Minister or Government department, the
jurisdiction may be exercisable by a single judge of the
Court.

(2) The application must be made by originating
motion and, without prejudice to Order 8, rule 3(2), the
notice of such motion must state the grounds of the
application.

2. (1) Notice of a motion under rule 1 must be
entered at the Registry, and served, within the time limited
by the relevant enactment for making the application made
by the motion.

(2) Notice of the motion must be served on the
appropriate Minister or Government department, and on
the Attorney-General.

(3) In paragraph (2) “the appropriate Minister or
Government department” means the Minister of the Crown
or Government department by whom the order, scheme,
certificate, plan, amendment, approval or decision in
question was made, authorised, confirmed, approved or
given or on whose part the action in question was taken.

Jurisdiction of
Supreme Court
to quash certain
orders, schemes,
etc. (O. 80, r. 1).

Entry and service
of notice of
motion (O. 80,
r. 2).

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3. (1) Without prejudice to the powers of the Court
under Order 38, rule 2(3), evidence at the hearing of a
motion under rule 1 shall be by affidavit.

(2) Any affidavit in support of the application made
by such motion must be filed by the applicant in the
Registry within 14 days after service of the notice of
motion and the applicant must, at the time of filing, serve a
copy of the affidavit and of any exhibit thereto on the
respondent.

(3) Any affidavit in opposition to the application
must be filed by the respondent in the Registry within 21
days after the service on him under paragraph (2) of the
applicant’s affidavit and the respondent must, at the time of
filing, serve a copy of his affidavit and of any exhibit
thereto on the applicant.

(4) When filing an affidavit under this rule a party
must leave a copy thereof and of any exhibit thereto at the
Registry for the use of the Court.

(5) Unless the Court otherwise orders, a motion
under rule 1 shall not be heard earlier than 14 days after the
time for filing an affidavit by the respondent has expired.

4. (1) Every application to the Supreme Court by
the Attorney-General under section 29 of the Supreme
Court Act, 1996 shall be heard and determined by a judge.

(2) The application must be made by originating
motion, notice of which, together with an affidavit in
support, shall be filed in the Registry and served on the
person against whom the order is sought.

ORDER 81
PROCEEDS OF CRIME ACT, 2000

1. (1) In this Order “the Act” means the Proceeds
of Crime Act, 2000, and a section referred to by number
means the section so numbered in the Act.

Filing of
affidavits, etc.
(O. 80, r. 3).

Applications
under section 29
of the Supreme
Court Act, 1996
(O. 80, r. 4).
S.I. 92/1997.

S.I. 30/1988.

Interpretation
(O. 81, r. 1).

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(2) Expressions used in this Order which are used in
the Act have the same meanings in this Order as in the Act.

2. The jurisdiction of the Court under the Act shall
be exercised by a judge of the Court in chambers.

3. (1) An application for a restraint order under
section 26 or for a charging order under section 27 (to
either of which may be joined an application for the
appointment of a receiver) may be made by the Attorney-
General or on his behalf ex parte by originating motion.

(2) An application under paragraph (1) shall be
supported by an affidavit, which shall —

(a) state the grounds for believing that the defendant
has benefited from drug trafficking;

(b) state, as the case may be, either that proceedings
have been instituted against the defendant for a
drug trafficking offence (giving particulars of
the offence) and that they have not been
concluded or that an information is to be laid
that the defendant has or is suspected of having
committed a drug trafficking offence and when
it is intended that it would be laid;

(c) to the best of the deponent’s ability, give
particulars of the realisable property in respect
of which the order is sought and any names of
the person or persons holding such property.

(3) An originating motion under paragraph (1) shall
be entitled in the matter of the defendant, naming him, and
in the matter of the Act, and all subsequent documents in
the matter shall be so entitled.

(4) Unless the Court otherwise directs, an affidavit
under paragraph (2) may contain statements of informa-
tion or belief with the sources and grounds thereof.

4. (1) A restraint order may be made subject to
conditions and exceptions, including but not limited to
conditions relating to the indemnifying of third parties
against expenses incurred in complying with the order, and
exceptions relating to living expenses and legal expenses
of the defendant, but the plaintiff shall not be required to
give an undertaking to abide by any order as to damages
sustained by the defendant as a result of the restraint
order.

Assignment of
proceedings (O.
81, r. 2).

Application for
restraint order or
charging order
(O. 81, r. 3).

Restraint order
and charging
order (O. 81,
r. 4).

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(2) Unless the Court otherwise directs, a restraint
order made ex parte shall have effect until a day which
shall be fixed for the hearing inter partes of the application
and a charging order shall be an order to show cause,
imposing the charge until such day.

(3) Where a restraint order is made the applicant
shall serve copies of the order and of the affidavit in
support on the defendant and on all other named persons
restrained by the order and shall notify all other persons or
bodies affected by the order of its terms.

(4) Where a charging order is made the applicant
shall, unless the Court otherwise directs, serve copies of
the order and of the affidavit in support on the defendant
and, where property to which the order relates is held by
another person, on that person and shall serve a copy of the
order on such of the persons specified in Order 50, rule
3(2) as shall be appropriate.

5. (1) Any person or body on whom a restraint
order or a charging order is served or who is notified of
such an order may apply by summons to discharge or vary
the order.

(2) The summons and any affidavit in support shall
be lodged with the Court and served on the Attorney-
General and, where he is not the applicant, on the
defendant, not less than two clear days before the date
fixed for the hearing of the summons.

(3) Upon the Court being notified that proceedings
for the offences have been concluded or that the amount
payment of which is secured by a charging order has been
paid into Court, any restraint order or charging order, as
the case may be, shall be discharged.

6. (1) Where a restraint order or a charging order
has been made the Attorney-General may apply by
summons or, where the case is one of urgency, ex parte —

(a) to discharge or vary such order; or
(b) for a restraint order or a charging order in

respect of other realisable property; or
(c) for the appointment of a receiver.
(2) An application under paragraph (1) shall be

supported by an affidavit which, where the application is


Discharge or
variation of
order (O. 81,
r. 5).

Further
application
(O. 81, r. 6).

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for a restraint order or a charging order, shall to the best of
the deponent’s ability give full particulars of the realisable
property in respect of which the order is sought and specify
the person or persons holding such property.

(3) The summons and affidavit in support shall be
lodged with the Court and served on the defendant and,
where one has been appointed in the matter, on the
receiver, not less than two clear days before the date fixed
for the hearing of the summons.

(4) Rule 4(3) and (4) shall apply to the service of
restraint orders and charging orders respectively made
under this rule on persons other than the defendant.

7. (1) An application by the Attorney-General
under section 29 shall, where there have been proceedings
against the defendant in the Court, be made by summons
and shall otherwise be made by originating motion.

(2) The summons or originating motion, as the case
may be, shall be served with the evidence in support of not
less than 7 days before the date fixed for the hearing of the
summons on —

(a) the defendant;
(b) any person holding any interest in the realisable

property to which the application relates; and
(c) the receiver, where one has been appointed in

the matter.
(3) The application shall be supported by an affidavit

which shall, to the best of the deponent’s ability, give full
particulars of the realisable property to which it relates and
specify the person or persons holding such property, and a
copy of the confiscation order, of any certificate issued by
the Court under section 19(2) and of any charging order
made in the matter shall be exhibited to such affidavit.

(4) The Court may, on an application under section
29, exercise the power conferred by section 30(1) to direct
the making of payments by the receiver.

8. (1) Subject to the provisions of this rule, the
provisions of Order 30, rules 2 to 6 shall apply where a
receiver is appointed in pursuance of a charging order or
under section 26 or 29.

(2) Where the receiver proposed to be appointed has
been appointed receiver in other proceedings under the Act,
it shall not be necessary for an affidavit of fitness to be


Realisation of
property
(O. 81, r. 7).

Receivers (O. 81,
r. 8).

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sworn or for the receiver to give security, unless the Court
otherwise orders.

(3) Where a receiver has fully paid the amount
payable under the confiscation order and any sums remain
in his hands, he shall apply by summons for directions as
to the distribution of such sums.

(4) A summons under paragraph (3) shall be served
with any evidence in support not less than 7 days before
the date fixed for the hearing of the summons on —

(a) the defendant; and
(b) any other person who held property realised by

the receiver.
9. An application for an order under section 57

shall be made by summons, which shall be served, with
any supporting evidence, on the Attorney-General not less
than 7 days before the date fixed for the hearing of the
summons.

10. (1) An application by the Attorney-General
under section 38 shall be made by summons, which shall
state the nature of the order sought and whether material
sought to be disclosed is to be disclosed to a receiver
appointed under section 26 or 29 or in pursuance of a
charging order or to a police officer mentioned in section
38(7).

(2) The summons and affidavit in support shall be
served on the administrative head of the Government
Department not less than 7 days before the date fixed for
the hearing of the summons.

(3) The affidavit in support of an application under
paragraph (1) shall state the grounds for believing that the
conditions in section 38(4) and, if appropriate, section
38(6) are fulfilled.

ORDER 82
PRESENT PROCEDURE AND PRACTICE AND

REVOCATION
(R.S.C. 1978)

1. Where no other provision is made by the
Supreme Court Act or these Rules the present procedure and
practice shall remain in force.

Compensation
(O. 81, r. 9).

Disclosure of
information
(O. 81, r. 10).

S.I. 38/1996.

S.I. 38/1996

Present
procedure and
practice
(O. 82, r. 1).

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2. For the avoidance of doubt, it is hereby declared
that all writs, pleadings, summonses and other proceedings
of whatever nature in the Supreme Court may be taken, and
documents relating thereto signed, in the name of a firm of
attorneys acting for any party, by any person duly
authorized so to act.

3. Subject to the provisions of rule 1 all existing
Rules of the Supreme Court are hereby revoked.

Persons
authorized to act
(O. 82, r. 2).
S.I. 38/1996.

Revocation
(O. 82, r. 3).
S.I. 38/1996.
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