Advanced Search

Supreme Court (Amendment) Rules 2010


Published: 2010-02-15

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

EXTRAORDINARY

OFFICIAL GAZETTE THE BAHAMAS PUBLISHED BY AUTHORITY

NASSAU l71h February, 2010

<; .L". Ho. l\ .,C. &.o\d

Sur•~· ( oor\- CA...t~J.. ..... J0 (l.__,\t.s, }ti\Q

SUPREME COURT (AMENDMENT) RULES, 2010

Arrangement of Rules

Rule

1. Citation and commencement ...... .. ........ .. ... .. ... .. ..... ... . .. . .. . .. ... .. .. .. ... 2 2. Repeal ofPart 11 of Order 31 A ..................................................... 2 3. Amendment to Part III of Order 31 A ... . ... ... .. .. . . . ... . .... ... . . ... . ......... 2 4. Transitional ............................ ....................................................... 3

OFFICE OF THE ATTORNEY GENERAL AND MINISTRY OF LEGAL AFFAIRS

S.I. No. 11 of2010

SUPREME COURT (CHAPTER 53)

SUPREME COURT (AMENDMENT) RULES, 2010

The Rules Committee, in exercise of the powers conferred by section 76 of the Supreme Court Act, makes the following rules-

1. Citation and commencement.

( 1) These Rules may be cited as the Supreme Court (Amendment) Rules, 2010.

(2) These rules shall be deemed to have come into force on the 151h day ofFebruary, 2010.

2. Repeal of Part II of Order 31 A.

Part 11 of Order 31 A of the principal Rules is hereby repealed.

3. Amendment to Part Ill of Order 31 A.

Part Ill of Order 31 A of the principal Rules is hereby amended as follows-

(a) by the renumbering of Part Ill as Part 11;

(b) by the deletion of rule 7 and the substitution thereof of the following -

"7. Case management conference.

( 1) Upon the filing of a defence, the Registrar shall immediately refer the proceeding to a case management conference to be conducted by a Judge.

(2) Where only part of the proceeding is settled or no settlement of the proceedings is reached the Judge shall also conduct a case management conference.";

2

(c) by the deletion of the marginal note at rule 8 and the substitution thereof of the following -

"8. Procedure at case management conference";

(d) by the deletion of paragraph (1) of rule 8;

(e) by the renumbering of paragraphs (2), (3) and (4) of rule 8 as paragraphs (1), (2) and (3) respectively; and

(f) by the insertion of the following new paragraph immediately after paragraph (3) of rule 8 -

4. Transitional.

"( 4) The Judge, as the case may be, may refer the parties to a mediator to consider the claim or any issue arising in the claim.".

Where any civil proceeding is at the stage of a dispute resolution conference, after the commencement of these Rules, those proceedings shall be referred by the Registrar immediately to a case management conference.

Made this 151h day of February, 2010.

Signed Sffi MICHAEL BARNETT

Chief Justice Chairman - Rules Committee

3