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Supreme Court of Jamaica Civil Procedure Rules 2002

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Supreme Court of Jamaica Civil Procedure Rules 2002 SUPREME COURT OF JAMAICA CIVIL PROCEDURE RULES 2002 i CIVIL PROCEDURE RULES - 20002 ii SUPREME COURT OF JAMAICA CIVIL PROCEDURE RULES 2002 REVISED, AS AT SEPTEMBER 18, 2006 Published on behalf of the Government of Jamaica by The Caribbean Law Publishing Company Limited Kingston, Jamaica iii CIVIL PROCEDURE RULES - 20002 First published in Jamaica 2002 by The Caribbean Law Publishing Company 11 Cunningham Avenue PO Box 686 Kingston 6 Revised 2006 © The Government of Jamaica All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means electronic, photocopying, recording or otherwise without the prior permission of the Government of Jamaica. ISBN 976-8167-47-5 A catalogue of record of this book is available from the National Library of Jamaica Typeset by Shelly-Gail Folkes Set in Stone Informal 10pt Printed in the United States of America iv The Judicature (Rules of Court) Act [The Civil Procedure Rules 2002] In exercise of the powers conferred upon the Rules Committee of the Supreme Court by Section 4 of the Judicature (Rules of Court) Act, the following Rules are hereby made: CIVIL PROCEDURE RULES, 2002 1. These Rules may be cited as the Civil Procedure Rules, 2002, and shall come into operation, subject to the transitional provisions contained in part 73, on January 1, 2003. 2. All Rules of Court relating to the procedure in civil proceedings in the Supreme Court, save for those relating to insolvency (including winding up of Companies and bankruptcy), and matrimonial proceedings are hereby revoked. September 16, 2002 v CIVIL PROCEDURE RULES - 20002 vi Contents TABLE OF CONTENTS Formal Approval Preface Part 1 - The Overriding Objective 1 Rule 1.1 The overriding objective 1 Rule 1.2 Application of overriding objective by the court 1 Rule 1.3 Duty of parties 1 Part 2 - Application and Interpretation of these Rules 2 Rule 2.1 Citation and commencement 2 Rule 2.2 Application of these Rules 2 Rule 2.3 Application of Interpretation Act 3 Rule 2.4 Definitions 3 Rule 2.5 Who may exercise the powers of the court 5 Rule 2.6 Court staff 6 Rule 2.7 Court's discretion as to where, when and how it deals with cases 6 Part 3 - Time, Documents 8 Rule 3.1 Time - court to state calendar date 8 Rule 3.2 Time - computation 8 Rule 3.3 Terms 10 Rule 3.4 Hearings in vacations 10 Rule 3.5 Time - vacations 10 Rule 3.6 Documents 10 Rule 3.7 Filing of documents 11 Rule 3.8 Filing and service by FAX 12 Rule 3.9 Sealing of documents issued by court 12 Rule 3.10 Forms 12 Rule 3.11 Statements of case - address for service 13 Rule 3.12 Statements of case - certificate of truth 13 Rule 3.13 Failure to give certificate of truth 14 Rule 3.14 Right to inspect etc certain documents filed in court office 14 vii CIVIL PROCEDURE RULES - 2002 Part 4 - Practice Directions 16 Rule 4.1 Who may issue practice directions 16 Rule 4.2 Scope of practice directions 16 Rule 4.3 Publication of practice directions 16 Rule 4.4 Date from which practice directions take effect 16 Rule 4.5 Compliance with practice directions 17 Part 5 - Service of Claim Form within Jurisdiction 18 Rule 5.1 Service of claim form, normal method 18 Rule 5.2 Particulars of claim to be served with claim form 19 Rule 5.3 Method of personal service 19 Rule 5.4 Permitted place of service 19 Rule 5.5 Proof of personal service 19 Rule 5.6 Service on attorney-at-law 20 Rule 5.7 Service on limited company 20 Rule 5.8 Service on firm or partnership 21 Rule 5.9 Service on body corporate 21 Rule 5.10 Service on minors and patients 21 Rule 5.11 Proof of postal service 22 Rule 5.12 Proof of service by FAX 22 Rule 5.13 Alternative method of service 23 Rule 5.14 Power of court to make order for service by specified method 24 Rule 5.15 Proof of service by specified method 24 Rule 5.16 Service of claim form by contractually agreed method 24 Rule 5.17 Service of claim form on agent of principal who is out of jurisdiction 24 Rule 5.18 Service of claim for possession of vacant land 25 Rule 5.19 Deemed date of service 26 Part 6 - Service of other Documents 27 Rule 6.1 Who is to serve documents other than claim form 27 Rule 6.2 Method of service 27 Rule 6.3 Address for serving such documents 28 Rule 6.4 Address for serving documents where no address for service is given 28 Rule 6.5 Service of documents on person who is not a party 29 viii Contents Rule 6.6 Deemed date of service 29 Rule 6.7 Proof of service 30 Rule 6.8 Power of court to dispense with service 30 Part 7 - Service of Court Process out of Jurisdiction 31 Rule 7.1 Scope of this Part 31 Rule 7.2 General rule as to service of claim form out of jurisdiction 32 Rule 7.3 Service of claim form out of jurisdiction in specified proceedings 32 Rule 7.4 Proceedings which include other types of claim 35 Rule 7.5 Permission to serve claim form out of jurisdiction 35 Rule 7.6 Acknowledgment of service and defence where claim form served out of jurisdiction 36 Rule 7.7 Application to set aside service under Rule 7.3 36 Rule 7.8 Method of service of claim form - general provisions 37 Rule 7.9 Service of claim form through foreign governments etc. 37 Rule 7.10 Procedure where claim form is to be served through foreign governments etc. 38 Rule 7.11 Service of claim form on State where court permits service out of jurisdiction 39 Rule 7.12 Translation of claim form 40 Rule 7.13 Undertaking to be responsible for expenses of Minister with responsibility for foreign affairs 41 Rule 7.14 Service of court process other than claim form 41 Rule 7.15 Proof of service 41 Part 8 - How to Start Proceedings 42 Rule 8.1 The Claimant - how to start proceedings 42 Rule 8.2 Particulars of claim to be issued and served with claim form 43 Rule 8.3 Right to make claim which includes two or more claims 44 Rule 8.4 Claim not to fail by adding or failing to add parties 45 Rule 8.5 Special rules about parties in claims for wrongful interference with goods 45 Rule 8.6 Declaratory judgment 45 ix CIVIL PROCEDURE RULES - 2002 Rule 8.7 What must be included in claim form 46 Rule 8.8 Contents of fixed date claim form 47 Rule 8.9 Claimant's duty to set out case 47 Rule 8.9A Consequences of not setting out claim 47 Rule 8.10 Certificate of value (small claims) 48 Rule 8.11 Special requirements relating to claims for personal injuries 48 Rule 8.12 Relator claims 48 Rule 8.13 Service of claim form 48 Rule 8.14 Time within which claim form may be served 49 Rule 8.15 Extension of time for serving claim form 49 Rule 8.16 Defence form etc., must be served with claim form 50 Part 9 - Acknowledgment of Service and Notice of Intention to Defend 51 Rule 9.1 Scope of this Part 51 Rule 9.2 Filing acknowledgment of service and consequence of not doing so 51 Rule 9.3 The period for filing acknowledgment of service 52 Rule 9.4 Contents of acknowledgment of service 52 Rule 9.5 Right to dispute the jurisdiction of court not taken away by acknowledgment of service 53 Rule 9.6 Procedure for disputing court's jurisdiction, etc. 53 Part 10 - Defence 55 Rule 10.1 Scope of this Part 55 Rule 10.2 The defendant - filing defence and consequences of not doing so 55 Rule 10.3 The period for filing defence 56 Rule 10.4 Service of copy of defence 57 Rule 10.5 Defendant's duty to set out case 57 Rule 10.6 Special requirements applying to claims for personal injuries 58 Rule 10.7 Consequences of not setting out defence 58 Rule 10.8 Defence of tender 58 Rule 10.9 Reply to defence 59 x Contents Part 11 - General Rules about Applications for Court Orders 60 Rule 11.1 Scope of this Part 60 Rule 11.2 Applicants and respondents 61 Rule 11.3 Applications to be dealt with at case management conference 61 Rule 11.4 Time when application is made 61 Rule 11.5 Where to make application 61 Rule 11.6 Application to be in writing 62 Rule 11.7 What application must include 62 Rule 11.8 Notice of application 62 Rule 11.9 Evidence in support of application 62 Rule 11.10 Contents of notice of application 63 Rule 11.11 Service of notice of application 63 Rule 11.12 Powers of court in relation to conduct of application 64 Rule 11.13 Consequence of not asking for order in application 64 Rule 11.14 Applications which may be dealt with without hearing 64 Rule 11.15 Service of application where order made on application made without notice 65 Rule 11.16 Applications to set aside or vary order made on application made without notice 65 Rule 11.17 Power of court to proceed in absence of party 65 Rule 11.18 Application to set aside order made in absence of party 65 Part 12 - Default Judgments 66 Rule 12.1 Scope of this Part 66 Rule 12.2 Claims where default judgment may not be obtained 66 Rule 12.3 Cases where permission required 67 Rule 12.4 Conditions to be satisfied - judgment for failure to file acknowledgment of service 68 Rule 12.5 Conditions to be satisfied - judgment for failure to defend 68 Rule 12.6 Admission of part - request for time to pay 69 Rule 12.7 Procedure 69 Rule 12.8 Claim for specified sum of money 70 Rule 12.9 Claim against more than one defendant 70 Rule 12.10 Nature of default judgment 71 xi CIVIL PROCEDURE RULES - 2002 Rule 12.11 Interest 72 Rule 12.12 Costs 72 Rule 12.13 Defendant's rights following default judgment 72 Part 13 - Setting Aside or Varying Default Judgment 73 Rule 13.1 Scope of this Part 73 Rule 13.2 Cases where court must set aside default judgment 73 Rule 13.3 Cases where court may set aside or vary default judgment 74 Rule 13.4 Application to vary or set aside default judgment - procedure 74 Rule 13.5 Court to impose condition as to filing of
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