Q UO N T FA R U T A F E BERMUDA RULES OF THE SUPREME COURT 1985 GN 470 / 1985 [made under section 62 of the Supreme Court Act 1905 and brought into operation on 4 January 1988] TABLE OF CONTENTS PRELIMINARY ORDER 1 CITATION, COMMENCEMENT, APPLICATION, INTERPRETATION, FORMS AND REVOCATION 1 1/1 Citation, commencement and revocation 2 1/2 Application 3 1/3 Application of Interpretation Act 1951 4 1/4 Definitions 5 1/5 Construction of references to Orders, rules, etc. 6 1/6 Construction of references to action etc. for possession of land 9 1/9 Forms ORDER 1A THE OVERRIDING OBJECTIVE 1 1A/1 The Overriding Objective 2 1A/2 Application by the Court of the Overriding Objective 3 1A/3 Duty of the Parties 4 1A/4 Court’s Duty to Manage Cases ORDER 2 EFFECT OF NON-COMPLIANCE 1 2/1 Non-compliance with rules 2 2/2 Application to set aside for irregularity 1 RULES OF THE SUPREME COURT 1985 ORDER 3 TIME 1 3/1 “month” means calendar month 2 3/2 Reckoning periods of time 4 3/4 Time expires on Sunday, etc. 5 3/5 Extension, etc. of time 6 3/6 Notice of intention to proceed after year’s delay COMMENCEMENT AND PROGRESS OF PROCEEDINGS ORDER 4 CONSOLIDATION OF PROCEEDINGS 10 4/10 Consolidation, etc. of causes or matters ORDER 5 MODE OF BEGINNING CIVIL PROCEEDINGS IN COURT 1 5/1 Mode of beginning civil proceedings 2 5/2 Proceedings which must be begun by writ 3 5/3 Proceedings which must be begun by originating summons 4 5/4 Proceedings which may be begun by writ or originating summons 5 5/5 Proceedings to be begun by motion or petition 6 5/6 Right to sue in person ORDER 6 WRITS OF SUMMONS: GENERAL PROVISIONS 1 6/1 Form of writ 2 6/2 Indorsement of writ 3 6/3 Indorsement as to capacity 5 6/5 Indorsement as to attorney and address 6 6/6 Concurrent writs 7 6/7 Issue of writ 8 6/8 Duration and renewal or writ ORDER 7 ORIGINATING SUMMONSES: GENERAL PROVISIONS 1 7/1 Application 2 7/2 Form of summons, etc. 3 7/3 Contents of summons 4 7/4 Concurrent summons 5 7/5 Issue of summons 6 7/6 Duration and renewal of summons 7 7/7 Ex parte originating summons ORDER 8 ORIGINATING AND OTHER MOTIONS: GENERAL PROVISIONS 1 8/1 Application 2 8/2 Notice of motion 2 RULES OF THE SUPREME COURT 1985 3 8/3 Form and issue of notice of motion 4 8/4 Service of notice of motion with writ, etc. 5 8/5 of hearing ORDER 9 PETITIONS: GENERAL PROVISIONS 1 9/1 Application 2 9/2 Contents of petition 3 9/3 Presentation of petition 4 9/4 Fixing time for hearing petition ORDER 10 SERVICE OF ORIGINATING PROCESS: GENERAL PROVISIONS 1 10/1 General provisions 2 10/2 Service of writ on agent of overseas principal 3 10/3 Service of writ in pursuance of contract 4 10/4 Service of writ in certain action for possession of land 5 10/5 Service of originating summons, petition and notice of motion ORDER 11 SERVICE OF PROCESS, ETC., OUT OF THE JURISDICTION 1 11/1 Principal cases in which service of writ out of jurisdiction is permissible 4 11/4 Application for, and grant of, leave to serve writ out of jurisdiction. 5 11/5 Service of writ abroad: general 6 11/6 Service of writ abroad through foreign governments, judicial authorities and British Consuls 7 11/7 Service of writ in certain actions under certain Acts 8 11/8 Undertaking to pay expenses of service by Deputy Governor 9 11/9 Service of originating summons, petition, notice of motion, etc. ORDER 12 ENTRY OF APPEARANCE TO WRIT OR ORIGINATING SUMMONS 1 12/1 Mode of entering appearance 3 12/3 Memorandum of appearance 4 12/4 Procedure on receipt of requisite documents 5 12/5 Time limited for appearing 6 12/6 Late appearance 7 12/7 Conditional appearance 8 12/8 Application to set aside writ, etc. 9 12/9 Appearance to originating summons ORDER 13 DEFAULT OF APPEARANCE TO WRIT 1 13/1 Claim for liquidated demand 2 13/2 Claim for unliquidated damages 3 13/3 Claim in detinue 4 13/4 Claim for possession of land 3 RULES OF THE SUPREME COURT 1985 5 13/5 Mixed claims 6 13/6 Other claims 7 13/7 Proof of service of writ 9 13/9 Setting aside judgment ORDER 14 SUMMARY JUDGMENT 1 14/1 Application by plaintiff for summary judgment 2 14/2 Manner in which application under Rule 1 must be made 3 14/3 Judgment for plaintiff 4 14/4 Leave to defend 5 14/5 Application for summary judgment on counterclaim 6 14/6 Directions 7 14/7 Costs 8 14/8 Right to proceed with residue of action or counterclaim 9 14/9 Judgment for delivery up of chattel 10 14/10 Relief against forfeiture 11 14/11 Setting aside judgment ORDER 15 CAUSES OF ACTION, COUNTERCLAIMS AND PARTIES 1 15/1 Joinder of causes of action 2 15/2 Counterclaim against plaintiff 3 15/3 Counterclaim against additional parties 4 15/4 Joinder of parties 5 15/5 Court may order separate trials, etc. 6 15/6 Misjoinder and non-joinder of parties 6A 15/6A Proceedings against estates 7 15/7 Change of parties by reason of death, etc. 8 15/8 Provisions consequential on making of order under rule 6 or 7 9 15/9 Failure to proceed after death of party 10 15/10 Actions for possession of land 11 15/11 Relator actions 12 15/12 Representative proceedings 12A 15/12A Derivative actions 13 15/13 Representation of interested persons who cannot be ascertained 14 15/14 Representation of beneficiaries by trustees, etc. 15 15/15 Representation of deceased person interested in proceedings 16 15/16 Declaratory judgment 17 15/17 Conduct of proceedings ORDER 16 THIRD PARTY AND SIMILAR PROCEEDINGS 1 16/1 Third party notice 2 16/2 Application for leave to issue third party notice 3 16/3 Issue and service of, and entry of appearance to, third party notice 4 16/4 Third party directions 4 RULES OF THE SUPREME COURT 1985 5 16/5 Default of third party, etc. 6 16/6 Setting aside third party proceedings 7 16/7 Judgment between defendant and third party 8 16/8 Claims and issues between a defendant and some other party 9 16/9 Claims by third and subsequent parties 10 16/10 Offer of contribution 11 16/11 Counterclaim by defendant ORDER 17 INTERPLEADER 1 17/1 Entitlement to relief by way of interpleader 2 17/2 Claim to goods, etc. taken in execution 3 17/3 Mode of application 4 17/4 To whom Provost Marshal General may apply for relief 5 17/5 Powers of Court hearing summons 6 17/6 Power to order sale of goods taken in execution 7 17/7 Power to stay proceedings 8 17/8 Other powers 9 17/9 One order in several causes or matters 10 17/10 Discovery 11 17/11 Trial of interpleader issue ORDER 18 PLEADINGS 1 18/1 Service of statement of claim 2 18/2 Service of defence 3 18/3 Service of reply and defence to counterclaim 4 18/4 Pleadings subsequent to reply 6 18/6 Pleadings: formal requirements 7 18/7 Facts, not evidence, to be pleaded 7A 18/7A Conviction, etc. to be adduced in evidence: matter to be pleaded 8 18/8 Matters which must be specifically pleaded 9 18/9 Matter may be pleaded whenever arising 10 18/10 Departure 11 18/11 Points of law may be pleaded 12 18/12 Particulars of pleading 13 18/13 Admissions and denials 14 18/14 Denial by joinder of issue 15 18/15 Statement of claim 16 18/16 Defence of tender 17 18/17 Defence of set-off 18 18/18 Counterclaim and defence to counterclaim 19 18/19 Striking out pleading and indorsements 20 18/20 Close of pleadings 21 18/21 Trial without pleadings 22 18/22 Saving for defence under Merchant Shipping Act 5 RULES OF THE SUPREME COURT 1985 ORDER 19 DEFAULT OF PLEADINGS 1 19/1 Default in service of statement of claim 2 19/2 Default of defence: claim for liquidated demand 3 19/3 Default of defence: claim for unliquidated damages 4 19/4 Default of defence: claim in detinue 5 19/5 Default of defence: claim for possession of land 6 19/6 Default of defence: mixed claims 7 19/7 Default of defence: other claims 8 19/8 Default of defence: counterclaims 9 19/9 Setting aside judgment ORDER 20 AMENDMENT 1 20/1 Amendment of writ without leave 2 20/2 Amendment of appearance 3 20/3 Amendment of pleadings without leave 4 20/4 Application for disallowance of amendment made without leave 5 20/5 Amendment of writ or pleading with leave 7 20/7 Amendment of other originating process 8 20/8 Amendment of certain other documents 9 20/9 Failure to amend after order 10 20/10 Mode of amendment of writ, etc. 11 20/11 Amendment of judgments and orders ORDER 21 WITHDRAWAL AND DISCONTINUANCE 1 21/1 Withdrawal of appearance 2 21/2 Discontinuance of action, etc. without leave 3 21/3 Discontinuance of action, etc.