Administration of Justice (Prerogative Writs) Rules 1978

Interpretation

1 In these Rules—

"prerogative order" means an order of mandamus or of prohibi tion or of certiorari;

"summons" means an originating summons brought for the pur pose of obtaining a prerogative order.

Evidence; habeas corpus

2 Evidence given at any hearing on the return of a writ of habeas corpus shall be given orally unless either—

(a) the person restrained and all the persons on whom the writ has been served and who attend the hearing in per son or by attorney agree that it shall be given by affi davit; or

(b) the judge on the application of the person restrained or of any person on whom the writ has been served orders that in the interests of convenience some or all the evi dence shall be given by affidavit:

Provided that the judge shall only make such an order if he is satisfied that it will not prejudice the person restrained, and

Provided further that he shall only make such an order in re spect of evidence of fact within the knowledge of the proposed deponent.

Copies of documents; habeas corpus

3 Every party on the return of a writ of habeas corpus shall supply to every other party copies of any affidavits or other documents he pro poses to use at the hearing.

Procedure on hearing; habeas corpus

4 On the hearing of the writ of habeas corpus the parties shall be heard in the following order—

The person restrained or his attorney.

The evidence of the person restrained.

The parties on whom the writ has been served or their attorneys and their evidence in such order as the judge shall direct.

The reply of the person restrained or his attorney.

Application for summons to issue

5 (1) No summons shall issue without the leave of a judge.

(2) An application for leave to issue a summons shall be made ex parte to a judge in chambers.

(3) The judge may, in granting leave, impose such terms as to costs and giving security as he thinks fit.

(4) The grant of leave shall, if the judge so directs, operate as a
stay of the proceedings in question until the determination of the issue or until the judge otherwise orders.

Service of summons

6 (1) The summons must be served on all persons directly ef fected, and where it relates to any proceedings in or before a court, and the object is either to compel the court or an officer thereof to do any act in relation to the proceedings or to quash them or any order made therein, the summons must be served on the clerk or registrar of the court, the other parties to the proceedings and, where there is any ob jection to the conduct of any person, on that person.

(2) An affidavit giving the names and addresses of, and the place and date of service on, all persons who have been served with the sum mons must be filed before the summons is entered for hearing, and, if any person who ought to be served under paragraph (1) has not been served, the affidavit must state that fact and the reason why service has not been effected and the affidavit shall be before the judge on the hear ing of the summons.

(3) If on the hearing of the summons the judge is of opinion that any person who ought to have been served with the summons has not been served, whether or not he is a person who ought to have been served under paragraph (1), the judge may adjourn the hearing on such terms as he may direct in order that the summons may be served on that person.

Contents of summons

7 Every summons shall have attached a concise statement of the facts in respect of which the order is sought and the nature of the order that is sought to be made.

Hearing of summons

8 Rules 2, 3 and 4 shall apply mutatis mutandis to the hearing of a summons subject to the substitution of the prerogative order sought in place of the expression "habeas corpus" and the appropriate party in place of the expression "person restrained".

Revocation

9 [omitted.]

Forms

10 The following or similar forms shall be used in proceedings referred to in these Rules——

WRIT OF HABEAS CORPUS

To [blank]

You are required to bring before the Supreme Court at . . . . . . o'clock

in the [blank] noon on the [blank] day of [blank] 19 [blank],

A B at present restrained by you at [blank]

In order that it may be determined whether he is lawfully under your restraint.

By order of the Court

Signed

Dated this [blank] day of [blank] 19 [blank]

SUMMONS TO ATTEND HEARING ON RETURN OF WRIT
OF HABEAS CORPUS

In the Supreme Court.

Whereas the Honourable [blank] has granted a writ of habeas corpus directed to [blank] who is restraining AB commanding him to have AB brought before the Supreme Court at [blank] o'clock in the [blank] noon on the [blank] day of [blank] 19 [blank].

Let all parties concerned attend at the Supreme Court at such time when AB or his attorney will move the court that he should be re leased from restraint upon the grounds set forth in the statement at tached hereto.

And take notice that at the hearing the said AB will call the wit nesses and put in the documents in the list attached hereto.

SUMMONS FOR ORDER OR MANDAMUS PROHIBITION OR CERTIORARI

In the Supreme Court.

The Honourable [blank]

Upon hearing [blank]

Let all parties concerned attend the Supreme Court on [blank] day of [blank] 19 [blank], at [blank] o'clock in the [blank] noon upon the hearing of an application on the part of [blank] for an order of here state the nature of the order and the relief sought upon the ground set forth in the statement attached hereto.

And take notice that upon the hearing of the summons the said [blank] will call the witnesses and put in evidence the documents in the list attached hereto.

And further take notice that the Honourable [blank] by order dated [blank] has directed that all proceedings [blank] be stayed until after the hearing of this summons or until a further order is made.

Dated this [blank] day of [blank] 19 [blank].

Signed

Attorney for

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Bermuda Consolidated Legislation

Administration of Justice (Prerogative Writs) Rules 1978