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BERMUDA STATUTORY
INSTRUMENT
RULES OF THE COURT
OF APPEAL FOR BERMUDA
[made under section 9 of the Court of Appeal Act
1964 and brought into operation on 2 August 1965]
CONTENTS
ORDER 1
GENERAL RULE
1 Citation and commence ment
2 Interpretation
3 Service
4 Procedure and Practice
5 Enlargement of time and departure from
Rules
6 Copy of trial Judge's notes
7 Registry
8 Hours of opening to public
9 Sessions
10 Notification of Sittings
11 Adjournment
12 Registrar
13 Other officers
14 Seal of the Court
15 Powers of Registrar
16 Books to be kept by Reg istrar
17 Covers
18 Setting aside or vary ing order of
Registrar
19 Forms
ORDER 2
CIVIL APPEALS
1 Application
2 Notice and grounds of ap peal
3 Application for leave to appeal
4 Time
5 Notice of appeal, on whom served
6 Addresses for ser vice
7 Registrar's sum mons
8 Record of Appeal
9 Cost of Record
10 Security for costs
11 Additional security for costs
12 Transmission of record
13 Cross-appeal. No tice by respondent of
con tention that judgment should be varied
14 Notice of prelimi nary ob jection to be
filed
15 Withdrawal of ap peal
16 Appeal by respon dent where appeal with drawn
17 Non-compliance with con ditions of
appeal
18 Exhibits
19 Control of pro ceedings during pendency
of appeal
20 Submission by party not appear ing
21 Non-appearance of appel lant
22 Non-appearance of re spondent
23 Application so set aside ex parte judg ment
24 Interlocutory judg ment not to
prejudice appeal
25 Power of Court to give any judgment and
make any or der
26 Judgment
27 Order
28 Review of judg ment
29 Enforcement of judg ments
30 Execution of judg ment by Supreme Court
31 Costs
32 Fees
33 Proceedings by poor per sons
34 Costs in proceed ings by poor per sons
35 Matters not ex pressly pro vided for
36 Court to which applica tions should be
made
37 Stay of execution
38 Interlocutory ap plications. Power of
single Judge
ORDER 3
CRIMINAL APPEALS
Appeals from the
Supreme Court in its original juris diction or in its Appellate jurisdiction in
Criminal Cases
1 Application
2 Applications not spe cially provided
for
3 Obligation on ap pellant to fill up
forms of appeal no tices and an swer ques tions thereon
4(1) Notices of Appeal
4(2) How notices, etc., may be given or sent
4(3) Where appellant un able to write
4(4) Where question of sanity involved
4(5) Notice, etc., on be half of Corpora tions
5 Application for exten sion of time
6 Notice of applica tion for leave to
appeal
7 Dealing with appli-
cations for leave to appeal and other pre liminary applica tions
8 Forwarding of pro ceedings of Supreme
Court to Reg istrar
9 Fees
10 Record in Criminal ap peals from
Supreme Court in its original juris diction
11 Appeals in crimi nal mat ters from
Supreme Court in its appellate jurisdic tion
12 Records of sum ming up
13 Report of Judge of Court of Trial
14 Furnishing Judge of Court of Trial with
materials for report.
15 Bail
16 Fines
17 Varying order for restitu tion of
property
18 Non-suspension of Orders of Restitu tion
19 Restrictions on is sue of certificate
of con viction
20 Abandonment of ap peal
21 Notice of aban donment of appeal may be
withdrawn
22(1) Attendance of wit ness before the Court
22(2) Application to Court to hear wit nesses
22(3) Order appointing ex aminer
22(4) Furnishing exam iner with exhibits, etc.,
neces sary for exami nation
22(5) Notification of date of examination
22(6) Evidence to be taken on oath
22(7) Deposition of wit ness how to take
22(8) Expenses of wit nesses before ex aminer
22(9) Presence of parties at examination of wit nesses
23 Proceedings on refer ence
24(1) Notification of final determination of ap peals
24(2) Notification of ap peal in capital cases
25 Notification of re sult of appeal
26 Return of original deposi tions, etc.
27 Enforcement of or ders
28 Costs
29 Fees to assigned barris ters
30 Judgment of the Court
ORDER 4
COSTS IN CIVIL AND CRIMI NAL AP PEALS
1 Solicitor and client costs
2 Notice of taxation to be given by
Registrar
3 Reference by con sent
4 Bills not to be al tered after being
lodged
5 Default of appear ance at taxation
6 Discretion of Reg istrar
7 Basis of taxation
8 Order for costs
9 Excessive claims
10 Legal representa tive act ing as
counsel
11 Costs improperly in curred by legal
repre sentative
12 Notice of taxation
13 Party entitled to costs re fusing to
lodge bill for tax ation
14 Manner of preparing bills for taxation
15 Endorsement of bills
16 Vouchers to be pro duced on taxa tion
17 Endorsement of length of docu ments
18 Costs where legal repre sentative is em ployed
by two or more parties
19 Costs where trustees de fend separately
20 Appearance of party not inter ested
21 Instructions for af fidavits
22 Time and ad journment
23 Witnesses
24 Allowance of wit nesses' expenses
25 Allowances to cer tain per sons
26 Meaning of "folio"
27 Overriding discre tion
28 Improper agree ments
ORDER 5
MISCELLANEOUS
1 Waiver of non-compli ance with rules
2 Transitional provi sions
3 Appeals in disci plinary cases un der
the Bermuda Bar Act 1974
FIRST SCHEDULE
Civil Forms
1 Notice of appeal
2 Notice of motion for leave to appeal
3 Summons to par ties by Registrar to
settle record
4 Bond for costs on ap peal
5 Certificate of ser vice of notice of
appeal
6 Certificate of Reg istrar that condi tions
of ap peal have been fulfilled
7 Notice to parties of dis patch of
record
8 Notice by respon dent of intention to
contend that deci sion of the Supreme Court should be varied
9 Notice of intention to contend that
judgment should be upheld on grounds other than those relied on by the Supreme
Court
10 Notice of intention to rely upon a pre liminary
objec tion
11 Notice of with drawal of
appeal
12 Notice of with drawal of appeal by
agreement
13 Certificate of non-compli ance with con ditions
of ap peal
14 Form of declara tion that a party does
not wish to be present or repre sented at the hearing
15 Certificate of the Order of the Court
SECOND SCHEDULE
Criminal Forms
Rule
1 Notice of appeal from de cision of the
Supreme Court sitting as a Court of first in stance
2 Notice of applica tion for leave to
appeal from deci sion of the Supreme Court sitting as a Court of first in stance
3 Notice of appeal from de cision of the
Supreme Court sitting in its appel late juris diction
4 Notice of applica tion for leave to
appeal from deci sion of the Supreme Court sitting in its ap pellate ju risdiction
5 Notice of appeal by prose cutor
6 Notification by Regis trar of Supreme
Court of result of applica tion for leave to appeal
7 Notice of applica tion for extension
of time within which to appeal
8 Notification to ap pellant of a single
Judge's decision
9 Notice of appeal by ap pellant from re fusal
or a single Judge
10 Recognizance of bail of appellant
11 Recognizance of appel lant's sureties
12 Warrant for arrest of ap pellant on
bail
13 Notice of aban donment of appeal
14 Notification of abandon ment of ap peal
15 Notice of applica tion for leave to
withdraw an abandonment of appeal
16 Order to witness to attend Court for ex amination
17 Appellant's appli cation for further
witnesses
18 Notice to witness to attend before an
ex aminer
19 Caption for depo sition of witness
examined before an examiner
20 Notification to ap pellant of result of
ap plication
21 Notice to authori ties of re sult of ap plication
22 Notification to ap pellant of the re sult
of his appeal
23 Notice to authori ties of re sult of ap peal
THIRD SCHEDULE
Fees
FOURTH SCHEDULE
Scales of Fees payable to bar risters and attorneys
FIFTH SCHEDULE
Fees payable to barristers and attorneys assigned to rep resent an appellant
ORDER 1
General
1/1 Citation and commencement
1 These Rules may be cited as the Rules
of the Court of Appeal for Bermuda and shall come into operation on the second
day of August,
1965.
1/2 Interpretation
2 In these Rules, unless it is otherwise
expressly provided or re quired by the context:
"appeal"
includes an application for leave to appeal;
"appellant"
means a party appealing from a judgment or applying for leave in that behalf
and includes his legal representative;
"Registrar"
means Registrar of the Court;
"the Court"
means the Court of Appeal for Bermuda;
"Judge"
means the President or a Justice of Appeal;
"Supreme
Court" means the Supreme Court of Bermuda;
"legal
representative" means a person who has been admitted to practise in the
Court or in the Supreme Court and who has
been retained by or assigned to a
party to represent him in the proceedings before the Court;
"record" means the aggregate of papers
relating to an appeal (including the pleadings, proceedings, evidence and judg ments)
proper to be laid before the Court on the hearing of the appeal;
"President"
means the President of the Court or such other Judge of the Court who shall for
the time being be presiding
in the Court;
"Registrar of the
Supreme Court" includes the Assistant Regis trar of the Supreme Court, and
any officer of the Supreme
Court exercising functions analogous to those of the
Registrar of the Supreme Court;
"respondent"
in a civil appeal means any party (other than the appellant) directly affected
by the appeal, and in a criminal
appeal means the person who undertakes the
defence of the judgment appealed against.
"Rules"
means these Rules or any amendment thereof or addition thereto made under the
powers conferred by the Act, and
in cludes the Forms appended to these Rules.
"the Act"
means the Court of Appeal Act, 1964 [title
8 item 4] .
1/3 Service
3 (1) Any
reference in these Rules to an address for service means an address within the
jurisdiction where notices, pleadings, or ders,
summonses, warrants and other
documents, proceedings, and written communications, if not required to be
served personally, may
be left, or to which they may be sent.
(2) Where under these Rules any person has given
an address for service, any notice or other written communication which is not
re quired
to be served personally shall be sufficiently served upon him if it
is left at that address or sent by registered post to that address,
and in any
case where the date of service by post is material, service shall, until the
contrary is proved, be deemed to have been
effected at the hour of five o'clock
in the afternoon of the seventh day after the day of posting: provided that if
any period
within which service is, by the Act or these Rules, required to be
effected shall expire between the said date of post ing and the
said seventh
day, such period shall be deemed to be ex tended up to and so as to include
such seventh day, but no longer.
(3) Where under these Rules any notice or other
application to the Court, or to the Supreme Court, is required to have an
address for
service endorsed on it, it shall not be deemed to have been properly
filed unless such an address is endorsed on it.
(4) Any person
desiring to change his address for service shall notify the Registrar, who
shall thereupon communicate the new address
for service to anyone to whom he
may have communicated the former address.
(5) Where any person has given the address of a
legal practi tioner as his address for service and the legal practitioner is
not, or
has ceased to be, instructed by him for the purpose of the proceedings
con cerned, it shall be the duty of the legal practitioner
to inform the Regis trar
as soon as may be that he is not authorised to accept service on be half of the
client, and if he omits
to do so he may be ordered to pay any costs occasioned
thereby.
(6) Except as may
be otherwise provided in these Rules or in any other written law, no notice or
other written communication in pro
ceedings in the Court, need be served
personally except the notice of ap peal:
Provided that if the
Court is satisfied that the notice of appeal has in fact been communicated to
the respondent, no objection
to the hear ing of the appeal shall lie on the
ground that the notice of appeal was not served personally.
(7) Where the Attorney General or any other
public officer is a party ex officio
or as representing the Crown in any proceedings in the Court, whether civil or
criminal, any notice or other document may be served
on him by leaving it at or
by sending it by registered post to his chambers or office and service in this
manner shall be as effective
as if it were personal service.
(8) Where any document is required by these
Rules to be served personally, it shall be sufficiently served if it is served
in the manner
prescribed by law for the personal service of a writ of summons
issued by the Supreme Court, and if it appears to the Court that
for any reason
personal service cannot be conveniently effected, the Court shall have the same
power as the Supreme Court to direct
that service be ef fected in some other
way.
(9) Where any person out of the jurisdiction is
a necessary or proper party to an appeal, the Court may allow service out of
the juris
diction of any document required by the Act or these Rules to be
served upon such party.
(10) Every application for an order for leave to
serve any such document on a party out of the jurisdiction shall be supported
by evi
dence on affidavit or otherwise showing in what place or country such
party is or probably may be found, and the grounds upon which
the ap plication
is made.
(11) An order giving leave to effect service out of
the jurisdiction shall prescribe the mode of service, and shall limit a time
after
such ser vice within which such party shall comply, in the case of a
document re-
quiring compliance with any terms thereof, with such terms, such time to depend
on the place or country where or within which the
summons is to be served, and
the Court may receive an affidavit or statutory declara tion of such service
having been effected
as prima facie
evidence thereon.
1/4 Procedure and Practice
4 The procedure and practice of the Court
shall be prescribed by these Rules.
1/5 Enlargement of time and departure from Rules
5 The Court may enlarge the time
provided by these Rules for the doing of anything to which these Rules apply,
or may direct a departure
from these Rules in any other way when this is
required in the interests of justice.
1/6 Copy of trial Judge's notes
6 Every person desiring to appeal to the
Court from a judgment of the Supreme Court given in its original jurisdiction
shall be entitled,
on making, either by himself or by his legal representative,
written applica tion to the Registrar of the Supreme Court, and on
payment of
the pre scribed fees, to a copy of the notes of evidence taken by the trial
Judge.
1/7 Registry
7 (1) The
Registry of the Court is situate at the Sessions House, Hamilton, and, except
when otherwise expressly provided, all documents
and proceedings shall be filed
in this Registry.
(2) A document may be filed in the Registry of
the Court either by being delivered there by the party or his legal representative
or
agent in person or by being sent there by registered post and in either case
shall be accompanied by a remittance for the appropriate
fee.
1/8 Hours of opening to public
8 The Registry of the Court shall,
subject to the directions of the President, be open to the public on every day
in the year from
nine o'clock in the forenoon to five o'clock in the afternoon,
except:
(a) on Sundays or on any public holidays; or
(b) on Thursdays and during vacations of the
Supreme Court when the Registry shall be open to the public from nine o'clock
in the forenoon
to twelve o'clock noon.
1/9 Sessions
9 Sessions of the Court for the hearing
of all such applications as may be dealt with by a Judge under the powers
conferred by section
19 of the Act shall be held at such times as a Judge may
direct.
1/10 Notification of Sittings
10 (1) The
sittings of the Court and the matters to be disposed of at such sittings shall
be advertised and notified in such manner as
a Judge may direct:
Provided that the Court
may in its discretion hear any appeal an deal with any other matter whether or
not the same has been advertised.
(2) This Rule shall not apply to the hearing of
any matter by single Judge.
1/11 Adjournment
11 The Court may at any time on
application or of its own accord adjourn any proceedings pending before it from
time to time.
1/12 Registrar
12 The Registrar shall have the custody of
the records of the Court an shall exercise such other functions as are assigned
to him by
these Rules.
1/13 Other officers
13 The President may assign, and the
Registrar may, with the ap proval of the President, delegate to any officer of
the Supreme Court
Registry an functions required by these Rules to be exercised
by the Registrar.
1/14 Seal of the Court
14 Subject to the provisions of this Rule,
the Seal of the Court and any duplicate thereof shall be kept in custody of the
Registrar,
and except as the President may otherwise direct shall not be
affixed to any writ, rule, order or other process or to any document
without
the express au thority of the Registrar.
1/15 Powers of Registrar
15 The Registrar shall have the same
jurisdiction, powers and du ties as the Masters of the Supreme Court, Clerks of
Criminal Courts,
Registrars and the like officers of the Supreme Court of
Judicature and
the Court of Criminal Appeal in England, in addition to such other jurisdic tion,
powers and duties as are given him by these Rules
or such further powers and
duties as the President may direct.
1/16 Books to be kept by Registrar
16 (1) The
Registrar shall keep:—
(a) a Criminal Appeal Book; and
(b) a Civil Appeal Book;
each of which
shall contain an in dex in alphabetical order.
(2) The following particulars shall be entered
in the Crimi nal Appeal Book, and the Civil Appeal Book:
(a) the number of the appeal;
(b) the names of the appellant and respondent;
(c) the Court from which the appeal is brought;
(d) the date and place of hearing of the appeal;
(f) the subject matter of the appeal;
(g) the judgment of the Court;
(h) any subsequent proceedings and remarks.
1/17 Covers
17 As soon as notice of appeal is
delivered the Registrar shall pre pare a cover in which pleadings or documents
relating to the appeal
or case shall be filed and on the front page thereof
shall be recorded partic ulars of such pleadings or documents and the dates
on
which they are received.
1/18 Setting aside or varying order of Registrar
18 Any person aggrieved by anything done
or ordered to be done by the Registrar other than anything ordered or done by
the direction
of the President, may apply to a Judge to have the act, order or
ruling com plained of set aside or varied and the Judge may give
such
directions or make such order thereon as he thinks fit. Such application shall
be made by notice of motion supported by affidavits
setting out the com plaint
and the relief sought.
1/19 Forms
19 The forms set out in the First and
Second Schedules to these Rules, or forms as near thereto as circumstances
permit, shall be used
in all cases to which such forms are applicable.
ORDER 2
CIVIL APPEALS
2/1 Application
1 This order shall apply to appeals to
the Court from the Supreme Court acting either in its original or its appellate
jurisdiction
in civil cases, and to matters related thereto.
2/2 Notice and grounds of appeal
2 (1) Without
prejudice to the provisions of rule 3(1)(e) of this Or der, all appeals shall
be brought by notice (hereinafter called "the
notice of appeal") to
be filed in the Registry of the Supreme Court within the following periods,
that is to say—
(a) in the case of an appeal from an interlocutory
order, seven days from the date on which leave to appeal is granted; and
(b) in any other case, six weeks calculated from
the date on which the judgment or order appealed against was signed, entered or
otherwise
perfected.
(2) The notice of appeal shall be signed by the
appellant and shall—
(a) set forth the grounds of appeal;
(b) state whether the whole or part only of the
decision of the Supreme Court is complained of (in the latter case specifying
such part);
(c) state the exact nature of the relief sought;
(d) state the names and addresses of all parties
directly af fected by the appeal;
(e) be accompanied by a sufficient number of copies
for ser vice on all such parties;
(f) be endorsed with the address for service of
the person or persons filing the notice of appeal.
(3) If the grounds of appeal allege misdirection
or error in law the particulars and the nature of the misdirection or error
shall be
clearly stated.
(4) The notice of appeal shall set forth
concisely and under dis tinct heads the grounds upon which the appellant
intends to rely at
the hearing of the appeal without any argument or narrative
and shall be numbered consecutively.
(5) No ground which is vague or general in terms
or which dis closes no reasonable ground of appeal shall be permitted, save the
gen
eral ground that the judgment is against the weight of the evidence, and
any ground of appeal or any part thereof which is not permitted
under this rule
may be struck out by the Court of its own motion or on appli cation by the
respondent.
(6) The appellant shall not without the leave of
the Court urge or be heard in support of any ground of appeal not mentioned in
the
no tice of appeal, but the Court may in its discretion allow the appellant
to amend the grounds of appeal upon payment of the fees
prescribed for making
such amendment and upon such terms as the Court may deem just.
(7) Notwithstanding the foregoing provisions the
Court in de ciding the appeal shall not be confined to the grounds set forth by
the
appellant:
Provided that the Court
shall not if it allows the appeal rest its decision on any ground not set forth
by the appellant unless
the respon dent has had sufficient opportunity of
contesting the case on that ground.
(8) A notice of appeal or a respondent's notice
(as provided in rule 13 of this Order) may be amended—
(a) by or with the leave of the court, at any time;
(b) without such leave, by supplementary notice
served upon each of the parties upon whom the notice to be amended was served,
not later
than seven days before the first day of the sitting of the Court at
which the ap peal is set down for hearing.
2/3 Application for leave to appeal
3 (1) Where
an appeal lies only by leave of the Court or of the Supreme Court, any
application to either Court shall be made by notice
of motion ex parte in the first instance and the
following provisions shall apply:
(a) where the application is made to the Supreme
Court, the notice of motion shall be filed with the Registrar of that Court not
late
than fourteen days after the date of the decision of the Supreme Court;
(b) if the application is refused by the Supreme
Court and the intending appellant desires to apply to the Court for leave to
appeal,
he shall file his notice of motion with the Registrar not later than
seven days after such refusal;
(c) unless the application (whether to the Court or
to the Supreme Court) is dismissed or it appears to the Court to which the
application
is made that undue hardship would be caused by an adjournment, that
Court shall adjourn the application and give directions for
the ser vice of
notice thereof upon the party or parties affected;
(d) if leave to appeal is granted by the Supreme
Court, the appellant shall file a notice of appeal;
(e) where leave to appeal is granted by the Court,
the time, prescribed by Rule 2 of this Order, within which notice of appeal
must
be filed shall run from the date when such leave is granted.
(2) Every notice of motion filed in pursuance of
paragraph (1) of this Rule shall set out the grounds of the application and
shall be
accompanied by an affidavit in support thereof and by a statement of
the grounds of the intended appeal formulated in accor dance
with Rule 2 of
this Order.
2/4 Time
4 (1) An
appeal shall be deemed to have been brought when the notice of appeal has been
filed in the Registry of the Supreme Court.
(2) Every application for an enlargement of time
within which to appeal shall be supported by an affidavit setting forth good
and sub
stantial reasons for the failure to appeal within the prescribed
period, and by grounds of appeal which prima
facie show good cause why the appeal should be heard. When time is so
enlarged a copy of the order granting such enlargement shall be
annexed to the
notice of appeal.
(3) An application for enlargement of time
within which to ap peal may be heard and determined by a single Judge; but, if
the Judge
refuses an application made under this provision, the party aggrieved
by such refusal shall be entitled to have the application
heard and deter mined
by the Court.
2/5 Notice of appeal, on whom served
5 (1) The
Registrar of the Supreme Court shall, after the notice of appeal has been
filed, cause to be served a true copy thereof upon
each of the parties
mentioned in the notice of appeal. It shall not be necessary to serve any party
not directly affected:
Provided that the Court
may, of its own motion, or on the appli cation of any person claiming to be
affected, direct notice to be
served on all or any parties to the action or
other proceeding or upon any person not a party and in the meantime may
postpone
or adjourn the hearing of the appeal upon such terms as may be just
and make such order as might have been made if the persons served
with such
notice had been originally parties to the appeal.
(2) Notwithstanding anything in Rule 3(6) of
Order 1, where in any proceeding in the Supreme Court a party has given an
address for
service, notice of appeal from any decision given in such
proceeding may be served on such party at such address for service, notwithstanding
that the address may be that of a legal representative who has not been
retained for the purpose of an appeal, and notice of any
application
preparatory or incidental to any such appeal may be served in like man ner at
any time before the date on which the
respondent gives notice of his address
for service in accordance with the immediately following rule.
2/6 Addresses for service
6 (1) Every
person who by virtue of service on him of a notice of appeal becomes a
respondent to any appeal or intended appeal shall within
fourteen days after
service on him of the notice of appeal file in duplicate with the Registrar of
the Supreme Court notice of
a full and sufficient address for service in such
number of copies as the said Reg istrar shall require. The Registrar of the
Supreme
Court shall forthwith send a copy of the notice of address to the
Registrar and shall cause a copy thereof to be served on the appellant.
(2) Such notice may be signed by the respondent
or his legal representative.
(3) If any respondent fails or omits to file
such notice of ad dress for service it shall not be necessary to serve on him
any other
pro ceedings in the appeal or any notice of hearing thereof
(4) Any party to an appeal or intended appeal
may change his address for service at any time by filing and serving on all
other parties
to the appeal or intended appeal notice of such change.
(5) An address for service given for the purpose
of any appeal shall be effective for the purposes of any application for leave
to appeal
to Her Majesty in Council from any decision given in that appeal and
of any application or matter in connection with such application
for leave to
ap peal as aforesaid.
2/7 Registrar's summons
7 (1) The
Registrar of the Supreme Court shall after the expira tion of the time
prescribed for filing notice of address for service summon
[Civil Form 3] the parties before him to—
(a) settle the documents to be included in the
record of ap peal;
(b) fix the amount to be deposited by the appellant
to cover the estimated cost of making up and forwarding the record of appeal;
(c) fix the amount to be deposited by the appellant
or se cured by bond for the due prosecution of the appeal and the payment of
any
costs.
(2) The Registrar of the Supreme Court shall,
whether any of the parties attend or not provided that notice has been duly
served on
those parties who filed an address for service, proceed to settle and
de termine those matters in accordance with Rules 8, 9 and
10 of this Order.
2/8 Record of Appeal
8 (1) The
Record of appeal shall contain the following documents in the order set out—
(a) the index;
(b) a statement by the Registrar of the Supreme
Court giving brief particulars of the case and including a schedule of the fees
paid;
(c) copies of the documents settled by the
Registrar of the Supreme Court for inclusion in the Record of Appeal in
accordance with Rule
7 of this Order;
(d) a copy of the notice of appeal and other relevant docu ments filed in connection with the appeal.
(2) The Registrar of the Supreme Court, as well
as the parties shall endeavour to exclude from the record all documents (more
partic
ularly such as are merely formal) that are not relevant to the subject
matter of the appeal and generally to reduce the bulk of the record as far as
practicable taking special care to avoid duplication
of documents and
unnecessary repetition of headings and other merely formal parts of doc uments;
but the documents omitted to be
copied shall be enumerated in a list at the end
of the Record. Where part or parts only of any lengthy document are directly
relevant
to the subject matter of the appeal, it shall be permissible to omit
to copy such parts of the document as are neither directly
relevant to the
subject matter of the appeal nor neces sary for the proper understanding of the
part or parts that are so rele
vant.
(3) If the Registrar of the Supreme Court or any
party objects to the inclusion of a document on the ground that it is
unnecessary or
ir relevant and the other party nevertheless insists upon its
being included, the document shall be included and the record shall,
with a
view to the subsequent adjustment of the costs of and incidental to the
inclusion of such document, indicate in the index
of papers or otherwise the
fact that, and the party by whom the inclusion of the document was objected to.
(4) It shall not be necessary for copies of
individual documents to be separately certified but the Registrar of the
Supreme Court shall
certify as correct each copy of the Record transmitted by
him in accor dance with these Rules.
2/9 Cost of Record
9 The appellant shall within such times
as the Registrar of the Supreme Court directs deposit with him a sum fixed to
cover the esti
mated expense of making up and forwarding the record of appeal
calcu lated at the full cost of one copy for the appellant and one-fifth
cost
for each of the five copies for the use of the Court.
2/10 Security for costs
10 The appellant shall within such time as
the Registrar of the Supreme Court directs deposit [Civil form 4] such sum as shall be determined by such Registrar or
give security therefor by bond with one or more sureties to his satisfaction
as
such Registrar may direct for the due prosecution of the appeal and for the
payment of any costs which may be ordered to be
paid by the appellant:
Provided that no
deposit or security shall be re quired where the deposit would be payable by
the Crown or a Govern ment department.
2/11 Additional
security for costs
11 The Court may, where necessary, require
security for costs or for performance of the orders to be made on appeal, in
addition to
the sum determined under Rule 10 of this Order.
2/12 Transmission of record
12 (1) The
Registrar of the Supreme Court shall [Civil
forms 5 and 6] transmit the record when ready together with—
(a) a certificate of service of the notice of
appeal;
(b) a certificate that the conditions imposed under
Rules 9 and 10 of this Order have been fulfilled;
(c) five copies of the record for the use of the
Judges;
(d) the docket or file of the case in the Supreme
Court con taining all papers or documents filed by the parties in connection
therewith;
to the Registrar
of the Court.
(2) The Registrar of the Supreme Court shall [Civil form 7] also cause to be served on
all parties mentioned in the notice of appeal who have filed an address for
service a notice that the
record has been forwarded to the Registrar of the
Court who shall in due course enter the appeal in the cause list.
2/13 Cross-appeal. Notice by respondent of
contention that judgment should be varied
13 (1) It
shall not be necessary for the respondent to give notice of motion by way of
cross-appeal; but if a respondent intends upon the
hearing of the appeal to
contend that the decision of the Supreme Court should be varied, or that it
should be affirmed on grounds
other than those relied on by that Court he shall
within one month after service upon him of the notice of appeal cause written
notice of such intention [Civil forms 8
and 9] to be given to every party who may be affected by such contention,
whether or not such party has filed an address for service.
In such notice the
re spondent shall clearly state the grounds on which he intends to rely and
within the same period he shall
file with the Registrar of the Supreme Court
six copies of such notice of which one shall be included in the record, and the
other
five copies provided for the use of the Judges.
(2) Omission to give such notice shall not
diminish any powers of the Court but may in the discretion of the Court be a
ground for post-ponement
or adjournment of the appeal upon such terms as to
costs or otherwise as may be just.
2/14 Notice of preliminary objection to be filed
14 (1) A
respondent intending to rely upon a preliminary objection to the hearing of the
appeal shall give the appellant three clear days
no tice thereof before the
hearing, setting out the grounds of objection, and shall file such notice [Civil form 10] together with six copies
thereof with the Registrar within the same time.
(2) No objection shall be taken to the hearing
of an appeal on the ground that the amounts fixed by the Registrar of the
Supreme Court
under Rule 7 (1) of this Order were incorrectly assessed.
(3) If the respondent fails to comply with
paragraph (1) of this rule the Court may refuse to entertain the objection or
may adjourn
the hearing thereof at the cost of the respondent or may make such
other order as it thinks fit.
2/15 Withdrawal of appeal
15 (1) An
appellant may at any time before the appeal is called on for hearing serve on
the parties to the appeal and file a notice [Civil form 11] with the Registrar to the effect that he does not
intend further to prosecute the appeal.
(2) If all parties to the appeal consent [Civil form 12] to the withdrawal of the appeal without order of the Court the
appellant may file in the Registry the document or documents signifying
such
consent and signed by the parties or by their legal representatives and the
appeal shall thereupon be deemed to have been
withdrawn and shall be struck out
of the list of appeals by the Registrar. In such event any sum lodged in Court
as se curity for
the costs of the appeal shall be paid out to the appellant.
(3) The withdrawal of an appeal with the consent
of the parties under paragraph (2) of this Rule shall be a bar to further proceedings
on any application made by the respondent under Rule 13 of this Order.
(4) If all the parties do not consent to the
withdrawal of the ap peal as aforesaid, the appeal shall remain on the list,
and shall
come on for the hearing of any issue as to costs or otherwise
remaining out standing between the parties, including any application
made by
the re spondent under Rule 13 of this Order, and for the making of an order as
to the disposal of any sum lodged in Court
as security for the costs of appeal.
(5) An appeal which has been withdrawn under
this Rule, whether with or without an order of the Court, shall be deemed to
have been
dismissed.
2/16 Appeal by respondent where appeal withdrawn
16 Where an appeal is withdrawn under the
preceding rule any re spondent who has not given a notice under Rule 13 of this
Order may
give notice of appeal and proceed therewith in the manner prescribed
by the foregoing rules; and in such case the times limited
for giving notice of
appeal, for depositing the sum estimated to cover the costs of the record and
for furnishing the security
for costs may, on application to the Court, be
extended so far as is reasonably necessary in all the circum stances of the
case.
2/17 Non-compliance with conditions of appeal
17 (1) If
the appellant has complied with none of the requirements of Rules 9 and 10 of
this Order the Registrar of the Supreme Court shall
certify such fact to a
Judge who shall thereupon order that the appeal be dismissed either with or
without costs, and shall cause
the appellant and the respondent to be notified
of the terms of his order.
(2) Where an appeal has been dismissed under
paragraph (1) of this Rule, a respondent who has given notice under Rule 13 of
this Order
may [Civil form 13] give notice of appeal and the
provisions of Rule 16 of this Order shall apply as if the appeal were brought
under that Rule.
(3) If the respondent alleges that the appellant
has failed to comply with a part of the requirements of Rules 2, 9 or 10, of
this Order,
a Judge, if satisfied that the appellant has so failed, may dismiss
the ap peal for want of due prosecution or make such other order
as the justice
of the case may require.
(4) An appellant whose appeal has been dismissed
under this rule may apply by notice of motion that his appeal be restored. Any
such
application may be made to the Court and the Court may in its discre tion
for good and sufficient cause order that such appeal be
restored upon such
terms as it may think fit.
2/18 Exhibits
18 (1) Subject as hereinafter provided, each party shall, immedi ately after an appeal becomes pending before the Court, deliver to the Supreme Court all documents (being exhibits in the case or which were tendered as exhibits and rejected) which are in his custody or were pro duced or put in by him at the trial.
(2) Subject as hereinafter provided, each party
to an appeal shall be prepared to produce at the hearing of the appeal all
exhibits,
other than documents, which are in his custody or were produced or
put in by him at the trial.
(3) In case any party finds it difficult to
comply with the previ ous provisions of this rule owing to the nature of the
documents or
other exhibit or owing to its being in possession of a third party
or for any other reason, he may apply to the Registrar of the
Supreme Court for
di rections.
(4) The Registrar of the Supreme Court may,
either of his own motion or upon application, give any directions he sees fit,
whether dis
pensing with the provisions of this rule or modifying its
application in any way or for securing compliance with it.
(5) All original documents delivered to the
Supreme Court un der this rule shall remain in the custody of the Supreme Court
until the
record of appeal has been prepared, and shall then be forwarded with
the record to the Registrar and shall remain in the custody
of the Court until
the determination of the appeal:
Provided that the Court
or Registrar may allow the return of any document to any party pending the
hearing of the appeal and subject
to such conditions as it or he may impose.
2/19 Control of proceedings during pendency of
appeal
19 After an appeal has been entered and
until it has been finally disposed of, the Court shall be seized of the whole
or the proceedings
as between the parties thereto, and except as may be otherwise
provided in this Order, every application therein shall be made to
the Court
and not to the Supreme Court.
2/20 Submission by party not appearing
20 At any time before the hearing of the
appeal any party to the ap peal may file [Civil
form 14] a declaration in writing
that he does not wish to be present in person or by a legal representative on
the hearing of the appeal,
to gether with four copies of such arguments as he
desires to submit to the Court and serve a copy of such declaration and
arguments
upon every other party who has filed an address for service and
thereupon the ap peal shall be dealt with as if the party had appeared.
2/21 Non-appearance of appellant
21 (1) If
the appellant fails to appear when his appeal is called on for hearing and has
not taken action under Rule 20 of this Order,
the appeal may be struck out or
dismissed with or without costs.
(2) When an appeal has been struck out owing to
the non-ap pearance of the appellant the Court may, if it thinks fit, and on
such terms
as to costs or otherwise as it may deem just, direct the appeal to
be re-entered for hearing,
2/22 Non-appearance of respondent
22 If the respondent fails to appear when
the appeal is called on for hearing and has not taken action under Rule 20 of
this Order,
the Court may proceed to hear the appeal ex parte.
2/23 Application to set aside ex parte judgment
23 (1) Where
an appeal has been heard ex parte
under Rule 22 and any judgment has been given therein adverse to the
respondent, he may apply to the Court to set aside such judgment
and to re-hear
the appeal.
(2) No application to set aside and re-hear
under this Rule shall be made after the expiration of twenty-one days from the
date of the
judgment sought to be set aside:
Provided that a
respondent who has failed within the period of twenty-one days to make
application under this rule may nevertheless
at any time within a further
period of three months thereafter apply to the Court on notice to the appellant
to set aside such
judgment, and the Court if satisfied that good and sufficient
cause has been shown for the application being out of time, may grant
the
application and make such order in relation thereto or as to costs as it may
deem fit in the circumstances.
(3) Any such application shall be by motion accompanied
by an affidavit setting forth the reasons and grounds for the application and
the Court may thereupon in its discretion set aside the judgment and or der
that the appeal be re-heard at such time and upon such
conditions as to costs
or otherwise as it may think fit.
2/24 Interlocutory judgment not to prejudice
appeal
24 No interlocutory judgment or order from
which there has been no appeal shall operate so as to bar or prejudice the
Court from giving
such decision upon the appeal as may seem just.
2/25 Power of Court to give any judgment and make
any order
25 The Court shall have power to give any
judgment or make any order that ought to have been made, and to make such
further or other
order as the case may require including any order as to costs.
These powers may be exercised by the Court, notwithstanding that
the appel lant
may have asked that part only of a
decision may be reversed or
varied, and may also be exercised in favour of all or any of the respon dents
or parties, although such respondents or parties
may not have ap pealed from or
complained of the decision.
2/26 Judgment
26 (1) The
judgment of the Court shall be pronounced in open Court, either on the hearing
of the appeal or at any subsequent time of which
notice shall be given by the Registrar
to the parties to the appeal.
(2) A judgment of the Court may be read by any
Judge whether or not he sat as a Judge of the Court at the hearing of the
appeal.
(3) A certified copy of the judgment shall be
sent by the Regis trar to the Supreme Court.
2/27 Order
27 (1) Every
judgment of the Court shall be embodied in an order.
(2) A sealed or certified copy of the order
shall be sent by the Registrar to the Supreme Court.
(3) Interlocutory orders shall be prepared in
like manner.
2/28 Review of judgment
The Court shall
not review any judgment once given and deliv ered by it save and except in
accordance with the practice of the Court
of Appeal in England.
2/29 Enforcement of judgments
29 Any judgment given by the Court may be
enforced by the Court or by the Supreme Court or by any other Court which has
been seized
of the matter, as the Court may direct.
2/30 Execution of judgment by Supreme Court
30 When the Court directs any judgment to
be enforced by another Court, a certificate [Civil form 15] under the seal of the Court and the hand of the pre siding
Judge setting forth the judgment shall be transmitted by the Reg istrar
to such
other Court, and the latter shall enforce such judgment in terms of the
certificate.
2/31 Costs
31 Where the costs of an appeal are
allowed they may either be or dered to be taxed (in which event the provisions
of Order 4 shall
apply) or be fixed at the time when the judgment is given.
2/32 Fees
32 (1) Save
as hereinafter provided, the fees prescribed in the Third Schedule shall be
charged in respect of the matters to which they
are respectively assigned, and
shall be paid to the Registrar or to the Registrar of the Supreme Court as the
case may be,
(2) No fee shall be payable in respect of any
matter where such fee would be payable by the Crown or any Government
Department:
Pro vided that when any
person is ordered to pay the costs of the Crown or any Government Department in
any case, all fees which
would have been payable but for the provisions of this
paragraph shall be taken as having been paid and shall be recoverable from
such
person.
(3) The Supreme Court or the Court may, on
account of the poverty of any party or for other sufficient reason dispense, if
it sees fit,
with payment of any fees, if the circumstances of the case
require:
Pro vided that if such
party succeeds in any appeal which results in an order for payment to him of
any costs the Court may order
that such fees shall be a first charge on any
moneys recovered or to be recovered under such order.
2/33 Proceedings by poor persons
33 (1) Any
party may apply to the Court for leave to prosecute or defend an appeal as a
poor person. Such application shall be by notice
of motion, supported by
affidavit, and shall be served on the other parties to the proceedings. No fee
shall be payable on filing
any such applica tion.
(2) No party shall be permitted to proceed as a
poor person unless he satisfies the Court that he has a reasonable probability
of suc
cess.
(3) A person permitted to proceed as a poor
person shall not be liable to pay any of the Court fees prescribed by these
Rules nor shall
he be required to make the deposit or to give the security
prescribed by Rules 9 and 10 of this Order.
(4) The Court may for good cause shown review,
rescind or vary an order permitting any person to proceed as a poor person.
(5) The Court may assign a barrister or attorney
to represent a party prosecuting or defending an appeal as a poor person.
2/34 Costs in proceedings by poor persons
34 (1) Leave
to proceed as a poor person shall not exempt such person from liability to an
order for costs in favour of his opponent.
(2) If a poor person is not awarded costs in the
proceedings, no fees shall be taken from him by a legal representative assigned
to
him.
(3) If a poor person is awarded costs against
his opponent he shall be entitled to include and receive in such costs the fees
of any
legal representative assigned to him and all other fees and costs
remitted by his admission to proceed as a poor person.
2/35 Matters not expressly provided for
35 Where no other provision is made by
these Rules the procedure and practice for the time being in force in the Court
of Appeal in
England shall apply in so far as it is not inconsistent with these
Rules, and the forms in use therein may be used with such adaptations
as are
neces sary.
2/36 Court to which applications should be made
36 Whenever an application may be made
either to the Supreme Court or to the Court, it shall be made in the first
instance to the Supreme
Court but, if the Supreme Court refuses the
application, the applicant shall be entitled to have the application determined
by
the Court.
2/37 Stay of execution
37 Upon the application of an intending
appellant, the Court or a Judge may stay the execution of any judgment of the
Supreme Court
un til the determination or other disposal of the appeal:
Provided that no
application under this Rule shall be entertained until it is shown to the
satisfaction of the Court or a Judge
that application for a stay of execu tion
has been made to the Supreme Court and has been refused.
2/38 Interlocutory applications. Power of single
Judge
38 (1) In
any cause or matter pending before the Court, a single Judge may hear,
determine and make orders on any interlocutory appli cation.
(2) Any order made by a single Judge in
pursuance of this rule may be discharged or varied by the Court on the
application of any per
son aggrieved by such order.
ORDER 3
CRIMINAL APPEALS
Appeals from
the Supreme Court in its Original jurisdiction or in its Ap pellate jurisdiction
in Criminal Cases
3/1 Application
1 This order shall apply to appeals to
the Court from the Supreme Court acting either in its original or in its
appellate jurisdiction
in crimi nal cases, and to matters related thereto.
3/2 Applications not specially provided for
2 Except where otherwise provided in
these Rules any application to the Court may be made by the appellant or
respondent or by a legal
representative on his behalf orally or in writing, but
in regard to such applications if the appellant is unrepresented and in custody
and is not entitled or has not obtained leave to be present before the Court,
he shall make any such application by forwarding
the same in writing to the
Registrar who shall take the appropriate steps to obtain the decision of the
Court thereon.
3/3 Obligation on appellant to fill up forms of
appeal notices and answer questions thereon
3 (1) A
person desiring to appeal to the Court against any judg ment, sentence or order
of the Supreme Court, whether in the exercise
of its original or of its
appellate jurisdiction, shall commence his appeal by filing in the Registry of
the Supreme Court a notice
of appeal or notice of application for leave to
appeal or notice of application for extension of time within which such notice
shall be given, as the case may be, in the form of such notices respectively
set forth as Forms 1, 2, 3, 4, 5 or 7 in the Second
Schedule.
(2) A person sending any notice or notices under
this Rule shall answer the questions and comply with the requirements set forth
thereon.
(3) Every
notice of appeal or notice of application for leave to appeal from any
judgment, sentence or order of the Supreme Court shall
be filed in the Registry
of the Supreme Court not later than twenty-one days after the date of such
judgment, sentence or order.
3/4 Notices of Appeal
4 (1) Every
notice of appeal or notice of application for leave to appeal or notice of
application for extension of time within which
such notice shall be given shall
be signed by the appellant, except under the provision of paragraphs (4) and
(5) of this Rule.
Any other notice
required or authorized to be given shall be in writing and signed by the person
giving the same or by his legal
representative. All notices required or
authorized to be given shall be addressed to the Registrar of the Supreme Court
to be forwarded
by him to the Registrar.
3/4 How notices, etc. may be given or sent
4 (2) Any
notice or other document which is required or autho rized to be given or sent
shall be deemed to be duly given or sent if for
warded by registered post
addressed to the person to whom such notice or other document is so required or
authorized to be given
or sent.
3/4 Where appellant unable to write
4 (3) Where
an appellant or any other person authorized or re quired to give or send any
notice of appeal or notice of any application
is unable to write, he may affix
his mark thereto in the presence of a wit ness who shall attest the same, and
thereupon such notice
shall be deemed to be duly signed by such appellant.
3/4 Where question of sanity involved
4 (4) Where,
on the trial of a person entitled to appeal it has been contended that he was
not responsible according to law for his actions
on the ground that he was
insane at the time the act was done or the omission made by him, or that at the
time of the trial he
was of unsound mind and consequently incapable of making
his defence, any notice re quired to be given and signed by the appellant
himself may be given and signed by his legal representative.
3/4 Notice, etc., on behalf of Corporations
4 (5) In
the case of a body corporate where any notice or other document is required to
be signed by the appellant himself it shall be
sufficient compliance therewith
if such notice or other document is signed by the secretary, clerk, manager or
legal representative
of such body corporate.
3/5 Application for extension of time
5 (1) An
application to the Court for an extension of time within which notices may be
given shall be in Form 7 in the Second Schedule.
Every application for such
extension of time shall be accompanied by a form duly filled up, of notice of
appeal, or of notice of
application for leave to appeal, appropriate to the
ground or grounds upon which it is desired to question the conviction or
sentence,
as the case may be.
(2) Any intending appellant who is unrepresented
and is in custody may, instead of filing a notice, or notices, under this Rule
send
such notice or notices to the Registry of the Supreme Court through the
Commissioner of Prisons and any such notice or notices shall
be deemed to have
been filed in the Registry of the Supreme Court on the date of signing which
shall be shown thereon and which
shall be certified by a Prison Officer not
below the rank of Principal Officer to be the actual date of signing.
3/6 Notice of application for leave to appeal
6 (1) Where
the Court has on a notice of application for leave to appeal duly filed and in
the form provided under these Rules given an
appellant leave to appeal, or
where the Supreme Court has certified that the case is one fit for appeal
pursuant to section 17(1)(b)
of the Act, it shall not be necessary for the
appellant to give any notice of appeal and any notice of application for leave
to
appeal shall in such case be deemed to be a notice of appeal.
(2) Where an application has been made to the
Supreme Court for a certificate that the case is fit for an appeal against
conviction,
the Registrar of the Supreme Court shall send to the Registrar of
the Court notification of the result of the application in Form
6 in the Second
Schedule together with the original of the application for the certificate and
the case shall if the application
for the certificate has been granted
thereafter be dealt with as if leave to appeal had been granted by the Court.
3/7 Dealing with applications for leave to appeal
and other preliminary applications
7 (1) Where
a single Judge deals with any application under sec tion 19 of the Act, the
Registrar shall inform the applicant of the result
of his application. In the
event of such Judge refusing the application, the Registrar, on notifying such
refusal to the applicant,
shall forward to him Form 8 in the Second Schedule,
which Form the applicant is hereby re quired to fill up and forthwith return
to
the Registrar. If the applicant does not desire to have his said application
determined by the Court or does not within thirty
days of being notified of
such refusal return Form 9 in the Second Schedule duly completed by him, the
refusal of his ap-
plication shall be final.
(2) The answers to the questions on Forms 1, 2,
3 and 4 in the Second Schedule shall be deemed to be applications to the Court
in such
matters.
(3) For the purpose of constituting the Court
the Judge who has refused any such application may sit as a member of the Court
and take
part in determining such application.
3/8 Forwarding of proceedings of Supreme Court to
Registrar
8 (1) When—
(a) the Registrar of the Supreme Court has received
a notice of appeal or a notice of application to the Court for leave to appeal
or
for extension of the time within which such notice shall be given; or
(b) the Supreme Court has granted a certificate
that the case is a fit one for appeal against conviction,
the Regis trar of
the Supreme Court shall prepare the record of appeal in the manner hereinafter
prescribed and forward to the Registrar
five copies thereof, He shall also
forward the original exhibits in the case as far as practicable and any
original depositions,
information, inquisition, plea, or other documents
usually kept by him, or forming part of the record of the Supreme Court,
together
with the originals of any recognizances entered into or any other
documents filed in connection with the appeal or appli cation.
(2) On payment of the prescribed fees (subject
nevertheless to the provisions of Rule 9 (3) of this Order), the Registrar of
the Supreme
Court shall forward to the appellant and to the Attorney-General a
copy each of the record:
Provided that if the
appellant is not in custody a copy of the record shall be supplied to him on his
making application therefor
to the Registrar of the Supreme Court, and paying
the prescribed fees.
(3) The Court or Registrar may allow the return
of any docu ment to any party pending the hearing of the appeal and subject to
such
conditions as it or he may impose.
3/9 Fees
9 (1) None
of the fees specified in the Third Schedule shall be payable in respect of an
appeal under this Order, except the fees speci
fied in relation to the
transcribing and preparation of the record of ap peal.
(2) The Court or the Supreme Court may waive in
whole or in part the payment of any fees or the making of any deposit.
(3) This rule shall not apply to appeals in
capital cases or where an appellant is granted legal aid pursuant to Section 26
(1) of the
Act, and no fee shall be payable by the Attorney-General (a) on any
ap peal by him under section 17 (2) of the Act, or (b) on any
appeal in which
the Crown is respondent.
3/10 Record in Criminal appeals from Supreme
Court in its original juris diction
10 (1) The
record of appeal in appeals or applications relating to appeals from the
Supreme Court acting in its original jurisdiction in
criminal cases shall
contain legible typed copies of the following items ar ranged in this order—
(a) the index;
(b) the indictment;
(c) the Judge's notes of the evidence and minutes
of the pro ceedings provided that if a shorthand note of the hearing has been
taken,
a copy of the transcript thereof may be included, either in addition to
or substitution for the Judge's notes, as he may direct;
(d) the charge to the jury when a record thereof
has been made; or if no such record has been made, a statement giving to the
best of
the Judge's recollection the sub stance of the direction or summing up;
(e) the judgment or any additional ground or
explanation thereof;
(f) the proceedings on or after sentence in so far
as not in cluded in the notes of the hearing or minutes of pro ceedings,
(g) all documentary exhibits put in at the trial
including de positions read in consequence of the absence of a wit ness:
Provided
that in the case of books of accounts or other documents of great length,
extracts of the relevant portions thereof only
shall be included,
(h) the notice of appeal or notice of application
for leave to appeal, or notice of application for extension of time in which
such
notice shall be given.
(2) It shall not be necessary for the record of
appeal to contain copies of any recognizances entered into or documents filed
in connec
tion with the appeal or applications other than those set out in para graph
(1) of this rule unless the Court or a Judge of the
Supreme Court shall
otherwise direct.
3/11 Appeals in criminal matters from Supreme
Court in its appellate ju risdiction
11 (1) The
record of appeal in appeals or applications relating to appeals from the
Supreme Court acting in its appellate jurisdiction
in criminal matters shall
contain legible typed copies of the following items arranged in this order—
(a) the index which shall include the particulars
of the record of proceedings from the lower Court;
(b) the record of proceedings from the lower Court
as sub mitted to the Supreme Court;
(c) the notice of appeal and all other relevant
documents filed in connection with the appeal in the Supreme Court;
(d) the notes of the Judge or Judges on the hearing
of the appeal and minutes of the proceedings;
(e) the judgment of the Supreme Court;
(f) the notice of appeal to the Court or notice of
application for leave to appeal to the Court, or notice of application to the
Court
for extension of time within which such no tice shall be given;
(g) where the Supreme Court has certified that the
case is a fit one for appeal against conviction, a copy of the certifi cate.
(2) It shall not be necessary for the record of
appeal to contain copies of any recognizances entered into for the purposes of
the appeal
to the Supreme Court or of the appeal or application to the Court,
unless the Court or a Judge of the Supreme Court shall otherwise
direct.
(3) In this rule "lower court" means
the court of trial.
3/12 Records of summing up
12 (1) Where
any trial is had with a jury and, by direction of the trial Judge a record is
made by some mechanical or electrical device
of any summing up or direction of
the Judge, such record shall be accepted by the Court as accurate unless the
Court has reason
to doubt its accu racy.
(2) Where in such a trial a record of any
summing up or direc tion is otherwise made, by direction of the trial Judge,
either in longhand
or shorthand, such record shall be accepted by the Court as
accurate subject to any corrections or additions which the trial Judge
may
certify ought to be made in order to render the record accurate.
(3) Where in such a trial the trial Judge does
not give any di rections for recording any summing up or direction given by
him, his
statement shall be accepted as accurate unless the Court sees reason
to the contrary.
3/13 Report of Judge of Court of Trial
13 (1) The
Registrar shall, if in relation to any appeal the Court di rects him so to do,
request the trial Judge to furnish him with a
report in writing giving his
opinion upon the case generally or upon any point arising upon the case of the
appellant, and the
trial Judge shall furnish the same to the Registrar.
(2) The report of the Judge shall be made to the
Court and, the Registrar shall furnish a copy thereof to the appellant and
respondent.
3/14 Furnishing Judge of Court of Trial with
materials for report.
14 When the Registrar requests the trial
Judge to furnish a report under these Rules, he shall send to such Judge a copy
of the notice
of appeal or notice of application for leave to appeal or any
other document or information which lie shall consider material, or
which the
Court at any time shall direct him to send or with which such Judge may request
to be furnished by the Registrar to enable
such Judge to deal in his re port
with the appellant's case generally or with any point arising thereon.
3/15 Bail
15 (1) Where
the Court or the Supreme Court or a Judge thereof admits an appellant to bail
pending the determination of his appeal on all
application by him duly made,
such Court or Judge shall specify the amounts in which the appellant and his
surety or sureties (unless
such Court or Judge directs that no surety is
required) shall be bound by rec-
ognizance, and shall direct, if such Court or Judge thinks fit so to do, before
whom the recognizances of the appellant and his
surety or sureties (if any) may
be taken.
(2) In the event of such Court or Judge not
making any special order or giving any special directions under this Rule, the
recognizances
of the appellant and of his surety or sureties (if any) may be
taken before a magistrate.
(3) The recognizances provided for in this Rule
shall be in Forms 10 and 11 in the Second Schedule.
(4) The Registrar of the Supreme Court shall
forward the rec ognizances of the appellant and his surety or sureties to the
Registrar.
(5) An appellant who has been admitted to bail
shall be per sonally present at each and every hearing of his appeal and at the
final
determination thereof. The Court may, in the event of such appellant not
being present at any hearing of his appeal, if it thinks
right so to do, de cline
to consider the appeal, and may proceed summarily to dismiss the same and may
issue a warrant for the
apprehension of the appellant in Form 12 in the Second
Schedule:
Provided that the Court
may consider the appeal in his absence, or make such other order as it thinks
fit.
(6) When an appellant is present before the
Court, the Court may, on an application made by any person or, if it thinks
right so to
do, without any application, make an order admitting the appellant
to bail, or revoke or vary any such order previously made, or
enlarge from time
to time the recognizances of the appellant or of his sureties or substitute any
other surety for a surety previously
bound as it thinks right.
(7) At any time after an appellant has been
released on bail, the Court or where the appellant was released on bail by the
Supreme Court,
that Court may, if satisfied that it is in the interest of justice
so to do, re voke the order admitting to bail, and issue a warrant
in Form 12
in the Second Schedule.
3/16 Fines
16 (1) Where
a person has, on his conviction, been sentenced to payment of a fine, and in
default of payment to imprisonment, and such
person remains in custody in
default of payment of the fine, he shall be deemed, for purposes of appeal, to
be a person sentenced
to imprison ment.
(2) An appellant who has been sentenced to the
payment of a fine, and has paid the same or part thereof in accordance with
such sentence,
shall, in the event of his appeal being successful, be entitled,
subject to any order of the Court, to the return of the sum or
any part thereof
so paid by him.
3/17 Varying order for restitution of property
17 Where upon the trial of a person
entitled to appeal against his conviction, an order of restitution of any
property to any person
has been made by the Court of trial, the person in whose
favour or against whom the order of restitution has been made, and, with
the
leave of the Court, any other person, shall, on the final hearing by the Court
of an appeal against his conviction on which
such order of restitution was
made, be entitled to be heard by the Court before any order annulling or
varying such order of restitution
is made.
3/18 Non-suspension of Orders of Restitution
18 Where the Supreme Court is of opinion
that the title to any prop erty the subject of an order of restitution made on
a conviction
of' a per son before it is not in dispute, and that such property
or a sample or portion or facsimile representation thereof is
reasonably
necessary to be produced for use at the hearing of any appeal, the Supreme
Court shall give such direction to or impose
such terms upon the person in
whose favour the order of restitution is made, as it shall think right in order
to secure the production
of such sample, portion or facsimile representa tion
for use at the hearing of any such appeal.
3/19 Restrictions on issue of certificate of
conviction
19 The Registrar of the Supreme Court shall
not issue under any law authorizing him so to do, a certificate of conviction
of any person
convicted in the Supreme Court if notice of appeal or notice of'
applica tion for leave to appeal is given, until the determination
or
abandonment thereof.
3/20 Abandonment of appeal
20 (1) An
appellant at any time after he has duly served notice of appeal or of
application for leave to appeal, or of application for
extension of time within
which such notice shall be given, may abandon his appeal by giving notice of
abandonment thereof in Form
13 in the Second Schedule to the Registrar, and
upon such notice being given the appeal shall be deemed to have been dismissed
by the Court.
(2) Upon receipt of a notice of abandonment duly
completed and signed or marked by the appellant or the party authorized to sign
notices
under Rule 4 of this Order, the Registrar shall give notices
thereof
in Form 14 in the Second Schedule to the respondent, the Commissioner of
Prisons and the Registrar of the Supreme Court,
and in the case of an appeal
against a conviction involving a sentence of death, shall in like manner give
notice to the Deputy
Governor for the information of the Governor in his
exercise of the prerogative of mercy, and the Registrar shall also return to
the Registrar of the Supreme Court any original doc uments and exhibits
received from him.
3/21 Notice of abandonment of appeal may be
withdrawn
21 An appellant (other than one convicted
of an offence involving sentence of death) who has abandoned his appeal may, in
special cases,
with the leave of the Court, withdraw his notice of abandonment
by fill ing up Form 15 in the Second Schedule together with Form
7 in the Sec ond
Schedule (Notice of Application for extension of time within which to appeal)
and sending them to the Registrar.
3/22 Attendance of witness before the Court
22 (1) Where
the Court or a Judge has ordered any witness to at tend and be examined before
the court an order in Form 16 in the Sec ond
Schedule shall be served upon such
witness specifying the time and place at which to attend for such purpose.
3/22 Application to Court to hear witnesses
22 (2) Such
order may be made on the application at any time of the appellant or
respondent, but if the appellant is in custody and not
legally represented the
application shall be made by him in Form 17 in the Second Schedule.
3/22 Order appointing examiner
22 (3) Where
the Court or a Judge orders the examination of any witness to be conducted
otherwise than before the Court itself such or
der shall specify the person
appointed as examiner to take and the place of taking such examination and the
witness or witnesses
to be examined thereat.
3/22 Furnishing examiner with exhibits, etc.,
necessary for examination
22 (4) The
Registrar shall furnish to the person appointed to take such examination any
documents or exhibits and any other material re
lating to the said appeal as
and when requested to do so. Such docu ments and exhibits and other material
shall after the examination
has been concluded be returned by the examiner,
together with any deposi tions taken by him under this Rule, to the Registrar.
3/22 Notification of date of examination
22 (5) When
the examiner has appointed the day and time for the examination he shall
request the Registrar to give notice thereof to the
appellant and the
respondent and their legal representatives, if any, and when the appellant is
in prison, to the Commissioner
of Prisons. The Registrar shall cause to be
served on every witness to be examined a notice in Form 18 in the Second
Schedule.
3/22 Evidence to be taken on oath
22 (6) Every
witness examined before an examiner under this Rule shall give his evidence
upon oath or affirmation to be administered by
such examiner, except where any
such witness if giving evidence as a witness at a trial on information need not
be sworn.
3/22 Deposition of witness how to take
22 (7) The
examination of every such witness shall be taken in the form of a deposition
and unless otherwise ordered shall be taken in
pri vate. The caption in Form 19
in the Second Schedule shall be attached to any such deposition.
3/22 Expenses of witnesses before examiner
22 (8) Where
any witness shall receive an order or notice to attend before the Court or an
examiner, the Registrar may, if it appears to
him necessary so to do, pay to
such witness a reasonable sum for his ex penses.
3/22 Presence of parties at examination of
witnesses
22 (9) The
appellant and respondent, or their legal representa tives, shall, unless the
Court otherwise directs, be entitled to be present
at and take part in any
examination of any witness to which this Rule relates.
3/23 Proceedings on reference
23 (1) When
the Governor exercises his powers under section 27(a) of the Act and refers the
whole case to the Court, the petitioner whose
case is so dealt with shall be
deemed to be for all purposes of the Act or these Rules a person who has
obtained from the Court
leave to appeal and the Court may proceed to deal with
his case accordingly.
(2) Where
the Governor exercises his powers under section 27(b) of the Act and refers a
point to the Court, the Court shall, unless
they otherwise determine, consider such point in private.
3/24 Notification of final determination of
appeals
24 (1) On
the final determination of any appeal or of any applica tion to the Court, the
Registrar shall give to the appellant, if he be
in custody and has not been
present at such final determination, and to the respondent and the Commissioner
of Prisons, notice
of such determination in Forms 20, 21, 22 or 23 in the Second
Schedule, as the case may be.
3/24 Notification of appeal in capital cases
24 (2) In
any case of an appeal in relation to a conviction involving sentence of death,
the Registrar shall on receiving notice of appeal,
send copies thereof to the
Deputy Governor, for the information of the Governor in his exercise of the
prerogative of mercy, to
the respondent and to the Commissioner of Prisons.
3/25 Notification of result of appeal
25 (1) The
Registrar at the final determination of an appeal shall notify in such manner
as he thinks most convenient to the Registrar
of the Supreme Court the decision
of the Court in relation thereto, and also any orders or directions made or
given by the Court
in relation to such appeal or any matter connected
therewith.
(2) The Registrar of the Supreme Court shall on
receiving the notification referred to in this Rule, enter the particulars
thereof on
the records of such Court.
3/26 Return of original depositions, etc.
26 Upon the final determination of an
appeal for the purposes of which the Registrar has obtained from the Registrar
of the Supreme
Court an original depositions, exhibits, information,
inquisition, plea, or other documents usually kept by the said Registrar,
or
forming part of the record of the Supreme Court, the Registrar shall, where
practicable, cause the same to be returned to the
Registrar of the Supreme
Court.
3/27 Enforcement of orders
27 Any order given or made by the Court
may be enforced by the Court or by the Supreme Court as may be most expedient.
3/28 Costs
28 Where the Court makes any order for the
payment of costs by any appellant or by any respondent, such costs may either
be ordered
to be taxed (in which event the provisions of Order 4 shall apply)
or be fixed at the time when the judgment is given.
3/29 Fees to assigned barristers
29 The fees to be paid to any barrister
and attorney assigned pur suant to section 26(1) of the Act to represent an
appellant shall
be those set out in the Fifth Schedule.
3/30 Judgment of the Court
30 Unless the Court directs to the
contrary in cases where, in the opinion of the Court, the question for decision
is a question of
law on which it would be convenient that separate judgments
should be pro nounced by the Judges of the Court, the judgment of the
Court
shall be pronounced by the presiding Judge or such other Judge of the Court
hearing the appeal as he may direct, and no judgment
with respect to the
determination of any question shall be separately pronounced by any other
member of the Court.
ORDER 4
COSTS
4/1 Solicitor and client costs
1 Where the Court directs taxation of
costs as between solicitor and client the Registrar shall tax such costs in
accordance with
these rules and the scales in the Fourth Schedule.
4/2 Notice of taxation to be given by Registrar
2 Whenever a legal representative shall
have lodged a bill for taxa tion with the necessary papers and vouchers the
Registrar shall
there upon issue a notice fixing the time at which the taxation
shall be pro ceeded with.
4/3 Reference by consent
3 With the consent of both parties the Registrar may refer any matter in dispute arising out of the taxation of a bill, other than a ques tion of quantum only, for the opinion of a Judge.
4/4 Bills not to be
altered after being lodged
4 No addition or alteration shall be made
in costs after a bill has been lodged for taxation except by consent of the
parties or by
permis-
sion or direction of the Registrar or a Judge.
4/5 Default of appearance at taxation
5 Any legal representative who shall
without reasonable excuse after due notice fail to appear on the date fixed for
taxation or on
any date to which such taxation is adjourned, or who shall in
any way delay or impede the taxation, or put any other party to any
unnecessary
or im proper expense relative to such taxation shall, unless the Registrar
shall otherwise direct, forfeit the fees
to which he would otherwise be
entitled for drawing his bill of costs and for attending the taxation, and
shall in addition be
liable to pay for any unnecessary or improper expense to
which he has put any party.
4/6 Discretion of Registrar
6 On every taxation the Registrar shall
allow all such costs, charges and expenses as shall appear to him to have been
necessary or
proper for the attainment of justice or for defending the rights
of any party, but save as against the party who incurred the same,
no costs
shall be allowed which appear to the Registrar to have been incurred or
increased through overpayment, extravagance, over-caution,
negligence, or
mistake or by payment of special charges or expenses to witnesses or other
persons, or by other unusual expenses.
4/7 Basis of taxation
7 All bills of costs incurred in
proceedings in the Court and in pro ceedings in the Supreme Court preparatory
or incidental to, or
conse quential upon, proceedings in the Court shall be
taxable according to the scales in the Fourth Schedule:
Provided that, as
regards proceedings in the Supreme Court for which no provision is made in
these Rules or the said scales, the
Rules and scales applicable to the Supreme
Court shall be followed.
4/8 Order for costs
8 No costs shall be payable as between
party and party or out of any fund unless so ordered by the Court. If costs are
ordered to
be paid without further direction they shall be taxed as between
party and party.
4/9 Excessive claims
9 If more than one quarter of the amount
of profit costs claimed is disallowed on taxation the costs of preparing,
filing and serving
the bill and of attending taxation shall be disallowed.
4/10 Legal representative acting as counsel
10 Costs of more than one legal
representative shall not be allowed unless the Court shall so direct:
Provided that if a
legal representative acting as solicitor does not act as counsel, but employs
another legal representative to
do so, the fees paid to counsel or part thereof
may be allowed, but so that the total amount of the costs shall not be greater
than it would have been if the legal representative acting as solicitor had
himself acted also as counsel:
Provided further that,
if costs of two legal representatives are al lowed, they may be members or
employees of the same firm.
4/11 Costs improperly incurred by legal
representative
11 (1) If
in any case it shall appear to the court or a Judge that costs have been
improperly or without reasonable cause incurred, or
that by reason of any undue
delay in proceeding under any judgment or or der, or of any misconduct or
default of the legal representative,
any costs properly incurred have
nevertheless proved fruitless to the person incur ring the same, the Court or a
Judge may call
on the legal representative by whom such costs have been so
incurred to show cause why such costs should not be disallowed as between
the
legal representative and his client, and also (if the circumstances of the case
shall require) why the legal representative
should not repay to his client any
costs which his client may have been ordered to pay to any other person, and
there upon may
make such order as the justice of the case may require.
(2) The Court or a Judge may if it or he thinks
fit refer the matter to the Registrar for inquiry and report, and may direct
the legal
representative in the first place to show cause before the Registrar.
4/12 Notice of taxation
12 Notice of taxation need not be given to
any party who did not ap pear in person or by a legal representative or present
his case
in writing at the hearing of the appeal or matter in question.
4/13 Party entitled to costs refusing to lodge
bill for taxation
13 When any party entitled to costs
refuses or neglects to bring in his costs for taxation or to procure the same
to be taxed and thereby
prejudices any other party, the Registrar shall be at
liberty to certify the costs of the other parties and certify such refusal
or
neglect, or may al low such party refusing or neglecting a nominal sum or other
sum for such costs, so as to prevent any other
party being prejudiced by such
refusal or neglect,
4/14 Manner of preparing bills for taxation
14 Bills of costs shall be instituted and
filed in the proceedings and shall be prepared in five columns—
the first or left-hand column for dates showing year, month,
days;
the second for the serial numbers of the items;
the third for the particulars of the services charged for;
the fourth for the professional charges;
the fifth for the taxing officer's deductions;
and disbursements
shall be shown separately at the foot of the bill.
4/15 Endorsement of bills
15 Every bill of costs which shall be
lodged for taxation shall be en dorsed with the name and address of the legal
representative
by whom it is lodged and shall include at the end thereof a form
of certificate or allo catur for signature by the Registrar certifying
the
result of the taxation.
4/16 Vouchers to be produced on taxation
16 Receipts or vouchers for all
disbursements charged in a bill of costs, together with all documents or drafts
or copies thereof shall
be produced on taxation.
4/17 Endorsement of length of documents
17 Every draft and other document the
preparation of which is charged for by the folio shall be endorsed (in figures)
with the number
of folios which it contains. The length of all documents not
vouched by at tested copies or other satisfactory evidence shall be
certified
by the legal representative, and if such certificate be erroneous the Registrar
may disallow the costs of the document
so erroneously certified or any part
thereof.
4/18 Costs where legal representative is employed
by two or more parties
18 Where the same legal representative is
employed for two or more parties and separate proceedings are had by or for any
two or more
such parties, the Registrar shall consider in the taxation of such
legal repre sentative's bill of costs, either as between party
and party, or as
between solicitor and client, whether such separate proceedings were necessary
or proper, and if he is of opinion
that any part of the costs occasioned
thereby have been unnecessarily or improperly incurred, the same shall be
disallowed.
4/19 Costs where trustees defend separately
19 In taxing the costs as between party
and party or for payment out of a trust fund of joint executors or trustees who
are separately
rep resented, the Registrar shall, unless otherwise ordered by
the Court or a Judge, allow but one set of costs for such parties,
such costs
to be ap portioned among them as the Registrar shall deem fit.
4/20 Appearance of party not interested
20 Where any party appears upon any
application or proceeding in Court or in chambers, in which he is not
interested or upon which,
ac cording to the practice of the Court, he ought not
to attend, he shall not be allowed any costs of such appearance unless the
Court or a Judge shall otherwise order.
4/21 Instructions for affidavits
21 The allowances for instructions and
drawing any affidavit shall include all attendances on the deponent to settle
and read over.
4/22 Time and adjournment
22 The Registrar shall have power to limit
or extend the time for any taxation proceeding before him, and to adjourn the
same from
time to time.
4/23 Witnesses
23 Expenses of parties attending Court as
such shall not be allowed but an allowance may be made for attendance of any
necessary wit
nesses, including parties, of such amount as would be allowed to
such persons for attendance in the Supreme Court.
4/24 Allowance of witnesses' expenses
24 Every bill of costs lodged for taxation
shall be accompanied by a statement by the legal representative lodging such
bill giving
particulars of the place of abode and the condition, quality,
occupation or rank in life of the witnesses or intended witnesses
charged for,
the distance they have had to travel and the mode of travel, also whether to
the knowledge or belief of the legal
representative they attended as witnesses
in any
other cause or came upon any other business, also that they were mate rial and
necessary witnesses for the party on the hearing.
4/25 Allowances to certain persons
25 The allowances in respect of fees to
any accountants, merchants, engineers, actuaries and scientific persons to whom
any question
is re ferred, shall, save where the Court or Judge shall otherwise
order, be regulated by the Registrar, subject to review by the
Court or a
Judge.
4/26 Meaning of "folio"
26 The expression "folio" where
used in this Order shall mean 100 words, a single figure or a group of figures
up to four
being counted as one word.
4/27 Overriding discretion
27 Notwithstanding anything in this Order
contained, if the Regis trar or a Judge is of opinion that, having regard to
all the circumstances,
the amount of a bill of costs after taxation is
excessive, the Registrar at any time before signing its allocatur, or a Judge
on
reference to him, may make such deduction from the total sum allowed or to
be allowed as will in his opinion render the total sum
reasonable. A reference
to a Judge for this purpose shall be deemed to be on a point of principle and
not of quantum. A Judge may
similarly cancel or reduce any deduction made by
the Registrar under this rule.
4/28 Improper agreements
28 Any agreement for remuneration of a
legal representative, whereby he becomes financially interested in the result
of any proceed
ings in the Court, shall be void.
ORDER 5
MISCELLANEOUS
5/1 Waiver of non-compliance with rules
1 Non-compliance on the part of an
appellant with these Rules or with any Rule of practice for the time being in force
shall not prevent
the further prosecution of his appeal if the Court consider
that such non-compliance was not wilful, and that it is in the interests
of
justice that non-compliance be waived. The Court may in such manner as they
think right, direct the appellant to remedy such
non-compliance, and there upon
the appeal shall proceed. The Registrar shall forthwith notify the appellant of
any directions given
by the Court under this Rule, where the appellant was not
present at the time when such directions were given.
5/2 Transitional provisions
2 [omitted].
5/3 Appeals in disciplinary cases under the
Bermuda Bar Act 1974
3 (1) An
appeal from the order of a disciplinary committee under section 16 of the
Bermuda Bar Act 1974 [title 30 item 3]
shall be commenced by filing a notice of appeal in the Registry of the Supreme
Court within the period of three weeks commencing
on the day of the
notification of that order to the appellant by the chairman of the committee.
(2) Either party to such an appeal may—
(a) at any time before the commencement of the
hearing of the appeal by the Court apply ex
parte to a Judge in Chambers; or
(b) at any time after the commencement of the
hearing of the appeal by the Court apply by motion to the Court,
for an order under
this paragraph; and where such an application is made the Judge or the Court,
as the case may be, if in his or
their opin ion the interests of justice so
require, may order that such persons or classes of persons as are specified in
the order
(other than the parties to the appeal and their legal
representatives) be excluded from such of the subsequent proceedings in the
appeal as may be so specified:
Provided that any order
made by a Judge in Chambers under this paragraph shall be subject to review by
the Court.
(3) Every notice and other document filed in
connection with an appeal under this Rule shall be entitled "In the Matter
of a Barrister
and Attorney and In the Matter of the Bermuda Bar Act 1974"
without naming or otherwise describing the parties to the appeal.
(4) Save as specifically provided in this Rule,
the provisions of Order 2 shall apply mutatis mutandis to an appeal under this
Rule
as if it were an appeal from the Supreme Court exercising original
jurisdiction in a civil case.
CIVIL FORM 1
In the Court of
Appeal
NOTICE OF APPEAL
(Order 2, Rule 2)
Between Plaintiff
and
Defendant
TAKE NOTICE that the
plaintiff/defendant being dissatisfied with the de cision/that part of the
decision more particularly stated
in paragraph 2*, of the Supreme Court
contained in the judgment/order* of the Supreme Court dated the [blank] day of [blank] 19 [blank] doth
hereby ap peal to the Court of Appeal upon the grounds set out in paragraph 3
and will at the hearing of the appeal seek
the relief set out in paragraph 4.
And the Appellant
further states that the names and addresses of the persons directly affected by
the appeal are those set out in
para graph 5.
2 Part of decision of the Supreme Court
complained of.**
3 Grounds of Appeal:
(1)
(2)
(3) etc.
4 Relief sought from the Court of
Appeal.
5 Persons directly affected by the
appeal:
Name Address
(1)
(2)
(3) etc.
Dated this [blank] day of [blank] 19 [blank]
Appellant,
whose address for service is
......................................
* Strike out words inapplicable.
** If appealing against the whole
decision insert "whole deci sion".
Note: An address for service must be given.
CIVIL FORM 2
In the Court of Appeal
NOTICE OF MOTION
FOR LEAVE TO APPEAL
(Order 2, Rule 3)
Between Plaintiff
and
Defendant
TAKE NOTICE that the
Court or Appeal/Supreme Court will be moved on the [blank] day of [blank] 19 [blank] at [blank] o'clock
in the forenoon or as soon thereafter as counsel can be heard on the hearing of
an application for leave to appeal against
the decision of the Supreme Court
given on the [blank] day of [blank] 19 [blank].
AND further take notice
that the grounds of this application are—
DATED this [blank] day of [blank] 19 [blank]
......................................
Applicant or his legal representative
whose address for service is
......................................
......................................
To: The Registrar,
Supreme Court/Court of Appeal
And*. .
. . . . . . . . . . . . . . . . . . . . . . . . . .
* Insert name of respondent.
Note: An address
for service must be given.
CIVIL FORM 3
In the Court of
Appeal
SUMMONS TO
PARTIES BY REGISTRAR TO SETTLE RECORD
(Order 2, Rule 7)
Between Appellant
and
Respondent
TAKE NOTICE that all
parties concerned are required to attend before me at the Supreme Court
Registry on [blank] the [blank] day of [blank], 19 [blank], at
the hour of [blank] in the [blank] noon to proceed with settling of
the record of appeal herein.
DATED this [blank] day of [blank] 19 [blank]
.......................................
Registrar of the Supreme Court
CIVIL FORM 4
In the Court of
Appeal
BOND FOR COSTS ON
APPEAL
(Order 2, Rule 10)
KNOW ALL MEN, by these
presents, that we [blank] of [blank] and [blank] of [blank] and [blank] of [blank] are jointly and severally held and firmly bound to [blank] of [blank] in the sum of [blank]
dollars of lawful money to be paid to the said [blank] his executors, administrators or assigns, for which payment
well and truly to be made, we bind ourselves, and each of us for himself,
in
the whole our and every of our heirs, executors and administrators, firmly by
these presents.
SEALED with our seals.
DATED the [blank] day of [blank], in the year of our Lord, 19[blank]
WHEREAS a suit is now
pending in the Supreme Court wherein the above-bounden [blank] is Plaintiff and the said [blank] is Defendant;
AND WHEREAS a judgment
was given by the Supreme Court therein, on the [blank] day of [blank] for
the said [blank] and the said [blank] has filed Notice of Appeal from
the said judgment;
AND WHEREAS it is by
law provided that the party appealing shall give security to the satisfaction
of the Registrar of the Supreme
Court for the due prosecution of the appeal and
for the payment of any costs which may be ordered to be paid by the appellant.
AND WHEREAS the
above-named [blank] and [blank] at the request of the said [blank] have agreed to enter into this
obligation for the purposes aforesaid:
NOW the condition
of this obligation is such, and if the said [blank] shall duly prosecute the appeal and if the above-bounden [blank] and [blank] any or either of them shall pay any costs which may be or dered
to be paid by the appellant this obligation shall be void, otherwise
remain in
full force.
Signed, sealed and delivered (L.S.)
in the presence of (L.S.)
(L.S.)
CIVIL FORM 5
In the Court of
Appeal
CERTIFICATE OF
SERVICE OF NOTICE OF APPEAL
(Order 2, Rule 12(1)(a))
Between Appellant(s)
and
Respondent(s)
I, the undersigned
Registrar of the Supreme Court DO CERTIFY that no tice of appeal in the
above-named case was duly served upon
[blank]
the Respondent herein.
DATED at [blank] this [blank] day of [blank] 19
[blank]
.......................................
Registrar of the Supreme Court
CIVIL FORM 6
In the Court of
Appeal
CERTIFICATE OF
REGISTRAR THAT CONDITIONS OF APPEAL HAVE BEEN FULFILLED
(Order 2, Rule 12(1)(b))
Between Appellant
and
Respondent
I do hereby certify
that the above-named Appellant has duly and punc tually complied with the
conditions of appeal imposed on him
in the above-named case.
DATED this [blank] day of [blank] 19 [blank]
.......................................
Registrar of the Supreme Court
The Registrar,
Court of Appeal
CIVIL FORM 7
In the Court of
Appeal
NOTICE TO PARTIES
OF DISPATCH OF RECORD
(Order 2, Rule 12(2))
Between Appellant
and
Respondent
TAKE NOTICE that the
record in the above-named appeal has this day been forwarded to the Registrar
of the Court of Appeal.
.......................................
Registrar of the Supreme Court
To
CIVIL FORM 8
In the Court of
Appeal
NOTICE BY
RESPONDENT OF INTENTION TO CONTEND THAT THE DECISION OF THE SUPREME COURT BE
VARIED
(Order 2, Rule 13)
Between Appellant
and
Respondent
TAKE NOTICE that upon
the hearing or the above appeal the Re spondent herein intends to contend that
the decision of the Supreme
Court dated the [blank] day of [blank] 19
[blank], shall be varied as follows*—
AND TAKE NOTICE that
the grounds on which the Respondent intends to rely are as follows:
1
2
3 etc.
DATED this [blank] day of [blank] 19 [blank]
.......................................
Respondent
* State
the variation which will be asked for
CIVIL FORM 9
In the Court of
Appeal
NOTICE OF
INTENTION TO CONTEND THAT JUDGMENT SHOULD BE AFFIRMED ON GROUNDS OTHER THAN
THOSE RELIED ON BY THE SUPREME COURT
(Order 2, Rule 13)
Between Appellant
and
Respondent
TAKE NOTICE that upon
the hearing of the above appeal the Re spondent intends to contend that the
decision of the Supreme Court
dated the [blank]
day of [blank] 19 [blank], shall be affirmed on grounds
other than those relied on by the Supreme Court.
AND TAKE NOTICE that
the grounds on which the Respondent intends to rely are as follows—
1
2
3 etc.
DATED this [blank] day of [blank] 19 [blank]
.......................................
Respondent
CIVIL FORM 10
In the Court of
Appeal
NOTICE BY
RESPONDENT OF INTENTION TO RELY UPON PRELIMINARY OBJECTION
(Order 2, Rule 14)
Between Appellant
and
Respondent
TAKE NOTICE that the
Respondent herein named intends, at the hearing of this appeal, to rely upon
the following preliminary objection
notice whereof is hereby given to you, viz—
AND TAKE NOTICE that
the grounds of the said objection are as fol lows—
1
2
3 etc.
DATED this [blank] day of [blank] 19 [blank]
...................................
Plaintiff/Defendant-Respon dent
To the above-named
Plaintiff-Defendant-Appellant or his legal represen tative.
CIVIL FORM 11
In the Court of
Appeal
NOTICE OF
WITHDRAWAL OF APPEAL
(Order 2, Rule 15)
Between Appellant
and
Respondent
TAKE NOTICE that the
Appellant(s) herein intend(s) and doth hereby wholly withdraw(s) his/their
appeal against (all) the Respondent
(s) in the above-mentioned appeal.
DATED at [blank] this [blank] day of [blank] 19
[blank]
......................................
Appellant(s)
The Registrar,
Court of Appeal
And to
CIVIL FORM 12
In the Court of
Appeal
NOTICE OF WITHDRAWAL
OF APPEAL BY AGREEMENT
(Order 2, Rule 15)
Between Appellant
and
Respondent
TAKE NOTICE that the
above appeal is withdrawn with the consent of all parties thereto.
DATED this [blank] day of [blank] 19 [blank]
..........................................
Appellant or his legal representative
..........................................
Respondent or his legal representative
CIVIL FORM 13
In the Court of
Appeal
CERTIFICATE AS TO
NON-COMPLIANCE WITH CONDITIONS IMPOSED UPON A WOULD-BE APPELLANT
(Order 2, Rule 17)
Between Plaintiff(s)/Appellant(s)
and
Defendant(s)/Respondent(s)
Pursuant to Order 2
rule 17 of the Court of Appeal Rules 1 hereby certify that the Appellant (s) in
the above-named cause have/has
complied with none of the requirements of Order
2, rules 9 and 10.
DATED at [blank] this [blank] day of [blank] 19
[blank]
......................................
Registrar of the Supreme Court
CIVIL FORM 14
In the Court of
Appeal
FORM OF
DECLARATION THAT A PARTY DOES NOT WISH TO BE PRE SENT OR REPRESENTED AT HEARING
OF APPEAL
(Order 2, Rule 20)
Between Appellant
and
Respondent
I, [blank] Appellant/Respondent do hereby
declare that I do not wish to be present in person or by counsel on the hearing
of the above-mentioned
appeal, but desire to submit the following argu ments
for the consideration of the Court*
DATED this [blank] day of [blank] 19 [blank]
......................................
Appellant/Respondent
* Here
set your arguments concisely.
CIVIL FORM 15
In the Court of
Appeal
CERTIFICATE OF
THE ORDER OF THE COURT
(Order 2, Rule 30)
Appeal from the
decision of the Supreme Court dated the [blank]
day of [blank] 19 [blank]
Motion
Appellant
v.
Respondent
*
.......................................
This appeal coming on
for hearing on the [blank] day of [blank] 19 [blank] before [blank] in
the presence of [blank] for the
Appellant, and [blank] for the
Respondent.
I HEREBY CERTIFY that
an Order was made as follows
GIVEN under my hand and
the Seal of the Court this [blank]
day of [blank] 19 [blank]
......................................
Registrar of the Court
* Insert
"Presiding Judge".
SECOND SCHEDULE
CRIMINAL FORM 1
In the Court of
Appeal
NOTICE OF APPEAL
FROM DECISION OF THE SUPREME COURT SITTING AS A COURT OF FIRST INSTANCE
(Order 3, Rule 3)
Regina
v [blank]
To THE REGISTRAR
OF THE SUPREME COURT.
I, [blank] having been convicted of the of fence(1)
[blank] and [blank] being now a pris oner in prison at [blank] or whose address for service is (2) [blank] do hereby give notice of appeal
against my conviction (particulars of which hereinafter appear) to the Court on
the following
grounds (3)—
(Signed or
mark)..............................
Appellant
................................
Signature and address of
witness attesting mark
DATED this [blank] day of [blank] 19 [blank]
PARTICULARS OF
TRIAL AND CONVICTION
1. Date of trial
2. Sentence
3. Whether questions of
law now raised were raised at the trial
...........................................................
You are required to an swer
the following question—
Do you desire to be
present on the hearing of your appeal by the Court? N.B. The Court will, if you
desire it, con sider your case
and argument if put into writing by you or on
your be half, instead of your case and argument being presented orally. If you
desire
to pre sent your case and argument in writing, submit as fully as you
think right your case and argument in support of your appeal.
Note-This form
should only be used where there is a right of appeal without leave.
(1) State the offence, e.g. murder
(2) Where appellant for any reason not in custody,
set out address for service.
(3) State as clearly as you are able the grounds on
which you desire to appeal.
CRIMINAL FORM 2
In the Court of
Appeal
NOTICE OF APPLICATION FOR LEAVE TO
APPEAL FROM DE CISION OF THE SUPREME COURT SITTING AS A COURT OF FIRST IN STANCE
(Order 3, Rule 3)
Regina v [blank]
To THE REGISTRAR OF THE SUPREME COURT.
I, [blank] having been convicted of the
offence of(1) [blank] and
now being a prisoner in prison at [blank]
(or whose address for service is(2) [blank] )
and being desirous
of appealing against my conviction/sentence(3), DO HEREBY GIVE
NOTICE that I hereby apply for leave to appeal on the following grounds (4)—
Signed or
Mark........................................
Applicant
Signature and Ad dress
of Witness attesting Mark ...............................
DATED this [blank] day of [blank] 19 [blank]
PARTICULARS OF
TRIAL AND CONVICTION
1 Date of trial
2 Sentence
(1) State whether or not you desire to be
present when the Court considers your present application for leave to appeal
and whether
or not you are legally represented.
(2) The Court will, if you desire it, consider
your case and ar gument if put in writing by you or on your behalf, instead of
your case
and argument being presented orally. If you desire to present your
case and argument in writing submit as fully as you think right
your case and
argument in support of your appeal.
State if you desire to
be present at the final hearing of your appeal
...............................................................................................................
(1) State the offence, e.g. larceny, forgery, etc.
(2) Where appellant for any reason not in custody,
set out address for service.
(3) If the appellant wishes to appeal against
conviction only he should strike out the word "sentence". If he wishes to appeal against sentence only
he should strike out the word "conviction". If he wishes to appeal against conviction and sentence he should
leave in both words.
(4) He should state as clearly and concisely as
possible the grounds on which he desires to appeal.
CRIMINAL FORM 3
In the Court of
Appeal
NOTICE OF APPEAL
FROM DECISION OF THE SUPREME COURT
SITTING IN ITS APPELLATE JURISDICTION
(Order 3, Rule 3)
[blank] V [blank]
To THE REGISTRAR
OF THE SUPREME COURT.
I, [blank] having [blank] v [blank]
been convicted of
the offence of(1) [blank]
now be ing a pris oner in prison at [blank]
(or whose address for service is(2) [blank] )
DO HEREBY GIVE
NOTICE of appeal against the decision of the Supreme Court on the following
grounds (3)—
Signed or
Mark.......................................
Applicant
Signature and Address
of
Witness attesting Mark .......................................
DATED this [blank]
day of [blank] 19 [blank]
PARTICULARS OF TRIAL AND CONVICTION
1 Date of trial and sentence
2 Sentence
(1) State whether or not you desire to be
present when the court considers your application for leave to appeal and
whether or not you
are legally represented.
(2) The Court will, if you desire it, consider
your case and ar gument if put into writing by you or on your behalf instead of
your
case and argument being presented orally. If you desire to present your
case and argument in writing submit as fully as you think
right your case and
argument in support of your appeal. State if you desire to be present at the
final hearing of your appeal
.................................................................
.................................................................
(1) State the offence, e.g. larceny, forgery, etc.
(2) Where appellant for any reason not in custody,
set out address for service.
(3) Set forth the grounds on which you desire to
appeal and specify the extent, if any, to which the supreme Court varied the
decision
of the trial. It should also
be stated whether the appeal is against conviction only or against sentence
only, or against both sentence and conviction.
CRIMINAL FORM 4
In the Court of
Appeal
NOTICE OF
APPLICATION FOR LEAVE TO APPEAL FROM DECISION OF THE SUPREME COURT SITTING IN
ITS APPELLATE JURISDICTION
(Order 3, Rule 3)
[blank] V [blank]
To THE REGISTRAR
OF THE SUPREME COURT.
I, [blank] having been con victed of the
offence of(1) [blank] and
now being a prisoner in prison at [blank]
(or whose address for service is(2) [blank])
DO HEREBY GIVE
NOTICE THAT I hereby apply for leave to appeal against the de cision of the
Supreme Court on the following grounds
(3)—
Signed or Mark
.......................................
Signature and Address
of
Witness attesting Mark .......................................
DATED this [blank] day of [blank] 19 [blank]
PARTICULARS OF
TRIAL AND CONVICTION
1 Date of trial and sentence
2 Sen tence
(1) State whether or not you desire to be
present when the Court considers your application for leave to appeal and
whether or not you
are legally represented.
(2) The Court will, if you desire it, consider
your case and ar gument if put into writing by you or on your behalf instead of
your
case and argument being presented orally. If you desire to present your
case and argument in writing submit as fully as you think
right your case and
argument in support of your appeal.
State if you desire to
be present at the final hearing of your ap peal
..................................................................
.................................................................
(1) State the offence, e.g. larceny, forgery, etc.
(2) Where appellant for any reason not in custody,
set out address for service.
(3) Set forth the grounds on which you desire to
appeal and specify the extent, if any, to which the supreme Court varied the
decision
of the trial. It should also
be stated whether the appeal is against conviction only or against sentence
only, or against both sentence and conviction.
CRIMINAL FORM 5
In the Court of
Appeal
NOTICE OF APPEAL
BY PROSECUTOR
(Order 3, Rule 3)
[blank] V [blank]
To THE REGISTRAR
OF THE SUPREME COURT.
I, [blank] of [blank] the prosecutor in the above case being de sirous of
appealing against the decision of the Supreme Court therein,
DO HEREBY GIVE NOTICE
OF APPEAL on the following grounds—
..............................
Prosecutor
DATED this [blank] day of [blank] 19 [blank]
PARTICULARS OF
TRIAL AND CONVICTION
1 Date of trial
2 In what court tried
3 Nature of con viction
4 Sentence
CRIMINAL FORM 6
In the Court of
Appeal
NOTIFICATION BY
REGISTRAR OF SUPREME COURT OF RESULT OF APPLICATION FOR CERTIFICATE THAT CASE
IS FIT FOR APPEAL
(Order 3, Rule 6)
Regina
v [blank]
To THE REGISTRAR
OF THE COURT OF APPEAL.
I hereby give you
notice that on the [blank] day of [blank] 19 [blank] the Supreme Court granted/refused an appli cation for a
certificate that the case of which particulars are set out be low is one
fit
for an appeal against conviction.
DATED this [blank] day of [blank] 19 [blank]
Reg istrar of
.......................................
PARTICULARS OF
TRIAL AND CONVICTION
1 No. of case
2 Court of trial
3 Name of accused
4 Result of trial
Note-The Registrar
of the Supreme Court should forward with this notice the application for leave
to appeal.
CRIMINAL FORM 7
In the Court of
Appeal
NOTICE OF
APPLICATION FOR EXTENSION OF TIME WITHIN WHICH TO APPEAL
(Order 3, Rule 5)
Regina
v [blank]
To THE REGISTRAR
OF THE .......................................
I, [blank] having been convicted of the of fence
of (1) [blank] in the [blank] court, held at [blank] on the [blank] day of [blank] 19
[blank], and being now a prisoner in
prison at [blank] (or whose address
for service is (2) [blank])
give you notice that I hereby apply to the Court for an extension of time
within which I may give Notice of Appeal (or Notice
of Application for leave to
Appeal) on the grounds (3) following—
Signed or
Mark......................................
Applicant
Signature
and Address of
Witness attesting Mark .......................................
DATED this [blank] day of [blank] 19 [blank]
You are required to
send to the Registrar of the Court, duly filled up Form 1, Form 2, Form 3 or
Form 4, whichever is appro priate.
(1) State the offence, e.g. larceny, forgery, etc.
(2) Where appellant for any reason not in custody,
set out address for service.
(3) Set out clearly and concisely the reasons for
the delay in giving such notice and the grounds on which you submit the Court
should
extend the case.
CRIMINAL FORM 8
In the Court of
Appeal
NOTIFICATION TO
APPELLANT OF A SINGLE JUDGE'S DECI SION
(Order 3, Rule 7)
Regina
v [blank]
I hereby give you
notice that a Judge of the Court of Appeal hav ing con sidered your
application(s) for—
(a) leave to appeal;
(b) for extension of time within which notice of
appeal or of ap plication for leave to appeal may be given;
(c) admission to bail;
(d) leave to withdraw abandonment of appeal;
has refused the
application(s) marked. [blank] (and
has granted the application(s) marked. [blank])
If you de sire to have
the above-mentioned application(s), which have been re fused, de termined by
the full Court, you are required
to fill up the en closed Criminal Form 9 and
return it to me forthwith.
DATED this [blank] day of [blank] 19 [blank]
Signed..............................
Registrar of the Court
To the above-named
CRIMINAL FORM 9
In the Court of
Appeal
NOTICE OF APPEAL
BY APPELLANT FROM REFUSAL OF A SINGLE JUDGE
(Order 3, Rule 7)
Regina
v [blank]
To THE REGISTRAR
OF THE COURT OF APPEAL
I, [blank] having received your notification
that my application(s) for—
(a) leave to appeal;
(b) for extension of the time within which notice
of appeal or application for leave to appeal may be given;
(c) admission to bail;
(d) leave to withdraw abandonment of appeal, have
been re fused;
DO HEREBY GIVE YOU
NOTICE that I desire that the said appli cation(s) shall be considered and
deter mined (and that as I am not
legally represented I desire to be present at
the determination of my said appli cation(s) )*
Signed or
Mark.......................................
Appellant
Signature and Ad dress
of
Witness attesting Mark .......................................
DATED this [blank] day of [blank] 19 [blank]
If you desire to state
any reasons in addition to those set out by you in your original notice upon
which you submit that the full
Court should grant your said application(s), you
may do so in the space below.
* Strike
out if you do not desire to be present,
CRIMINAL FORM 10
In the Court of
Appeal
RECOGNIZANCE OF
BAIL OF APPELLANT
(Order 3, Rule 15)
Regina
v. [blank]
BE IT REMEM BERED THAT
WHEREAS [blank] was convicted of [blank] on the [blank] day of [blank] 19
[blank] and was thereupon sentenced
to [blank] and now is in lawful
custody in prison at [blank] and has
duly appealed against his convic tion (and sentence) to the Court and has
applied for bail pending the de termination
of his appeal, and has been granted
bail on entering into his own recognizances in the sum of $...................
(with sureties
each in the sum of $ .................), the said [blank] personally come before me the
under signed, being the [blank]
(state office) and acknowledges himself to owe to Our Sovereign Lady the Queen
the said sum of $.................... of good and
lawful money, to be made and
levied of his goods and chat tels, lands and tenements to the use of Our
Sovereign Lady the Queen,
Her heirs and successors, if he the said [blank] fail in the condition endorsed.
TAKEN AND ACKNOWLEDGED
this [blank] day of [blank] 19 [blank] at [blank], before
me.
(state office)
CONDITION
The condition of the
within written recognizance is such that if the said [blank] shall
personally appear and surrender himself at and before the Court at each and
every hearing of his appeal to such Court and
at the final determination
thereof and then and there abide by the judgment of the said Court and not
depart or be absent from
such Court at any such hearing without the leave of
the said Court, and in the meantime not depart from his usual place of abode
without the leave of the Court, then this recognizance shall be void, oth erwise
of full force and effect. The following to be
filled up by the Appel lant and
signed by him—
When released on bail
my address for service, to which any No tices, etc., are to be addressed, will
be as follows—
Signed
.......................................
Appellant
CRIMINAL FORM 11
In the Court of
Appeal
RECOGNIZANCE OF
APPELLANT'S SURETIES
(Order 3, Rule 15)
Regina
v. [blank]
BE IT REMEMBERED that
on this [blank] day of [blank] 19 [blank] of [blank] and [blank] of [blank] came before me the undersigned being the [blank] (state office) and severally
acknowledged themselves to owe to Our Sovereign Lady the Queen the several sums
following, that is
to say, the said [blank]
the sum of $.................... and the said [blank] the sum of $.................... of good and lawful money,
to be made and levied of their goods and chattels, lands and ten ements
respectively, to the use of Our Sovereign Lady the Queen, Her heirs and
successors, if [blank] now in lawful
custody in prison at [blank] fail in
the condition hereon endorsed
TAKEN AND ACKNOWLEDGED
before me the undersigned, the day and year first above-mentioned.
....................................
Magistrate/Registrar
CONDITION
The condition of the
within written recognizance is such that whereas the said [blank] having been convicted of [blank] and now in such lawful custody as before men tioned (under a
sentence of for such offence), has duly appealed to the Court against
his said
conviction (and sentence), and having applied to the said Court for bail,
pending the determination of his said appeal,
has been granted bail on his
entering into recognizances in the sum of
$..................................... with sureties each
in the sum of
$.............................. if the said [blank] shall per sonally appear and surrender himself at and before
the said Court and at the final determination of the said appeal,
and then and
there abide by the judgment of the said Court, and not depart or be absent from
the
said Court at any such hearing without the leave of the Court, and in the
meantime not depart from his usual place of abode without
the leave of the
Court, then this recognizance shall be void, otherwise of full force and effect.
CRIMINAL FORM 12
In the Court of
Appeal
WARRANT FOR
ARREST OF APPELLANT ON BAIL
(Order 3, Rule 15)
Regina
v. [blank]
To THE CONSTABLES
OF THE BERMUDA POLICE FORCE, AND TO THE COMMISSIONER OF PRISONS.
WHEREAS [blank] an Appellant to the Court has
been released on bail, and it has now been ordered by the said Court that a
Warrant be issued for
the apprehension of the said [blank]
These are therefore to
com mand you the said Constables forthwith to apprehend the said [blank] and to bring him to the
Commissioner of Pris ons and there deliver him with this warrant into the
custody of the said Commissioner
of Prisons and you the said Commissioner of
Prisons arc hereby re quired to receive the said [blank] into your custody and there safely to keep him until further
order of the said Court.
...................................
Presiding Judge
DATED this [blank] day of [blank] 19 [blank]
CRIMINAL FORM 13
In the Court of
Appeal
NOTICE OF
ABANDONMENT OF APPEAL
(Order 3, Rule 20)
Regina
v. [blank]
I, [blank having been con victed of [blank], in the [blank] Court at [blank]
and having been desirous of appealing to the Court against my said conviction
(or the sentence of [blank] passed
upon me on my said conviction) do hereby give you notice that I do not intend
further to prosecute my appeal, but that
I hereby abandon all further
proceedings in regard thereto as from the date hereof.
Signed or
Mark.......................................
Applicant
Signature and Address
of
Witness attesting Mark .......................................
DATED this [blank] day of [blank] 19 [blank]
To THE REGISTRAR
OF THE COURT OF APPEAL.
CRIMINAL FORM 14
In the Court of Appeal
NOTIFICATION OF
ABANDONMENT OF APPEAL
(Order 3, Rule 20)
Regina
v. [blank]
To THE ATTORNEY
GENERAL and to THE REGISTRAR OF THE SUPREME COURT and to THE COMMISSIONER OF
PRISONS.
This is to give you notice that I have this day
received from the above-named [blank]
a no tice of aban donment of all proceedings in regard to his appeal to the
Court. The said notice is dated [blank]
day of [blank] 19 [blank]. By rule 20 of the Rules of the
Court of Appeal Rules, 19 [blank]
upon the notice of abandonment being given the appeal shall be deemed to have
been dis missed by the Court.
DATED this [blank] day of [blank] 19 [blank]
....................................
Registrar of the Court
CRIMINAL FORM 15
In the Court of
Appeal
NOTICE OF APPLICATION
FOR LEAVE TO WITHDRAW AN ABANDON MENT OF APPEAL
(Order 3, Rule 21)
To THE REGISTRAR,
COURT OF APPEAL.
I, [blank], having been convicted of the
offence of (1) [blank] and
now being a prisoner in prison at [blank]
(or) whose address for service is [blank]
and having duly sent a notice that I desired to appeal to the Court of Appeal
and having abandoned my ap peal: GIVE YOU NOTICE,
that I hereby apply to the
Court of Appeal for leave to withdraw my Notice of Abandonment, in the special
circum stances fol lowing(2)
Signed or Mark
.......................................
Applicant
Signature and Address
of
Witness attesting Mark .......................................
DATED this [blank] day of [blank] 19 [blank]
Note‑Form 7
must be filled up and sent with this Notice to the Registrar.
(1) State the offence, e.g. larceny, forgery, etc.
(2) Set out as clearly and concisely as possible
the special reasons for giving such notice, and the grounds on which you submit
the
Court should allow you to withdraw the abandonment.
CRIMINAL FORM 16
In the Court of
Appeal
ORDER TO WITNESS
TO ATTEND COURT FOR EXAMINATION
(Order 3, Rule 22(1))
Regina
v. [blank]
To
.......................................
(Name of witness)
of
.......................................
(Address)
WHEREAS on good cause
shown to the Court you have been or dered to attend and be examined as a
witness before such Court upon the
appeal of the above-named. This is to give
you notice to attend before the said Court at [blank] on [blank] the [blank] day of [blank] 19 [blank], at [blank] o'clock in the [blank] noon. You are also required to
have with you at the said time and place any books, papers or other things
relating to the said
appeal which you may have had notices so to produce.
....................................
Registrar of the Court
DATED this [blank] day of [blank] 19 [blank]
CRIMINAL FORM 17
In the Court of
Appeal
APPELLANT'S
APPLICATION FOR FURTHER WITNESSES
(Order 3, Rule 22(2))
Regina
v. [blank]
I, [blank] having appealed to the Court,
hereby request you to take notice that I desire that the said Court shall order
the witnesses hereinafter
specified to attend the Court and be ex amined on my
behalf.
Signed or Mark
.......................................
Appellant
Signature and Address
of
Witness attesting Mark .......................................
DATED this [blank] day of [blank] 19 [blank]
You are required
to fill up the following and sign the same.
1 Names and addresses of witnesses
2 Whether such witnesses have been
examined at trial
3 If not, state the reason why they were
not so examined.
4 On what matters do you wish them to be
examined on the appeal?
State shortly the
evi dence you think they can give.
CRIMINAL FORM 18
In the Court of
Appeal
NOTICE TO WITNESS
TO ATTEND BEFORE AN EXAMINER
(Order 3, Rule 22(5))
Regina
v. [blank]
To
.......................................
(Name of witness)
of
.......................................
(Address of
witness)
WHEREAS on good cause
shown to the Court you have been or dered to be examined as a witness upon the
appeal of the above-named,
and your deposition to be taken for the use of the
said Court.
This is to give you
notice to attend at [blank] on the [blank] day of (Specify place of
examination) [blank] 19 [blank], be fore (Fill in examiner's
name)[blank] at [blank] o'clock in the [blank]
noon.
You are also required
to have with you at the said time and place any books, papers or other things
under your control or in your
posses sion in any manner relating to the said
appeal of which you have had notice so to produce.
..............................
Registrar of the Court
DATED this [blank] day of [blank] 19 [blank]
CRIMINAL FORM 19
In the Court of
Appeal
CAPTION FOR
DEPOSITION OF WITNESS
EXAMINED BEFORE EXAM INER
(Order 3, Rule 22 (7) )
Regina
v. [blank]
The deposition (on
oath) taken before me the undersigned, being an ex aminer duly appointed by the
Court in that behalf of [blank] of [blank] (Name of witness) of (Address of
witness) and of [blank] (Name of
witness) of (Address of witness) examined before me under an order of the said
Court dated [blank] day of [blank] 19 [blank] in the presence of the said [blank] Appellant (or of his legal represen tative) and the
Respondent at [blank] on the [blank] day of [blank] 19 [blank], which
said Appellant (or his legal representative) and Respondent had full opportunity
of asking questions of the said witnesses,
to whom the depositions following
were read by me before being signed by them the said witnesses respectively.
The deposition of [blank] of [blank] who (upon oath duly administered by me) said as fol lows—
DATED this [blank] day of [blank] 19 [blank]
.............................
Examiner
CRIMINAL FORM 20
In the Court of
Appeal
NOTIFICATION TO
APPELLANT OF RESULT OF APPLICATION
(Order 3, Rule 24(1))
Regina
v. [blank]
To THE ABOVE-NAMED
APPELLANT.
This is to give you
notice that the Court have considered the matter of your application for—
(a) leave to appeal to the said Court;
(b) leave to extend the time within which you may
give no tice of appeal or of application for leave to appeal;
(c) admission to bail;
(d) leave to withdraw abandonment of appeal;
and have finally
determined the same and have this day given judgment to the effect following—
..............................
Registrar of the Court
DATED this [blank] day of [blank] 19 [blank]
CRIMINAL FORM 21
In the Court of
Appeal
NOTICE TO
AUTHORITIES OF RESULT OF APPLICATION
(Order 3, Rule 24 (1) )
Regina
v. [blank]
TO THE ATTORNEY
GENERAL and to THE REGISTRAR OF THE SUPREME COURT and to THE COMMISSIONER OF
PRISONS.
This is to give you
notice that the above-mentioned having ap plied for—
(a) leave to appeal to the said Court;
(b) leave to extend the time within which he may
give notice of appeal or of an application for Leave to appeal;
(c) admission to bail;
(d) leave to withdraw abandonment of appeal;
the Court have this day finally determined his
said applications and have given judgment to the effect following—
..............................
Registrar of the Court
DATED this [blank] day of [blank] 19 [blank]
CRIMINAL FORM 22
In the Court of
Appeal
NOTIFICATION TO
APPELLANT OF THE RESULT OF HIS AP PEAL
(Order 3, Rule 24(1))
Regina
v. [blank]
To THE ABOVE-NAMED
APPELLANT.
This is to give you
notice that the Court having considered the matter of your appeal have finally
determined the same and have
this day given judgment to the effect following—
.................,............
Registrar of the Court
DATED this [blank] day of [blank] 19 [blank]
CRIMINAL FORM 23
In the Court of
Appeal
NOTICE TO
AUTHORITIES OF RESULT OF APPEAL
(Order 3, Rules 24 and 25)
Regina
v [blank]
TO THE ATTORNEY
GENERAL and to THE REGISTRAR OF THE SUPREME COURT and to THE COMMISSIONER OF
PRISONS.
This is to give you
notice that the above-named having appealed against his conviction for the
offence of [blank] before the [blank] Court, and/or the sentence of [blank] passed upon him for the offence
of [blank] by the [blank] Court, the Court have finally
determined the said appeal, and have this day given judg ment therein to the
effect following—
Signed
..............................
Registrar of the Court
DATED this [blank] day of [blank] 19 [blank]
THIRD SCHEDULE
FEES
1(1) On filing Notice of Appeal against
a final Judgement or deci sion (including
service of notice on respondent): $200.00
(2) On respondent's Notice of intention
to contend that decision of Court
below be varied: 200.00
(3) On filing Notice of Appeal against an
interlocutory order or decision:
50.00
(4) On filing motion or notice of application
for leave to appeal or notice of application
for extension of time: 50.00
(5) On filing Notice of Appeal where leave
granted (including service of notice
on respondent): 100.00
(6) On filing motion or application for
extension of time:—
if the time has not yet expired: 25.00
if the time has already expired: 75.00
(7) On filing any motion or application
not otherwise provided for: 50.00
(8) On filing motion for stay of execution
(if application is made by separate motion): 50.00
(9) On
filing amended or additional grounds of
appeal:—
if filed without leave of the court: 50.00
if filed with leave of the Court under
Order 2 rule 2(8): 100.00
(10) On filing notice of address of service
under Order 2 rule 6 (including service
of notice on appellant):
25.00
(11) On settling the record: 100.00
(12) For transcribing the Judge's notes of
evidence and Judge ment: 10.00 per foolscap page
(13) For preparation of the record per page
per copy: .30
(14) For the Registrar's certificate that the
conditions of appeal have been fulfilled:
100.00
(15) On amending or adding to grounds of appeal
by leave or di rection of the Court at
the hearing: 50.00
(16) Hearing fee payable in advance—
(i) for an appeal relating
to ancillary
relief in di vorce proceed ings: 200.00
(ii) for any other appeal: 400.00
(17) On filing motion to restore appeal dismissed
under Order 2 rule 17: 100.00
(18) On filing motion to restore appeal struck
out under Order 2 rule 21: 75.00
(19) On filing motion to set aside and re-hear
appeal determined ex parte: 100.00
(20) On filing a bill of costs: 15.00
(21) On taxing a bill of costs where taxation
is non-contentious: 25.00
(22) On taxing a bill of costs where taxation
is contentious: 100.00
(23) On filing motion to set aside Taxing Officer's
decision or or der: 50.00
(24) On filing notice of abandonment of appeal: 50.00
(25) On every certificate of the order of the
Court of Appeal made on the final determination
of appeal: 25.00
(26) For swearing an affidavit or making a
declaration, per de ponent: 5.00
(27) For marking any paper annexed to an affidavit
or declara tion: 1.00
(28) On filing a security bond: 15.00
(29) On filing any other document or exhibit: 5.00
(30) On justification of sureties: for each surety: 25.00
(31) For the drawing up of any order or judgement: 25.00
(32) For every subpoena: 15.00
(33) On warrant for prisoner to give evidence: 15.00
(34) On inspection of any document or judgment: 5.00
(35) For searching the archives; for each period
of six months or part thereof: 25.00
(36) For preparing a copy where authorized: .30 per page per copy
(37) On filing motion for leave to appeal
to the Privy Council:
200.00
(38) On every bond where the appeal is to
the Privy Council: 25.00
(39) On making and drawing up order for leave
to appeal to the Privy Council: 25.00
2 The fee for the service of any document or
process shall be that charged for such service
by the Supreme Court.
3 The allowances payable to witnesses shall be
those payable to witnesses in the Supreme Court.
4 The
fee for the services of a special interpreter
of a language not in common use shall be that
charged for such services by the Supreme Court.
5 The following fees in connexion with appeals
are
assessable in accordance with the rules in force
in the Supreme Court, and are not prescribed by
these Rules:—
Fees for any application made to and
determinable by the Supreme Court.
FOURTH SCHEDULE
SCALE OF FEES PAYABLE
TO BARRISTERS AND ATTORNEYS
SCALE A
(CIVIL CAUSES AND
MATTERS)
(1) On advising client as to appeal: $ 25.00
per 1/4 hour
(2) On preparing and drawing notice of
appeal or cross-appeal or application
for leave to appeal: 25.00 per 1/4 hour
(3) For attending at the Registry and filing
notice of appeal or cross-appeal or notice
of motion: 25.00
(4) On service of notice of appeal or cross-appeal 25.00
(5) On preparing for the settling of the record: 25.00 per 1/4 hour
(6) For attending at the Registry for the settling
of the record: 25.00 per 1/4 hour
(7) For attending at the Registry to pay fees for
the settling of the record:
25.00
(8) On preparing appeal bond including filing and
service thereof: 100.00
(9) On preparing for the hearing of appeal: 25.00 per 1/4 hour
(10) On attending in Court or a Judge in Chambers
for hearing of appeal: 30.00
per 1/4 hour
(11) On attending in Court to hear judgement: 30.00
per 1/4 hour
(12) Where no costs are specified by these Rules in
respect of any matter or thing the Registrar may
allow the costs applicable to such matter or thing
as is laid down in the rules in force in the
Supreme Court.
SCALE B
(APPEALS IN
CRIMINAL CASES)
This scale shall
apply only for taxation of costs ordered to be taxed and paid as between party
and party on an appeal to the Court
from a deci sion of the Supreme Court given
in its original or appellate ju risdiction in a criminal cause or matter.
1 A fee for instructions to include all work
done in and about the appeal other than
that chargeable under the subsequent item,
at the dis cretion of
the Registrar: $ 30.00 per 1/4 hour
2 A fee for each necessary attendance in
Court or Chambers, as allowed under
items 10 and 11 of Scale A,
but in every case at one-half of
the amount shown for
such item in that scale.
FIFTH SCHEDULE
Fees payable to a
barrister and attorney assigned pursuant to section 26 (1) of the Act or
pursuant to Rule 33 to represent an appel
lant.
Attending upon appellant to take
instructions: $ 15.00 per 1/4 hour
Drawing notice of appeal and making
necessary
copies thereof: 75.00
Attending in Court on hearing of appeal: 30.00 per 1/4 hour.
[Amended by:
SR&O 9/1967
SR&O 182/1969
SR&O 26/1970
SR&O 72/1971
SR&O 36/1976
BR 1/1979
BR 8/1988 ]
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