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The Civil Proceedings Rules, 1998

Part 2

Application and Interpretation of the Rules

Contents of this Part

Citation and commencement Rule 2.1
Application of the Rules Rule 2.2
Definitions Rule 2.3
Who may exercise the powers of the court Rule 2.4
Court staff Rule 2.5
Court's discretion as to where it deals with cases Rule 2.6
Time - court to state calendar date Rule 2.7
Time - computation Rule 2.8
Time - vacations Rule 2.9
Meaning of 'month' Rule 2.10
Documents Rule 2.11

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Citation and Commencement

2.1 (1) These Rules may be cited as the Civil Proceedings Rules 1998

(2) They shall come into force, subject to the transitional provisions contained in Rule 80, on the 1 January 1999

(3) A reference to a rule as CPR xx or rule xx is a reference to a rule so numbered in these Rules.

Application of the Rules

2.2 (1) Subject to paragraph (3), these Rules apply to all civil proceedings in the Supreme Court.

(2) 'Civil proceedings' includes Judicial Review and applications to the Court under section 14(1) of the Constitution under Part 56.

(3) These Rules do not apply to proceedings of the following kinds
    • Insolvency (including winding up of Companies)
    • Non-contentious probate proceedings
    • Family proceedings.
    • Proceedings when the High Court is acting as a Prize Court
      •

Definitions

2.3 In these Rules -

"ADR procedures" mean any procedures for alternative dispute resolution including, in particular, mediation.

"application" and "applicant" have the meanings given by rule 11.2;

"body corporate" includes a company or other body corporate wherever or however incorporated other than a corporation sole and includes a limited company unless a rule otherwise provides;

"certificate of value" has the meaning given by rule 8.6;

"Chief Justice" includes, in relation to any period in which the office of Chief Justice is vacant, the person for the time being performing the functions of the Chief Justice;

"claim" is to be construed in accordance with Part 8

"claim for personal injuries" means proceedings in which there is a claim for damages in respect of personal injuries to the claimant or any other person or in respect of a person's death and 'personal injuries' includes any disease and any impairment of a person's physical or mental condition;

"claimant" means a person who makes a claim; and, in relation to any proceedings commenced before these Rules came into force, includes a plaintiff in an action or the petitioner or applicant in any proceedings commenced by petition, originating summons or motion;

"the Constitution" means the Constitution of Trinidad and Tobago;

"court" means the High Court and where the context admits, and in Part 64, the Court of Appeal;

"court office" indicates -

(a) the place where documents are to be filed etc., and includes a registry or sub-registry; and

(b) where work of a formal or administrative nature under rule 2.5(1) is to be dealt with by members of the court staff;

"defendant" means a person against whom a claim is made and, in relation to proceedings commenced before these Rules came into force includes a respondent to any originating summons or motion;

"external company" means any incorporated body of persons that is formed under the laws of a country other than Trinidad and Tobago

"filing", in relation to a document, means delivering, sending it by facsimile transmission or posting it to the appropriate court office and is not completed until the document is received at that office;

"fixed date claim" is a claim form in Form 2 upon which there has been stated a date, time and place for a first hearing of the claim;

"limited company" means a body corporate that is incorporated or continued under the Companies Act 1955, No 35 of 1995;

"master", subject to any direction under rule 2.4(2), includes assistant master.

"minor" means a person under 18;

"next friend" has the meaning given by Part 23;

"order" includes a judgment, decree, rule, direction, award or declaration;

"the overriding objective" means the objective set out in rule 1.1;

"party" includes both the party to the claim and any attorney on record for that party unless any rule specifies that it relates to the lay client or to the attorney;

"patient" means a person who by reason of mental disorder within the meaning of the Mental Health Act Chap 28.02 is incapable of managing his own affairs;

"period for filing a defence" has the meaning given by rule 10.3;

"proper officer" means the Registrar of the Supreme Court or any other person who from time to time may be designated as having, subject to the Chief Justice, managerial control of the Supreme Court and has custody of the seal of the Supreme Court and responsibility for funds in court;

"statement of case" includes a claim, defence, counterclaim, third party (or subsequent) notice or defence and a reply to a defence;

"statutory rate of interest" means the rate of interest on judgments prescribed for the time under section 13 of the Remedies of Creditors Act, Chap 8.09.

"summary judgment" is to be construed in accordance with Part 15;

Who may exercise the power of the court

2.4 (1) Except where any enactment, rule or practice direction provides otherwise the functions of the High Court may be exercised by any judge or master of that court and the functions of the Court of Appeal may be carried out by any three or, in the case of procedural appeals, any two judges of the Court of Appeal.

(2) The Chief Justice may by direction allocate the work of the court between judges and masters.

Court staff

2.5 (1) Where these Rules refer to an act being done by the court office or require or permit the performance of an act of a formal or administrative character, that act may be performed by a member of the court staff authorised in writing by the Chief Justice.

(2) Where these Rules expressly so provide, any other functions of the court may be carried out by a member of the court staff authorised in writing by the Chief Justice.

Court's discretion as to where it deals with cases

2.6 (1) The court may deal with a case at any place that it considers appropriate.

(2) In considering what place may be appropriate the court must consider the convenience of such place to the parties and their attorneys.

Time - court to state calendar date

2.7 When making any judgment, order or direction which imposes a time limit for doing any act the court must, wherever practicable -

(a) state the calendar date; and

(b) include the time of day,

by which such act must be done.

Time - computation

2.8 (1) This rule shows how to calculate any period of time for doing any act which is fixed -
        1. by these Rules; or
        2. by any practice direction; or
        3. by any order of the court.

(2) All periods of time expressed as a number of days shall be computed as clear days.

(3) In this rule 'clear days' means that in computing the number of days the day on which the period begins and the day on which the period ends are not included.

Examples
        1. Notice of an application must be served at least 3 days before the hearing

          2. Application is to be heard on Friday 20 October

          The last date for service is Monday 16 October.

        2. A trial bundle must be filed not more than 7 days before the date on which the trial is due to start

The trial is due to start on Tuesday 17 October the bundle must be filed on or after Monday 9 October.

(4) Where the specified period -

      1. is 5 days or less; and
      2. includes
        1. a Saturday or Sunday; or
        2. any other day on which the court office is closed

that day does not count.

(5) When the period fixed -
      1. by these Rules; or
      2. by any practice direction
      3. by any order,

for doing any act at court ends on a day on which the court is closed, it shall be in time if done before 4 p.m. on the next day on which the court is open.

(6) When the period fixed
      1. by these Rules; or
      2. any practice direction; or
      3. by any order

for doing any act which does not need to be done at court ends -

(i) on a Saturday or Sunday; or

(ii) on any public holiday; or

(iii) on Carnival Monday or Carnival Tuesday,

it must be done before 4 p.m. on the next ordinary business day.

Time - vacations

2.9 (1) During the long vacation time prescribed by these rules for serving any statement of case other than the claimant's statement of case served with his claim form does not run.

(2) However this rule does not override any order of the court which specifies a date for service of a statement of case.

Meaning of 'month'

2.10 Where 'month' occurs in any order or any other document, it means a calendar month.

Documents

2.11 (a) So far as is practicable, every document prepared for use in the Supreme Court must be on "letter size" paper; approximately 11 inches long by 8.5 inches wide. Margins of 1" (25 mm) must be left at top and bottom and of 1.5" (38 mm) at each side.

(b) Every document to be filed at the court must be headed with the title of the proceedings and -
      1. a description of the document; and
      2. a statement of the nature of the case; and
      3. be endorsed with the name; and
    • firm name; and
    • bar number and
    • address; and
    • telephone and fax numbers; and
    • E mail address, of the attorney filing the document, and (where an advocate attorney has been instructed,
    • the name; and
    • bar number; and
    • telephone and fax numbers; and
    • E mail address,

of that advocate

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