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PRELIMINARY Order 1 CITATION, APPLICATION, INTERPRETATION, FORMS AND DIRECTIONS Citation 1. These Rules may be cited as the Rules of the Supreme Court 1975. Application 2. (1) Subject to the following provisions of this rule, these Rules shall have effect in relation to all proceedings in the Supreme Court. (2) The Rules shall not, except as expressly provided by these Rules, have effect in relation to the following proceedings:- 1. Non-contentious or common form probate proceedings; 2. Bankruptcy proceedings; 3. Proceedings relating to the winding up of companies; 4. Proceedings to which Matrimonial Causes Rules apply; 5. Proceedings in the High Court when acting as a Prize Court; 6. Any other proceedings in the High Court instituted under any enactment, in so far as rules made under that enactment regulate those proceedings. (3) These Rules shall not have effect in relation to any criminal proceedings other than criminal proceedings to while Orders 52 to 57 (inclusive) and Orders 59 and 62 apply. (4) In the case of the proceedings mentioned in paragraphs (2) and (3) nothing in those paragraphs shall be taken as affecting any provision of any rules (whether made under the Act or any other Act or Ordinance) by virtue of which the Rules of the Supreme Court 1975 or any provisions thereof are applied in relation to any of those proceedings. Application of Interpretation Act 1962 3. The Interpretation Act 1962 shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament. Definitions 4. (1) In these Rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, namely- "the Act" means the Supreme Court of Judicature Act of 1962; "the appropriate Registry" means (a) in relation to an action initiated or proceeding in the Registry, the Registry; (b) in relation to an action initiated or proceeding in a Sub-Registry, that Sub-Registry; (Inserted by Legal Notice No. 121 of 1980, The Supreme Court (Amendment) Rules, 1980) "cause book" means the book kept in the Registry or a Sub-Registry in which the letter and number of, and other details relating to, a cause or matter are entered; [O. 1, rr. 4-5 "consular authority" means a Trinidad and Tobago consular officer entrusted with the exercise of consular functions and a consular officer of any other state entrusted with the exercise of such functions on behalf of the Government of Trinidad and Tobago; "folio" means 72 words, each figure being counted as one word; "jurisdiction" includes the ships of the Trinidad and Tobago Defence Force wherever situated; "land" includes a building or any part thereof whether or not it forms part of the land on which it is situated; "Marshal" includes a deputy-marshal; "Master" means a Master of the High Court; (Inserted by Legal Notice No. 199 of 1980, The Supreme Court (Amendment)(No 2) Rules, 1980) "mental disorder" has the meaning assigned to it in section 2(1) of the Mental Health Act 1975; (Inserted by Legal Notice No. 121 of 1980, The Supreme Court (Amendment) Rules, 1980) "moneylender's action" has the meaning assigned to it by Order 80; "officer" means an officer of the Supreme Court; "originating summons" means every summons other than a summons in a pending cause or matter; "patient" has the meaning assigned to it in section 2(1) of the Mental Health Act 1975; (Inserted by Legal Notice No. 121 of 1980, The Supreme Court (Amendment) Rules, 1980) "person under disability" means a person who is an infant or a patient; (Inserted by Legal Notice No. 121 of 1980, The Supreme Court (Amendment) Rules, 1980) "pleading" does not include a petition, summons or preliminary act; "probate action" has the meaning assigned to it by Order 74; "receiver" includes a manager or consignee; "Registrar" includes the Deputy Registrar; "Registry" means the Registry of the Supreme Court in Port-of Spain; "Sub-Registry" means the Sub-Registry of San Fernando or of Tobago as the context requires; "writ" means a writ of summons.
(2) In these Rules, unless the context otherwise requires, "the Court" means the High Court or any one or more Judges thereof whether sitting in Court or in Chambers, or a Master (Inserted by Legal Notice No. 199 of 1980, The Supreme Court (Amendment)(No 2) Rules, 1980) or the Registrar or an Assistant Registrar acting under Part IA (Inserted by Legal Notice No. 27 of 1983) or Part II of Order 32. Construction of References to Orders, Rules, etc. 5. (1) Unless the context otherwise requires, any reference in these Rules to a specified Order, rule or Appendix is a reference to that Order or rule of, or that Appendix to, these Rules, and any reference to a specified rule, paragraph or sub-paragraph is a reference to that rule of the Order, that paragraph of the rule, or that sub-paragraph of the paragraph, in which the reference occurs. (2) Any reference to these Rules to anything done under a rule of these Rules includes a reference to the same thing done before the commencement of that rule under any corresponding rule of court ceasing to have effect on the commencement of that rule.
(3) Except where the context otherwise requires, any reference in these Rules to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment. Construction of References to Action, etc., for possession of Land 6. Except where the context otherwise requires, references in these Rules to an action or claim for the possession of land shall be construed as including references to proceedings against the Crown for an order declaring that the plaintiff is entitled as against the Crown to the land or to the possession thereof. Construction of References to Chief Justice 7. For references in these Rules to the Chief Justice there shall, in relation to any period for which the office of Chief Justice is vacant, be substituted references to the person for the time being performing the function of the Chief Justice. Construction of certain References to the Central Bank 8. Any reference in these Rules to the Central Bank shall, where the reference occurs in a provision relating to the giving of permission by the Central Bank under the Exchange Control Act 1970 for the payment of money, be construed as including a reference to any person to whom the power of the Central Bank to give such permission has been duly delegated. Forms 9. The forms in the Appendices shall be used where applicable with such variations as the circumstances of the particular case require. Directions: General 10. (1) Where in these Rules a rule may be made subject to such directions as the Chief Justice may give, the Chief Justice may give such directions as he thinks fit to modify or alter that rule. (2) Where in these Rules express provision is not made for the giving of directions by the Chief Justice and the Chief Justice is of the opinion that directions ought to be given, he may, subject to the provisions of these Rules, give such directions as he thinks fit with respect to any aspect of the practice or procedure followed in the Supreme Court. (3) Directions given by the Chief Justice under this or any other rule of these Rules shall be- (a) published in the Trinidad and Tobago Gazette; (b) displayed at the Registry and each Sub-Registry; and (c) made available for sale at the Registry and each Sub-Registry. (4) any directions given by the Chief Justice shall have effect as from the date of their publication in the Trinidad and Tobago Gazette unless the directions so published prospectively provide otherwise. Exercise of Functions by Registrar and Assistant Registrars 11. Subject to the provisions of Order 32, rule 18(2) and without prejudice to the provisions of Order 32, rule 18(1) and Order 62, rule 15 any function conferred by these Rules on- (a) an Assistant Registrar of a Sub-Registry may be exercised by any other Assistant Registrar authorised by the Registrar to perform that function or by the Registrar; and (b) the Registrar which is a function that were it exercisable in respect of a cause or matter proceeding in a Sub-Registry would, by these Rules, be exercisable by the Assistant Registrar of that Sub-Registry may be exercised by any Assistant Registrar authorised by the Registrar to perform that function. |