COMMENCEMENT AND PROGRESS OF PROCEEDINGS ORDER 4 COMMENCEMENT REMOVAL AND CONSOLIDATION OF PROCEEDINGS
Commencement 1. Civil proceedings in the High Court shall be begun in the Registry or in a Sub-Registry.
Progress of Proceedings in the Registry and a Sub-Registry (The words "Sub-Registry of San Fernando" were replaced by a general reference to Sub-Registries by Legal Notice No. 86 of 1981, The Supreme Court (Amendment) Rules 1981)., except where removed 2. (1) Subject to the provisions of these Rules, where a cause or matter is proceeding in the Registry all proceedings in respect thereof shall, unless otherwise ordered by a Judge on an application made pursuant to this rule, be taken in the Registry and where a cause or matter is proceeding in a Sub-Registry (The words "Sub-Registry of San Fernando" were replaced by a general reference to Sub-Registries by Legal Notice No. 86 of 1981, The Supreme Court (Amendment) Rules 1981.) all proceedings in respect thereof shall, unless otherwise so ordered, be taken in that Sub-Registry. (2) Subject to the provisions of these Rules, any party to a cause or matter proceeding in the Registry may apply to a Judge for an order to remove the cause or matter from the Registry to a Sub-Registry and the Judge may, subject to rule 8 and to Order 75, rule 2, make an order accordingly, upon such terms, if any, as shall be just. (3) Any party to a cause or matter proceeding in a Sub-Registry (The words "Sub-Registry of San Fernando" were replaced by a general reference to Sub-Registries by Legal Notice No. 86 of 1981, The Supreme Court (Amendment) Rules 1981.) may apply to a Judge for an order to remove the cause or matter from the Sub-Registry to the Registry and the Judge may, subject to rule 8 and to Order 75, rule 2, make an order accordingly, upon such terms, if any, as shall be just. Commencement of Proceedings in the Sub-Registry of Tobago- 3. Proceedings shall be commenced in the Sub-Registry of Tobago when- (a) the subject matter of the proceedings is land situate in Tobago; or (b) the cause of action arose in Tobago. (Replaced by Legal Notice No. 86 of 1981, The Supreme Court (Amendment) Rules 1981) Parties Address for Service on Removal of a Cause or Matter 4. Where under the preceding rules a cause or matter is removed from the Registry or a Sub-Registry the plaintiff and the defendant shall, within seven days of such removal, give notice to the defendant and the plaintiff respectively of an address for service in the Sub-Registry or the Registry (as the case may be) to which the cause or matter is removed, in all respects as if the proceedings had been begun and the appearance had been originally entered in that Sub-Registry or the Registry (as the case may be). (Amended by Legal Notice No. 86 of 1981, The Supreme Court (Amendment) Rules 1981 - Rule 4 revoked, Rule 5 substantially amended, and Rules 5-8 are renumbered 4-7.) Where Proceedings shall be taken on Removal 5. Where under the preceding rules a cause or matter is removed from the Registry to a Sub-Registry or from a Sub-Registry to the Registry all proceedings in respect thereof shall be taken in that Sub-Registry or the Registry (as the case may be) to which the cause or matter has been removed as if the cause or matter had begun there. (Previously Rule 6: Amended by Legal Notice No. 86 of 1981, The Supreme Court (Amendment) Rules 1981.)Provided that when a Judge after hearing any cause or matter in San Fernando or Tobago has taken time for consideration before giving his judgment or decision, he may give such judgment or decision in Port-of-Spain and the Registrar shall forthwith transmit such judgment or decision to the appropriate Assistant Registrar. Consolidation, etc. of Causes or Matters 6. Where two or more causes or matters are pending in the same Court, if it appears to the Court:- (a) that some common question of law or fact arises in both or all of them; or (b) that the rights to relief claimed therein are in respect of or arise out of the same transaction or series of transactions; or (c) that for some other reason it is desirable to make an order under this rule, the Court may order those causes or matters to be consolidated on such terms as it thinks just or may order them to be tried at the same time or one immediately after another or may order any of them to be stayed until after the determination of any other of them. ( Considerations of which Account shall be taken by a Judge upon Application for Removal 7. If upon an application made pursuant to rule 2(2), or 2(3) ( Previously Rule 8: Amended by Legal Notice No. 86 of 1981, The Supreme Court (Amendment) Rules 1981, and reference to rule 3(4) deleted.), the Judge is not satisfied after considering the affidavit in support of and in answer, (if any) to the summons instituting the application that:-(a) the time limited for appearing as defined in Order 12 rule 5 has passed; or (b) there is sufficient reason for removing the cause or matter, he shall dismiss the summons. |