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Magistrates’ Court (Fees and Costs in Civil Proceedings) Rules (Statutory Instrument 48 of 1960)

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This is the latest version of this legislation commenced on 01 Dec 2014.

Seychelles

Courts Act

Magistrates’ Court (Fees and Costs in Civil Proceedings)
Rules

Statutory Instrument 48 of 1960

  • Commenced on 4 July 1960

  • [This is the version of this document at 1 December 2014.]


[S.I. 48 of 1960; S.I. 116 of 1968; S.I. 6 of 1980; S.I. 16 of 1981; S.I. 36 of 1990; S.I. 10 of 2009; S.I. 15 of 2014]


1. Citation

These rules may be cited as the Magistrates’ Court (Fees and Costs in Civil Proceedings) Rules.

2. Interpretation

In these rules unless the context otherwise requires the words and expressions used shall have the meanings ascribed to them in rule 2 of the Magistrates’ Court (Civil Procedure) Rules.

3. Court and process servers’ fees

The several fees specified in the First Schedule to these rules shall be payable in the office of the clerk of the court on civil proceedings in the court. Such fees shall be paid in the first instance by the party on whose behalf such proceeding is to be taken, on or before such proceeding.

4. Advocate’s fees

The advocacy fees to be allowed as between party and party and included in the judgment in civil proceedings in the court shall be in the discretion of the court but shall not exceed the scale set out in the Second Schedule to these rules.

4A. Disbursements

(1)A party entitled to claim advocacy fees under rule 4, in accordance with the scale set out in the Second Schedule, is also entitled to recover disbursements necessarily incurred in pursuing or defending the claim, and shall include those disbursements in a separate paragraph in the bill of costs.
(2)Every disbursement claim under subrule (l) shall be supported by a receipt or, if it is impracticable or inconvenient to obtain a receipt, by affidavit or other evidence sufficient to satisfy the clerk that the disbursement has been made.

[rule 4A was inserted by SI 15 of 2014 with effect from 24 February 2014]

5. Witnesses’ fees

Notwithstanding anything to the contrary in the witnesses Tariff Act and in rules of court made thereunder, there shall be paid to witnesses summoned in civil case in the court the same expenses and allowances as would be payable to such witnesses if they had been summoned in a criminal case.


First Schedule (Rule 3)


1. Entering plaint including issue and service of summons within two miles of the court house and incidental matters, where the value of the claim or demand (a) does not exceed R10,000 2% of the value, subject to minimum fee of R100
(b) exceeds R10,000 but does not exceed R50,000 Additional 1% on surplus
(c) exceeds R50,000 Additional ½% on surplus
[item 1 was amended by SI 15 of 2014 with effect from 24 February 2014]
2. On filing any petition, motion or application, whether to the court or in Chambers including application to a Magistrate R70
3. On issuing order for attachment, warrant or other order R70
4. On order amending any pleadings R50
5. On issue of summons to give personal answers R50
6. On issue of summons to provisional Garnishee R30
7. On summons to witness (each witness) R25
8. On attendance of any officer of the court to produce or documents to be given in evidence R60
9. On issue of any summons unless otherwise provided R25
10. On drawing up any order, decree, judgment, warrant, memorandum or notice or any other document not specially provided R60
11. On taking any bond, recognizance of security unless otherwise provided R50
12. On every hearing of any plaint or other original proceeding before the court for each day or party thereof (to be paid before the hearing by the party originating the proceedings) provided that, when judgment is consented to before the hearing actually commences no hearing fee shall be charged R100
13. On every adjournment of the hearing of a cause or matter at the request of either party when no hearing fee has become payable, provided that for extraordinary cause shown at the time of the request for adjournment to be beyond control of any part so requesting, the court may exempt such party from payment of this fee R50
14. On hearing before the court of ex parte petition, motions or applications or where an Order is made or judgment given by consent R60
15. On moving the court for judgment or making any other incidental application to the Court or a magistrate not otherwise provided for R50
16. On taking affidavit, affirmation, declaration etc  
(a) for use in proceeding before the court or a magistrate in chambers, for each deponent R30
(b) for any other purpose, for each deponent R30
17. On making any exhibit referred to in any affidavit, affirmation or declaration referred to in Item 16(b) R25
18. On filing or taking off the file, any document unless otherwise provided R15
19. In the case of money paid into court, on the same being paid out where the amount exceeds R25  
(a) up to R100 R25
(b) above R100 2%
20. An office copy of every document, record evidence, or other proceedings, for every thirty lines or fractional part thereof in respect of each copy required R25
21. Usher’s fee for serving any summons, warrant, sub-poena, notice or other document (a) within 2 miles of the court R25
(b) above 2 miles for every extra miles charge each way R15
Provided that for service in Praslin or La Digue of a document issued in Mahe and vice versa, a fixed fee of R600 respectively will be payable.[item 21 was amended by SI 15 of 2014 with effect from 24 February 2014]
Appeals
22. On filing notice of appeal R110
23. On taking recognizance of appellant R50
24. On typing record of appeal, for every 30 lines or fractional party thereof, in respect of each copy required R25
25. Memorandum for appeal R30

Second Schedule

Advocate fees

Where the total amount of the claim including interest but excluding costs, or the value of the matter

As estimated in the plaint
(a) does not exceed R1000   no fees shall be allowed
(b) exceeds R1000 but does not exceed R10,000 fees may be allowed as Drawing plaint or defence and generally preparing for trial R150
Drawing application or motion paper R50
Attending summons to answer R70
Attending trial on each occasion when witness or arguments are heard;  
(a) half day or less R150
(b) full day R300
Attending on delivery of reserved judgment R70
Attending where adjournment granted at instance of another party R70
(c) exceeds R10,000 fees may be allowed as Drawing plaint or defence and generally preparing for trial R225
Drawing application or motion paper R70
Attending summons to answer R70
Attending trial on each occasion when witness or arguments are heard  
(a) half day or less R300
(b) full day R600
Attending on delivery of reserved judgment R70
Attending where adjournment granted at instance of another party R70