Seychelles
Courts Act
Magistrates’ Court (Civil Procedure) Rules
Statutory Instrument 114 of 1968
- Commenced on 1 December 1968
- [This is the version of this document at 1 December 2014.]
1. Short title
These rules may be cited as the Magistrates’ Court (Civil Procedure) Rules.2. Interpretation
In these rules the context otherwise requires—“advocate” means a barrister or an attorney admitted to practice in the Supreme Court;“cause” shall include any action, suit or other original proceedings between a plaintiff and a defendant;“clerk” has the same meaning as in Part III of the Courts Act;“Code” means the Seychelles Code of Civil Procedure;“court” means the Magistrates’ Court;“Government” means the Government of Seychelles;“law officer” means the Attorney General or any other person appointed by the Attorney General under section 13 of the Legal Practitioners Act;“matter” shall include every proceeding in the court not in a cause;“process server” means a process server of the Supreme Court and includes any person by whom process may be served under the provisions of section 35 of the Act;“suit” or “action” means a civil proceeding commenced by a plaint.Commencement of action
3. Suits to be commenced by plaint
Every suit shall be instituted by filling a plaint with the clerk.4. Plaints to be signed or marked
Every such plaint shall be signed by the plaintiff or by his advocate. In case the plaintiff is unable to sign, he shall mark the plaint in the presence of the clerk who shall certify under his signature that the mark has been affixed in his presence.5. Copies of plaint
The plaintiff shall in addition file as many copies of the plaint, as there are defendants.6. Prepayment of fees
Subject as otherwise provided, no proceeding shall be had and no process shall be issued by the clerk except on prepayment of the fees prescribed in respect of such proceeding or process.7. Proceedings by the Republic or the Government
8. Particulars of plaint to be registered
On receipt of a plaint the clerk shall enter in a register the names and places of residence of the parties, the nature of the action and the relief sought. Such entries shall be numbered in every year according to the order in which the plaints are received and the suit shall bear the same number. The judgment or final order of the court shall likewise be entered against such suit.Issue and service of summons
9. Summons
When the plaint has been entered in the register, the clerk shall issue a summons, under the seal of the court and signed by him, to each defendant calling upon him to appear in the court at a date and time therein stated, to answer the claim. A copy of the plaint shall be served with each summons.10. Commencement of suit
The summons to appear to a plaint shall be dated on the day on which the suit was entered and such date shall be the date of commencement of the suit.11. Day for appearance of defendant
The day for the appearance of the defendant shall be fixed by the clerk so as to allow the defendant sufficient time to enable him to appear and answer on such day. The time fixed for appearance shall not be earlier than 48 hours after the service of the summons, except by leave of the court.12. Sections 34, 35, 37 to 43 of the Code to apply
The provisions of sections 34, 35, 37 to 43 of the Code shall apply to the service of summonses to appear to a plaint in the court. All summonses to witnesses, orders of the court and other process requiring service may be served in the same manner as summonses to appear to a plaint except where a special mode of service is directed by these rules or by any other law in force.13. Process server to make return of service to clerk
All summonses, notices, orders or order process of the court required by these rules or any law in force or hereafter enacted to be served by a process server, shall within twenty-four hours after such service be returned to the clerk and the process server by whom such service has been effected shall certify thereon over his signature the day and hour of service and the place and manner of service.14. No service on dies non
No summons, notices or other process shall be served on a public holiday, or between the hours of six in the evening and six in the morning, except in case of urgency, with the leave of the court. A public holiday shall be counted in any computation of time required by these rules, unless any such day shall be the last of such time, in which case it shall be excluded from such computation.15. Service on parties on certain islands
Appearance of parties
16. Parties to appear on date fixed in summons
On the day fixed in the summons for the defendant to appear and answer to the claim, the parties shall be in attendance at the court in person or by their respective advocates or agents.17. Procedure if neither party appears
If on the day fixed for the defendant to appear and answer the claim, or on any other subsequent day to which the hearing of the suit is adjourned, when the case is called on, neither party appears, the suit shall then be dismissed unless the court for reasons to be recorded, otherwise directs. When a suit is dismissed under this rule, the plaintiff may bring a fresh suit, subject to the law as to prescription.18. If defendant does not appear
If on the day so fixed in the summons when the case is called on the plaintiff appears but the defendant does not appear or sufficiently excuse his absence, the court after due proof of the service of the summons, may proceed to the hearing of the suit and may give judgment in the absence of the defendant, or may adjourn the hearing of the suit ex-parte.19. If defendant subsequently appears
If the court has adjourned the hearing of the suit ex-parte, and the defendant, at or before such hearing, appears and assigns good cause for his previous non-appearance, he may upon such terms as the court directs as to costs or otherwise, be heard in answer to the suit as if he had appeared on the day fixed for his appearance.20. If plaintiff does not appear
If on the day so fixed in the summons, when the case is not called on, the defendant appears and the plaintiff does not appear or sufficiently excuse his absence, the plaintiff’s suit shall be dismissed. If the defendant admits the plaintiff’s claim or part thereof, the court shall give judgment for the plaintiff for so much of the claim as is admitted. If the defendant had claimed a set-off (compensation), the court may proceed to the hearing of the set-off and may give judgment thereon.21. If only some of the defendants appear
If there be more defendants than one, and one or more of them appear, and the others do not appear, the suit may proceed, and the court shall, at the time of passing judgment, make such order as it thinks fit with respect to the defendants who do not appear.22. Setting aside judgment given ex parte
If in any case where one party does not appear on the day fixed in the summons, judgment has been given by the court, the party against whom judgment has been given may apply to the court to set it aside by motion made within one month after the date of the judgment if the case has been dismissed, or within one month after execution has been effected if judgment has been given against the defendant, and if he satisfies the court that the summons was not duly served or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the court shall set aside the judgment upon such terms as to costs, payment into court or otherwise as it thinks fit and shall order the suit to be restored to the list of cases for hearing. Notice of such motion shall be given to the other side.23. How parties appear
A party to a cause or matter may appear in person or by advocate. A party not resident in Seychelles may appoint some other person to appear on his behalf;Provided that the court may for sufficient reasons allow any other person to appear on behalf of any party.Pleadings and inspection
24. Particulars to be contained in plaint
25. Statement of defence
The statement of defence must contain a clear and distinct statement of the material facts on which the defendant relies to meet the claim. A mere general denial of the plaintiff’s claim is not sufficient. Material facts alleged in the plaint must be distinctly denied or they will be taken to be admitted.26. Statement of defence must be filed with the clerk
The statement of defence shall be filed with the clerk and shall form part of the records. The defendant shall supply one copy to the plaintiff or there be more than one plaintiff, to each plaintiff, unless the court directs otherwise.27. List of defendant’s documents
If the defendant intends to produce any documentary evidence, he shall annex a list thereof to his statement of defence and shall state where the same may be seen a reasonable time before the hearing.28. Set-off
If the defendant relies upon a set-off (compensation), his statement of defence must contain particulars of such set-off and a statement of the material facts necessary to sustain the same. If the set-off depends upon a document, he must annex a copy of such document to his statement of defence.29. Counterclaim
The provisions of section 80 of the Code shall apply to a Counterclaim.[Note: SI 6 of 2011 purported to insert rule 29 as above. That SI did not however repeal the existing rule 29, which provided as follows: “If the defendant desires to make a counterclaim (demande reconventionelle) to the plaintiff’s claim, he must enter a separate suit in respect of such counterclaim. If judgement be given for the plaintiff in respect of his claim the court may grant a stay of execution of such judgment pending the hearing of the counterclaim.” An unofficial reprint of this Cap released by the Department of Legal Affairs in March 2012 proceeds on the assumption that SI 6 of 2011 was effective to repeal and replace rule 29.]30. Failure to comply with rules 24(4) and 27
If either the plaintiff or the defendant omits to comply with paragraph (4) of rule 24 or with rule 27 he shall not be allowed to produce in evidence on his behalf at the hearing, any document in respect of which such omission has been made, without the leave of the court and subject to such terms as the court may direct.31. Exception to rule 30
The provisions of rule 24(4) and of rule 27 shall not apply to documents produced for cross-examination of the witnesses of the other party, or in answer to any case set up by the defendant or handed to a witness merely to refresh his memory.32. Document not in possession of party
If any document included in the list of documents attached to the plaint or the statement of defence is not in the possession or power of the plaintiff or the defendant, as the case may be, the plaintiff or the defendant, shall state, if possible in whose possession it is.33. Inspection of documents
Each party shall be entitled to demand of the other inspection of any deed, agreement, bill or other documents mentioned or referred to in his pleading or in the list of documents annexed thereto or which are or have been in his possession or power, relating to the matter in question, and, in the event of such inspection not being granted, the party desiring the same may apply to the court by motion, of which notice shall be given at least two clear days before the hearing, for an order for such inspection, and the court may make an order for inspection in such place and in such manner as it may think fit:Provided that the court shall not make an order if it is of opinion that it is not necessary for disposing fairly of the cause or matter or to save costs.34. Non-compliance with order for inspection
If any party fails to comply with an order for inspection of documents, he shall be liable, if a plaintiff, to have his suit dismissed and, if a defendant, to be placed in the same position as if he had not appeared on the day fixed in the summons to answer the claim.35. Particulars
36. Plans
The court may order plans of any locus in quo to be supplied by either party in the same manner as particulars.37. Copies of particulars to be supplied
When particulars are ordered to be furnished, one copy shall be filed with the clerk and shall form part of the record, and one copy shall be supplied to each plaintiff or each defendant, as the case may be, by the party ordered to supply such particulars, unless the court directs otherwise.38. Point of law
Any point of law raised by the pleadings shall be disposed of at the trial, provided that by consent of the parties, or by order of the court, on the application of either party, the same may be set down for hearing and disposed of at any time before the trial. If in the opinion of the court the decision of such point of law substantially disposes of the whole cause of action, ground of defence or set-off, the court may thereupon dismiss the action, or make such other order therein as may be just.39. Striking out pleadings
The court may order any pleading to be struck out on the ground that it discloses no reasonable cause of action or answer, and in such case, or in case of the action or defence being shown by the pleadings be frivolous or vexatious the court may order the action to be stayed or dismissed or may give judgment, on such terms as may be just.40. Election of domicile
Every party who is represented by an advocate shall elect domicile in the office of his advocate. If he is not represented, he shall be deemed to have elected domicile at the place of residence endorsed by him on the pleadings or other application as the case may be unless he files with the clerk a written declaration electing domicile elsewhere within Seychelles.Possessory actions
41. Title or ownership not to be raised in defence when possession or trespass are denied
In possessory actions, if the possession and trespass are denied by the defendant, is shall not be competent for him to raise the question of title or ownership.42. Unsuccessful plaintiff in a Supreme Court petitory action debarred from entering possessory action in the court
It shall not be lawful for an unsuccessful plaintiff in a petitory action (action petitoire) in the Supreme Court to enter a possessory action in the court.Payment into court
43. Payment into court in full satisfaction of demand
The defendant in any suit may pay into court, at any stage of the suit, such sum of money as he shall consider a full satisfaction for the demand of the plaintiff. Notice of such payment shall be given forthwith by the clerk to the plaintiff in writing, and the amount shall be paid out to the plaintiff on his application.44. Acceptance in part satisfaction
If the plaintiff accepts such amount only as satisfaction in part of his claim, he may prosecute his suit for the balance; and if the court decides that the amount paid into court was a full satisfaction of the plaintiff’s claim, the plaintiff shall pay to the defendant the costs of the suit incurred by him after such payment and the costs incurred by him previous thereto, so far as they were caused by excess in the plaintiff’s claim.45. Acceptance in full satisfaction
If the plaintiff accepts such amount as satisfaction in full of his claim, he shall file in court a statement to that effect and the court shall pass judgment accordingly, and shall make such order as to the costs of the suit as shall appear to the court to be just under the circumstances.Joinder of causes of action, consolidation, parties and intervention
46. Sections 105 to 120 of the Code to apply
The provisions of section 105 to 120 of the Code shall apply in any cause or matter in the court.Incidental demands
47. Application to be made by motion
Either party to a suit may, in the course of such suit, apply to the court by way of motion to make an incidental demand.48. Manner of presenting motion
The motion may be made verbally, but the court may order the motion to be made in writing and to be supported by affidavit.Hearing
49. If defendant admits claim
If on the day fixed in the summons for the defendant to appear the defendant appears and admits the plaintiff’s claim, judgment shall be given for the plaintiff.50. If claim denied, statement of defence to be filed
If the defendant denies the plaintiff’s claim or any part, thereof, the court shall adjourn the case to a date to be fixed by the court and shall order the defendant to file a statement of defence on or before such date. If there are more than one defendant, with different defences, separate statements of defence shall be filed by such defendants. The court may, if it thinks fit, give judgment for the plaintiff for such part of the claim as is admitted by the defendant to be due:Provided however, that, if the defendant appears in person, the court if it thinks fit, may allow him to make his statement of defence verbally, which statement shall be recorded by the clerk or by the Magistrate, and the court may either hear the suit forthwith or fix another date for hearing:Provided further that the court may, at any time after the parties have appeared, proceed to hear the suit, if the parties are ready and consent thereto.51. Failure to file statement of defence
On the day to which the suit has been adjourned under the last preceding rule, the parties shall appear and the court shall then adjourn the suit to a date to be fixed by the court for the hearing. If the defendant has neglected to file his statement of defence within the time ordered by the court, the court may either give judgment for them plaintiff on his claim or grant further time, subject to such order as to costs, as to the court may seem fit.52. Hearing and adjournment
On the date fixed by the court for the hearing of the suit, the parties shall appear and the court shall proceed to the hearing of the suit. The court may, at any stage of the suit, if sufficient cause be shown and subject to such order as to costs as to the court may seem fit, sufficient cause be shown and subject to such order as to costs as to the court may seem fit, grant time to the plaintiff or defendant to proceed in the prosecution or defence of the suit and may adjourn the hearing of the suit.53. Procedure when suit is settled
If on the day fixed in the summons for the defendant to appear, or the plaintiff if no set off has been pleaded, appear in court and state that the suit has been settled, the suit shall be struck out and no suit shall thereafter be brought between the same parties in respect of the same cause of action.54. Judgment by consent
The parties may at any stage of the suit before judgment, appear in court, and file a judgment by consent signed by both parties, stating the terms and conditions agreed upon between them in settlement of the suit and the amount, if any, to be paid by either party to the other, and the court, unless it sees cause not to do so, shall give judgment in accordance with such settlement.55. Absence of Magistrate
When by reason of the illness or unavoidable absence of the Magistrate, the court cannot be held, the clerk shall call all the parties to the cases fixed for the day and all witnesses summoned for such day, and shall adjourn the court to such other day as he may deem expedient.56. Non-appearance at adjourned hearing
If on the day to which the hearing of the suit has been adjourned by the court, or by the clerk under the provisions of the last preceding rule, the parties or any of them fail to appear, the court may proceed to dispose of the suit in one of the manners directed in that behalf by rules 16, 17 and 19 or may make such order as it thinks fit.57. Procedure if parties fail to produce evidence, etc
If any party to a suit to whom time has been granted, fails to produce his evidence or to cause the attendance of his witnesses or to perform any other act necessary to the further progress of the suit, for which time has been allowed, the court may, notwithstanding such default, proceed to decide the suit forthwith.58. Hearing of suit in situ
The court may in any suit, either or its own motion or at the request of any party to the suit, if the court be of opinion that the hearing of the suit will be facilitated thereby—59. Court to be open
All sittings of the court shall be open to the public but the court may, in any particular cause or matter, if the court thinks necessary in the interests of public order or decency, order all persons not directly interested in such cause or matter, or any particular class of persons, to leave the court during the hearing.60. Procedure at trial
61. Judgment
62. Attendance of parties
63. Parties as witnesses
64. Entries to be made on record
The Magistrate shall enter in the record of every cause or matter, the date or dates on which it is called on, the names of parties appearing and of the advocates, if any, by whom they are represented, and the name, description and place of residence of every person who has given evidence. The Magistrate shall also make an entry of all the authorities cited by either party, of all the orders and judgments of the court, of all admissions made, of all objections taken and the ruling of the court thereon and of any other matter which appears to him to be requisite.65. Record and interpretation of evidence and personal answers
66. Documents admitted to be marked
Any document admitted in evidence shall be marked by the Magistrate or the clerk with a distinguishing number or letter and with the title of the cause or matter to which it relates and shall be attached to the record.67. Documents rejected to be marked for identification at parties’ request
Any document tendered in evidence but not admitted by rejected to be the court shall be similarly marked by the Magistrate or the clerk for the purpose of identification and as having been rejected and shall be attached to the record, if the party tendering the same requires.Amendments
68. Sections 146 to 150 of the Code to apply
The provisions of section 146 to 150 of the Code shall apply in a suit in the court.Witnesses
69. Witness summonses
Any party to a cause or matter may obtain a witness summons as provided under section 36(1) of the Act.70. Particulars to be contained in witness summons
Every summons for the attendance of a person to give evidence or produce a document shall specify the time and place at which he is required to attend, and also whether his attendance is required for the purpose of giving evidence or to produce a document or for both purposes, and any particular document which the person summoned is called upon to produce shall be described in the summons with reasonable accuracy.71. Summons to produce document
Any person summoned merely to produce a document shall be deemed to have complied with the summons if he causes such document to be produced instead of attending personally to produce the same.72. Evidence of person present in court
Any person present in court may be required by the court to give evidence or to produce any document then and there in his actual possession or power.73. Witness summons to be served by a process server
Every summons to a witness to give evidence or produce a document shall be served by a process server as nearly as may be in the manner prescribed by section 34 of the Code for the service of the summons on a defendant.74. Time for service
The summons shall in all cases be served a sufficient time before the time specified in the summons for the attendance of the person summoned, to allow him a reasonable time for preparation and for traveling to the court. A summons shall not be issued less than 24 hours before the time when the attendance of the witness is required, without the special leave of the court.75. When witness may depart
No person so summoned and attending shall depart unless and until—76. Witness to be kept out of earshot of the court
Witnesses who have been summoned and who have not yet testified shall be kept out of ear-shot of the court witnesses who have testified shall remain in the court-room until they have obtained a leave of the court to depart.77. Witness about to leave the jurisdiction
If a witness be about to leave the jurisdiction of the court, or if other sufficient cause be shown to the satisfaction of the court why his evidence should be taken immediately, the court may upon the application of either party, take the evidence of such witness at any time after the commencement of the cause or matter. Sufficient notice of the application shall be given to the adverse party.Personal answers
78. Rules relating to examination of parties on personal answers
79. Procedure to obtain attendance of adverse party for examination
Whenever a party is desirous of obtaining the personal answers not upon oath of the adverse party, he may apply to the court on the day fixed for the defendant to file his statement of defence, or prior thereto, or he may apply to the court ex-parte at any time prior to the date fixed for hearing of the cause or matter, to obtain the attendance of such adverse party and the court on sufficient ground being shown shall make an order granting the application. And the party having obtained such order shall serve a summons, together with a copy of the order, on the adverse party to appear in court on the day stated therein.80. Party present in the court may be examined
If a party to the cause or matter is present in court at the hearing of the case, he may be examined on his personal answers with the permission of the Magistrate, without any previous application.81. Examination when to take place
The examination on personal answers shall be in open court at the hearing of the cause or matter, but no party having closed his case shall be allowed thereafter to examine the adverse party on his personal answers.82. Examination may be separate
If more than one person be called by either party to a cause or matter to give personal answers, the court may direct that each such person shall give his answers out of the hearing of the others.Opposition by third parties
83. Sections 172 to 175 inclusive of the Code to apply
The provisions of sections 172 to 175 of the Code shall apply to judgments rendered in a suit by the court.Abatement
84. No abatement if cause of action survives
A cause or matter shall not become abated by person of the death, bankruptcy or insolvency, or change of status or of capacity, of any of the parties, if the cause of action survives; and, whether the cause of action survives or not, there shall be no abatement by reason of the death of either party between the hearing and the judgment.85. Death, bankruptcy etc., of a party
In case of the death, bankruptcy or insolvency or change of status or of capacity, of a party to a cause or matter, the court may order than any necessary party be added or that any person be entitled to represent the party who has died or become bankrupt or insolvent, or being the successor in interest of any such party, be substituted for such party.86. Substitution of name on record: application by representative of deceased party
Any person claiming to be the representative of deceased plaintiff or of a deceased defendant may apply to the court to substitute his name on the record for that of the deceased plaintiff, or the deceased defendant, as the case may be.87. Application by plaintiff or defendant
Any plaintiff or defendant may apply to the court to substitute any person alleged to be representative of a deceased defendant or of a deceased plaintiff for the deceased defendant or the deceased plaintiff, as the case may be.88. Procedure where party is added or substituted
If the court orders any party to be added or any person to be substituted under rule 85, 86 or 87, the cause or matter shall proceed in the same manner as if such person or parties had been parties at the commencement of the cause or matter.89. Summons to compel a party to proceed
When the plaintiff or defendant in a cause or matter dies and the cause of action survives, but the person entitled to proceed fails to proceed, the defendant or the person against whom the cause or matter may be continued may apply by summons to compel the plaintiff or the person entitled to proceed, to proceed within such time as may be ordered; and in default of such proceeding, judgment may be entered for the defendant or, as the case may be, for the person against whom the cause or matter might have been continued.Discontinuance
90. Discontinuance of action by plaintiff or defendant
The plaintiff may, at any time before the statement or defence has been filed, or after it has been filed, before taking other proceeding in that suit (save any interlocutory application), by notice in writing to the clerk, wholly discontinue his suit against all thereupon he shall pay such defendant’s costs of the suit, or if the suit be not wholly discontinued, the costs occasioned by the part of the claim so withdrawn. Such costs shall be taxed, and such discontinuance or withdrawal, as the case may be, shall not be a defence to any subsequent action. Save as in this rule otherwise provided, it shall not be competent for the plaintiff to discontinue the suit without leave of the court, but the court may at any time before judgment, upon such terms as to costs, and as to any other suit, and otherwise as may be just, order the suit to be discontinued or any part of the claim to be struck out. The court may, in like manner, and with the like discretion as to terms, upon the application of a defendant, order the whole or any part of his alleged grounds of defence to be withdrawn or struck out, but is hall not be competent to a defendant to withdraw his defence or any part thereof without such leave.91. Notice of discontinuance
The clerk shall on receipt of such notice in writing forthwith give notice to the defendant of such discontinuance or withdrawal.92. Costs of discontinued suit
The defendant may recover the costs of a suit which has been discontinued under rule 90 in the same way as if such costs had been granted by a judgment of the court.93. Subsequent action may be stayed
If any subsequent suit shall be brought before payment of a discontinued suit, for the same, or substantially the same cause action, the court may, if it thinks fit, order a stay of such subsequent suit, until such costs shall have been paid.Peremption of suits
94. Sections 186 to 193 inclusive of the Code to apply
Sections 186 to 193 of the Code shall apply in any cause or matter in the court.95. When a new trial may be granted
A new trial may be granted on the application of either party to the suit—96. Application when to be made
Application for a new trial must be made—97. Forgery, fraud or new evidence
Where a new trial is applied for on the grounds of forgery, fraud or new evidence, the period of three months mentioned in rule 96 shall only run from the day on which the forgery or fraud shall have been known or the new evidence discovered, provided that, in the last two cases, there is written proof of the day on which such fraud or new evidence shall have been discovered.98. Procedure to obtain new trial
99. Court may impose terms
The court may grant an order for a new trial on such terms, if any, as to costs and finding of security for the amount for which the judgment was given at the first trial, or such other terms as to the court may seem fit.100. Date for new trial
When a new trial if granted, the court shall fix a date for the hearing and the new trial shall proceed in all respects as if it had been a first trial:Provided that, if the adverse party does not appear on the return of the summons to show cause why a new trail should not be granted and an order is made granting the application, the court shall summon the adverse party to appear on the date fixed by the court for the new trial.101. Stay of execution
The court may grant a stay of execution pending the hearing of the new trial.102. What issues may be raised at trial
It shall not be competent for the applicant to raise any other issue at the trial except those alleged in his application for such new trial.103. Effect of judgment for the applicant
If, at the new trial, judgment be given in favour of the applicant, all sums of money paid under the first judgment shall be returned to the applicant and the parties shall be put back in the same position as if there had been no first trial, unless the court orders otherwise.104. No new trial of a new trial
Whenever an application for a new trial shall have been made and refused, or whenever a trial has been granted and adjudicated upon, it shall not be lawful for the same party to apply again for a new trial of the same suit or a new trial of such new trial.105. Procedure where new trial is ordered by Supreme Court
If, on appeal, a new trial be ordered by the Supreme Court, either party may file with the clerk the original judgment or order of the Supreme Court, or a copy of the formal judgment or order certified to be correct by the Registrar of the Supreme Court, and within one month after filling such judgment or order, such party shall apply to the court to fix a date for hearing of such new trial and a summons shall be issued to the adverse party to appear on the date fixed for the new trial and the trial shall then proceed in all respects as if it had been a first trial, subject however to any order made by the Supreme Court.Legal Aid
106. Legal Aid
Any person may on application to the court and in the courts entire discretion, be admitted to sue or defend as a pauper if the court is satisfied—107. Court may inquire before deciding application
The court may examine the applicant on oath or take such other evidence or make such inquiry as may be requisite to enable it to decide on the application.Where any person is admitted to sue or defend as a pauper, the court may assign an advocate to assist the person so admitted and an advocate so assigned shall not be at liberty to refuse his assistance unless he satisfies the court that he has some good reason for refusing. The court shall have the same discretionary powers to assign an advocate to assist a person who has been admitted to sue or defend as a pauper in the preparation of an appeal from any decision or order of the court.108. Assignment and remuneration of advocate
Where an advocate has been assigned to any person under the provisions of the last preceding rule, the remuneration of such advocate for the services for which he had been so assigned shall be of such amount and according to such scale as may be prescribed by rules of court.109. Fees of court
Where a person is admitted to sue or defend as a pauper he shall not be liable to pay any fees or court.110. Recovery of fees and remuneration
If the court orders any costs to be paid to any person admitted to sue or defend as a pauper all the fees which would have been paid by such person if he had not been admitted to sue or defend as a pauper and the remuneration paid or payable to the advocate if one has been assigned to such person, shall be deducted from the amount of the costs so ordered to be paid and shall be paid to the clerk for the benefit of the Republic and may be covered by the Attorney General in the same manner as if the order for costs had been made in favour of the Republic. Such costs may be taxed as in other cases.111. Advocate to sign process and disbursement
No process shall be served, and no application shall be presented, on behalf of any person admitted to sue or defend as a pauper, except for the discharge of his advocate, unless it is signed by his advocate, if any advocate has been assigned to him.No advocate shall be bound in any suit brought by or against paupers to make any disbursement of his own moneys.Of furnishing of security
112. When security may be required
The court may, on the application of the defendant, require the plaintiff to give security for costs in all cases in which under the Civil Code such security may be required and also when the plaintiff is known to be insolvent.113. Time within which security is to be furnished
Whenever a party to a suit shall have been ordered to furnish security, the court shall, by the same order, fix the time within which such security shall be furnished by such party and accepted or objected to by the other party.114. Notice of sureties offered
The party to a suit ordered to give security shall give notice to the other party or his advocate, of the persons intended to stand as sureties. Such notice shall state the names of the persons suggested as well as the means of such persons.115. Objections
If the surety is objected to, the matter shall be summarily dealt with by the court.Provisional seizure and attachment
118. Sections 280 to 287 of the Code shall apply
Forms
119. Forms
The forms set out in Schedule C of the Code shall be used with the necessary adaptations, modifications and exceptions for the respective purposes therein mentioned, in any cause or matter in the court.History of this document
01 December 2014 this version
Consolidation
01 December 1968
Commenced