SUPREME COURT OF JAMAICA CIVIL PROCEDURE RULES 2002

1 ISUPREME COURT OF JAMAICACIVIL PROCEDURE RULES 2002 CIVIL PROCEDURE RULES - 20002iiiiiSUPREME COURT OF JAMAICACIVIL PROCEDURE RULES2002 Published on behalf of the Government of JAMAICA byThe Caribbean Law Publishing Company LimitedKingston, JamaicaREVISED, AS AT SEPTEMBER 18, 2006 CIVIL PROCEDURE RULES - 20002ivFirst published in JAMAICA 2002 byThe Caribbean Law Publishing Company11 Cunningham AvenuePO Box 686 Kingston 6 Revised 2006 The Government of JamaicaAll rights reserved. No part of this publication may be reproduced,stored in a retrieval system, or transmitted in any form or by anymeans electronic, photocopying, recording or otherwise withoutthe prior permission of the Government of 976-8167-47-5A catalogue of record of this book is available from theNational Library of JamaicaTypeset by Shelly-Gail FolkesSet in Stone Informal 10ptPrinted in the United States of AmericavThe Judicature ( RULES of COURT ) Act[The CIVIL PROCEDURE RULES 2002]In exercise of the powers conferred upon the RULES Committee of theSupreme COURT by Section 4 of the Judicature ( RULES of COURT ) Act, the followingRules are hereby made.

2 CIVIL PROCEDURE RULES , RULES may be cited as the CIVIL PROCEDURE RULES , 2002, and shallcome into operation, subject to the transitional provisions contained inpart 73, on January 1, RULES of COURT relating to the PROCEDURE in CIVIL proceedings in theSupreme COURT , save for those relating to insolvency (including windingup of Companies and bankruptcy), and matrimonial proceedings arehereby 16, 2002 CIVIL PROCEDURE RULES - 20002viviiContentsTABLE OF CONTENTSF ormal ApprovalPrefacePart 1 -The Overriding Objective1 Rule overriding objective1 Rule of overriding objective by the court1 Rule of parties1 Part 2 -Application and Interpretationof these Rules2 Rule and commencement2 Rule of these Rules2 Rule of Interpretation Act3 Rule may exercise the powers of the court5 Rule staff6 Rule 's discretion as to where, when and how it deals with cases6 Part 3 -Time.

3 Documents8 Rule - COURT to state calendar date8 Rule - computation8 Rule in vacations10 Rule - vacations10 Rule of documents11 Rule and service by FA X12 Rule of documents issued by court12 Rule of case - address for service13 Rule of case - certificate of truth13 Rule to give certificate of truth14 Rule to inspect etc certain documents filed in COURT office14 CIVIL PROCEDURE RULES - 2002viiiPart 4 -Practice Directions16 Rule may issue practice directions16 Rule of practice directions16 Rule of practice directions16 Rule from which practice directions take effect16 Rule with practice directions17 Part 5 -Service of Claim Form within Jurisdiction18 Rule of claim form, normal method18 Rule of claim to be served with claim form19 Rule of personal service19 Rule place of service19 Rule of personal service19 Rule on attorney-at-law20 Rule on limited company20 Rule on firm or partnership21 Rule on body corporate21 Rule on minors and patients21 Rule of postal service22 Rule of service by FA X22 Rule method of service23 Rule of COURT to make order for service by specified method24 Rule of service by specified method24 Rule of claim form by contractually agreed method24 Rule of claim form on agent of principal who is out of jurisdiction24 Rule of claim for possession of vacant land25 Rule date of service26 Part 6 -Service of other Documents27 Rule is to serve documents other

4 Than claim form27 Rule of service27 Rule for serving such documents28 Rule for serving documents where no address for service is given28 Rule of documents on person who is not a party29ixContentsRule date of service29 Rule of service30 Rule of COURT to dispense with service30 Part 7 -Service of COURT Process out of Jurisdiction 31 Rule of this Part31 Rule rule as to service of claim form out of jurisdiction32 Rule of claim form out of jurisdiction in specified proceedings32 Rule which include other types of claim35 Rule to serve claim form out of jurisdiction35 Rule of service and defence where claim form served out of jurisdiction36 Rule to set aside service under Rule of service of claim form -general provisions37 Rule of claim form through foreign governments where claim form is to be served through foreign governments of claim form on State where COURT permits service out of jurisdiction39 Rule of claim form40 Rule to be responsible for expenses of Minister with responsibility for foreign affairs41 Rule of COURT process other than claim form41 Rule of service41 Part 8 -How to Start Proceedings42 Rule Claimant - how to start proceedings42 Rule of claim to be issued and served with claim form43 Rule to make claim which includes two or more claims44 Rule not to fail by adding or failing to add parties45 Rule RULES about parties in claims for wrongful interference with goods45 Rule judgment45 CIVIL PROCEDURE

5 RULES - 2002xRule must be included in claim form46 Rule of fixed date claim form47 Rule 's duty to set out case47 Rule of not setting out claim47 Rule of value (small claims)48 Rule requirements relating to claims for personal injuries48 Rule claims48 Rule of claim form48 Rule within which claim form may be served49 Rule of time for serving claim form49 Rule form etc., must be served with claim form50 Part 9 -Acknowledgment of Service andNotice of Intention to Defend51 Rule of this Part51 Rule acknowledgment of service and consequence of not doing so51 Rule period for filing acknowledgment of service52 Rule of acknowledgment of service52 Rule to dispute the jurisdiction of COURT not taken away by acknowledgment of service53 Rule for disputing COURT 's jurisdiction.

6 10 -Defence55 Rule of this Part55 Rule defendant - filing defence and consequences of not doing so55 Rule period for filing defence56 Rule of copy of defence57 Rule 's duty to set out case57 Rule requirements applying to claims for personal injuries58 Rule of not setting out defence58 Rule of tender58 Rule to defence59xiContentsPart 11 -General RULES about Applicationsfor COURT Orders60 Rule of this Part60 Rule and respondents61 Rule to be dealt with at case management conference61 Rule when application is made61 Rule to make application61 Rule to be in writing62 Rule application must include62 Rule of application62 Rule in support of application62 Rule of notice of application63 Rule of notice of application63 Rule of COURT in relation to conduct of application64 Rule of not asking for order in application64 Rule which may be dealt with without hearing 64 Rule of application where order made on application made without notice65 Rule to set aside or vary order made on application made without notice65 Rule of COURT to proceed in absence of party65 Rule to set aside order made in absence of party65 Part 12 -Default Judgments66 Rule of this Part66 Rule where default judgment may not be obtained66 Rule where permission required67 Rule to be satisfied - judgment for failure to file acknowledgment of service68 Rule to be satisfied - judgment for failure to defend68 Rule of part - request for time to pay69 Rule

7 For specified sum of money70 Rule against more than one defendant70 Rule of default judgment71 CIVIL PROCEDURE RULES - 2002xiiRule 's rights following default judgment72 Part 13 -Setting Aside or VaryingDefault Judgment73 Rule of this Part73 Rule where COURT must set aside default judgment73 Rule where COURT may set aside or vary default judgment74 Rule to vary or set aside default judgment - procedure74 Rule to impose condition as to filing of defence74 Rule to be treated as case management conference74 Rule claims to be restored if judgment set aside75 Part 14 -Judgment on Admissions76 Rule an admission76 Rule where party a minor or patient78 Rule by notice in writing -application for judgment78 Rule in whole or in part of money claim78 Rule of whole of claim for specified sum of money78 Rule of part of claim for money only79 Rule of liability to pay whole of claim for unspecified sum of money80 Rule for time to pay80 Rule for time to pay - PROCEDURE where time and rate agreed81 Rule for time to pay - PROCEDURE where time and rate not agreed81 Rule to re-determination82 Rule of order82xiiiContentsPart 15 -Summary Judgment83 Rule of this Part83 Rule for summary judgment83 Rule of proceedings for which summary judgment is not available83 Rule for purposes of summary judgment hearing84 Rule of the COURT on application for summary judgment85 Part 16 -Assessment of Damages86 Rule of this Part86 Rule of damages

8 After default judgment86 Rule of damages after admission of liability on claim for unspecified sum of money87 Rule of damages after a direction for trial of issue of quantum88 Part 17 -Interim Remedies89 Rule for interim remedies89 Rule when order for interim remedy may be made91 Rule to apply for interim remedy91 Rule injunctions and similar orders92 Rule payments - general procedure93 Rule payments - conditions to be satisfied and matters to be taken into account93 Rule of payment95 Rule of interim payment95 Rule of COURT where it has made order for interim payment95 Rule of COURT to order early trial96 Part 18 -Ancillary Claims97 Rule of this Part97 Rule claim to be treated as claim for purposes of these Rules98 Rule 's claim for contribution or indemnity from co-defendant99 CIVIL PROCEDURE RULES - 2002xivRule other defendants to counterclaim99 Rule for making ancillary claim99 Rule of ancillary claim form100 Rule may survive claim100 Rule to ancillary claim100 Rule relevant to the question whether an ancillary claim should be dealt with separately from main claim101 Rule of service of ancillary claim form101 Rule provisions relating to judgment on failure to file defence to ancillary claim102 Rule steps on service of ancillary claim form on person who is not party102 Rule management where there is defence to ancillary claim103 Part 19 -Addition and Substitution of Parties104 Rule of this Part104 Rule of parties - general104

9 Rule for adding and substituting parties105 Rule provisions about adding or substituting parties after end of relevant limitation period106 Part 20 -Amendments to Statements of Case107 Rule to statements of case without permission107 Rule of COURT to disallow amendments made without permission107 Rule amendments108 Rule to statements of case with permission108 Rule on amendment108 Rule to statements of case after end of relevant limitation period108 Part 21 -Representative Parties110 Rule claimants and defendants - general110 Rule of representative claimant or defendant - procedure111 Rule of order appointing representative party 111xvContentsRule of persons who cannot be ascertained, etc. in proceedings about estates, trusts and construction of written instruments112 Rule in proceedings to which rule applies 113 Rule of beneficiaries by trustees113 Rule against estate of deceased person114 Rule of COURT to give directions to enable proceedings to be carried on after party's death