Power to make rules of court

(1) Notwithstanding anything contained in the Summary Jurisdiction (Procedure) Act, the Inferior Courts Act, the District Courts (Procedure) Act, the Family Courts Act or any other law, save and except the Court of Appeal Act and the Caribbean Court of Justice Act, the Chief Justice may, by himself or with the concurrence of the other judges, from time to time make rules of court and issue practice directions under this Act for the following purposesCAP. 99. CAP. 94. CAP. 97. CAP. 93. CAP. 90. CAP. 92. (a) regulating and prescribing the procedure, including the method of pleading, and the practice to be followed in the Court in all civil and criminal causes and matters whatever in or with respect to which the Court has for the time being including the procedure and practice in interpleaders and the procedure and practice to be followed in the registry, the forms to be used, the fees of Court, the costs of attorneys-at-law, the duties of the officers of the Court and the powers of commissioners other than those conferred by this Act, and any matters incidental or relating to any such procedure or practice, including, but without prejudice to the generality of the foregoing provision, the manner in which, and the time within which, any applications which under this or any other Act are to be made to the Court shall be made; (b) regulating and prescribing the procedure on appeals from any inferior court or person to the Court or the Chief Justice and the procedure in connection with the transfer of proceedings from any inferior court to the (c) regulating, subject to this Act, the sittings of the Court and of the judges thereof, whether in Court or in chambers; 48 (d) prescribing what part of the business which may be transacted, and of the jurisdictions which may be exercised, by judges of the Court in chambers may be transacted or exercised by the Registrar or other officers of (e) regulating any matters relating to the costs of proceedings in the Court; (f) regulating and prescribing the procedure and practice to be followed in the Court in cases in which the procedure or practice is regulated by enactments in force immediately before the commencement of this Act or by the provisions of this Act re-enacting any such enactments; (g) repealing any enactments which relate to matters with respect to which rules are made under this section; (h) prescribing in what cases trials in the Court in the exercise of its civil jurisdiction are to be tried with a jury and in what cases they are to be tried without a jury; (i) regulating the means by which particular facts may be proved, and the mode in which evidence thereof may be given, in any proceedings or on any application in connection with, or at any stage of any Proclamation. (j) regulating or making provision with respect to any other matters which are now regulated, or with respect to which provision is now made, by the Supreme Court Rules, 1926, or any other rules of court made under any Supreme 49 Court Act hitherto in force, or any amendment thereof, or by any rules or regulations so in force with respect to practice and procedure in matrimonial causes and matters or with respect to applications and proceedings relating to legitimacy declarations; (k) regulating and prescribing the procedure to be followed for the use of prison video link in Inferior Courts and the Supreme Court, in all civil and criminal causes and matters; and (l) regulating and prescribing the practice, procedure and related matters to be followed in Inferior Courts and the Supreme Court, in all civil and criminal causes and matters, to protect the health and safety of court staff and the public. (2) No rule of court which may involve an increase of expenditure out of public funds shall be made except with the concurrence of the National Assembly but the validity of a rule of court shall not in any proceedings in the Court be called in question either by the Court or by any party to the proceedings on the ground only that it was a rule to which the concurrence of the National Assembly was necessary and that the National Assembly did not concur or is not expressed to have concurred in the making thereof. (3) Rules of court made under this section shall apply to all proceedings by or against the State. (4) Wherever in any Act it is provided that rules of court may be made for any purpose or that any practice and procedure shall be regulated by “rules of court”, such rules of court shall be made by the rule-making authority established under, and in accordance with, this section. 50 (5) No such rules or orders shall have any force or effect until the same are laid before and approved by the Minister, and subject to negative resolution by the National Assembly, they shall come into operation on such day as may be provided in such rules and orders or, if not so provided, on such day as the Minister may by Order appoint. (6) All such rules and orders shall be laid before the National Assembly within ten days next after the same are approved or, if the National Assembly is not then sitting, at the first session thereof following approval of such rules and orders. Rules, 1926.