Comparison View

Formal Consolidation |  2007 RevEd
Rules of Court
69.—(1)  The Rules Committee appointed under section 80(3) of the Supreme Court of Judicature Act (Cap. 322) may make Rules of Court regulating and prescribing the procedure and the practice to be followed in the District Courts and the Magistrates’ Courts in the exercise of their civil jurisdiction and any matters incidental to or relating to any such procedure or practice.
[4/96]
(2)  The power to make Rules of Court shall extend to all matters of procedure or practice, or matters relating to or concerning the effect or operation in law of any procedure or practice or the enforcement of judgments or orders, in any case within the cognizance of the District Courts and Magistrates’ Courts in the exercise of the civil jurisdiction as to which Rules of Court have been or might lawfully be made for cases within the cognizance of the High Court.
(3)  Without prejudice to the generality of subsections (1) and (2), the power to make Rules of Court shall extend to —
(a)prescribing the office or offices where process may be issued and business other than the hearing of proceedings transacted;
(b)prescribing the circumstances and procedure by which proceedings may be transferred from one court to another;
(c)prescribing what part of the business which may be transacted and of the jurisdiction and powers which may be exercised by a District Judge or Magistrate in court or in chambers may be transacted or exercised by the registrar (including provisions for and concerning appeals from decisions of the registrar);
(d)directing interest to be paid on debts, including judgment debts, or on sums found due in an administration action, provided that in no case shall any rate of interest exceed 8% per annum unless it has been otherwise agreed between parties;
(e)regulating the issue of judgment debtor summonses for the discovery of a judgment debtor’s property or means and the procedure and practice relating thereto and the making of orders against judgment debtors for the payment, by instalments or otherwise, of sums due under judgments and orders and the enforcement thereof by committal;
(f)requiring any party at whose instance —
(i)any writ of execution;
(ii)any order of arrest or committal;
(iii)any order of attachment of property; or
(iv)any order to bring up a prisoner as a witness,
is issued, to deposit from time to time a sum of money to provide for the expenses of executing the writ or order and of bringing the person to be arrested or the person ordered to be committed before the court or to prison and of his subsistence while in the custody of the bailiff or in prison and of keeping possession of the property attached;
(g)enabling proceedings —
(i)to be commenced in a subordinate court against the estate of a deceased person (whether by the appointment of a person to represent the estate or otherwise) where no grant of probate or letters of administration has been made;
(ii)purporting to have been commenced in a subordinate court by or against a person to be treated, if he was dead at their commencement, as having been commenced by or against, as the case may be, his estate whether or not a grant of probate or letters of administration was made before their commencement; and
(iii)commenced or treated as commenced in a subordinate court by or against the estate of a deceased person to be maintained (whether by substitution of parties, amendment or otherwise) by or against, as the case may be, a person appointed to represent the estate or, if a grant of probate or letters of administration is or has been made, by or against the personal representatives;
(h)prescribing the manner in which money in a court is to be dealt with and in particular —
(i)prescribing that money in court may be kept at a bank, to be approved by the Accountant-General, in the official name of the registrar;
(ii)regulating the manner in which the court’s bank account shall be operated;
(iii)requiring the registrar to pay from time to time to the Accountant-General or into the court’s bank account all moneys not required for meeting current demands and to pay to the Accountant-General all sums which have been in the court’s bank account for such period as may be prescribed; and
(i)prescribing the books, registers and accounts required to be kept by the registrar and bailiffs.
[15/93]
(4)  All Rules of Court made under this section shall be presented to Parliament as soon as possible after publication in the Gazette.
Informal Consolidation | Amended Act 5 of 2014
Rules of Court
69.—(1)  The Rules Committee appointed under section 80(3) of the Supreme Court of Judicature Act (Cap. 322) may make Rules of Court regulating and prescribing the procedure and the practice to be followed in the District Courts and the Magistrates’ Courts in the exercise of their civil jurisdiction and any matters incidental to or relating to any such procedure or practice.
[4/96]
(2)  The power to make Rules of Court shall extend to all matters of procedure or practice, or matters relating to or concerning the effect or operation in law of any procedure or practice or the enforcement of judgments or orders, in any case within the cognizance of the District Courts and Magistrates’ Courts in the exercise of the civil jurisdiction as to which Rules of Court have been or might lawfully be made for cases within the cognizance of the High Court.
(3)  Without prejudice to the generality of subsections (1) and (2), the power to make Rules of Court shall extend to —
(a)prescribing the office or offices where process may be issued and business other than the hearing of proceedings transacted;
(b)prescribing the circumstances and procedure by which proceedings may be transferred from one court to another;
(c)prescribing what part of the business which may be transacted and of the jurisdiction and powers which may be exercised by a District Judge or Magistrate in court or in chambers may be transacted or exercised by the registrar (including provisions for and concerning appeals from decisions of the registrar);
(d)directing interest to be paid on debts, including judgment debts, or on sums found due in an administration action, provided that in no case shall any rate of interest exceed 8% per annum unless it has been otherwise agreed between parties;
(e)regulating the issue of judgment debtor summonses for the discovery of a judgment debtor’s property or means and the procedure and practice relating thereto and the making of orders against judgment debtors for the payment, by instalments or otherwise, of sums due under judgments and orders and the enforcement thereof by committal;
(f)requiring any party at whose instance —
(i)any writ of execution;
(ii)any order of arrest or committal;
(iii)any order of attachment of property; or
(iv)any order to bring up a prisoner as a witness,
is issued, to deposit from time to time a sum of money to provide for the expenses of executing the writ or order and of bringing the person to be arrested or the person ordered to be committed before the court or to prison and of his subsistence while in the custody of the bailiff or in prison and of keeping possession of the property attached;
(g)enabling proceedings —
(i)to be commenced in a State Court against the estate of a deceased person (whether by the appointment of a person to represent the estate or otherwise) where no grant of probate or letters of administration has been made;
[Act 5 of 2014 wef 07/03/2014]
(ii)purporting to have been commenced in a State Court by or against a person to be treated, if he was dead at their commencement, as having been commenced by or against, as the case may be, his estate whether or not a grant of probate or letters of administration was made before their commencement; and
[Act 5 of 2014 wef 07/03/2014]
(iii)commenced or treated as commenced in a State Court by or against the estate of a deceased person to be maintained (whether by substitution of parties, amendment or otherwise) by or against, as the case may be, a person appointed to represent the estate or, if a grant of probate or letters of administration is or has been made, by or against the personal representatives;
[Act 5 of 2014 wef 07/03/2014]
(h)prescribing the manner in which money in a court is to be dealt with and in particular —
(i)prescribing that money in court may be kept at a bank, to be approved by the Accountant-General, in the official name of the registrar;
(ii)regulating the manner in which the court’s bank account shall be operated;
(iii)requiring the registrar to pay from time to time to the Accountant-General or into the court’s bank account all moneys not required for meeting current demands and to pay to the Accountant-General all sums which have been in the court’s bank account for such period as may be prescribed; and
(i)prescribing the books, registers and accounts required to be kept by the registrar and bailiffs.
[15/93]
(4)  All Rules of Court made under this section shall be presented to Parliament as soon as possible after publication in the Gazette.