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Nauru Sessional Legislation |
REPUBLIC OF NAURU
CIVIL PROCEDURE ACT 1972
CIVIL PROCEDURE (COSTS) RULES 1982
In exercise of the powers
conferred on me by section 76 of the Civil Procedure Act 1972, I hereby make the
following Rules
-
TITLE
1. These Rules may be cited as the Civil Procedure (Costs) Rules 1982.
SCALE OF
COSTS
2. For the purpose of Order
40, Rule 2 of the Rules of Court set out in the Schedule to the Civil Procedure
Rules 1972, the scales
of costs of barristers and solicitors for their
professional service for proceedings in the Supreme Court and the District Court
are those set out in the Schedule to these Rules; and the scale of costs of
pleader for their professional services in such proceedings
shall be the same as
that scale, save that, where a minimum amount and a maximum amount is shown in
that scale for any item, the
maximum amount for that item in the scale of costs
of pleaders shal1 be one half of the maximum amount shown in the scale of costs
of barristers and solicitors.
Made
this 9th day of November, 1982.
I. R. Thompson
CHIEF JUSTICE.
______
SCHEDULE
(RULE 2)
|
Item
|
District
Court
|
Supreme
Court
|
|
|
$
|
$
|
||
|
1.
|
Drawing, issuing, filing and
service on one party of writ of summons (including statement of claim indorsed
thereon), originating
summons, notice of originating motion, third party
notice
|
10-25
|
10-40
|
|
|
|
|
|
|
2.
|
Issue and service on one
party of concurrent writ of summons or originating summons.
|
3
|
3
|
|
|
|
|
|
|
|
(Note to Items 1 and
2)
Reference in these items to service on one party of a writ of summons shall, in relation to a writ of summons issued in an Admiralty action in rem, be construed as references to service of the writ on a ship or on a registrar, as the circumstances of the case require.) |
|
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|
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3.
|
Renewing writ of summons
issued -
|
|
|
|
|
|
|
|
|
|
(a) in Admiralty action .............................. |
-
|
10-20
|
|
|
|
|
|
|
|
(b) in any other action .............................. |
6
|
6
|
|
|
|
|
|
|
|
including drawing and filing
affidavit, attending on application for renewal and obtaining
order.
|
|
|
|
|
|
|
|
|
4.
|
Drawing, presenting, filing
and service on one party of any petition
|
-
|
5-10
|
|
|
|
|
|
|
5.
|
Drawing, issuing, filing and
service on one party of any motion.
|
3-6
3-6 |
3-10
3-10 |
|
|
|
|
|
|
6.
|
Drawing, filing and service
on one party of statement of claim (if not indorsed on writ), or other
pleading.
|
5-10
|
5-20
|
|
|
|
|
|
|
7.
|
Drawing, filing and service
on one party of particulars of pleading and drawing and service on one party of
request for such particulars.
|
3-10
|
3-20
|
|
|
|
|
|
|
8.
|
Drawing amendment of
document referred to in item 1, 4, 5 or 6 and service on one party of amended
document
|
3-6
|
3-10
|
|
|
|
|
|
|
9.
|
Drawing notice of writ of
summons for service out of the jurisdiction
|
3
|
-
|
|
|
|
|
|
|
10.
|
Drawing any document,
attending on any application and doing any other work necessary to obtain
-
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|
(a) order for substituted service of any document; |
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(b) order giving leave to serve any document out of the jurisdiction, |
Discretionary
|
Discretionary
|
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|
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|
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|
and obtaining
order
|
|
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11.
|
Drawing, issuing, filing and
service on one party of summons -
|
|
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|
|
(a) to proceed under a judgement or order........ |
5
|
5
|
|
|
|
|
|
|
|
(b) for order in terms of annexed minutes......... |
5
|
5
|
|
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|
|
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|
(c) to extend time..................................... |
5
|
5
|
|
|
|
|
|
|
12.
|
Drawing, issuing, filing and
service on one party of summons for directions -
|
|
|
|
|
|
|
|
|
|
(a) in Admiralty action.............................. |
-
|
Discretionary
|
|
|
|
|
|
|
|
(b) in any other action............................... |
3-6
|
3-10
|
|
|
|
|
|
|
13.
|
Drawing, issuing, filing and
service on one party of summons to attend at chambers (other than summons
referred to item 11 or 12)
|
3-6
|
3-10
|
|
|
|
|
|
|
14.
|
Drawing brief on an
interlocutor application or on further consideration thereof including copy for
counsel
|
3-15
|
3-130
|
|
|
|
|
|
|
15.
|
Attending to obtain
appointment for hearing before judge, registrar or magistrate
|
3
|
3
|
|
|
|
|
|
|
16.
|
Attending to deliver papers
required for use of judge, registrar or magistrate in chambers
|
3
|
3
|
|
|
|
|
|
|
17.
|
Attending hearing of summons
or application in chambers
|
3-30
per day
|
3-50
per day
|
|
|
|
|
|
|
18.
|
Attending to draw up and
enter any order
|
3
|
5
|
|
|
|
|
|
|
19.
|
Drawing, filing and service
of -
|
|
|
|
|
|
|
|
|
|
(a) affidavit of documents or list of documents.. |
|
|
|
|
|
|
|
|
|
(b) interrogatories for examination of a party.... |
10-25
|
10-40
|
|
|
|
|
|
|
|
(c) affidavit in answer to interrogatories – including, when appropriate, attending deponent to be sworn and copy for service. |
|
|
|
|
|
|
|
|
20.
|
Attending to inspect, or
produce for inspection, documents production of which for inspection is required
by order of the Court or
by virtue of any provision of Order 21 -
|
|
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|
|
|
|
|
|
|
for the first hour or part of an hour................. |
5-10
|
5-10
|
|
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|
|
|
|
|
for every subsequent half hour or part there...... |
2.5-5
|
2.5-5
|
|
|
|
|
|
|
21.
|
Drawing and issue of witness
summons including filing of application and attending to obtain
summons
|
2
|
2
|
|
|
|
|
|
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22.
|
Drawing and service of
notice -
|
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(a) to produce for inspection document referred to in pleading or affidavit........................... |
3
|
3
|
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(b) to produce document at trial or hearing....... |
3
|
3
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(c) to admit any document or fact,.................. |
3
|
3
|
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including copy for
service.
|
|
|
|
|
|
|
|
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23.
|
Instructions for trial or
hearing of any cause or matter, whatever the mode of trial or
hearing
|
Discretionary
|
Discretionary
|
|
|
|
|
|
|
24.
|
Instructions for appeal from
an interlocutory or final order or judgement.
|
Discretionary
|
Discretionary
|
|
|
|
|
|
|
|
(Note to Items 23 and
24
These items are intended to cover the doing of any work, not otherwise provided for, necessarily or properly done in preparing for a trial, hearing or appeal, or before a settlement of the matters in dispute, including - |
|
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(a) taking instructions to sue, defend, counter-claim or appeal, or for any pleading, particulars of pleading or affidavit; |
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(b) considering the facts and law; |
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(c) attending on and corresponding with client; |
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(d) interviewing and corresponding with witnesses and potential witnesses and taking proofs of their evidence; |
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(e) arranging to obtain reports or advice from experts and plants, photographs and models; |
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(f) making search in any registry and elsewhere for relevant documents; |
|
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(g) inspecting any property or place material to the proceedings; |
|
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(h) perusing pleadings, affidavits and other relevant documents; |
|
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(i) where the cause or matter does not proceed to trial or hearing, work done in connection with the negotiation of a settlement; and |
|
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|
|
(j) the general care and conduct of the proceedings.) |
|
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25.
|
Attendance before Court to
argue case on hearing
|
Discretionary
|
Discretionary
|
|
|
|
|
|
|
26.
|
Drawing instructions to
counsel to advise in writing or in conference including copy for
counsel..................
|
4-20
|
4-40
|
|
|
|
|
|
|
27.
|
Attending counsel in
conference............................
|
5-10
|
5-10
|
|
|
|
|
|
|
|
And for every half hour
beyond the first...................
|
2.5-5
|
2.5-5
|
|
|
|
|
|
|
|
(Note to Item
27
This item includes attending to make appointment for conference.) |
|
|
|
|
|
|
|
|
28.
|
Drawing brief with
observations to counsel and proof of evidence, per each 100 words
|
0.50
|
0.50
|
|
|
|
|
|
|
29.
|
Attending to obtain
appointment to examine witness and on examination of witness before any
commissioner, officer of the Court or
other person appointed to examine him or
under Order 48, Rule 30.
|
10-40
per day
|
10-50
per day
|
|
|
|
|
|
|
30.
|
Attending at Court for
purpose of -
|
|
|
|
|
|
|
|
|
|
(a) any application relating to or consequent on trial or hearing of a cause or matter............... |
5-25
|
5-40
|
|
|
|
|
|
|
|
(b) trial or hearing of a cause or matter, otherwise than to argue case, for each day - |
|
|
|
|
|
|
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|
|
(i) on which cause or matter is included in list of causes or matters to be tried or heard but on which trial or hearing is not begun......................................... |
5-10
|
5-10
|
|
|
|
|
|
|
|
(ii) of trial or hearing....................... |
10-40
|
10-50
|
|
|
|
|
|
|
|
(c) hearing deferred judgment..................... |
5
|
5
|
|
|
|
|
|
|
31.
|
Attending to obtain
certificate of Registrar or magistrate, drawing, and attending to enter,
judgment.......................................................
|
5
|
5
|
|
|
|
|
|
|
32.
|
Drawing bill of costs
(including copy for Registrar), per 100 words
|
0.50
|
0.50
|
|
|
|
|
|
|
33.
|
Attending taxation,
completing bill of costs, producing vouchers for disbursements and attending to
obtain taxing officer's certificate
or order
|
10-30
|
10-50
|
|
|
|
|
|
|
34.
|
Drawing objections to
decision of taxing officer on taxation, or answers to objections, including
copies for service and filing, delivery
to one party of such objections or
answers and attending hearing of review by taxing officer
|
10-30
|
10-50
|
|
|
|
|
|
|
35.
|
Drawing application for
enforcement under Order 36 Rule 1
|
2
|
2
|
|
|
|
|
|
|
36.
|
Attending upon hearing of
application for enforcement made under Order 36 Rule 1
|
5
|
5
|
|
|
|
|
|
|
37.
|
Drawing any process for
enforcement or judgment or under
|
5
|
5
|
|
|
|
|
|
|
38.
|
Attending to obtain
-
|
|
|
|
|
|
|
|
|
|
(a) consent of person to act as next friend or guardian ad litem and consent or approval of any other interested party........................... |
5-10
|
5-10
|
|
|
|
|
|
|
|
(b) any other consent................................ |
3
|
3
|
|
|
|
|
|
|
39.
|
Attending to give
consent
|
3
|
3
|
|
|
|
|
|
|
40.
|
Attending to enter
appearance..............................
|
3
|
3
|
|
|
|
|
|
|
|
If appearance entered for
more than one person at the same time, for each additional person
.....................
|
1
|
1
|
|
|
|
|
|
|
|
(Note to item
40
|
|
|
|
|
This item includes copy and service of notice of appearance.) |
|
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|
|
|
|
41.
|
Attending to search
-
|
|
|
|
|
|
|
|
|
|
(a) for appearance.................................... |
2
|
2
|
|
|
|
|
|
|
|
(b) for appearance and to obtain certificate of non-appearance....................................... |
3
|
3
|
|
|
|
|
|
|
42.
|
Attending at court registry
to file any document
|
2
|
2
|
|
|
|
|
|
|
43.
|
Attending at court registry
to bespeak or search for affidavit
|
2
|
2
|
|
|
|
|
|
|
44.
|
Attending to enter order
amending record by striking out or adding a party or consolidating causes or
matters
|
2
|
2
|
|
|
|
|
|
|
45.
|
Attending to -
|
|
|
|
|
|
|
|
|
|
(a) set down action, summons or appeal for trial or hearing.............................................. |
2
|
2
|
|
|
|
|
|
|
|
(b) enter special case, or set down point of law, for argument.......................................... |
2
|
2
|
|
|
|
|
|
|
46.
|
Attending on the appropriate
officer to certify that cause or matter set down for trial or hearing is settled
or is for any other
reason not to be included in list for trial or
hearing.
|
2
|
2
|
|
|
|
|
|
|
47.
|
Attending on a deponent
swearing any affidavit other than an affidavit of service.
|
2
|
2
|
|
|
|
|
|
|
48.
|
Attending to search for and
obtain certificates of birth, marriage or death, for every 3 certificates
obtained at the same registry
at the same time
|
2
|
2
|
|
|
|
|
|
|
49.
|
Attending to make a general
search for certificates of birth, marriage or death, per hour
|
5
|
5
|
|
|
|
|
|
|
50.
|
Attendance not provided for
or allowed under any other item
|
2
|
2
|
|
|
|
|
|
|
51.
|
Drawing case for opinion of
counsel before initiation of proceedings
|
6-30
|
6-50
|
|
|
|
|
|
|
52.
|
Drawing affidavit of
service
|
3
|
3
|
|
|
|
|
|
|
53.
|
Drawing any other affidavit,
per 100 words
|
0.50
|
0.50
|
|
|
|
|
|
|
54.
|
Drawing any notice for
service or any request under Order 5 Rule 5 (3)
|
2
|
2
|
|
|
|
|
|
|
55.
|
Writing letters not included
under any other item
|
3
|
3
|
|
|
|
|
|
|
56.
|
Perusing any document not
provided for or allowed under any other item, per 100 words
|
0.20
|
0.20
|
|
|
|
|
|
|
57.
|
Service of any document,
unless claimed as disbursement
|
2
|
2
|
|
|
|
|
|
|
58.
|
Procuring issue and service
of warrant of arrest in an Admiralty cause or matter
|
-
|
25
|
|
|
|
|
|
|
|
(Note to Item
58
This item includes procuring the warrant, affidavits and other documents required in connection with the issue and service of the warrant and any attendances required to procure its issue and service, the swearing of any such affidavit and the filing of any such document.) |
|
|
|
|
|
|
|
|
59.
|
Procuring issue of
instrument of release under Order 48, Rule 13
|
-
|
25
|
|
|
|
|
|
|
|
(Note to Item
59
This item includes drawing the instrument and other documents required in connection with the issue of the instrument, obtaining any consent so required and any attendances required to procure the issue of the instrument and the filing of any such document.) |
|
|
|
|
|
|
|
|
60.
|
Procuring entry, renewal or
withdrawal of caveat against the issue of a warrant, the release of property or
the payment of money out
of Court in an Admiralty cause or matter.
|
-
|
5
|
|
|
|
|
|
|
|
(Note to Item
60
This item includes drawing and filing any document required to procure the entry, renewal or withdrawal and any attendances so required.) |
|
|
|
|
|
|
|
|
61.
|
Giving bail in an Admiralty
cause or matter –
|
|
|
|
|
|
|
|
|
|
(a) one surety.......................................... |
-
|
30
|
|
|
|
|
|
|
|
(b) two sureties....................................... |
-
|
35
|
|
|
|
|
|
|
|
(Note to item
61
This item includes drawing the bail bond, affidavits and other documents require in connection with the giving of bail and any attendances required to procure the signing of bond, the swearing of any such affidavit and the filing and service of any such document.) |
|
|
|
|
|
|
|
|
62.
|
Giving guarantee or
undertaking in lieu of bail in an Admiralty cause or matter
|
-
|
20
|
|
|
|
|
|
|
|
(Note to Items 61 and
62
This item includes preparing the guarantee or undertaking and any attendances required to procure the signing and stamping thereof.) |
|
|
|
|
|
|
|
|
|
(Note to Items 61 and
62)
The commission or fee paid to a person becoming surety to a bail bond or giving a guarantee or undertaking in lieu of bail, not exceeding $1.00 per cent, of the amount for which the bond, guarantee or undertaking is given, shall be allowed on taxation.) |
|
|
|
|
|
|
|
|
63.
|
Obtaining bail in an
Admiralty cause or matter
|
-
|
15
|
|
|
|
|
|
|
64.
|
Obtaining -
|
|
|
|
|
|
|
|
|
|
(a) guarantee in lieu of bail ........................ |
-
|
15
|
|
|
|
|
|
|
|
(b) undertaking in lieu of bail...................... |
-
|
10
|
|
|
|
|
|
|
|
(Note to Item
64
This item includes perusing the guarantee or undertaking and other relevant documents.) |
|
|
|
|
|
|
|
|
65.
|
Procuring the issue and
execution of commission of appraisement or of appraisement and sale
|
-
|
15
|
|
|
|
|
|
|
|
(Note to item
65
This item includes drawing and filing any document required in connection with the issue and execution of the commission and any attendances so required.) |
|
|
|
|
|
|
|
|
66.
|
Negotiating agreement under
Order 48, Rule 33
|
-
|
5-20
|
|
|
|
|
|
|
|
(Note to Item
66
This item includes taking instructions in connection with the agreement, drawing and filing the agreement and any attendances required in connection with the negotiation, making and filing of the agreement.) |
|
|
|
|
|
|
|
|
67.
|
Negotiating agreement with
respect to amount of damages, interest or other sums payable by opposite
party
|
-
|
Discretionary
|
|
|
|
|
|
|
|
(Note to Item
67
This item includes any attendances and other work done in connection with the calculation of, and in obtaining agreement as to, the amount payable.) |
|
|
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