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Vanuatu - Civil Procedure Rules 2002 |
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REPUBLIC OF VANUATU
COURTS ACT (CAP.122)
CIVIL PROCEDURE RULES
NO. 49 OF 2002
To provide for civil procedure rules and court fees.
The Judicial Committee makes the following Rules under section 30 of the Courts Act (Cap. 122).
1.1 Title.
1.3 Courts to apply overriding objective.
1.4 Courts’ duty to manage cases.
1.6 Application of these Rules.
1.7 Position if no provision in Rules.
1.8 Interpretation.
1.9 Forms.
2.2 How to start a proceeding.
2.3 Where to start a proceeding - Supreme Court.
2.4 Where to start a proceeding - Magistrates Court.
2.5 Change of district - Magistrate.
2.7 Applications during a proceeding.
PART 3 – PARTIES TO A PROCEEDING
3.1 Who can be a party to a proceeding.
3.2 Adding and removing parties.
3.3 Joining and separating claims.
3.4 Consolidating proceedings.
3.6 Amending documents after change of party.
3.8 Persons under a legal incapacity
3.10 Party becomes bankrupt, under a legal incapacity or dies during a proceeding.
PART 4 – STATEMENTS OF THE CASE
4.1 What are statements of the case.
4.2 Content of statements of the case.
4.7 Matters to be stated in a defence or reply.
4.9 Counterclaim against additional party.
4.11 Amendment of statement of the case.
4.13 Times for filing documents.
4.14 Late filing of documents.
5.2 Service of claim.
5.4 Address for service.
5.5 Service of other documents.
5.6 Time for serving other documents.
5.7 Late service of documents.
5.9 Substituted service.
5.10 Service on person under a legal incapacity.
5.11 Service relating to deceased estate.
5.12 Service on partnership.
5.13 Evidence of service.
5.14 Service outside Vanuatu.
5.15 Sealed copy.
6.2 Conferences.
6.3 First Conferences between parties.
6.6 Trial Preparation Conference.
6.7 Time for compliance with orders made at Conferences.
6.8 Effect of non-compliance with orders made at Conferences.
6.9 Agreed facts.
6.11 Conference not to be in open court.
PART 7 – INTERLOCUTORY MATTERS
7.1 What is an interlocutory order.
7.2 Applying for an interlocutory order during a proceeding.
7.4 Hearing of interlocutory application made during a proceeding.
7.5 Application for interlocutory order before a proceeding is started.
7.6 Urgent interlocutory applications.
7.8 Order to protect property (freezing order, formerly called a Mareva order).
7.9 Order to seize documents or objects (seizing order, formerly an Anton Pillar order).
Division 1 - Disclosure of Documents in the Supreme Court
8.1 Application of Division 1.
8.2 Duty to disclose documents.
8.3 Disclosure limited to documents within party’s control.
8.6 Mistaken disclosure of privileged document.
8.7 Inspecting and copying disclosed documents.
8.8 Duty of disclosure continuous.
8.9 Disclosure of specific documents.
8.10 Application to dispense with or limit disclosure.
8.12 Documents referred to in statements of the case.
8.13 Disclosure before proceedings start.
8.14 Disclosure by someone who is not a party.
8.15 Failure to disclose documents.
8.16 Use of disclosed documents.
8.17 Agreed bundle of documents
Division 2 - Disclosure of information
8.18 Application of Division 2.
8.20 Leave to ask written questions.
8.25 Failure to answer written questions.
Division 3 - Disclosure of documents, Magistrates Court
8.26 Application of Division 3
8.28 Disclosure of particular documents
PART 9 – ENDING A PROCEEDING EARLY
9.2 Default - claim for fixed amount.
9.3 Default - claim for damages.
9.4 Deciding the amount of damages.
9.5 Setting aside default judgment.
9.7 Offers of settlement, Supreme Court.
9.8 Settlement, Magistrates Court.
10.5 Content of mediation order.
10.11 Proceeding stayed during mediation.
10.12 Privileged information and documents.
11.1 Definition for this Part.
11.2 How to give evidence – Magistrates Court.
11.3 How to give evidence – Supreme Court.
11.4 Content of sworn statement.
11.5 Attachments and exhibits to sworn statement.
11.6 Service of sworn statement.
11.7 Use of sworn statement in proceedings.
11.8 Giving evidence by telephone, video or in other ways.
11.9 Giving evidence before trial.
11.10 Evidence by children.
11.11 Evidence by other vulnerable persons.
11.12 Expert witnesses.
11.13 Court-appointed experts.
11.14 Medical evidence.
11.15 Summons to give evidence and produce documents and objects.
11.16 Service of summons.
11.17 Travel expenses.
11.18 Producing documents or objects.
11.19 Failure to comply with summons.
11.20 Evidence taken in Vanuatu for use in proceedings outside Vanuatu.
11.21 Evidence taken outside Vanuatu for use in proceedings in Vanuatu.
12.1 Conduct of trial.
12.2 Trial in open court.
12.3 Adjournment.
12.4 Preliminary issues.
12.5 Court may hear evidence early.
12.6 Giving of evidence.
12.7 Referee.
12.8 Hearing of question of law only.
12.9 Failure to attend.
12.10 Re-opening a proceeding.
12.11 Judgment.
13.1 Judgment.
13.2 Time of giving judgment.
13.3 Filing of order.
13.4 Suspension of enforcement.
13.5 Enforcement of foreign judgments.
PART 14 – ENFORCEMENT OF JUDGMENTS AND ORDERS
14.1 Definitions for this Part.
14.2 Enforcement of judgments.
Division 2 - Enforcement of judgments to pay money (money orders)
14.3 Procedure after judgment for claimant - money orders.
14.6 Enforcement conference warrant.
14.7 Examination of enforcement debtor.
14.8 Amount recoverable on enforcement.
14.10 Suspension of enforcement.
Division 3 - Enforcement warrants generally (money orders)
14.11 Enforcement warrant.
14.12 Procedure.
14.13 Form of warrant.
14.14 Enforcement throughout Vanuatu.
14.15 Deceased enforcement debtor.
Division 4 - Enforcement warrant for seizure and sale of property
14.16 Property that may be seized under enforcement warrant.
14.17 Order of seizing and selling property.
14.18 Sale by public auction.
14.19 Advertising sale.
14.20 Postponing sale.
14.21 Accounting for proceeds of sale.
Division 5 - Enforcement warrants for redirection of debts and earnings
14.22 Debts that may be redirected.
14.23 Service of warrant.
14.24 Other debtor disputes liability.
14.25 Regular redirection of debts.
14.26 Service of warrant for regular redirection.
14.27 Payment under warrant.
14.28 Enforcement warrants for redirection of earnings.
14.29 Service of warrant for redirection of earnings.
14.30 Payment under warrant for redirection of earnings.
14.31 If person is not enforcement debtor's employer.
14.32 Setting aside an enforcement warrant for the regular redirection of debts or earnings
Division 6 - Other enforcement warrants for money orders
14.33 Enforcement warrants for charging orders.
14.34 Service of enforcement warrant charging property.
14.35 Effect of warrant.
14.36 Appointment of receivers.
Division 7 - Enforcement of non-money orders
14.37 Procedure after judgment for claimant – non-money orders.
14.38 Agreement about compliance.
14.39 Possession of customary land.
14.40 Suspension of enforcement.
14.41 Enforcement throughout Vanuatu.
14.42 Deceased enforcement debtor.
14.43 Issue and service of enforcement warrant.
14.45 Return of enforcement warrant.
14.46 Enforcement warrant for possession of land.
14.47 Enforcement warrant for delivery of goods.
14.48 Order to do or not do an act.
Division 8 - Claim by third party
14.49 Notice of claim.
14.50 Application by third party.
15.1 General provisions about costs.
15.2 When court may make order for costs.
15.5 Standard basis and indemnity basis for costs.
15.7 Amount of costs in Supreme Court.
15.8 Matters judge to take into account.
15.9 Proceeding brought in wrong court.
15.10 Particular provisions for costs in Magistrates Court.
15.11 Court to take into account offers to settle.
15.13 Extending or shortening time.
Division 2 - Security for costs
15.17 Security for costs ordinarily only in Supreme Court.
15.19 When court may order security for costs.
15.20 What court must consider.
15.21 How security is to be given.
15.22 Suspension or dismissal of proceedings.
15.23 Setting aside or varying order.
Division 3 - Costs for time wasted
15.26 Costs payable by lawyer for wasted proceeding.
15.27 Application for costs against lawyer.
PART 16 – PARTICULAR PROCEEDINGS
16.2 Application of the rest of these Rules to a proceeding under Part 16.
Division 2 - Claims for Release (Habeas Corpus)
16.3 Definitions for this Division
16.4 Claim for release (habeas corpus)
16.6 Service of claim.
16.7 Further hearing of claim.
Division 3 - Accounts and Enquiries
16.8 Definition for this Division.
16.10 Service of order.
16.11 Form and verification of account.
16.12 Filing and service of account.
16.13 Certificate of account.
16.14 Challenging the account.
Division 4 - Domestic Violence
16.15 Definitions for this Division.
16.16 Claim for domestic violence protection order.
16.20 Referral to Supreme Court.
Division 5 - Civil Claim in Criminal Proceeding
16.21 Civil claim against person charged with criminal offence.
Division 6 - Referring matters from Magistrates Court to Supreme Court
16.22 Referral of Constitutional issue or question of law.
Division 8 - Enforcement of decisions under the
Customary Land Tribunal Act16.24 Definitions for this Division.
Division 9 - Appeal from Magistrates Court
16.26 Definition for this Division.
Division 10 - Appeal from Island Court
16.33 Definition for this Division.
16.34 Appeal to the Supreme Court.
16.35 Appeal to the Magistrates Court.
17.3 Application of the rest of these Rules to judicial review.
17.4 Claim for judicial review.
17.8 Court to be satisfied of claimant’s case.
17.9 Orders the court may make.
18.1 Extending and shortening time.
18.10 Failure to comply with these Rules.
18.11 Failure to comply with an order.
18.13 Contempt in the hearing of the court.
18.14 Contempt by failing to comply with an order.
18.15 General form of warrant.
18.17 Commencement.
19.1 Interpretation.
19.2 Application of these Rules to new proceedings
19.3 Application of these Rules to continuing proceeding.
20.1 Definitions.
SCHEDULES
SCHEDULE 2 – COSTS, MAGISTRATES COURT
Request for default judgment - fixed amount
Request for default judgment - damages
Application to set aside default judgment
Application for summary judgment
Application for judgment - default after settlement
Certificate about telephone evidence
Summons to give evidence and produce documents
Enforcement warrant, money order
Enforcement warrant, non-money order
Application for enforcement warrant
Notice about redirection of earnings
Claim for domestic violence protection order
Sworn statement - domestic violence
Domestic violence protection order
Notice of beginning or ceasing to act
SCHEDULE 4 - FLOW CHARTS [PDF]
Enforcement of money order (Supreme Court and Magistrates Courts)
Enforcement of non-money order (Supreme Court and Magistrates Courts)
Supreme Court - Defended proceedings
Supreme Court - Undefended proceedings
Magistrate's Courts proceedings
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