High Court Rules of Botswana

CHAPTER 04:02 - HIGH COURT: SUBSIDIARY LEGISLATION INDEX TO SUBSIDIARY LEGISLATION Rules of the High Court RULES OF THE HIGH COURT (section 28) (19th May, 2008) ARRANGEMENT OF ORDER OF RULES ORDER 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. Application and interpretation General forms of process, fees, etc Duties of Registrar Advocates and Attorneys: warrants to sue
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    Copyright Government of Botswana   CHAPTER 04:02 - HIGH COURT: SUBSIDIARY LEGISLATIONINDEX TO SUBSIDIARY LEGISLATION Rules of the High Court RULES OF THE HIGH COURT ( section 28  )( 19th May, 2008  ) ARRANGEMENT OF ORDER OF RULESORDER1. Application and interpretation2. General forms of process, fees, etc3. Duties of Registrar4. Advocates and Attorneys: warrants to sue and defend5. Effect of non-compliance6. Originating Process7. Disability8. Service of summons, writs, notices and other documents9. Entry of appearance to summons10. Edictal citation11. Renewal of srcinating process12. Petitions and applications13. Affidavits and depositions14. Provisional sentence15. Arrest of defendant16. Joinder of parties and consolidation of actions17. Third party procedure18. Proceedings by or against partnerships and associations19. Change of parties20. Pleading generally21. Close of pleadings22. Entry for trial23. Dismissal for want of prosecution24. Declaration25. Plea and claim in reconvention26. Replication to plea in reconvention27. Deleted28. Application for directions29. Judgment by consent30. Judgment in default of appearance31. Deleted32. Amendment of pleadings33. Irregular proceedings34. Summary judgment35. Special cases and adjudication on point of law36. Assessment of damages37. Inquiries and accounts38. Payment into court39. Discovery, inspection and production of documents40. Admissions41. Inspection, examinations and expert testimony42. Case management: allocation of cases and case management conferences43. Set down of defended actions, motions and petitions44. Procuring evidence for trial45. Civil trials46. Poor litigants    Copyright Government of Botswana   47. Withdrawal, settlement, postponement and abandonment48. Variation and rescission of orders49. Matrimonial causes50. Entering judgment in default51. Drawing up of judgments and orders52. Execution53. Imprisonment for debt54. Discovery in aid of execution55. Garnishee proceedings56. Contempt of court57. Security for costs58. Review of taxation59. Civil appeals from magistrates’ court and other bodies or persons60. Appeals in criminal cases from subordinate courts to the High Court61. Reviews62. Criminal proceedings: circuit court63. De Lunatico Inquirendo  , appointment of curators in respect of persons under disabilityand release from curatorship64. Interpleader65. Sworn translators66. Interpretation of evidence67. Inspection of records68. Criminal trials69. Superannuation70. Enforcement of protective provisions under section 18 of the Constitution71. Computation of time72. Tariff of Deputy-Sheriff fees73. Advocates’ fees in civil matters74. Taxation and tariff of fees of attorneys75. Allowances payable to assessors76. Tariff of allowances payable to witnesses in civil proceedings in the High Court77. Law terms and vacations78. Trade Unions and Employers’ Organizations Rules79. Paper and printingFirst ScheduleSecond ScheduleThird ScheduleFourth Schedule S.I. 115, 1969,S.I. 117, 1969,S.I. 98, 1970,S.I. 65, 1971,S.I. 80, 1971,S.I. 123, 1971,S.I. 82, 1972,S.I. 79, 1975,S.I. 21, 1982,S.I. 66, 1982,S.I. 121, 1982,S.I. 61, 1985,S.I. 16, 1986,S.I. 89, 1986,    Copyright Government of Botswana   S.I. 58, 1989,S.I. 65, 1989,S.I. 7, 1991,S.I. 116, 2004,S.I. 41, 2005,S.I. 73, 2006,S.I. 40, 2008,S.I. 24, 2009. ORDER 1APPLICATION AND INTERPRETATION1. These Orders and Rules may be cited as the Rules of the High Court. 2. Application of these Rules shall be directed towards the achievement of a just,efficient and speedy dispensation of justice. 3. In these Rules, unless the context leads to a repugnant result— action means a civil proceeding commenced in such manner as may be prescribed,but does not include a criminal proceeding by the State; advocate means an advocate duly admitted and still enrolled on the Roll of LegalPractitioners under section 13 of the Legal Practitioners Act and a foreign advocate admittedto practise under section 7 of the Legal Practitioners Act; attorney means an attorney duly admitted and still enrolled on the Roll of LegalPractitioners under section 13 of the Legal Practitioners Act; cause includes any action, suit or other srcinal proceeding and any criminalproceeding; counsel means an advocate or an attorney; court means a judge sitting in open court; court day means any day other than a Saturday, Sunday or any day which is a publicholiday under the Public Holidays Act; defendant includes a defendant to a counterclaim; deliver means file the srcinal with the Registrar and serve copies bearing theRegistrar’s date stamp on all parties; Form means a form set out in the First Schedule to these Rules; judge means the judge to whom a cause has been allocated under Order 42, sitting inopen court or in chambers; judgment includes decree; judicial division means a division of the High Court of Botswana as may beprescribed as such from time to time; magistrate means a person appointed as such under section 104 of the Constitution; Master means the Master of the High Court appointed under section 4 of theAdministration of Estates Act; matrimonial cause means any action for divorce, nullity of marriage or judicialseparation; motion day means at least one day in every week, other than during vacation, onwhich a judge shall sit to hear and consider any matter required under these Rules to be heardon a motion day or any other matter directed by the judge to be so heard. The Registrar shallpublish the dates of each judge’s motion days at least three weeks in advance of the earliestsuch date; party or any reference to a plaintiff, defendant or other litigant includes his counsel; plaintiff includes a plaintiff in a counterclaim; Principal Registry means the Office of the Registrar at the seat of the judicial divisionin which a cause was first registered;    Copyright Government of Botswana   Registrar means the Registrar of the High Court and includes a Deputy Registrar, anAssistant Registrar and any person performing the duties of a Registrar under the authority ofsection 17 of the Act; Registry includes the Registry at the High Court at Lobatse and Francistown and atany seat of the High Court that may be gazetted as such; Sheriff includes a Deputy-Sheriff and any person acting under the general or specialdirections of the Sheriff; trial includes the substantive hearing of application or petition proceedings, whereapplicable. ORDER 2GENERAL FORMS OF PROCESS, FEES, ETC.1. The Registrar or other officer empowered to do so shall sign and date stamp everywrit or other process. 2. The forms in the First Schedule, or forms as near as may be, may be used in allmatters, causes and proceedings to which they are applicable, with such variations ascircumstances may require. 3. In proceedings for which forms are not provided in the First Schedule or prescribed byany enactment, the Registrar may, subject to the approval of the Chief Justice, from time totime, frame such forms as may be appropriate in the circumstances. 4. (1) The fees specified in the Second Schedule shall be paid by the party at whoseinstance they are incurred, and may afterwards be recovered as costs of cause, unless a judgeso orders.(2) A judge may, on account of the poverty of any party, although such party may nothave been formally admitted to sue or defend as a pauper, or for other sufficient reasons,dispense, if he sees fit, with the payment of any fees.(3) An application under subrule (2) shall be made informally to the Registrar by a partyat any time before or after the commencement of the proceedings stating the grounds on whichhe claims the payment of fees should be dispensed with.(4) The Registrar shall put the application before a judge, as soon as possible, who, afterconsidering the application and hearing the applicant (if he considers that necessary), shallmake an order allowing or refusing the application.(5) Before making an order under subrule (4), the judge may direct the Registrar or theDistrict Officer of the place where the applicant resides to make any enquiries or investigationsregarding the circumstances of the party and the grounds stated in the application.(6) The judge may order that the dispensation shall extend to the whole or any part ofthe fees payable in the action. 5. Unless otherwise expressly provided therein, the fees specified in the second columnof the Second Schedule shall be paid in respect of the items set out in the first column thereofby means of, either—( a  ) postage stamps issued by the Government or with the authority of the Government; or( b  ) in cash paid to the proper officer of the court, who shall forthwith issue an officialreceipt for the cash. 6. No document in respect of which a fee is payable shall be accepted unless paymenthas been made under rule 5. 7. Upon receipt of any such document, the proper officer of the Registry shall forthwithcancel such stamps by means of impressing with indelible ink partly upon each and every suchstamp or endorsement and partly upon the document to which they are affixed, the stamp of theRegistry or district registry concerned with the true date of such impression in such a mannerthat the stamps or endorsement are clearly defaced. 8. No receipt shall be issued by the court or any officer thereof in respect of stampsrequired to be affixed hereunder.
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