Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698077598164.pdf (Guyana)
Matrirrwnial Causes.

[Cap.

166.

2037 CHAPTER 166.

MATRIMONIAL CAUSES.

RULES OF COURT (MATRIMONIAL CAUSES).

ARRANGEMENT OF RULES.

General.

of request: affidavits.

separation.

RULE.

1.

2-5.

6-8.

9-10.

11.

12-13.

14-15.

16.

17.

18.

19.

20.

21.

22-25.

26.

27.

28-29.

30.

31-32.

33.

34--42.

43-4:7.

48.

49.

50.

51-52.

53-62.

63-65.

66-70.

71-72. of the Attorney on commission pleadings.

etc.

of pleadings, or letter down cause for hearing.

Interpretation.

Petition.


Co-respondents.

Citation.

Change of solicitor.

Appearance.

Answer.

Subsequent Amendment Particulars.

points of law.

Raising Interveners.

Intervention Evidence Setting Hearing.

Evidence Reversal Showing Decree absolute.

.Alimony.

Maintenance Custody Guardians of unsound Persons orders.

Protection Applications Wife's costs.

Costs generally.

Solicitors' Time.

Notices, etc.

; Proceedings E_ffect of non-compliance.

Forms.

Proceedings taken by affidavit.


of decree cause against servjce.

by poor persons.

of judicial a decree.

of and access of minors.

and settlements.

fees and fees of Court.

to the Court.

paper, mind.

to children.

73.

74.

75.

76.

77.

78.

FIRST SCHEDULE.

SoLIOITORs' FEES.

B.G.-Vot.

IX-23• under Part II.

of the Ordinance.

2038 Causes.

Cap.

166.J Matrimonial SECOND SCHEDULE.

TABLE OF FEES TO BE TAKEN IN THE SUPREME COURT FOR DIVORCE AND MATRIMONIAL CAUSES.
Rules of Court, 22nd March, 1921.

RULES OF COURT made on the 2nd March, 1921, and approved on the 22nd March, I 921. rules shall take effect in the Supreme The following Court of Policy by the Governor and Court for divorce and matrimonial of Court (Matrimonial causes, Causes).

and may be cited as the Rules 1.In these rules- INTERPRETATION . "
the Ordinance" means the Matrimonial Causes Ordi­ nance; "the Court" includes reference by numbers rules so numbered a judge thereof; to orders in the Rules of Court, 1900. and and rules is to orders PETITION.

2.Proceedings before the Court in divorce by petition, and matrimonial unto the preferred causes shall be commenced Supreme Court of British Guiana.
3.In all proceedings before the Court exercising jurisdiction under the Ordinance, a petition shall state- or not there have been any, and if so what, (a)whether proceedings by or on behalf previous of either thereto with reference to the marriage, of the parties to the marriage; (b)the description (c)the place of residence of the husband; to the of each of the parties marriage; ( d)the domicile of the parties to the marriage, the from for the wife different if the domicile unless when it will be sufficient a domicile is asserting petitioner that of the husband, of the husband is stated.
4.

(1) There shall be filed with every petition verifying and deposing made by the petitioner personal other facts alleg ed in the petition.

the facts of which he or she has in the truth of the knowledge, to belief an affidavit Matrimonial Causes.

[Cap.

166.
[Cap.

166.

2039 (2)Where a petitioner seeks a decree of nullity or of dissolution of marriage, of marriage, or a of marriage, the petitioner's separation, or of judicial decree in a suit for jactitation filed with his or her petition affidavit collusion or connivance other party to the marriage between or alleged exists shall also state that no the petitioner and the marriage.

shall also state 5.
shall also state 5.

(1) The affidavit rights that a written conjugal Registrar has been made by the petitioner that, after a reasonable the cohabitation and restitution filed with a petition sufficient for restitution of facts to satisfy the demand for cohabitation upon the party to be cited, and restitution and for compliance therewith, opportunity have been withheld.
(2)At any time after the commencement of conjugal restitution summons for an order to stay the proceedings reason that he or she is willing to resume or to return to co­ habitation with the petitioner.

the respondent rights, for of proceedings may apply by in the cause by Co-RESPONDENTS.

6.

(1) Upon a husband filing a petition on the ground of adultery, any alleged marriage be made a co-respondent otherwise direct.
(2)Application in the cause unless for dissolution shall adulterer the Court shall of for the direction shall be made on motion founded on affidavit.

7.If the name of the alleged adulterer at the time of filing his petition, petitioner as soon as known, and application inserting mons, and the Court shall give directions directions and such further of the amended petition.
the name therein must be made forthwith as are deemed necessary as to the amendment as to service is unknown to the it must be supplied to amend the petition by by sum­ 8.The term " respondent so far as the same is applicable " where hereinafter used includes to them.

co-respondents all CITATION.

9.


{l} Every petitioner a citation on each respondent forthwith service it, or his or her solicitor, extract who files a petition and affidavit under the seal of the Court for shall in the cause, shall take it, together and the party extracting with a prmcipe Causes.

2040 Cap.

166.]

Matrimwnial and a copy or copies and there deposit sealed.
of the citation for service, to the registry to be the citation the prrecipe and procure (2)The address given in the prrecipe must be within one mile of the General Post Office.

10.

(1) Service of a citation effected by a person authorised (2)To every person served together under the seal of the Court.

with a copy thereof, and shall be shall be personal in that behalf with a citation a certified by the Registrar.
shall be delivered, copy of the petition (3)In cases where personal service may be made by summons for substitution cannot be effected of some appli­ cations other mode of service.

(4)After service has been effected, the citation, with a certificate returned of service endorsed thereon, shall be forthwith into and filed in the registry.

that a citation be advertised, the news­ the advertisement are to be filed in the registry (5)When it is ordered papers containing with the citation.
(6)The citation must be annexed before whom the affidavit referred to the affidavit is sworn.

to in an affidavit thereof and marked by the person of service CHANGE OF SOLICITOR.
11.Any party to a cause shall be at liberty an order for that purpose, ng an address for service within one mile of the General but until that notice her solicitor, without the change, containi other instruments being filed in the registry, thereof solicitor whether the former solicitor served, of the party until the final conclusion in the Court of first instance or the Court of appeal.
shall be considered to change his or of and upon notice of pleadings Post Office, is filed and a copy the of the cause, APPEARANCE.

a citation, 12.

(1) Before a petitioner an appearance of the respondents, tracted on behalf filed in the registry, appeared.
can proceed after having ex­ by or must have been entered or it must be shewn by affidavit, that they have been duly cited and have not (2)All appearances in a book provided registry wise required, for that purpose ten days after service to citations in the are to be entered other­ and, unless of the citation.

within Matrimonial Causes.

[Cap.

166.


2041 (3)An appearance may be entered proceeding the Court on application has been taken in default, by summons founded at any time before a or afterwards by leave of on affidavit.

by an shall be accompanied Post Office.


(4)Every entry of appearance address within one mile from the General as to the 13.If a party cited wishes to raise any question of the Court, he or she must enter an appearance jurisdiction under protest, extension After the entering party cited and within two days give notice of the protest and to raise the question appearance of an absolute cannot raise any objection to the citation to the jurisdiction.

a of motion for of jurisdiction.

ANSWER.

14.


{l) Each respondent who has entered an appearance may, within the registry ten days after service an answer to the petition.

of citation on him or her, file in (2)When the time allowed than ten days after service entered may, within an appearance of that time, file in the registry is more for entry of appearance who has a respondent of citation, ten days from the expiration an-answer to the petition.
(3)Each respondent shall, a copy thereof on the day he or she files an to the petitioner, or to his or her answer, solicitor.

deliver 15.

{l) Every answer which contains of the facts stated simple denial panied by an affidavit other or additional knowledge truth of the rest of the other or additional affidavit matter, and deposing shall be filed with the answer.
in the petition thereof, made by the respondent as to his or her belief shall be accom­ verifying the in the and the matter other than a matter, so far as he or she has personal (2)In cases involving separation, judicial suit of jactitation wife of the petitioner answer, between shall, of marriage, or of dissolution of marriage, a decree of nullity of marriage, or a decree or who is husband or of in a the respondent in the affidavit filed with the also state that there is not any collusion the deponent and the petitioner.
or connivance SUBSEQUENT PLEADINGS.

16.

{l) Within ten days from the filing and delivery and the same by way of may file a reply thereto, for filing any further the petitioner pleading answer, time shall be allowed rejoinder, or any subsequent pleading.

of the Causes.

2042 Cap.

166.]

Matrirnonial (2)A copy of every reply and subsequent shall, pleading on parties, or to the opposite the day the same is filed, be delivered to their solicitor.

AMENDMENT OF PLEADINGS, ETC.

17.


(1) Either party desiring to alter or amend any pleading to do so on summons, must apply to the Court for permission unless nature slip or omission, the alteration or error arising of a clerical mistake, or amendment be merely verbal, or in the from any accidental (2)The costs of and occasioned when it may be made without summons.

by any amendment making it, unless the rule shall be borne by the party made under this Court otherwise orders.
(3)Wben a petition, to be altered answer, or amended, ordered ing a copy of the next pleading of compliance with the order.
or other pleading the time for filing and del shall be reckoned has been i ver­ from the time (4)A copy of every pleading, showing shall be delivered the alterations and to the opposite made therein, amendments parties the pleadings they have already their pleadings further on the day the alterations filed in the registry, are made in parties, if to amend or such within four days after the delivery, and amendments and the opposite shall be at liberty thereto, pleaded time as may be allowed for the purpose.
(5)The Court may at any time, and on such terms as to costs as are deemed just, amend any defect or error in shall be made at issue raised amendments the real question or otherwise any proceedings, for the purpose by or depending of determining on the proceedings.

and all necessary p ARTICULAR$.

18.

(1) Further in any pleading application by summons.
and better particulars may in all cases be ordered of any matter stated by the Court on (2)Before applying for particulars by summons, and the costs of the letter a party may delivered apply for them by letter, particulars taxation.

In dealing particulars taken into consideration by summons, the provisions by the Court, pursuant with the costs of any application shall be allowable thereto and of any on for of this subrule shall be Matrimonial Causes.

[Cap.

166.
[Cap.

166.

2043 {3) Particulars of matters stated in a petition under this rule to be delivered ordered the Court shall be of opinion to enable the respondent reason to be so delivered.

shall not be before answer, unless or desirable that they are necessary or ought for to plead, any other special under the Court's (4)The party at whose instance order shall, delivered wise provides, the delivery summons.
Save as in this rule provided, ticulars shall not, unless as a stay of proceedings, have been particulars the order other­ unless have the same length of time for pleading a�er of the an order for par­ provides, of time.

the order otherwise or give any extension that he had at the return of the particulars operate RAISING POINTS OF LAW.

19.

(1) Any party shall be entitled any point of law, and any point so raised by the judge who hears the cause at or after the hearing.
to raise by his pleading shall be disposed of of the parties, (2)By consent application be set down for argument hearing.

by summons of either or by order of the Court on the party, and disposed the point so raised may the of at any time before (3)If in the opinion law substantially ground of suit, defence, upon dismiss be just.
of the Court the decision of the point of disposes of the whole suit, or of any distinct or reply therein, the suit or make such other order therein the Court may there­ as may lNTERVENERS.

20.

{l) Application be made to the Court by motion, for leave to intervene supported in any cause must by affidavit.

(2)Every party intervening must join in the proceedings at the stage in which by the Court.

he finds them, unless it is otherwise ordered INTERVENTION OF THE ATTORNEY GENERAL.

General 21.
General 21.

(1) The Attorney shall, he has obtained leave to intervene appearance and plead to the petition, plea in the registry, his or her solicitor.

deliver a copy thereof within ten days after in any cause, enter an and on the day he files his to the petitioner or 2044 Cap.

166.]

Matrimonial Causes.

---- -- ---� ------ - - - --- (2)All subsequent pleadings and proceedings in respect of the Attorney conducted of the pleadings cause.
General's intervention in a cause shall be filed and in the same manner as heretofore directed in respect and proceedings of the original to the parties EVIDENCE ON COMMISSION OR LETTER OF REQUEST: AFFIDAVITS.

22.

(1) The provision of Order XXXIV, rules 10, 11 and 12, shall apply to proceedi (2)If in any case the Court so orders, there shall be issued ng s under the Ordinance.

a request to examine a witness in lieu of a commission.

23.
23.

(1) Any of the parties to the cause may apply to the for out of the jurisdiction Court for leave to join in a commission examination of witnesses witnesses to examine alterations necessary and settle that purpose thereunder, to be made in the commission or letters of the Court and of request or letters for the same.

(2)After an application hereunder shall not issue without has been made, the com­ the direction mission of the Court.
or letters of request and the Court may direct the for and obtains an order, for the examination without any special to ascertain sum of money to be paid or or of wit­ order for and report to apply to the Registrar or letters the wife shall be at liberty, or wife applies of request 24.If a husband a commission, nesses, that purpose, to the Court what is a sufficient secured examination virtue of money shall be paid or secured letters wise directs.
of the witnesses the commission is or are issued or letters to the wife to cover her expenses in pursuance of attendance at the of the order, or by of or and that sum commission, of request; before the order, from the registry, unless the Court other­ 25.The provisions of Order XXXIV, rules 14 to 27, as to affidavits shall apply to proceedings under the Ordinance.

SETTING DOWN CAUSE FOR HEARING.

26.

(1) When the pleadings shall set down the cause for hearing notice an appearance has been entered.
of his having done so to each party in the cause for whom are concluded the petitioner and on the same day give Mai,rimonial Causes.

[Cap.

166.
[Cap.

166.

2045 (2)If the petitioner fails to set down the cause for hearing, thereof, for ten days after conclusion of the respondents entitled or of the to be heard at the may set down the cause, and shall on the same day give of his having done so to the petitioner and to each of the has been to the cause for whom an appearance to give due notice pleadings, either hearing notice other parties entered.
(3)If none of the parties to the cause sets down the same for within hearing the Registrar same day give notice to each of the other parties has been entered.

one month after the conclusion shall set down the cause for hearing of the pleadings, of his having done so to the petitioner to the cause for whom an appearance and on the and (4)A copy of every notice of the cause being set down for hearing given by a party thereto shall be filed in the registry.

HEARING.
HEARING.

27.-( 1) No cause shall be called on for hearing until after the expiration been set down for bearing except with days from the day when the same has of bearing and notice thereto.

of all parties of fourteen bas been given.

the consent (2)The Registrar shall enter in the court book the decree of the Court and sign the same.

EVIDENCE TAKEN BY AFFIDAVIT.

28.


(1) \Vhen the Court has directed that all or any of the facts set forth in the pleadings affidavits time when the direction otherwise shall be filed in the registry be proved by within direct.
was given, unless the Court shall those affidavits, ten days after the (2)In an undefended that all or any of the facts set affidavits, time up to ten clear days before the cause have been given be proved by at any may be filed in the registry cause when directions forth in the petition those affidavits is heard.

(3)Counter-affidavits as to any facts to be proved by affidavit which ten days after the filing of the affidavit to answer.
may be filed within they are intended (4)Affidavits in reply to the counter-affidavits cannot be filed without the permission of the Court.

(5)Copies of all affidavits and counter-affidavits on shall, the same day as they are filed, be delivered to be heard at the hearing of the cause, or to their solicitors.

to the other parties 2046 Cap.

166.]

Matrimonial Causes.


29.Application for an order for the attendance of a deponent of being crosR-examined in open Court shall be for the purpose made by sumrnonR.

REVERSAL OF DECREE OF ,JUDICIAL SEPARATION.

30.

( 1) A petition of judicial petitioner separation relies.

(2)Before the petition to the Court for the reversal mu8t set forth the grounds on whieb the of a decree for reversal the party praying has been prouounced.
which the decree copy of the petition, (3)A certified urnler the seal of the of can be filed, an appearance in must be entered on behalf in the cause shall be delivered Court, whose favour the decree days after the date and shall, registry, a copy thereof deliver or her solicitor.
to the party in the cause in personally has been made, who may, within ten in the of delivery, file an answer thereto 011 the day on which the an:,wer is to the other party in the cause, or to his filed, pleadings (4)All subsequent from and proceedings in accord­ and answer shall be filed and conducted of an so given in respect ancl answer thereto, the petition ance with the same directions original petition far as thoRe directions as heretofore separation are applicable.
for judicial arising SHOWING CAUSE AGAINST A DECREE.

to the provisions of rule 32, any person show cause against of maniage or nullity in the cause in which nisi for shall enter an the decree has been pro­ making absolute of marriage, a decree 31.
(1) Subject desiring to dissolution appearance nounc<'cl, four dayR thereafter, which he relies whose favour the decree and shall, at appearance, the time of entering setting forth the facts upon file affidavits of the same to the party in and deliver copies or within nisi has been pronounced.
of the file affidavits (2)That party may, within ten days after delivery upon the same day the who may, within ten days file upon the same day, deliver affidavits, deliver copies thereof decree being made absolute, affidavits thereof in answer and shall, to the person showing to the party supporting in reply and shall, the decree cause against nisi.

copies (3)No affidavits are to be filed in rejoinder to the affidavits in reply without (4)The questions permission raised of the Court.
on the affidavits shall be argued in such manner and at such time as the C'ourt may direct.

Matrimonial Causes.

[Cap.

166.

2047 32.-(1) The last preceding rule shall not apply to the but when the Attorney General desires making absolute of marriage, to for dissolution a decree nisi he shall enter an appearance General, against or nullity Attorney show cause of marriage in the cause in which that decree within registry setting cause.
ten days after entering forth the grounds upon has been pronounced appearance, file his plea in the to show which he desires and shall, (2)On the day the Attorney General files his plea he shall to the person a copy thereof deliver nisi has been pronounced, sequent pleadings General's in the same manner as and proceedings intervention of the original and proceedings or to his or her solicitor, and all sub­ in respect of the Attorney in a cause shall be filed and conducted before directed of the pleadings parties to the cause.
in respect in whose favour the decree DECREE ABSOLUTE.

33.
(1) An application of marriage or nullity dissolution filing in the registry application is made, and a notice to make absolute of marriage shall a decree nisi for be made by forth that the in writing setting it must be shown by affidavit- (a)that search has been made in the proper books of the registry up to within two days of the affidavit (b)that at that time no person had obtained being filed; and leave to in the cause and no appearance bad been entered intervene nor affidavits show cause against filed by or on behalf to and, the decree nisi being made absolute; of any person wishing (c)if leave to intervene or affidavits entered, aforesaid, (2)If application filed on behalf what proceedings, to make absolute had been obtained or appearance of any such person as if any, had been taken thereon.
the decree nisi is for any reason deferred in the last preceding affidavit- further (a)that search beyond six days from the time when the affidavit rule mentioned is filed, it must be shown by within six clear days of the hearing (b)that at that time no person had has been made in the proper books up to and leave to obtained nor any entered, of any person wishing to show and, nisi being made absolute; intervene and no appearance affidavits filed by or on behalf cause against had been the decree of the application; (c)if leave to intervene or affidavits filed by or on behalf what proceedings, entered, as aforesaid, thereon.
of any such person if any, had been taken had been obtained or appearance 2048 Cap.

166.]

Matrimonial Cau,ses.

ALIMONY.

34.

(1) The wife, being petitioner in a cause, may file her pending upon her husband, petition for alimony has been duly served by a judge to dispense marriage between the parties :filerl.
previously with that service, or after an order made provided the fact of is established by affidavit suit at any time after the citation (2)The wife, being the respondent having entered an appearance, in a cause, may also, after file the like petition.

35.

(1) The husband shall, with.in ten days after the filing of a petition and delivery upon oath, and, being respondent before he can do so.
appearance for alimony, file his answer thereto must enter an in a cause, (2)The wife, if not satisfied and apply with her husband's answer, to the Court on and to give a further for the of the petition may object to the same as insufficient summons for an order on her husband better or to attend purpose on the hearing on his answer.
answer, of being examined (3)If the answer of the husband of her own, she may within property oath to that allegation, rejoinder to that reply without but the husband that the wife has alleges four days, file a reply on liberty to file a of the Court.

is not at the permission 36.A copy of every petition to the opposite for alimony, party, answer and reply or his or her solicitor, on must be delivered the day the same is filed.
37.After the husband has filed an answer to the petition for of alimony an answer, the wife may apply by or, if no answer is filed, at the expiration alimony, allowed for filing an allotment support witnesses in notice to examine witnesses being the intention his solicitor four days before the motion is heard and the wit­ nesses notice.
of the time motion for to examine are examined, unless of her petition, suit and proceed of the motion and of pending the Court shall dispense with given to the husband or that 38.No affidavits of or in opposition alimony may be required or in the answer thereto, by the Court.

can be read or used as evidence to the averments in support in a petition contained for except such as or in a reply, Matrimonial Causes.

[Cap.

166.
[Cap.

166.

2049 a final decree 39.A wife who has obtained tion in her favour, on the decree after the expiration appeal be then pending, an allotment been allotted be observed of permanent pending in respect separa­ being affirmed on appeal, or against it if no for appealing for haR no alimony may apply to the Court by petition although alimony, suit, and the of the proceedings above rules 35 and 36 shall of the time of judicial upon that petition.
40.A wife may, at any time after alimony has been allotted file her petition for suit or permanently, of her husband, pending of alimony to her, whether an increase facilities diminution facilities, same as above required alimony, applicable.
and the course allotted, or the husband by reason of the increased may file a petition by reason of his reduced in those cases shall be the of the alimony allotted, of proceeding in respect for a and the allotment thereof, so far as the same is of the original petition for 41.Permanent mence and be computed Court or of the Court of Appeal on appeal, com­ otherwise ordered, from the date of the final decree of the as the case may be.
alimony unless shall, 42.Alimony pending suit, and also permanent shall alimony, be paid to the wife, or to some person in writing on her behalf.

by her and approved or persons by the Court as trustee to be nominated or trustees MAINTENANCE AND SETTLEMENTS.

43.

(1) Applications to the Court to exercise the authority given by sections to be made in a separate of the Court, applications 14, 16, 22, 26, 27 and 30 of the Ordinance by leave those be filed as soon as by the said sections one month thereafter.
can be made, or within which must, unless petition, are (2)When application is made for maintenance under section may be filed as soon as, but not before, a decree 14, the petition nisi has been pronounced.

{3) A certified copy of the petition, on the husband shall be personally served may be, and on the person or persons or beneficial in the property application any other mode of service, person or any of those persons.
is made, unless the or dispense interest under seal of the Court, or wife, as the case who may have any legal in respect of which the direct Court on summons shall with service on that 2050 Cap.

166.]

Matrimonial Causes.

44.

(1) The husband or wife, and the other person or per­ l3ons (if any) served with the petition after service, same day deliver solicitor.
file an answer on a copy thereof may, within ten days and shall on the party or his to the opposite oath thereto, (2)Any person the principal answer thereto.

cause, served with the petition, must enter an appearance not being a party to before filing an 45.Within ten days from filing the answer, the opposite party may file a reply thereto, filing any further pleading by way of rejoinder.

and the same time is allowed for 46.Within four days after the filing of the reply or rejoinder thereto hearing.
(if any), the petitioner shall set down the petition for 47.The costs of a wife of and incidental to the petition answer shall not be allowed husband direction before of the Court.

the final decree on taxation of costs against in the principal cause without or the CUSTODY OF AND ACCESS TO CHILDREN.

48.Before the hearing of a cause, a husband or wife who are parties relati access to it may apply to the Court on summons for an order maintenance the issue of the marriage.
ng to the custody, of, or for or education to, children GUARDIANS OF MINORS.

49.

(1) A minor above the age of seven years may elect any one or more of his or her next of kin, or next friends, or guardians as petitioner, for the purpose respondent, of proceeding or intervener in a cause.

on his or her behalf as guardian (2)The instrument the guardian on behalf before appearance of the minor.
of election must be filed in the registry elected can extract a citation or enter an (3)When a minor elects or her next of kin as guardian tion for assignment on summons founded of the guardian on affidavit.

some person for the purposes of a suit, applica­ must be made to the Court or persons other than his (4)It shall not be necessary in a suit or an alleged to him a guardian for the purpose for a minor who is made a co­ adulterer to elect or have his of conducting respondent assigned defence.
Matrimonial Causes.

[Cap.

166.

2051 PERSONS OF UNSOUND MIND.

50.

(1) A committee duly appointed mind may take out a citation that person proceed as a petitioner, on behalf of intervene, or enter an appearance, or as a respondent.

of the person and prosecute of a person of unsound a suit on behalf with the defence, (2)If no committee application made to the Court by summons for assignm ent of a guardian the person of unsound intervening the suit, on his or her behalf.
has been appointed, mind for the purpose to of prosecuting, in, or defending is to be (3)If the opposite party is already before the Court when the application notice for assignment of the application.

is made, he or she shall be served with PROTECTION 51.

( 1) Applications ORDERS.


for an order to protect since the commencement of the desertion on the part of a wife deserted her earnings by a and property shall be made by affidavit in chambers and supported must state whether she has any knowledge husband acquired in writing ·which the of the residence (2)If the husband in judges' applicant the application diction cause why an order should personally served.
is known to be residing must be made by summons within the juris­ to him to show not be made, with which he must be of her husband.

for the discharge 52.Applications to be made by motion supported by motion and copies read or used in support the wife eight clear days before of a protection order are and notice affidavit, of the to be or other document must be personally the motion is of any affidavit, thereof, heard.

served on APPLICATIONS TO THE COURT.


53.Applications (a) if by motion, (b)If on summons, to a judge in chambers.
to the Court shall be made­ to a judge in Court; 54.Except where any order or rule may be made absolute ex parte in the first instance, notice to the parties that the delay caused or might entail order ex parte upon such terms as to costs or otherwise, no motion shall be made without thereby, by proceeding in the ordinary mischief, may make any and but the Court, if satisfied irreparable or serious affected way would IX-24 B.G.-VoL.

2052 Cap.

166.]

Matrimonial Causes.


to such undertaking, subject just, and any party affected aside.

if any, as the Court may think by the order may move to set it 55.Subject to the provisions leave to the contrary, of a notice the service gives special clear days between named in the notice for hearing the motion.

of these rules, unless the Court there must be at least four of motion and the day 56.
(1) The party giving same day file in the registry be read in support davit to the opposite heard in opposition of the motion, parties to the motion.

the notice a copy thereof of motion shall on the to and any affidavit and deliver a copy of the affi­ to the suit who are entitled to be (2)Any party so entitled may file affidavits to the party giving the notice in reply and shall two clear cleliYer thereof days before the day named therein copies for hearing the motion.
57.If on the hearing of a notice or other application the that any person Court is of opinion given ought to have or to have had notice, dismiss or adjourn may be given, in order that the notice as the Court may think fit to impose.

the motion or application, the Court may either thereof if any, the hearing upon such terms, to whom notice has not been 58.The hearing of any motion or application may from time to time be adjourned fit.

thinks upon such terms, if any, as the Court 59.


(1) The petitioner shall, to serve any notice or summons, without of motion, leave, any special be at or any or other notice, with a citation, upon any respondent within has not appeared who, having been the time liberty petition duly served limited for appearance.

(2)The petitioner may, by leave of the court to be obtained ex parte, together citation respondent.
:,:;crve any notice with the citation, and before the time limited of the or at any time after service of that for the appearance of motion upon any respondent 60.Every summons shall be served two clear days before the ordered.

unless in any case it is otherwise that, in case of summons for time only, the summons return thereof, Provided may be serYed on the day previous to the return thereof.

Matrimonial Causes.

[Cap.

166.

2053 61.


(1) Where any of the parties upon the return for the consideration to a summons fail to of the summons, or further consideration e,a; parte if, in view of the nature or at any time of the the judge may proceed whether attend, appointed matter, of the case, he thinks non-attendance require it expedient to do so.
No affidavit of but the judge may of service such evidence shall be required the judge is satisfied (2)Where the judge has proceeded or allowed, as he may think just.

e,a; parte, shall not in any manner be reconsidered in the judge's unless not guilty occasioned the judge, be paid by the party or his solicitor to have the proceeding as to the costs as the judge may think just.
in chambers of wilful delay or negligence, by his non-attendance who may fix the same at the time and direct (3)Where a proceeding reconsidered, that the party failing fails by reason of the them to the proceeding chambers, to attend was before he shall be permitted or make such other order and in that case the costs shall be in the discretion of non-attendance expedient of costs, party attending of any party, e,a; parte, to proceed if any, as he shall think reasonable and the judge does not think it the judge may order such amount party or by his solicitor by the absent to be paid to the personally.
62.

(1) Every order, if and when drawn up, shall be dated the day of the week, month and year on which the same was made, unless the Court otherwise directs.

(2)An order shall be sealed name of the judge by whom it is made.

and shall be marked with the WIFE'S COSTS.

63.


(1) After a cause has been set down for hearin$, or at an earlier summons, appearance of costs for taxation stage of a cause by order of Court to be obtamed a wife who is petitioner, or who has entered as respondent, may file her bill or bills in the cause, on an her husband.
against when the cause has been set down for sum of money to be what is a sufficient (2)The Registrar, hearing, shall ascertain paid into the registry, by the husband, to the hearing upon the husband to pay or secure to be fixed by the Registrar.
of the cause, or what is a sufficient security to cover the costs of the wife of and incidental to be given and shall thereupon issue an order the said sum within a time (3)If the husband, by reason of his wife having separate her right to recover may suspend disputes him any costs pending suit, the Registrar or for other reasons, property, against B.G.-VoL.

IX-24• 2054 Cap.

166.]

Matrimonial Causes.


the order to pay the wife's to be sufficient ascertained of the cause, to the hearing necessary as to his liability.

to enable or to pay or secure costs, to cover the costs of and incidental the sum for such time as seems to him the husband to obtain the Court's decision (4)The bond taken to secure to the hearing incidental and shall not be delivered of the Court.
the costs of a wife of and of a cause shall be filed in the registry out or be sued upon without the order 64.When on the hearing of a cause the decision is against the wife, no costs of the wife of and incidental shall be allowed against the husband and ordered hearing.

to be allowed except those applied at the time of_ the to that hearing by the Court, for, 65.
(I) The order for payment of costs of suit in which a or co-respondent respondent if applied nisi shall, direct thereof the pay1:nent be paid out of the registry under the decree nisi until the decree into the registry, to the party entitled and they shall not them to receive has been condemned by a decree for before the decree is made absolute, has been obtained.
absolute in a cause, and who at the of rule 64, obtained (2)A wife who is unsuccessful thereof has, in pursuance hearing of the Court that her costs of and incidental her husband be allowed against seemed by at once to obtain to the hearing of the sum paid or may nevertheless proceed on taxation.

an order shall them after allowance him to cover to the extent those costs, thereof COSTS GENERALLY.

66.
66.

(I) In all cases in which the Court at the hearing of a of the any party to the suit in costs, file his bill cause condemns party to whom the costs are to be paid may forthwith of costs in the registry and obtain but the taxation appeal has expired, rule is disposed more speedy taxation.
for taxation, for or, if a rule nisi has been granted, until the a directs take place before the time allowed for cause shown, an appointment the solicitor shall not the Court, of, unless (2)The party who bas obtained bill of costs shall give the other party or parties the taxation and, at or before the same time, deliver of the bill to be taxed.

thereof to him or them a copy two clear days' notice of the appointment an appointment to be heard on to tax a Matrimonial Oaitses.

[Cap.

166.
[Cap.

166.

2055 (3)When an appointment has been made for taxation of any do not to be heard on the taxation the taxing and any parties at the time appointed, bill of costs, attend proceed hour, upon being satisfied attendance had due notice of a quarter of an not in that the parties by affidavit of the time appointed.

to tax the bill after the expiration officer may nevertheless (4)The fees payable on the taxation be paid by the party on whose application shall be allowed as part of that bill.
of any bill of costs shall the bill is taxed and 67.The bill of costs of any solicitor will be taxed on his application as against the person or persons application given to the solicitor.

of that person his client, a&r sufficient notice liable given to or on the for the payment thereof, or those persons after sufficient notice the same 68.If an order for payment of costs is required, may be obtained being certified by summons, by the Registrar.
on the amount of those costs to have been incurred or increased through over­ fees or by payment of special or other to witnesses 69.
(I) On every taxation charges, or proper and expenses for the attainment the taxing officer shall allow all as appear to him to have been of any party, but save as against the same, no costs shall be allowed of justice, or for defending the party who which appear to the such costs, necessary the rights incurred taxing officer caution, to counsel, persons, negligence, or special or mistake, charges or by other unusual or expenses expenses.
the advice and proceedings of counsel in any cause or matter as the on the.plead­ (2)Such costs of procuring counsel to settle thinks officer in his discretion ings, evidence, taxing procuring as the taxing by counsel, is not to be allowed affidavits proper to be so settled, at the same time.
are to be allowed; just and reasonable, and of such pleadings and special affidavits to be settled fee a separate but as to affidavits, for each affidavit, but one fee for all the which are or ought to be filed thinks officer in his discretion proper (3)Allowances of witness 1900, Appendix condition Court, to witnesses are to be made according to the and scale of allowance given in Rules of I., Part I.
(d): Provided always that as to evidence, such just and reasonable charges necessarily themselves and expenses incurred in giving in procuring evidence their attendance, as appear to have been properly and are to be allowed.

and by the witnesses 2056 Cap.

166.]

Matrimonial Causes.

70.Subject to the provisions of these rules, upon the taxing of costs being signed and a copy thereof certificate officer's served upon the party liable to pay the costs, issue thereunder payment.
upon an affidavit of the service and of non­ execution may SOLICITORS' FEES AND FEES OF COURT.

71.In divorce and other matrimonial causes and matters solicitors shall be entitled forth in the first schedule to charge to these rules.

and be allowed the fees set 72.

{l) The fees and percentages contained in the second to these rules shall be taken in the registry in proceed­ schedule ings under the Ordinance.
(2)The provisions fees or percentages respect these rules of any proceedings come into operation: 72 words, (3)A folio is to comprise or authorised a column, of this rule shall not apply to or affect any which have become due and payable in under the Ordinance taken before to be used, being counted as one word.

every :figure comprised in Tom.

73.

{l) The prov1S1ons of rule 2 thereof) of Order XLV.

(excE\pt the last ng s under shall apply to proceedi paragraph the Ordinance.
(2)When the time for delivering or any pleading or document or document, by any of these rules, or doing any act, is or or by any order the costs of any application to extend that time answer, filing any affidavit, has been fixed or limited of the Court, and of any order made thereon unless making the application shall be borne by the party orders.
the Court otherwise (3)In any case in which any particular to be clear days, is prescribed exclusively number of days, not by these rules, the same of the first day and inclusively of expressed shall be reckoned the last day.

NOTICES, PAPER, ETC.

; SERVICE.

7 4.

The provisions of Order XL VII, and of rules 1 to 8 of Order XLVIII.

shall apply to proceedings under the Ordinance.

PROCEEDINGS BY PooR PERSONS.

75.The provisions of Order L. shall apply to proceedings by poor persons under the Ordinance.
Matrimonial Causes.

[C�p.

166.

2057 EFFECT OF NON-COMPLIANCE.

76.

(1) The provisions ings under the Ordinance.

of Order LI.

shall apply to proceed­ (2)Where an application the several irregularity, shall be stated objections in the summons or notice is made to set aside proceedings for intended to be insisted upon of motion.

(3)When a summons is taken out to set aside any process or proceeding dismissed to be understood for irregularity without with costs, any special with costs.
as dismissed generally and the summons is as to costs, direction it is FORMS.

77.Forms to be used in proceedings use in the Probate, be those in general Division matrimonial causes local circumstances and matters may require.

of the High Court of Justice therein, under these rules shall Divorce in England, and Admiralty and for divorce as with such variations PROCEEDINGS UNDER PART II.

OF THE ORDINANCE.

78.The above rules, so far as the same may be applicable, shall extend to applications the Ordinance.
and proceedings under Part II.

of THE FIRST SCHEDULE.

r.71.

SoLIOITORs' FEES.

CITATIONS, SUBPOENAS, WRITS, SUMMONSES, NOTICES, AND SEBVIOE OF SAME.

to see proceedings 1.Citation 2.Citation 3.Writ of subpoena 4.And if of more than 5.Writ of execution, 6.And if more than 3 folios, 7.Any writ not included 8.These fees include the officers sealing except where otherwise in above .

.

.
.

.

ad testificandum or duces tecum for each folio 3 folios or other writ to enforce beyond 3 any decree for each folio beyond 3 and copies, all endorsements them, and attendances but not the Court fees.

provided, to issue or seal, praecipes for $ c. 5 00 5 00 2 40 0 24 or order...5 00 0 24 5 00 2058 Cap.

166.]

Jllatrimonial Cause$.

at judge's for service chambers 9.Summons to attend 10.Each copy summons 11.Or per folio ... 12.For preparing 13.Or per folio .. .

14-.
14-.

For preparing notice notice of motion admit to produce on the hearing, or notice to folio 15.If necessarily 16.And for each copy, such allowance long, per as the taxing officer shall think proper, 17.For preparing 18.If neces�arily 19.Service, or party not exceeding per folio any other notice .

.

.

3 folios, exceeding where an appearance for each folio beyond 3 has been entered, on the solicitor 1 00 O 08 1 20 0 12 $ C. 2 00 O 60 0 08 2 00 0 24 1 20 O 12 INSTRUCTIONS.
20.For petitions, answers, citations, or amend­ or other pleadings, affidavits, for interrogatories, or special of a wife's for an order for protection ment of pleadings, applications and property 21.To defend suit against 22.To appeal 23.For brief on hearing 24.If there are several order of Court or judge and to appear 25.For counsel necessarily long, to make any application to the Court or a judge, witnesses an additional examined fee· will be allowed.
and the brief or case is where no other brief 5 00 earnings 4 00 4 00 5 00 10 00 thereon DRAWING PLEADINGS AND OTHER DOCUMENTS; PERUSALS.
or answer petition and engrossing 26.Drawing 27.And if of more than 10 folios, and engrossing 28.Drawing 29.Or per folio ... 30.Drawing particulars, issues brief on hearing 31.Drawing and proper in addition and proper observations, 5 00 0 50 pleadings ... 2 50 0 50 0 24 of fact, examination for eYery folio beyond 10 reply or other subsequent when necessary including necessary of cause, to per per folio of witnesses, pleadings, folio 32.For every necessary letter to an opposite during 33.Drawing 34.Drawing the dependence bill of costs per folio, including any instrument to be filed in or issued of the cause 0 48 party or his solicitor 1 20 0 24 copy for taxation ... by the registry for which no other fee is herein affidavits, pleadings, per folio allowed, exhibits, and other documents ... 35.Perusing 36.Or per folio ... 0 24 2 40 0 24 37.Copies of petition, bills of costs, answer, briefs, provision is made, at per folio ...
COPIES.

and other pleadings, of exhibits, or other docwnents, where no other 0 16 ·Matrimonial Causes.

[Cap.

166.

2059 ATTENDANCES.


38.To search 39.To enter appearance 40.To amend petition, for appearance answer, to citation or other pleading filed in the s c. 2 00 2 00 any examiner, commis- registry 41.On examination of witnesses before each day officer, or other person, sioner, ... counsel, fee one guinea not to exceed for each day and under twenty guineas and under five guineas with brief or other papers- 42.Or, if without 43.On counsel 44.If counsel's 45.If more 46.If five guineas 4 7.
If twenty guineas 48.If forty guineas or more 49.On consultation 50.To enter or set down cause, 51.In court on motion of course, 52.In court on every special each day motion, 53.On the hearing 54.When heard, 55.To hear judgment 56.On taxation 57.Unless the same shall necessarily when same adjourned or conference of any ca.use, or appeal, with counsel of costs each day when in the paper for hearing and on counsel, and for order ... occupy so much time that the taxing officer shall consider when he may allow such further that amount inadequate, 58.For eYery necessary attendance a commissioner, on counsel, before or solicitor, for which no other fee is herein allowed ... fee as he thin.ks in chambers, proper.
in the registry, or on the adverse parties 2 00 AFFIDAVITS.

and engrossing 59.Drawing 60.If more than 3 folios, 61.Drawing 62.For preparing and engrossing each exhibit affidavit of service, or of search for every folio beyond 3 ... any other affidavit, per folio ... 1 20 0 16 0 32 0 24 COUNSEL'S FEES.

63.Fees to counsel for advice and to settle allowed under rule 69, sub-rule (2), are not to exceed five guineas.

64.The fee to counsel allowed on motion is not to exceed ten guineas.
for appearance to the Court on an application 65.The fee to counsel, when the judge has certified for counsel, for is not to to the Court on summons, on an application allowed appearance exceed five guineas.

66.The fee to counsel allowed be, for the first day, from ten guineas subsequent day, three guineas upward, and any for the second to seven guineas.

for appearance on the hearing of a cause shall 2060 Cap.

166.]

lJlatrimonial Causes.

r.72.

THE SECO:t-H) SCHEDULE.


TABLE 01'' FEES TO BE TAKEN IN THE SUPRE:IIE COURT FOR DIVORCE AND l\lATRLMONIAL C,\USES.

CITATION.

1.On sealing 2.For settling or au abstract .

.

.

citation citation, other acfrertisement: If of 5 folios or under... for each If above 5 folios, the same fees as for service additional citation, 3.For serving 1 20 folio or part of a folio O 12 of a writ of $ C. 2 00 for advertisement thereof or summons.
4.For certificate of service 5.On entering 6.On amending appearance, appearance for each person ...

APPEARANCE.

PLEADINGS.

1 20 0 48 0 48 7.Filing petition, answer, reply and any subsequent pleading, �h 8.

On any amendment of pleadings .

.

.

OW 0 60 9.Filing 10.Filing (each set) .. .

interrogatories .. .

of each witness deposition EVIDENCE.

0 60 0 60 11.Filing application .

.

.

and property earnings PROTECTION ORDERS.


for an order for the protection of a wife's 12.For entering 13.For the order under seal of the Court order on the application 14.Setting a cause down for hearing SETTING DOWN.

... 15.On withdrawal of a cause after same is set down for hearing, to it is withdrawn ... be paid by party at whose instance WITHDRAWAL.

16.On every subpoena...

SUBPOENA.

17.On the hearing of a cause; ca.use for hearing and when setting down HEARING.
from the party setting down the 0 60 O 60 1 20 2 40 1 20 1 00 5 00 Matrimonial Causes.

[Cap.

166.

2061 18.Entering final decree in a cause, ENTERING DECREE OR ORDER.

$ c. to be pa.id by the successful 2 40 or witnesses, how damages maintenance of witness or order directing for custody, or order for examination or order for alimony, or order providing party 19.Entering decree shall be applied, or education 20.If a.ny of the above orders folio or part of a folio .
.. of children, 21.Entering any minute, than minutes, orders, or any order made under rule 43 .

.

.

1 20 for every additional exceed 0 24 5 folios, in the cause book other order, or decree specified or decrees MOTIONS A.."'ID SUMMONSES.

22.Filing 23.Filing 24.Entering notice summons of motion minute or order on motion or summons, specified .. .

other than orders 25.If a final order in a cause .

.

.
.

.

O 72 O 60 O 60 0 60 2 40 evidence 26.For taking the Registrar general post office, for each day 27.II beyond that distance, .

.

.

expenses TAKING EVIDENCE.

or Commissioner, and within of one or more witnesses before the three miles of the for each day, in addition 15 00 to travelling 28.If for part of a day only, such smaller fee as the Registrar shall 25 00 in his discretion think proper.

REFERENCES TO REGISTRAR.


for any inquiry 29.On each reference before the Registrar2 40 30.For every hour or part of an hour after the first hour... 1 20 1 20 if 5 folios or under 31.For Registrar's report, 32.If exceeding or part of a folioO 48 5 folios, for every additional folio 33.Writ of attachment or fieri facias 34.Writ of sequestration fees for process 35.Other and additional 1900. of Court, taken under Rules WRITS.
in any execution to be as 2 40 1 20 36.For every certificate under the hand of the Registrar ... 1 00 CERTIFIOATE.

FILING.

37.Filing every affidavit brought or other document for filing which into Court or no fee is before deposited specified in the registry, .

.. SEARCHES.

in each Court book, if within 38.Search 39.If at an earlier period than within the last five years the last five years ... 0 48 0 48 1 00 2062 Cap.

166.]

Matrimonial Causes.

OFFICE COPIES AND EXTRACTS.

.


$ C. 0 60 0 12 40.For every office copy or extract or of any document of a minute, filed in a cause or order, or decree in a cause, entered deposited If 5 folios If exceeding in the registry: 41.

5 folios, For the seal of the Court affixed to any minute, per folio order, or decree or to any office copy OATHS.

42.For administering 4.3.

For marking every exhibit an oath to each deponent TAXING COSTS.

4-1.
Taxing every bill of costs, where the amount allowed does not exceed $20 0 60 0 36 0 24 0 48 45.Where the amount exceeds $20, for every $10 allowed or a fraction thereof ... 0 24 These fees, unless provided, otherwise or on the allowance certificate, the fees shall be due and payable, is required, amount of such part thereof shall be taken on signing the of the bill of costs as taxed; but or allocatur if no certificate on the amount of the bill as taxed, or on the The taxing officer may require not exceeding taxation costs as submitted deposit for taxation, shall make a memorandum as may be taxed.
on account a deposit the fees on the full amount of the of fees before and the officer on taking that thereof on the bill of costs.