High Court Rules Guyana 1955

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LAWS OF GUYANA
Cap. 3i02
High Court
Rules of the High Court
31
[Subsidiary]
Gaz. 18/6/1955
G
26/7/1960
R. 3/1961
2/1962
1/1970
4/1970
1/1971
o. 37/1966B
4 of 1972
(3
RULES OF THE HIGH COURT

ORDER 1
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PRELIMINARY
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1. These Rules may be cited as the Rules of the High Court.
Citation.
2. These Rules shall come into operation on the first ,Oay of July, Date of
1955 and shall apply in the Civil and Full Court Jurisdiction of the b1-cen
fmlilto
High Court, and also, so far as may be practicable, (unless otherwise application of
provided) to all proceedings taken on or after that day in all causes and Rules.
matters then pending.
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3. Wherever touching any matter of practice or procedure these Where rules

Rules are silent, the Rules of the Supreme Court in force immediately Iill'e srIi
i9o)
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before 23rd February, 1970, made in England under and by virtue of
the Supreme Court of Judicature (Consolidation) Act, 1925, of the
United Kingdom or any law amending the same shall apply
mutatis mutandis.
4. In these Rules C . i-I
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it.
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4-4 . `)
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^ 1 1 t_ 280-14 C.
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H r4 3 "/ 11
"Bail Court" means the Court before which

(a) applications under Order 12;
(b) motions and other applications to be made in Court;
(c) proceedings under the Insolvency Act; and
(d) judgment summonses,
are heard ;
"originating summons" means every summons other than a summons in a pending cause or matter;
"Registry" means the Registry of the Supreme Court;
"solicitor" means a solicitor or a barrister when acting as a
solicitor;
"solicitor on the record" means the solicitor of or for a party and
includes, and shall be deemed always to have included, every
solicitor named in the authority ifled under Order 3 rule 8
Order 6 rule 5 or Order 10 rule 5;
Interpretation.
[R. Gaz.
26/7/1960]
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L.R.O. 111977
1
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LAWS OF GUYANA
High Court
[Subsidiary]
sp cially indorsed writ" means a writ specially indorsed under

\ Order 4 rule 6.
ORDER 2
COMMENCEMENT OF PROCEEDINGS
Save and except where proceedings by way of petition or otherwise

are p rescribed or permitted by any Act , by the common law of
Guyana, .'by these Rules or by any rules of court, any person who
seeks to enforce any legal right against any other person or against any
property shall do so by a proceeding to be called an action.
Commence-
ment of
proceedings.
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( ORDER 3
OF SUMMONS
r 1.\ Every action shall be 'c jinmenced by a writ of summons, to be
Writs of
Summons.
Aissued
out of the Registry, which shall be indorsed with a statement of

indorsement ,
of.
' the nature of the claim made or of tile relief or remedy required in the
action.
Parties to be
named.
2. Every writ of summons shall state at the head thereof the name of
every plaintiff and defendant and shall contain in the body thereof the
name and place of residence or business of every defendant as far as
known.
Contents of
writ
3. Every writ of summons, except a specially indorsed writ shall call

upon the defendant to enter an appearance within ten days inclusive
,-' of the date on which sEciraof the' vVfli
CfEd.
Specially
indorsed writ.
4. A specially indorsed writ shall call upon the defendant to appear

before the Court at the day and hour named in .the writ. The day to be
ifxed for the appearance of the defendant shall, unless the Court or a
Judge gives leave for some other day, be a day on which Bail Court is
being held not less than
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(a) six clear days in the case of actions specified in Order 4

rule 6(a) to (e) (inclusive); and'
,,
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(b) twelve clear days in all other cases, \

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from the date of the service of the writ.

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5. Writs of summons shall be in such one othf the tigs_inADperida

A to these Rules as may be ap p licable, wi suclairiations as the
R.1/1970]
/ifature of the case may require and shall in addition be signed by or on
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/ behalf of the Registrar.
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Form of
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6. The writ of summons shall be prepared by the plaintiff or his

solicitor, and shall be presented to the Registrar, who shall date the
writ as of the day of issue, sign it and affix the Seal of the Court thereto.
The writ of summons whelTS3 dated, signed and sealed shall be ifled
by the Registrar, and shall then be deemed to be ssue3e writ so
ifled is hereinafter referred to as the original writ.
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Issue of writ.
[R 1/1970]
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7. At the time when any writ is presented to the Registrar to be filed, copies of
there shall be left at the Registry as many copies thereof as may be
required for service upon the defendants to be served.
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8. The plaintiff's solicitor, unless authorized by a general power

lites duly registered or recorded in the Deeds Registry, shall, when
presenting a writ of summons to the Registrar, p roduce an authorit
writ.
Authority of
so licitor to be
produced
inwrtg,sedbyhplainforstey,pingh
solicitor to act for hitt in the action: provided that wherqthe Registrar
ractiable for the solicitor to produce the
is satisfied that it is not pc
written authority when presenting the writ of summons the Registrar
may accept the writ subject to the solicitor giving a written undertaking
to ifle the authority tithin such time as the Registrar may think ift.
Such authorization or undertaking shall be indorsed uporahe original s'
writ or contained in a separate document ifled with such writ.
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ittobe at
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9. The Registrar shall place at the head of each original writ the nmere
date-of the year and the number of the writ. Writs of summons shall
be numbered throughout each year in the order in which they are head.
issued.
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10. The copy of a writ of summons to be served upon a defendant
shall be compared by the Registrar with the original writ, and be
, -certiifed by him to be . a true copy, and shall be dated, numbered and
sealed by him in like manner as the original writ.
^r. , ,
Copy of writ
tobedat
numberend
certified.
11. A writ of summons for service out of the jurisdiction, or of writ for
which notice is to be given out of the jurisdiction, shall not be issued IL;IlilciOta
Lrisetn
without leave of the Court or a Judge. Such writ or notice shall be in
one of the Forms in Appendix A to these Rules which is applicable
- with such variations as circumstances may require.
12. Any costs occasioned by the use of any forms of writs, and of costs of
indorsement thereon, other or more prolix thwthe forms hereinafter prolix writs.
prescribed, shall be borne by the party using the sarrie, unless the
Court or a Judge shall otherwise order.
L.R.O. 111973
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Cap. 3:02
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[Subsidiary]
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Issue of writ
where plaintiff
out of
Guyana.
13. Notwithstanding any rule of law or practice to the contrary, a

plaintiff who is out of Guyana may cause a writ to be issued in his name
notwithstanding that he has no attorney in Guyana.
ORDER 4
1NDORSEM gNT OF CLAIM
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1. The indorsement of claim shall be made on every writ of

before it is issued.
Indorsement.
2. In the indorsement required by Order 3 rule 1 it shall not be

essential to set forth the precise ground of complaint, or the precise
\,,,remedy or relief to which the plaintiff considers himself entitled.
Indorsement
under Order 3
rule l .
Forms of
indorsement.
Representative
capacity to be
stated,
Document
proving
representative
capacity to be
stated.
Special
indorsements.
t)
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3. The indorsement of claim be to the effect of such of the

Forms in Appendix B to these Rules as shall be applicable to the case,
or if none be found applicable, then such other similarly concise form
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as the nature of the case m ay require. i
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4. If any plaintiff sues or any defendant is sued in a representative
capacity, the indorsement shall show in what capacity the plaintiff or
defendant sues or is sued.
5. Where a plaintiff sues in a representative capacity the indorsement shall describe the document proving such representative capacity
and stating its date, if executed in the Deeds Registry, and the date of
the record, or deposit as of record, if executed elsewhere.
11-7) t /116-36
6. In actions C, b S :4-
(a) where the plaintiff seeks to recover a debt or liquidated
demand in money payable by the defendant, with or without
interest, or with or without a claim for b, declaration that an
opposition is just, legal and well founded, and for an injunction
restraining the passing of a transport, Mortage or lease or of a
surrender, transfer or assignment of a lease arising
( i) u pon a contract, express or implied, (as, for instance, on
a bill of exchange, promissory note or cheque, or other simple
contract debt); or
(ii) on a bond or contract under seal for payment of a
liquidated amount of money; or
(iii) on a written law where the sum sought to be recovered
is a ifxed sum of money, or in the nature of a debt other
than a penaltrebr
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[Subsidiary]
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(iv) on a guaranty, whether under seal or not, where the

claim against the principal is in respect of a debt or liquidated
demand; or
(v) on a trust; or
(b) where a landlord seeks to recover possession of land or of a
building, or part of a building, with or without a claim for rent
or mesne proifts, against a tenant whose term has expired or has
been duly determined by notice to quit, or has become liable to
forfeiture for non-payment of rent, or against persons claiming
under such tenant ; or
(c) where the plaintiff seeks to recover possession of a speciifc

chattel or its value, with or without a claim for (i) the hire thereof
or (ii) for damages for its detention; or
(d) where the plaintiff claims possession of any property

forming a security for the payment of money; or
(e) where the plaintiff seeks to recover any money due on a

mortgage with or without a claim for the foreclosure of the
mortgage in the terms thereof; or
(f) where the plaintiff seeks to enforce an opposition to the
passing of a transport, mortgage or lease or of a surrender,
transfer or assignment of a lease, with or without any other
claim; or
(g) where the plaintiff seeks to .recover possession of land or a
building or any part thereof or damages for trespass to land or a
building, with or without a claim for (i) a declaration, (ii) an
injunction, (iii) mesne proifts and (iv) damages; or
V(h) where the plaintiff seeks to enforce speciifcally a contract
m writing or an oral contract which has been part performed for
the sale or purchase of property ;
the writ.of stuaLtupliRy, at Ale option of the plaintiff, be specially
orsed vvitk ouswmpanied by a statement of his claim or of the
\ie medy or relief to which he claims to be entitled. Such special indorsement shall be to the effect of such of the f orms in Appendix B to these
Rules as shall be applicable to the case, or in a similar form.
7. (I ) Where the plaintiff's claim is for a debt or liquidated demand
only, the indorsement, besides stathlg the nature of the claim, shall
state the amount claimed for debt, or in respect of such demand, and
for eosts respectively, and shall further state that the defendant can
,pa5i the amount claimed and costs to the plaintiff, his sglicitor or
agent and that a-ny such payment must be made within four days
Indorsement
`;ihelclar
1gute
L.R.O. 111973
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Cap. 3:02
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[Subsidiary]
O. 4
High Court
after service, or, in the case of a writ not for service within the jurisdiction, at least six days before the time fixed for appearance, and that
upon such payment further proceedings will be stayed.
(2) The indorsement for costs required by paragraph (1) of this

rule shall be in Form No. 4 in Appendix B to theS6
ft /5" 4
(3) The amount of costs to be indorsed on a writ of summons
under this rule shall not exceed
(i) where not more than $250 is claimed$40;
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(ii) where more than $250 but not more than $500 is claimed$55;
(iii) where more than $500 is claimed$75;

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together with such allowances, if any, as are provided for in Scale IV

in Appeiidix R to these Ruleo
(4) The defendant may, notwithstanding such payment, have
the costs taxed, and if more than one-sixth be disallowed, the plaintiff's
solicitor shall pay the costs of taxation.
Indorsement
for account.
Libel.
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8. In all cases in which the plaintiff, in the first instance, desires to

have an account taken, the writ of summons shall be indorsed with a
claim that such account be taken.
9. In actions for libel the indorsement on the writ shall state
sufficient particulars to identify the publications in respect of which
the action is brought.
10. Where an action for the recovery of money lent by a moneylender or foi the enforcement of any agreement or security relating to
' any such money is brought by the lender or an assignee, the indorsement on the writ shall state, in addition to any other particulars,
the fact that at the time of making the loan or contract the plaintiff
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or (in an action by an assignee) the original assignor was a licensed
moneylender, and if the writ is a specially indorsed writ shall also
state
Action by
money-lender
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C1-`1`j'
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(a) the date on which the loan was made;

(b) the amount actually lent to the borrower;
(c) the rate per cent per annum of interest charged ;
(d) the amount, if any, charged for expenses, inquiries, fines,
bonus, premium renewals, or other charges ;
(e) the fact that a note or memorandum of the contract was
made, and was signed by the borrower;
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[Subsidiary]
(f) the date of the promissory note, or of any contract or

memorandum in writing of the contract relating to the money
lent;
(g) the date when a copy of the note or memorandum was

delivered or sent to the borrower, if requested ;
(h) the date and place when and where the money-lending
business involved in the action was carried out;
(i) the security, if any, taken for the loan;

(j) the amount of every payment already received by the
money-lender in respect of the loan and the date on which such
payment was made;
(k) whether there has been any statement or settlement of

account or any agreement purporting to close previous dealings
and create new obligations;
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(1) the amount of every sum due or owing to the moneylender but unpaid;
(m) the date or dates upon which such unpaid sum or sums
became or become due;
(n) the amount of interest accrued due and unpaid on every

such sum.
ORDER 5
INDORSEMENT OF ADDRESS FOR SERVICE
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1. (1) The solicitor of a plaintiff suing by a solicitor shall indorse Solicitor's

service fo r
upon the writ of summons before the same is issued, and upon every address
notice in lieu of service of a writ of summons, the address of the
plaintiff and also his own name and that of his ifrm and his place of
business, and also a proper place to be called his address for service
within one mile of the Registry out of which the writ of summons is to
ssuueedd,, where all writs, notices, pleadings, petitions, orders,
s m onses, warrants and other documents, proceedings and written
ommunications, if not required to be served personally, may be left
for him.
(2) In the case of a specially indorsed writ issued in the County

of Berbice the solicitor of a plaintiff shall also indorse upon the writ
an address for service within one mile of the Registry in Georgetown.
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2. (I) A plaintiff suing in person shall indorse upon the writ of Plaintiff's
address for
service
summons before the same is issued, and upon every notice in lieu of
L.R.O. 111973
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[Subsidiary]
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High Court
Cap. 3:02
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service of a writ of summons, his place of residence and occupation,

and some proper place within one mile of the Registry out of which
the writ of summons is to be issued, to be called his address for
service, where all notices, pleadings, petitions, orders, summonses,
warrants and other documents, proceedings and other written communications, if not required to be served personally, may be left for
him.
(2) In the case of a specially indorsed writ issued in the County

of Berbice a plaintiff shall also indorse upon the writ an address for
service within one mile of the Registry in Georgetown.
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Proceedings
not commenced by
writ.
3. In all cases where the proceedings are commenced otherwise than

by writ of summons, the preceding rules of this Order shall apply to the
document by which such proceedings shall be originated as if it were a
writ of summons, and Order 3 rule 8 shall apply to such document.
Where notice
served in lieu
of writ.
4. Where notice of a writ of summons is to be served on a defendant

in pursuance of Order 9 rule 6, the indorsements required by the
preceding rules of this Order shall be made both on the writ and on
the notice.
ORDER 6
SOLICITORS
Solicitors in a
cause to
continue to
judgment
unless
relieved.
1. Every solicitor who shall be engaged in any action shall be bound

to conduct the same if desired by the plaintiff or defendant, as the case
may be, for- whom he shall be engaged, unless allowed by the Court or
a Judge to cease from acting therein, until the ifnal determination of
the action whether in the court of ifrst instance or on appeal.
Change of
solicitor.
2. Subject to Order 53 rule 12 (2) a party shall be at liberty to change

his solicitor upon ifling notice of such change in the Registry out of
which the writ of summons issued, and serving a copy of such notice
upon the opposite party; but until such notice is filed and served,
and an affidavit of service is also filed in the Registry or an acknowledgment of the receipt of such notice signed by the opposite party or his
solicitor is indorsed on such notice, the former solicitor shal1 be
considered the solicitor of the party unless the Court or a Judge shall
otherwise direct.
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Notice of
appointment
ousolicitor.
3. Where a party, after having sued or defended in person appoints

a solicitor to act in the , cause or matter on his behalf, he shall give
notice of the appointment, and the, provisions of the preceding rule
LAWS OF GUYANA
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[Subsidiary]
O. 6
relating to a notice of change of solicitor shall apply to the notice of

appointment of a solicitor with the necessary modiifcations.
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4. Where a party, after having sued or defended by a solicitor, Notice of

actinperson
ionto .
intends to act in person in the cause or matter, he shall give a notice intent
stating his intention to act in person and giving an address for service,
and the provisions of rule 2 of this Order relating to a notice of change
of solicitor shall apply to a notice of intention to act in person, with the
necessary modiifcations.
5. (1) A solicitor who is a partner or employer of, or who is Power of

Soli citor n t
employed by the solicitor on the record or afiy solicitor additional to recorcitoac
him subsequently authorised in writing by any party shall be entitled through other
a,
to act for and on behalf of the solicitor on the record without giving reVr:
26/6/1960]
notice of change of solicitor.
(2) The authority to an additional solicitor shall be ifled in the
Registry and shall thereupon become effective.
(3) A solicitor on the record may appoint another solicitor to
act as his agent in any cause or matter, and any solicitor so appointed
may do any act which the solicitor appointing him is authorised to do.
(4) Where any solicitor is acting for and on behalf of, or as
agent of, another solicitor, he shall so state and 'shall add to his own
name or firm and place of business the name or ifrm and place of
business of the solicitor on the record in any writ, summons or
document issued or signed by him.
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6. The solicitor on the record shall remain responsible and liable

for all acts or defaults of any solicitor acting for him under rule 5 of
this Order.
Responsibility
recori
of solicit or on
7. Every solicitor on the record shall on demand in writing made

by or on behalf of any other party to the cause or matter declare forthwith in writing whether any act done in his name or by any other
solicitor in that cause or matter has been done with his authority or
privity ; and if such solicitor on the record shall declare that the act
was not done by him with his authority or privity all further proceedings in that cause or mattef shalLbestayed and no further proceedings
shall be taken without leave,of the Court or a Judge.
Disclosure by
solicitor on
record.
8. (1) Where a solicitor on the record has died or become insolvent

or cannot be found or has been struck off the Roll or has otherwise
ceased to act and the party for whom he has acted has not given notice
of change of solicitor or notice of intention to act in person in accordance with rules 3 and 4 of this Order, any other party to the cause or
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solicitor from
the record.
L.R.O. 111973
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matter may, on notice to be served on the ifrst-named party personally

or by pre-paid post letter addressed to his last-known place of address,
unless the Court or Judge otherwise directs, apply to the Court or
Judge for an order declaring that the solicitor has ceased to be the
solicitor acting for the ifrst-named party in the cause or matter, and the
Court or Judge may make an order accordingly.
_
(
(2) Where the order is made, the party applying for the order
shall serve on every other party to the cause or matter (not being a
party in default as to entry of appearance) a copy of the said order and
also leave at the Registry a certiifcate signed by the applicant or his
solicitor that the order has been duly served as aforesaid. Thereafter
unless and until the ifrst-named party shall either appoint another
solicitor or else give such an address for service as is required of a party
acting in person, and shall comply with the provisions of rules 3 and 4
of this Order relating to notice of appointment of a solicitor or notice
of intention to act in person, any documents in respect of which
personal service is not requisite may be served on the party so in
default by being ifled in the Registry.
State
Solicitor.
9. The State Solicitor may issue any writ, summons or other

document originating proceedings or enter appearance in any cause
or matta in the name of the State Solicitor without filing any written
authority as required by Order 3 rule 8 or Order 10 rule 5.
ORDER 7
SERVICE OF WRIT OF SUMMONS
1. Mode of Service
Service of a copy of the writ of summons certiifed by the Registrar
Service of
copy of writ
to
e
' a true copy shall be deemed to be service of the writ.
deemed service
of writ.
Service by
1 2. Save as is hereinafter specifically provided every writ of sumMarshal or
Imons shall be served by a Marshal or by a person authorised by the
person
authorised.
Registrar, generally or in any speciifc case, to serve process in civil
leases.
Acceptance of
service.
3. No service of a writ of summons shall be required when the

difendant by his solicitor undertakes in writing to accept service, and
enters an appearance.
Mode of
4.. If the defendant be within the jurisdiction of the Court service

rnarbe effected by delivery of the copy of the writ to him or to any
adUlt inmate or employee at his last known or usual place of abode or
service.
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5. (1) The Marshal serving a writ of summons within the municipal
[Subsidiary]
O. 7
Return of
service by
Marshal.
writ the date, place and manner of service.

(2) Where a writ of summons is served outside the municipal
limits of such city or town the Marshal shall, as soon as practicable
after service, either indorse the above particulars upon the original
writ or upon a certiifed copy of the writ to be provided by the plaintiff
for that purpose. In such latter case he shall forthwith send the copy
when indorsed to the Registrar, by whom the same shall be filed with
the original writ.
(3) Every such indorsement shall be signed by the Marshal, and
it or a certiifed copy thereof shall be deemed to be proof of the facts
therein stated until the contrary is shown.
of business, and if he be out of the jurisdiction of the Court but

represented by attorney, service may be similarly effected on the
attorney or at his last known or usual place of abode or of bt usiness.
linlitS of the city or town in which the Registry out of which the writ
/isisued is situate, shall forthwith after service indorse on the original
41
Cap. 3:02
6. When service of the writ is not effected by a Marshal, the person 'Return of
11, er
persoli0h
by whom such service is effected shall, as soon thereafter as shall be seryi'ce
practicable, forward to the Registrar an afifdavit of service, which than Marshal
shall contain the like particulars as a Marshal is required to indorse aiff
davtr.
t beb
upon the writ ,under the last preceding rule. Every such afifdavit shall
be attached by the Registrar to the original writ. Such afifdavit shall be
prepared by the plaintiff, and the cost of swearing, stamping and
ifling the same shall be paid by him in addition to the charge for
service.
t
- '7. Service of a writ of summons shall not be made on a Sunday, No service on
Sundays.
Good Friday or Christmas Day.
2. On Particular Defendants
8. When an infant is a defendant, service of the writ of summons on Infant.

his father or guardian, or if none, then upon the person with whom
the infant resides, or under whose care he is, shall, unless the Court or
a
otherwise orders be deemed good service on the infant :
ged that the Court or a Judge may order that service made or to
be-made on the infant shall be deemed good service.
9. When a lunatic or person _of unsound mind is a defendant, Persons of
service of the writ of summons on the curator or committee of the

lunatic, or on the person with whom the person of unsound mind
unsound mind.
L.R.O. 11 73
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resides, or under whose care he is, shall unless the Court or a Judge
otherwise orders, be deemed good service on such defendant.
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Partners.
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10. Where persons are sued as partners in the name of their firm
under Order 14 rule 12 the writ of summons shall be served upon any
onc or more of the partners, or at the principal place within the jurisdiction of the business of the partnership, upon any person having at
the time of service the control or management of the partnership
business there, and such service shall be deemed good service upon the
-firm so sued, whether any of the members thereof are out of the jurisdiction or not, and no leave to issue a writ against them shall be
necessary :
Provided that in the case of a co-partnership which has been dissolved to the knowledge of the plaintiff before the commencement of
the action, the writ of summons shall be served upon every person
within the jurisdiction sought to be made liable.
I
Notice, in
what capacity
served.
11. Where a writ is issued against a ifrm and is served as directed

by the preceding rule, every person on whom it is served shall be
informed by notice in writing given at the time of such service
whether he is served as a partner or as a person having the control or
management of the partnership business, or in both characters. In
default of such notice, the person served shall be deemed to be served
as a partner.
Person trading
as a firm.
12. Any person carrying on business within the jurisdiction of the

Court in a name or style other than his own name may be sued in such
name or style as though it were a firm's name, and the writ of summons
may be served upon him, or at his principal place of business upon any
person having the control or management of the business there.
Corporation,
etc.
13. Where any corporation or any incorporated company carrying

on business within the jurisdiction is sued, the writ of summons may,
in the absence of any provision in any written law regulating service
of process, be served upon the Mayor, Town Clerk, secretary, manager,
principal ofifcer or clerk of such corporation or company.
'
I
E
1
,
it
i I -1k
f
,
3. In Particular Actions
On land, etc.
14. In an action against the owner or representative of a lot of land
or plantation, the name of such owner or representative not being

mentioned (or in case of vacant possession, when it cannot otherwise
be effected) ervice of the writ of summons may be effected by affixing
a copy of the writ to the principal building upon such land or plantak
r ,-,
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LAWS OF GUYANA
1
43
Cap. 3:02
High Court
0.-8
tion, or, if there be no building, to any Tailing, bridge, tree, or to some

conspicuous place on such land or plantation. In addition a notice
of the writ approved by the Registrar shall be published in one Sunday
issue of a daily newspaper circulating within the jurisdiction.
, ,A
15. Service of a writ of summons or warrant against a ship shall be
Ship.
effected by aiffxing a certified copy of the writ to a mast or other

conspicuous part of the ship.
16. Where a contract has been entered into within the jurisdiction
by or through an agent residing or carrying on business within the
jurisdiction on behalf of a principal residing or carrying on business
out of the jurisdiction, a. writ of summons in an action relating to or
arising out of such contract may, by leave of the Court or a J udge given
before the determination of such agent's authority or of his business
relations with the principal, be served on such agent. Notice of the
order giving such leave, and a copy thereof and of the writ of summons
shall forthwith be sent by prepaid registered post letter to the defendant
at his address out of the jurisdiction :
Service by
ot
lagent
eave or
principal
utt
itirisdction.
Provided that nothing in this rule shall invalidate or affect any other
mode of service in force at the time this rule comes into operation.
ORDER 8
SUBSTITUTED SERVICE
1. Whenever for any reason prompt service of a writ of summons

cannot be effected in the manner prescribed in Order 7 rule 4
(a) the Marshal shall forthwith indorse on the original writ ;;
(b) any other person authorised to serve the writ shall forthwith forward to the Registrar ;
,
1
'
Marshal to
report when
unable to
effect service.
a statement that he has been unable to effect service as aforesaid and

the reasons therefor. The Registrar shall attach to the original writ the
statement so forwarded to him.
i
I
1
2. The Court or a Judge may, on the application of the plaintiff in Mode of
any such case as in the preceding rule mentioned, make such order for substituted
service.
substituted or other service, or for the substitution of notice for
service by letter, public advertisement, or otherwise, as may' be just.
Any such order may be made on applicafkin e- x parte.
L.R.O. 111973
_ --
7 7
1_
.
r _
crkt
N
LAWS OF GUYANA
vt-).
-,42
19Pdi6
[Subsidiary]
h Court
t g
Rules of the,High Court
((
-,
.)
cA
_ ;-
RDER 9
SERVICE OUT OF THE JURISDICTION

AND
SERVICE OF FOREIGN LEGAL PROCESS
In what cases
service of writ
allowed out
of jurisdiction.
Service out of the jurisdiction of a writ of summons, or notice of

a writ of summons, may be allowed by order of the Court or a Judge
whenever
1.
--4
(a) the whole subject matter of the action is immovable

property situate within the jurisdiction (with or without rents or
proifts) or the perpetuation of testimony relating to land within
the jurisdiction; or
(b) any act, deed, will, contract, obligation or liabilityaffecting
immovable property situate within the jurisdiction, is sought to
be construed, rectiifed, set aside or enforced in the action; or
(c) any relief is sought against any person domiciled or
ordinarily resident within the jurisdiction; or
(d) the action is for the administration of the estate of any
deceased person who at the time of his death was domiciled
within the jurisdiction, or for the execution (as to property
situate within the jurisdiction) of the trusts of any written instrument, of which the person serv is a trustee, which ought to be
executed according to the law orGuyana; or
(e) the action is one brought to enforce, rescind, dissolve,
annul or otherwise affect a contract or to recover damages or
other relief for or in respect of the breach of a contract /
(i) made within the jurisdiction; or
(ii) made by or through an agent trading or residing within
the jurisdiction on behalf of a principal trading or residing out
of the jurisdiction; or
,
(iii) by its terms or by implication to be governed by the law

of Guyana;
or is one brought in respect of a breach, committed within the
jurisdiction, of a cOntract wherever made, even though . such
breach was preceded or accompanied by a breach out of the
jurisdiction which rendered impossible the performance of the
part of the contract which ought to have been performed within
the jurisdiction ; or
(f) the action is founded on a tort committed within the jurisdiction; or
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[Subsidiary]
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(g) any injunction is sought as to anything to be done within

the jurisdiction, or any nuisance within the jurisdiction is sought
to be prevented or removed, whether damages are or are not also
sought in respect thereof; or
(h) any person out of the jurisdiction is a necessary or proper
party to an action properly brought against some person duly
served within the jurisdiction.
45
Cap. 3:02
-4'
g
i
I,
2. (1) Service out of the jurisdiction may also be allowed by the

Court or a Judge of the following processes or of notice thereof, that
is to say(a) originating summonses in any case where if the,proceedings
were commenced by writ of summons they would be within rule
1 of this Order ;
(b) any originating summons, petition, notice or motion or
other originating proceedings-(i) in relation to any infant or lunatic or person of unsound
mind; or
(ii) under any Act under which proceedings can be commenced otherwise than by writ of summons; or
(iii) under any rule of court or practice whereunder proceedings can be commenced otherwise than by writ of summons;
(c) without prejudice to the generality of the last foregoing
paragraph, any summons, order or notice in any interpleader
proceedings or for the appointment of an arbitrator or umpire or
to remit, set aside or enforce an award in an arbitration held or to
be held within the jurisdiction;
,) (d) any summons, order or notice in any proceedings duly
instituted whether by writ of summons or other such originating
process as aforesaid.
(2) Where the person on whom an originating summons,
petition, notice of motion or other originating proceeding or a
summons, order or notice is to be served, is neither a Commonwealth
citizen nor residing within the Commonwealth, a copy of the originating summons, petition, notice of motion or other onginati4 proceeding or summons, order or notice shall be served, together with an
intimation in writing that a process in the form of the copy has been
issued or otherwise launched.
Service of
documents.
mn
cer
T1
. When application is made to the Court or a Judge to serve a writ when

remedyrent
of summons or any of the documents mentioned in the preceding rule concur
upon a defendant resident in some part of the Commonwealth, if it Te`"1e
it..1\,;.161
L.R.O. 111973
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LAWS OF GUYANA
46
[Subsidiary]
O. 9
Cap. 3:02
High Court
shall appear to the Court or a Judge that there may be concurrent

remedy in the place where the defendant is resident, the Court or
Judge shall have regard as far as practicable to the comparative cost
and convenience of proceeding in such place or in Guyana.
Afifdavit in
support of
application.
4. Every application for an order under rules 1 and 2 of this Order

shall be supported by afifdavit or other evidence stating that in the
belief of the deponent the plaintiff has a good cause of action or the
applicant has good ground for the application, as the case may be, and
showing in what place or country such defendant or respondent is, or
probably may be found, and whether such defendant or respondent is
a Commorvealth citizen or not, and the grounds upon which the
application is made; and no such leave shall be granted unless it shall
be made sufifciently to appear to the Court or Judge that the case is a
proper one for service out of the jurisdiction under this Order.
Time for
appearance to
be prescribed.
5. Any order giving leave to effect such service shall limit a time
after such service within which such defendant is to enter an appearance, or in the case of a specially indorsed writ, shall ifx the date for
the appearance in Court of the defendent, such time to depend on the
place where or within which the writ or notice is to be served, and on
whether the air mail is available to such defendant.
I
t
Notice of writ.
[R. 1/1970]
6. Where the defendant is neither a Commonwealth citizen nor in

the Commonwealth, notice of the writ and not a copy of the writ itself
is to be served upon him.
Mode of
service out
ofjurisdiction.
7. The rules prescribing the manner in which writs of summons or

any of the documents mentioned in rule 2 of this Order may be
served within the jurisdiction shall, so far as the same are applicable,
regulate also the manner of serving all such documents or notice
thereof out of the jurisdiction.
Saving.
8. Nothing herein contained shall in any way prejudice or affect any

practice or power of the Court under which when lands, funds, choses
in action, rights or property within the jurisdiction are sought to be
dealt with or affected, the Court may, without affecting to exercise
jurisdiction over any person out of the jurisdiction cause such person
to be informal of the nature or existence of the proceedings with a
view to such' person having an opportunity of claiming, opposing, or
otherwise intervening.
Service of
Fo reig n Legal
Pr oc ess.
[R. 1/1970]
9. Where in any civil or commercial matter pending before a court

or tribunal of a foreign country a letter of request from such court or
tribunal for service on any person in Guyana of any process or
citation in such matter is transmitted to the Court by the Minister
/ 41,
LAWS OF GUYANA
Cap. 3:02
High Court
47
I
[Subsidiary]
0.10
responsible for external affairs with an intimation that it is desirable

that effect should be given to the same, the following procedure shall
be adopted-
(a) the letter of request for service shall be accompanied by a

translation thereof in the English language, and by two copies of
the process or citation to be served, and two copies thereof in the
English language;
,,
(b) service of the process or citation shall be effected by the

marshal or other person whom the Registrar may appoint from
time to time for the purpose, or his authorised agent ;
(c) such service shall be effected by delivering to and leaving

with the person to be served one copy of the procAs to be served,
and one copy of the translation thereof, in accordance with these
Rules ;
(d) after service has been effected the marshal or person

authorised shall return to the Registrar one copy of the process,
together with the evidence of service by afifdavit of the person
effecting the service which shall be veriifed by notarial certificate,
and particulars of charges for the cost of effecting such service ;
(e) the particulars of charges for the cost of effecting service
shall be submitted to a taxing ofifcer of the Court, who shall
certify the correctness of the charges, or such other amount as
shall be properly payable for the cost of effecting service;
(f) the Registrar shall forward to the Minister responsible for

external affairs the letter of request for service received from the
foreign country, together with the evidence of service, with a
certiifcate appended thereto duly sealed with the seal of the
Court for use out of the jurisdiction. Such certificate shall be in
the form in Appendix C to these Rules.

1
,-
I)
10. Upon the application of the State Solicitor, with the consent of
the Minister responsible for external affairs, the Court or a Judge may
make all such orders for substituted service or otherwise as may be
necessary to give effect to these rules.
Subs tiuted
ser vice
[R. 1/1 970]
ORDER 10
APPEARANCE
1. Except as hereinafter provideda defendant shall enter appearance in the Registry out of which the writ of summons issued.
Entry of
appearance.
LAWS OF GUYANA
48
[Subsidiary]
0.10
Specially
indorsed writ.
1
When writ
issued in
Berbice.
I
Cap. 3.02
High Court
2. In the case of a specially indorsed writ, it shall not be necessary

to enter an appearance, under this Order. The appearance of the
defendant in Bail Court shall be deemed to be an entry of appearance
in the action.
'
3. Where any writ is issued in the Registry in Berbice
(1) an defendant who neither resides nor carries on business

in Berbice may enter an appearance in such Registry or in the
Registry in Georgetown ;
(2) if a sole defendant or all the defendants enter appearance
in the Registry in Berbice, and the others make default in appearance, then, subject to Order 32'rule 7 the action shall proceed in
Berbice;
T
,
(3) if the defendants or any of the defendants enter appearance

in the Registry in Georgetown, the Registry in Berbice shall
forthwith be notiifed thereof and subject to Order 32 rule 7 the
action shall proceed in Georgetown: provided that if the Court
or a Judge shall be satisifed that the defendant appearing in
Georgetown is a merely formal defendant, or that he has no
substantial cause to interfere in the conduct of the action, the
Court or Judge may, on the application of the plaintiff, order that
the action proceed in Berbice.
Appearance
how entered.
i
T
Solicitor to
ifle authority.
I
1
4. A defendant shall enter his appearance to a writ of summons by

ifling in the Registry a memorandum in writing, dated on the day of
its filing, and containing the name of the defendant's solicitor, or
stating that the defendant defends in person.
5. The solicitor of a defendant appearing by a solicitor, unless
authorised by a general power ad lites duly registered or recorded in
the Deeds Registry shall, when entering an appearance or within such
time after as pay be ifxed by the Registrar poduce anauthority
writing signed by the defendant, or his duly constituted attorney,
appointing - the solicitor to act for hitn in the action : provided that
where the Registrar is satisfied that it is n ot nracticable for the solicitor
to produce the written authority when Rresenting the memorandum
i ic to
of appearan ce, the Registrar may accept the memoraiidu-m sibje
the solic hot- giving a written undertaking to ifle the authority within
such time as the Registrar may think ift. Such authorisation or undertaking may be indorsed on the memorandum of appearance, but if not
so indorsed, shall be filed therewith. If this rule is not complied with,
no memorandum of appearance prepared by a solicitor shall be
received.
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LAWS OF GUYANA
High Court
"-,,
49
Cap. 3:02
[Subsidiary]
0.10
6. The solicitor of a defendant appearing by a solicitor shall state Solicitor's

ce for
in the memorandum of appearance his place of business, and a place address
servi
to be called his address for service, which shall be within one mile of
the Registry in which the appearance is entered.
7. A defendant appearing in person shall state in the memorandum Defendant's
addr ess fo r
of appearance his place of residence, or of business, and a place to be service
called his address for service, which shall be within one mile of the
Registry in which appearance is entered.
8. If the memorandum of appearance does not contain the address
Memorandum
irliegular ;
for service, it shall iIltb_e_recailld.If such address shall be illusory or acdress
ifctitious, the appearance may , - - aside by the Court or a Judge on ifctitious.
the appof
licationthulaintiff.
-
9. If two or more defendants in the same action appear by the same

solicitor and at the same time, the names of all the defendants so
appearing shall be inserted in the memorandum.
Defendants
appearing by
same solicitor.
10. The memorandum of appearance shall bein such of the Forms Memorandum
in Appendix D to these Rules as shall be applicable, with such varia- of appearance.
t ons as the nature of the case may require.
11. A defendant shall not later than the day following the day on Notice of
which he enters an appearance give notice of his appearance to the appearance.
plaintiff's solicitor, or, if the plaintiff sues in persory, 1 to the plaintiff
himself.
H.
12. (1) Where persons are sued as partners in the name of their
t
'EE
t
Partners.
firm, they shall appear individually in their own names; but all
subsequent proceedings shall, nevertheless, continue in the name of
the firm.
T
E
(2) Where a writ is served under Order 7 rule 10 upon a person No appearance
by
having the control or management of the partnership business, no except
partners.
appearance by him shall be Necessary unless he is a member of the ifrm
sued.
13. A defendant may appear at any time before , judgment. If he Time for
appear at any time after the time limited by the writ or notice of writ appearance.
for appearance, he shall not, unless the Court or a fudge shall otherwise order be entitled to any further time for clelivoring his defence
or for any other purpose than if he had appeared according to the writ.
L.R.O. 111973
!
LAWS OF GUYANA
50
[Subsidiary]
0. 10
Cap. 3:02
High Court
Any person other than a defcndant entering an appearance in,

Appearance of
person other
co mmpplliiaannccee with any rule of court shall do so in like manner as a
than a
defendant is required to enter an appearance under this Order.
defendant.
.., lt
,
Recovery of
land.
Landlord
appearing.
15. Any person not named as a defendant in a writ of summons for
the recovery of land may by leave of' the Court or a Judge appear and
defend, on filing an afifdavit showing that he is in possession of the
land, either by himself or by his tenant.
16. Any person appearing to defend an action for the recovery of
land as landlord in respect of property whereof he is in possession only

by his tenant shall state in his appearance that he appears as landlord.
,
Recovery of
land: perso n
not named
defendant.
17. Where a person not named as defendant in any writ of summons

for the recovery of land has obtained leave of the Court or a Judge to
appear and defend, he shall enter an appearance according to the
foregoing rules of this Order intituled in the action against the party
named in the writ as defendant, and shall forthwith give notice of such
appearance to the plaintiff's solicitor, and shall in all subsequent
proceedings be named as a party defendant to the action.
Recovery of
18. Any person appearing to a writ of summons for the recovery of

land shall be at liberty to limit his defence to a part only of the property
mentioned in the writ, describing that part with reasonable certainty in
his memorandum of appearance, or in a notice intituled in the action
and signed by him or his solicitor. Such notice shall be served upon
the plaintiff within four days after appearance ; and an appearance,
when the defence is not limited as above mentioned, shall be deemed
to be an appearance to defend for the whole.
land : limiting
defence.
Probate
intervention.
19. In Probate actions any person not named in the writ may
intervene and appear in the action on ifling an afifdavit showing how
he is interested:, in the estate of the deceased.
Setting aside
writ.
20. (1) An entry of appearance shall not constitute a submission

to the jurisdiction of the Court and it shall not be necessary to enter a
conditional appearane or an appearance under protest.
.)
(2) A defendant shall be entitled either before entering appearance or within seven days after entering appearance to take out and
serve a summons or serve notice of motion, to set aside the service
upon him of the writ or of notice of the writ or to discharge the order
authorising such service or to strike out the writ, on the ground that(a) the Court has no jurisdiction to determine all or part of
the plaintiff's claim; or
__
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LAWS OF GUYANA
High Court
Cap. 3:02
51
[Subsidiary]
(b) the issue or service of the writ was irregular ; or /

(c) an order giving leave to serve the writ or notice of the writ
out of the jurisdiction ought not to have been made; or
(d) the defendant has been served as a partner in a firm of
which he was not a partner or liable as such at any material time.
(3) After the service of such summons or notice of motion the

plaintiff shall not be entitled to obtain judgment in default- or take
any other step in the action without leave of the Court or a Judge.
ORDER 11
3 4
DEFAULT OF APPEARANCE
1. Where no appearance has been entered to a writ of summons for a Default of

nfantor
ra nce by
defendant who is an infant, or a person of unsound mind, the plaintiff appea
shall, before proceeding further with the action against the defendant, person of
unsound
apply to the Court or a Judge for an order that some Proper person mind
may be assigned guardian of such defendant, by whom he may appear Notice of
and defend the action. But no such order shall be made unless it application.
appears on the hearing of such application that the writ of summons
was duly served and that notice of such application was, after the
expiration of the time allowed for appearance, and at least six clear
days before the day in such notice named for hearing the application,
served upon or left at the dwelling house of the person with whom or
under whose care such defendant was at the time of serving such writ
of summons, and also (in the case of such defendant being an infant
not residing with or under the care of his father or guardian) served
upon or left at the dwelling house of his father or guardian, if any,
unless the Court or Judge at the time of hearing such 'application,
shall dispense with such last-mentioned service.
1
f'
1
2. Where any defendant fails to appear to a writ of summons, and

the plaintiff is desirous of proceeding upon default of appearance
under any of the following rules of this Order, or under Order 13 rule I
he_shall, where the writ of summons or notice in lieu thereof has been
served out of the jurisdiction, ifle an afifdavit of service.
Default of
appearance
where writ
served out of
jurisdiction.
3. Where the writ of summons is indorsed for a liquidated demand, Liquidated

and b u t
wrtnot
but is not a specially indorsed, writ, and the defendant fail,
S--oi orffi-e- -deni
deferiants, if more than one, fail to appear thereto, the plaintiff may specially
ifle a request for final judgment for any sum not exceeding the sum endorsed.
indorsed on the writ, together with interest at the rate, specified, if
any, or if no rate be specified, at the rate of six per cent per annum to
L.R.O. 111973
I
LAWS OF GUYANA
Cap. 3:02
52
[Subsidiary]
0.11
High Court
the date of the judgment, and costs, and on his ifling a certiifcate of the
Registrar that no appearance has been entered, together with an
afifdavit verifying the cause of action, the action shall be set down for
ifnal judgment in the next Bail Court List : provided that in actions by
a money-lender or an assignee for the recovery of money lent by the
money-lender or the enforcement of any agreement or security
relating to any such money, judgment shall not be given in default of
appearance unless the Court or Judge is satisifed that it is just and
equitable that judgment should be entered for the amount claimed and
that no further notice should be given to the defendant.
4. Where the writ of summons is indorsed for a liquidated demand,

onappearance of but is not a specially indorsed writ and there are several defendants, of
one of several
whom one or more appear to the writ, but another or others of them
defendants.
fail to appear, the plaintiff, may, on complying with the preceding
rule, obtain in like manner ifnal iudgment against the defendant or
defendants who have not appeared for any sum not exceeding that
indorsed on the writ, together with interest at the rate specified, if any,
or if none be speciifed at the rate of six per cent per annum to the date
of judgment, and the plaintiff may issue execution upon such judgment
without prejudice to his right to proceed with the action against the
defendant or defendants who have appeared.
Detention
goods.
Damages.
of
Several
defendants.
5. Where the writ is indorsed with a claim for pecuniary damages

only, or for detention of goods with or without a claim for pecuniary
damages, and the defendant fails, or all the defendants, if more than
one, fail to appear, the plaintiff may ifle a request for ifnal judgment
and on ifling a certiifcate of the Registrar that no appearance has been
entered together with an affidavit or afifdavits in support of his claim,
the action shall be entered in the next Bail . Court List. The judge shall
thereupon on the affidavit or afifdavits filed or such other evidence as
he may reqmire assess the value of the goods and the damages, or the
damages only as the case may be, in respect of the causes of action
disclosed by the indorsement on the writ of summons : provided that
the Judge may order a statement of claim or particulars to be filed and
verified before assessing any damages, and may order that the value
and amount of damages or either of them shall be ascertained in any
way which the Judge may direct.
6. Where the writ is indorsed as in the last preceding rule mentioned,
and there are several defendants, of whom one or more appear to the
writ and another or others of them fail to appear, the plaintiff may on
complying with the preceding rule, obtain in like manneffinal judgment against the defendant or defendants so failing to appgar without
prejudice to his right to proceed with the action against the other
i
,
i
LAWS OF GUYANA
1
High Court
[Subsidiary]
defendant or defendants but the Judge instead of assesing the value

of the goods and the damages or either of them, as the case may be or
ordering the same to be ascertained may order judgment to/ be
entered against the defendant or defendants suffering judgment by
default and direct that the value of the goods and the damages or
either of them as the case may be, be assessed against such defendant
or defendants at the same time as the trial of the action or issue therein
against the other defendant or defendants.
7. Where the writ is indorsed with a claim for pecuniary damages Detention of
only, or for detention of goods with or without a claim for pecuniary

damages, and is further indorsed for a liquidated demand, whether
specially or otherwise, and any defendant fails to appear to the writ,
the plaintiff may proceed in the manner set out in the preceding rules
of this Order and the Judge may give ifnal judgment for the debt or
liquidated demand, interest, the value of the goods and the damages,
or the damages only, as thcase may be, and costs against the defendant or defendants failing to appear or as regards the claim for the value
of the goods and damages, may order judgment to be egtereci and give
such directions as he may think fit as to assessing such value and
damages and the preceding rules of this Order shall apply so far as
they may be applicable.
i
1
g
a c)ds
a maies and
liquidated
demand.
In case no appearance shall be entered in an action for the Recovery of

recovery of land within the time limited by the writ for appearance or land.
if an appearance be entered but the defence be limited to part only, the
plaintiff shall be at liberty to file a reque . st for and obtain in Bail Court
a judgment that the person whose title is asserted in the writ shall
recover possession of the land, or of the part thereof to which the
defence does not apply. 11---'
Where the plaintiff has indorsed a claim for mesne proifts Mesne proifts.
arrears of rent, double value, or damages for breach of contract or
wrong or injury to the premises claimed, upon a writ for the recovery
of land, he may proceed to obtain judgment as in the last preceding
rule mentioned for the land ; and may proceed as in the other preceding
rules of this Order mentioned as to such other claim so indorsed.
9.
10. In any case to which rules 3'to 8 (inclusive) of this Order do not Judgment for
apply, in which the defendant fails, or all the defendants, if more than costs.
one, fail to appear, but in which by reason of payment, satisfaction
abatement of nuisance, or for any other reason it is unnecessary for
the plaintiff to proceed with the action, he may, on filing a request for a
judgment for costs, obtain in Bail Court such judgment : provided that
notice of such request shall be served in the manner in which service
L.R.O. 111973
LAWS OF GUYANA
54
High Court
Cap. 3:02
[Subsidiary]
0.12
of the writ has been effected or in such other manner as the Court or a
Judge shall direct.
jilt In any case in which a writ oLsumm_o_ns is not indorsed for a
quaeeman,orweresnorseoraquaeeman,
and also with some other claim, and the defendant or all the defenA
i dants, if more than one, fail . to appear thereto, the plaintiff may,
subject to the provisions of Order 13 'Where an account is claimed, on
ifling a Lrtifieate of non- appearance and a statement of claim, and

a ''regmtior hearing, have the 4ae tion enteron_ikte_Bail_cotirt
,
List for hearing ex parte and the Judge shall hear such action ex
forthwith or fix a day for stich hearing and in such case may
direct that notice of such fixture be served on the defendant by
registered post or otherwise and published in the Gazette by the
Registrar.
,Unliquidateci
demand.' i
Discretion as
to giving or
setting aside
judgment.
(7
4.\4
r
12. Where application for judgment is made pursuant to the
preceding rules of this Order the C ourt or a Judge instead of giving

judgment may make such order or give such directions as the Court or
Judge may think fit and where judgment has been obtained pursuant
to the preceding rules of this Order the Court or a Judge may set aside
or vary such judgment upon such terms as may be just.
L
-14 lit Ps - V #; . 'O'
12
N rgzv -
PROCEEDINGS IN SPECIALLY INDORSED WRITS
Parties to
appear.
Affidavit
verifying
claim.
Affidavit of
defence.
1. The parties to a specially indorsed writ shall appear in Bail

Court at the time named in the writ.
2. If the plaintiff intends to apply for final judgment he shall at the
time of filing the writ or at any time prior to applying for judgment file
an affidavit or affidavits made by himself or by any other person who
can sweafTiciSiliVery-16-the facts, verifying and establishing his claim,
and stating that in his belief there is no defence to -the action.
3. (I) If the defendant, or any defendant if there be more defendants than one, desire to defend the action, , he shall, not later than
eleven o'clock in -the forenoon of the day (not being a public holiday)
immediately preceding that fixed by the writ of summons for the
appearance of the defendant, file an affidavit of defence.
(2) The affidavit shall state whether the defence alleged goes to
the whole or to part only, and (if so) to what part of the plaintiff's
claim and shall contain a memorandum of the address for service of
LAWS OF GUYANA
High Court
55
Cap. 3:02
Rules of the Higlurt
[Subsidiary]
the defendant, which shall be some proper place within one mile of
the Registry.
(3) The defendant shall, forthwith after ifling the affidavit, serve
a copy thereof, containing such memorandum as aforesaid, on the
plaintiff.
(1) If both the plaintiff and the defendant appear, or the plaintiff
appears and the defendant does not appear, the plaintiff may, if he
has ifled an afifdavit verifying claim, apply to the Judge for ifnal
judgment, for such remedy or relief as the plaintiff may be entitled to
upon the statement of claim.
Application
for judgment.
4.
1
.
1
R).,S42 , 1,4
(2) The Judge may on any hearing under this Order give judgment for the plaintiff on his application : provided that if the defendant
by his affidavit shall satisfy the Judge that he has a good defence to the
action on the merits or shall disclose such facts as may be deemed
sufficient to entitle him to defend, the Judge shall give leave to defend,
subject to such terms, if any, as the Judge may impose or make such
order or orders as may be just or otherwise as the case may require.
(3) The judge may give leave to the plaintiff to ifle an afifdavit in
reply if the plaintiff alleges that he has documents to exhibit in
answer to the,allegations in the defendant's afifdavit or may order the
defendant, or in the case of a corporation any ofifcer thereof, to attend
and produce any leases, deeds, books or documents, or copies or
extracts therefrom.
(4) When the writ is indorsed with a claim for mesne profits or
for detention with a claim for pecuniary damages or for the value of the
chattel or for pecuniary damages, the Judge may assess the amount on
afifdavit or such other evidence as he may require, and give judgment
accordingly.
i
1
(5) Where the plaintiff's claim is for the delivery up of a speciifc

chattel (with or without a claim for the hire thereof or for damages
for its detention) the Judge may make an order for the delivery up of
the chattel without giving the defendant any option of retaining the
same upon paying the assessed value thereofand such order, if not
obeyed, may be enforced by a writ of attachment or a writ of delivery.
,
E
(6) Where the plaintiff's claim is for specific performance of a

contract for the sale or purchase of property the Judge may make such
orders for consequential accounts, inquiries and directions as to payment of purchase money, interest, damages and costs or otherwise as
the case may require.
1 14
i4otti f.^' c-t
4-01-
L.R.O. 111973
LAWS OF GUYANA
56
[Subsidiary]
0.12
Judgment for
part of claim.
Cap. 3:02
High Court
5. If it appears that the defence set up by the defendant applies only

to part of the plaintiff's claim, or that any part of the claim is admitted,
the plaintiff shall have judgment forthwith for such part of his claim
as the defence does not apply to or is admitted, subject to such terms,
if any, as to suspending execution, or the payment of the amount
levied or any part thereof into Court by the Marshal, the taxation of
costs, or otherwise, as the Judge may think fit. And the defendant
may be allowed to defend as to the residue of the plaintiff's claim.
Where one
defendant has
good defence
and the other
not.
6. If it appears to the Judge that any defendant has a good defence

to or ought to be p ermitted to defend the action and that any other
defendant has not such defence and ought not to be permitted to
defend, the former may be permitted to defend, and the plaintiff shall
be entitled to final judgment against the latter, and may issue execution
upon such judgment without prejudice to his right to proceed with his
action against the former.
Leave to
defend.
7. Leave to defend may be given unconditionally, or subject to such

terms as to giving security or time or mode of trial or otherwise as the
Judge may think fit.
Directions as
to trial.
8. Where leave, whether conditional or unconditional, is given to

defend, the Judge shall have power to make any interlocutory order
and to give all such directions as to the further conduct of the action
as he may think fit including directions that there be no further
pleadings, as to the place and mode of trial, as to the action being
tried speedily, and as to interlocutory applications, and may order the
action to pe forthwith set down for trial.
Claim
wrongly
indorsed.
NO11-
appearance of
parties.
i
I
9. If on any hearing under this Order it shall appear that any claim
which could not have been specially indorsed under Order 4 rule 6 has
been included in the indorsement on the writ the Judge may, if he shall
think ift, forthwith amend the indorsement by striking out such claim,
or may deal with any claim capable of being specially indorsed as if no
other claim had been included in the indorsement, and allow the action
to proceed on the residue of the, claim.
10. If neither the plaintiff nor the defndant appears at the time
named in the writ, the action shall be struck off the list, and no further
proceedings shall be had under the writ unless the Judge shall, on the
application of the plaintiff, direct that the action be placed again upon
the List : provided that if the defendant is not present at the application,
notice that the case has been placed again on the List and the date of
hearing shall be given by the Registrar to the defendant
(f
LAWS OF GUYANA
High Court
57
Cap. 3:02

I
11. If at the time named in the writ the defendant appears, but the
plaintiff does not appear, the Judge may (a) on the application of the
defendant strike the action off the list ; or (b) where the defendant has
ifled and served an afifdavit of defence give judgment dismissing the
action or give leave to defend; or (c) make such other order as he may
think just.
[Subsidiary]
0.13
Where
doesnot
rlaintiffalone
appear.
12. The Judge may at the request of the parties or in any case in Speedy
which he considers it just and equitable treat the application as the

trial of the action and may thereupon or at such other time as he may
appoint hear and determine the action subject to the payment of the
prescribed fees for hearing and otherwise.
sulmary
ni
tria
13. A special list (to be called the Short Cause List) shall be kept Short Cause
for the trial of causes in which leave to defend has been given under this
Order and in which the Judge is of the opinion that a prolonged trial
will not be requisite ; and the Judge may, if he thinks it advisable, order
any such action to be put into such list subject to the payment of the
prescribed fees for hearing and otherwise. Where the plaintiff has
obtained judgment subject to a suspension of execution pending the
trial of a counterclaim this rule shall apply to the counterclaim as if it
were an action.
List'
14. (1) The costs of and incident to all applications imder this
Order shall be dealt with by the Judge at the hearing, who shall order
by and to whom, and when the same shall be paid, or may refer them
to the Judge at the trial: provided that in case no trial afterwards takes
place, or no order as to costs is made, the costs are to be costs in the
cause.
Costs.
(2) If the plaintiff applies for ifnal judgment under this Order
when the case is not within the Order, the application may be dismissed with costs to be paid forthwith by the plaintiff.
15. Any judgment given or order made in default of appearance of Setting aside
ordertv
ent or
plaintiff or defendant under this Order may be set aside or varied by iudgni
the Court or a Judge on the application of the party against whom the default.
judgment or order was given or made on such terms as to the payment
of costs or otherwise as may be just.
ORDER 13
k
APPLICATION FOR AN ACCOUNT
1. Wher ea writ of summons has been indorsed for an account under

Order 4 rule 8 or where the indorsement on a writ of summons involves
taking an account, if the defendant either fails to appear or does not
after appearance, by afifdavit or otherwise, satisfy the Court or a
Judge that there is some preliminary question to be tried, an order for
Order for
account.
L.R.O. 111973
I
I
I
LAWS OF GUYANA
58
Cap. 3:02
High Court
[Subsidiary]
0.14
the proper accounts, with all necessary and usual inquiries and directions, shall be forthwith made.
Afifdavit.
2. An application for such order as mentioned in the last preceding

rule shall be supported by an afifdavit, when necessary, ifled on behalf
of the plaintiff, stating concisely the grounds of his claim to an account.
The application may be made at any time after the time for entering an
appearance has expired.
ORDER 14
ARRANGEMENT OF RULES
PARTIES
RULE
Parties claiming jointly, severally or in the alternative may be joined.

2. Action in name of wrong plaintiff.
3. Counter-claim Mis-joinder.
4. All persons may be joined as defendants.
5. Defendant need not be interested in all the relief claimed.
6. Joinder of persons severally or jointly and severally liable.
7. Plaintiff in doubt as to the person from whom redress is to be sought.
8. Numerous persons.
9. Power to approve compromise.
10. Beneficiaries need not be joined.
11. Infant. Next Friend. Guardian ad litem.
12. Partners.
13. Lunatics and persons of unsound mind.
14. Misjoinder or non-joinder.
15. Application to add or strike out.
16. Where defendant added.
1.
THIRD-PARTY PROCEDURE
17. Third-party notice, form issue and effect of.

18. Appearance of third-party.
19. Non-appearance of third-party.
20. Default of appearance by third-party. Judgment against.
21. At trial.
22. Application for directions.
23. Direction: what may be given.
24. Costs.
25. Fourth and subsequent parties.
26. Co-defendants.
ADMINISTRATION AND EXECUTION OF TRUSTS
27. Next of kin, Class.

28. Power to appoint person to represent absent parties.
29. Persons who need not be served.
)
*
LAWS OF GUYANA
k
59
Cap. 3:02
High Court
[Subgidiary]
RULE
31. Executor, administrator, trustee.

32. Conduct of action.
33. Notice of judgment to be served on certain persons. Effect of.
34. Order for liberty to attend not necessary. Appearance to be entered.
35. Memorandum of service to be entered in Registry.
36. Form of Memorandum.
37. Service of notice of judgment on infants, etc.
38. Where no legal personal representative Court may appoint or
dispense with.
39. Administration. Appearances at Chambers in respect of creditor's
claims. ,
ORDER 14
PARTIES
E
(
LA V 1
Ali,
Na
5 3 cci tik,
4'G^
--r,N1L4-.te
1. All persons may be joined in an action as plaintiffs in whom the Parties

right to relief in respect of or arising out of the same transaction or ?Iqjrning
Jontly,
series of transactions is alleged to exis't, whether jointly, severally or in severally or in
may
the alternative, where if such persons brought separate actions any thearative
common question of law or fact would arise : provided that4f upon the joined.
application of any defendant it shall appear that such joinder may
embarrass or delay the trial of the action, the Court or a Judge may
order separate trials, or make such other order as may be expedient,
and judgment may be given for such one or more of the plaintiffs as
may be found entitled to relief for such relief as he or they may be
entitled to without amendment: but the defendant, though unsuccessful, shall be entitled to his costs occasioned by any person or persons
being joined who shall not be found entitled to relief unless the Court
or Judge shall otherwise order.
),
k
2. Where an action has been commenced in the name of the wrong

person as plaintiff, or where it is doubtful whether it has been commenced in the name of the right plaintiff, the Court or a Judge may, if
satisifed that it has been so commenced through a bona fide mistake,
and that it is necessary for the determination of the real matter in
dispute so to do, order any other person to be substituted or added as
plaintiff, upon such terms as may be just.
Action in
nameof
wrong
plaintiff.
3. Where in an action any person has been improperly or un- Counterclaim

necessarily joined as a co-plaintiff, and a defendant has set up a M is-joinder.
counterclaim or set-off, he may obtain the beneift thereof by establishing his set-off or counterclaim as against the parties other than the
L.R.O. 111973
_.
_ _
---
LAWS OF GUYANA
High Court
Cap. 3:02
60
0 ` q04 0.14;k g;it,,
g
All persons
may be joined
as defendants.
I
EI
at' r
ac
Defendant
need not be
interested in
all the relief
claimed.
,
I
I
I
i
co-plaintiff so joined, notwithstanding the mis-joinder of such

plaintiff or any proceeding consequent thereon.
4. All persons may be joined as defendants against whom the right
to any relief is alleged to exist, whether jointly, severally or in the
alternative and judgment may be given against such one or more of
the defendants as may be found to be liable according to their respective liabilities, without any amendment.
e 1
t
4t'
i
fr'41 4
it- I, 0 6. - q
5. It shall not be necessary that every defendant shall be interested
as to all the reliefpray ed for , or as to every cause of action included in
any proceeding against him; but the Court or a Judge may make such
order as may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings
in which he may have no interest.
Joinder of
persons
severally or
jointly and
severally
liable.
6. The plaintiff may, at his option, join as parties to the same action
all or any of the persons severally, or jointly and severally liable on
any one contract, including parties to bills of exchange and promissory
notes.
Plaintiff in
doubt as to
the person
from whom
redress is to
be sought.
7. Where the plaintiff is in doubt as to the person from whom he is

entitled to redress, he may join two or more defendants to the intent
that in such action the question as to which, if any, of the defendants is
liable, and to what extent, may be determined as between such parties.
Numerous
persons.
8. Where there are numerous persons having the same interest in

one cause or matter, one or more of such persons may sue or be sued,
or may be authorised by the Court or a Judge to defend in such cause
or matter, on behalf of or for the beneift of all persons so interested.
Power to
approve
compromise.
9. Where, in any proceedings concerning (a) the estate of a deceased person, (b) property subject to a trust, or (c) the construction of
a written instrument, a compromise is proposed and some of the
persons who are interested in or who may be affected by the compromise are not parties to the prodings (including unborn or
unascertained persons), but-(i) there is some other person ,in the same interest before the
Court who assents to the compromise or on whose behalf the
Court sanctions the compromise ; or
(ii) the absent persons are represented by a person appointed
under rule 28 of this Order, who so assents;
the Court or Judge, if satisifed that the compromise will be for the
benefit of the absent persons and that it is expedient to exercise this
"
'
LAWS OF GUYANA
High Court
Cap. 3:02
61
[Subsidiary]
power, may approve the compromise and order that the same shall be
binding on the absent persons, and they shall be bound accordingly
except where the order has been obtained by fraud or non-disclosure
of material facts.
10. If any plaintiff sues, or defendant is sued in any representative
capacity it shall not ordinarily be necessary to join any of the persons
beneficially interested ; but the Court or a Judge may, at any stage of
the proceedings, order any of such persons to be made parties to the
action either in addition to or in lieu of the previously existing parties.
13eneficiaiies
Teedsot be
11. (1) An infant may sue by a next friend or defend by a guardian Infant.
Next friend.
ad litem.
Guardian
(2) Before the name of any person shall be used in any cause or
matter as next friend of any infant, such person shall sign a written
consent for that purpose, and the consent shall be filed in the proceedings.
(3) An infant shall not enter an appearance except by his
No order for the appointment of such guardian
guardian
shall be necessary, but the solicitor for the defendant or if there be no
such solicitor then a ift and proper person approved by the Registrar
shall make and ifle an afifdavit in Form No. 1 in Appendix 4 to these 1.
Rules with such variationsa
s circumstances may require.
1
i
12. Any two or more persons claiming or being liable as co-
4-4
Partners.
partners, and carrying on business within the jurisdiction may sue or

be sued in the names of the respective ifrms (if any) of which such
persons were co-partners at the time of the accruing of the cause of

action. Any party to an action may in such case apply ex parte to the
Court or a Judge for a statement of the names and addresses of the
persons who were, at the time of the accruing of the cause of action,
co-partners in any such firm to be furnished in such manner and
veriifed on oath or otherwise as the Court or Judge may direct.
13. Lunatics and persons of unsound mind may sue as plaintiffs by

their committee or next friend and may in like manner defend by their
committee esr4or guardians appointed for that purpose.
k
Cr
Lunatics and
persons oo f
unsound
mind.
14. No action shall be defeated by reason

of the mis-j oinder or non- mis-joinder or
''
joinder of parties, and the Court may, in every acti on deal with the non-joinder.
,cs iflomatter in controversy as far as regards the rights and interests of the M z,-364-\
parties actually before it. The Court or a Judge may, at any stage of a f i ).) I
4fthe proceedings, either upon or without the application of either party
and on such term s as may appear to the Court or Judge t o be just,
'
0
)L
t- 141
_-
ev.A.4, .
,i,_
,h, p-itz sod

E
._C __
-_12.
otrrs-*k-.- C-4. I
t -i
t t
-,
-16
..A.-.
1r. )
41...
r
,
t,
,,,,,:,..L,-,:,-3t.,,,e,.
Q
1 IC 1 4 0 1 .e- roat
t-11
e..
*CA
r-0) L. 11
L st t
r i 2
'L s' C"Lrttil'4 -a-at /A-arl"- 511j1-- *t/
__ _ _ ___ Y_-,<L ):s.
[Subsidiary]
order that the names of any parties improperly joined, whether as

plaintiffs or defendants, be struck out, and that the names of any
parties, whether plaintiffs or defendants, who ought to have been
joined, or whose presence befoe
r the Court may be necessarXin order
to enable the Court effectually and completely to adjudicate upon and
settle_all the questions involved in the action, be added. No
shall be added as a plaintiff or as the next friend of a plaintiff under any
disability, without his own consent in writing thereto. Every person , i
whose name is so added as defendant shall be served with a writ of
summons or notice in manner hereinafter mentioned, or in such
manner as may be prescribed by any special order, and the proceedings
as against such party shall be deemed to have begun only on the
service of such writ or notice.
Application
to add or
strike out.
15. Any application to add or strike out or substitute a plaintiff or

a defendant may be made to the Court or a Judge at any time before
trial, or at the trial of the action in a summary manner.
Where
defendant
added .
16. Where a defendant is added or substituted, the plaintiff shall,

unless otherwise ordered by the Court or Judge, ifle an amended writ
of summons, and serve such new defendant with a copy of such
amended writ or notice in lieu of service thereof in the same manner
as original defendants are served, and the proceedings shall be continued as if the new defendant had originally been made a defendant.
',
H1RD-PART PRO-E-DLRE
Thirdparty
notice, form
issue and
effect of.
17.. (1) Where in any action a defendant claims as against any other
person not already a party to the action (in this Order called the thirdparty)
(a) that he is entitled to contribution or indemnity; or
(b) that he is entitled to any relief or remedy relating to or
connected with the original subject matter of the action, and
substantially the same as some relief or remedy claimed by the
plaintiff; or
...,
(c) that any question or issue relating to or connected with

the said subject matter is substantially the same as some question
or issue arising between the plaintiff and the defendant, and
should properly be determined not only as between the plaintiff
and the defendant, but as between the defendant and the third
party or between any or either of them, he may, by leave of the
Court or a Judge on an ex pa te application supported by affidavit
issue and serve a notice (hereinafter called a third-party notice).
t.
,-
.4/
/
LAWS OF GUYANA
High Court
63
C ap. 3:02
[Subsidiary]
(2) A third-party notice shall be issued in the sarne way as a

writ of summons, and a copy of such notice shall be served on such
person according to the rules relating to the service of writs of
summons.
(3) The notice shall state the nature and grounds of the claim,
or the nature of the question or issue sought to be determined and the pi Xnature and extent of any relief of remedy claimed. The notice shall, (^ t..^.,;
unless otherwise ordered by the Court or a Judge, be served within the
time limited for delivering his defence or where the notice is served by a (4)
defendant to a counterclaim, the reply. Such notice may be in the form
or to the effect of F9cm No -,2t iti'Appendix E to these Rules,with such p..)-cganc6 may require, and therewith shall be served
variations as circu
a copy of the writ of summons or originating summons and of any
pleadings ifled in the action.
,
_
6
(4) The third party shall, as from the time of the service upon
him of the notice, be a party to the action with the same rights in
respect of his defence against any claim made against him and otherwise as if he had been duly sued in the ordinary way by the defendant.
1
.
18. If the third party, who is served as mentioned in the preceding A6pearance of
against the third-party.

rule, desires to dispute the plaintiff's claim in the action
defendant on whose behalf the notice has been given -, or his own
liabilit to the defendant, he must enter an appearancen i Form No. 2 0.
;;oe Rules within ten days or withintsuch further

444 07.
ed by the Court or a Judge and specified in the
time as may
notice:
Provided that a third party failing to appear within such time may
apply to the Court or a Judge for leave to appear, and such leave may
be given upon such terms, if any, as the Court or Judge shall think fit.
19. If a third party duly served with a third-party notice does not Nonenter an appearance or makes default in delivering any pleading appeara nce of
third-paty.
which he has been ordered to deliver, he shall be deemed to admit the
validity of and shall be bound by any judgment given in the action,
whether by consent, default or otherWise, and by any decision thereon
on any question speciifed in the notice, and when contribution or
indemnity or other relief or remedy is claimed against him in the
notice, he shall be deemed to admit his liability in respect of such
contribution or indemnity or other relief or remedy.
20. Where a third party makes default in entering an appearance or
appearanee
Defaul
t of by
rclgment
delivering any pleading which he has been ordered to deliver, in case third-party.
the defendant giving the notice suffers judgment by default, such against.
L.R.O. 111973
,
LAWS OF GUYANA
[Subsidiary]
0.14
Rules of theHigh Court
defendant shall be entitled at any time, before or after satisfaction of

the judgment against himself, to apply to the Court or a Judge to enter
judgment against the third party to the extent of any contribution or
indemnity claimed in the third-party notice or by leave of the Court or
Judge to enter such judgment in respect of any other relief or remedy
claimed as the Court or a Judge shall direct. After satisfaction the
application may be made ex
I
i
Provided that it shall be lawful for the Court or Judge to set aside
or vary such judgment against the third party upon such terms as may
seem just.
At trial.
I
i
21. (1) Where the action is tried, the Judge who tries the action
may, at or after the trial, enter such judgment as the nature of the case
may require for or against the defendant giving the notice, against or
for the third party, and may grant to the defendant or to the thirdparty any relief or remedy which might properly have been granted if
the third party had been made a defendant to an action duly instituted
against him by the defendant :
Provided that execution shall not be issued without leave of the
Court or a Judge until after satisfaction by the defendant of the
judgment against him.
_
(2) Where the action is decided otherwise than by trial, the

Court or Judge may, on application by motion or summons, make
such order as the nature of the case may require, and, where the
plainti ff has recovered judgment against the defendant, may order
such judgment as may be just to be entered for or against the defendant
giving notice against or for the third-party.
Application
for directions.
22. If the third party appears pursuant to the third-party notice,

the defendant giving the notice ' may, after serving notice of the
intended application on the plaintiff, the third-party and any other
defendant, apply to the Court or a Judge for directions and the Court
or Judge may
,
r
(a) where the liability of the third party to the defendant giving
the notice is established on the hearing of the application order
such judgment as the nature of the case may require to be entered
against the third party in favour of the defendant giving the
notice ; or
i
(b) if satisfied that there is a question or issue proper to be tried

as between the plaintiff and the defendant and the third-party or
between any or either of them as to the liability of the defendant
to the plaintiff or as to the liability of the third-party to make any
(
1
LAWS OF GUYANA
, Cap. 3:02
High Court
65
[Subsidiary]
contribution or indemnity claimed, in whole or in part, or as to

any other relief or remedy claimed in the notice by the defendant
or that a question or issue stated in the notice should be determined not only as between the plaintiff and the defendant but as
between the plaintiff, the defendant and the third party or any or
either of them, order such question or issue to be tried at or after
the trial of the action and in such manner as the Court or Judge
may direct ; or
a^,--,
(c) dismiss the application.

23. The Court or a Judge upon the hearing of the application Direction:
mentioned in the last preceding rulcmay, if it shall appear desirable to given
vhatmaY be
do so, give the third party liberty to defend the action either alone or
jointly with the original defendant, upon such terms as may be just, or
to appear at the trial and take such part therein as may be just, and
generally may order such proceedings to be taken, pleadings or documents to be delivered, or amendments to be made, and give such
directions as to the Court or Judge shall appear proper for having the
question and the rights and liabilities of the parties most conveniently
determined and enforced, and as to the mode and extent in or to which
the third party shall be bound or made liable by the decision or
judgment in the action.
24. The Court or a Judge may decide all questions of costs as Costs.
between a third party and other parties to the action, anq may order
any one or more of them to pay the costs of any other or others, or
give such directions as to costs as the justice of the case niay require.
25. (1) Where a third party makes as against any person not Fourth and
subserent
already a party to the action such a claim as is deifned in rule 17 of this Partte
Order, the provisions of this Order regulating the rights and procedure
as between the defendant and the third party shall apply mutatis
mutandis as between the third party and such other person, and the
Court or Judge may give leave to such third party to issue a third-party
notice, and the preceding rules of this Order shall apply 'awaits
mutandis, and the expression "third-party notice", and "third party"
shall apply to and include every notice so issued and every person
served with such notice respectively.
I
0
(2) Where a person served with a notice under this rule by a

third party in turn makes such a claim as is deifned in rule. 17 of this
Order against another person not already a party to the action, this
Order as applied by this rule shall have effect as regards such further
person and any other person or persons so served and so on successively.
L.R.O. 111973
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Codefendants.
Cap. 3:02
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y
26. (1) Where a defendant claims against another defendant

(a) that he is entitled to contribution or indemnity; or
(b) that he is entitled to any relief or remedy relating to or
connected with the original subject-matter of the action and
substantially the same as some relief or remedy claimed by the
plaintiff; or
(c) that any question or issue relating to or connected with
the said subject-matter is substantially the same as some question
or issue arising between the plaintiff and the defendant making
the claim and should properly be determined not only as between
the plaintiff and the defendant making the claim but as between
the plaintiff and that defendant and another defendant or between any or either or them;
the defendant making the claim may without any leave issue and serve
on such other defendant a notice making such claim or specifying such
question or issue.
(2) No appearance to such notice shall be necessary and the
same procedure shall be adopted for the determination of such claim,
question or issue between the defendants as would be appropriate
under this Order if he were a third party.
(3) Nothing herein contained shall prejudice the rights of the
plaintiff apinst any defendant to. the action.
ADMINISTRATION AND EXECUTION OF TRUSTS
Next of kin.
Class.
27. In any case in which the right of the next of kin or a class shall
depend upon the construction which the Court or a Judge may put
upon an instrument, and it shall not be known or shall be difficult to
ascertain who are such next of kin or class, and the Court or Judge
shall consider that in order to save expense or for some other reason
it will be expedient to have the questions of construction determined
before such next of kin or class shall have been ascertained by means
of enquiry or otherwise, the Court or Judge may appoint one or
more persOns to represent such next of kin or class, and the judgment
or order of the Court or Judge in the presence of such persons shall be
binding upon the next of kin or class so represented.
Power to
appoint
person to
represent
absent parties.
28. In any other case in which any next of kin or class shall be
interested in any proceedings, the 'Court or Judge may, if, having
regard to the nature and extent of the interest of such persons or any
of them, it shall appear expedient on account of the difficulty of
.
1
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ascertaining such persons, or in order to save expense, appoint one or

more persons to represent all or any of such next of kin or class, and
the judgment or order of the Court or Judge in the presence of the
persons so appointed shall be binding on the persons so represented.
29. (1) Any residuary legatee or next of kin entitled to a judgment Persons who
ot be
or order for the administration of the estate of a deceased person, may nee
s erv
have the same without serving the remaining residuary legatees or
next of kin.
(2) Any legatee interested in a legacy charged upon immovable
property and any person interested in the proceeds of immovable
property directed to be sold, and who may be entitled to a judgment
or order for the administration of the estate of a deceased person, may
have the same without serving any other legatee or person interested
in the proceeds of the property.
(3) Any residuary devisee or heir entitled to the like judgment
or order, may have the same without serving any co-residuary devisee
or co-heir.
(4) Any one of several cestuis que trust under any deed or
instrument entitled to a judgment or order for the execution of the
trusts of the deed or instrument, may have the same without serving
any other cestui que trust.
30. In all cases of actions for the prevention of waste or otherwise Waste.
for the protection of property, one person may sue oil , behalf of
himself and all persons having the same interest.
31. Any executor, administrator or trustee entitled thereto may Executor,
have a judgment or order against any one legatee, next of kin, or cestui administrator,
trustee.
que trust for the administration of the estate or the execution of the
trusts.
.
,
32. The Court or a Judge may require any person to be made a Conduct of
party to any action or proceeding, and may give the cond uct of the action.
action or proceeding to such person as it or he may think lit, and may
make such order in any particular case as they or he may think just
for placing the defendant on the record on the same footing in regard
to costs as other parties having a common interest with him in the
matters in question.
33. Whenever in any action for the administration of the estate of a Notice of
ent
on to be
deceased person or the execution of the trusts of any deed or instru- s e rve
j.udgt
ment, or for the sale of any immovable property a judgment or an certain
persons.
order has been pronounced or made-Effect of.
L.R.O. 111973
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(a) under Order 13; or

(b) under Order 29 ; or
(c) affecting the rights or interests of persons not parties to the
action ;
P
T
the Court or a Judge may direct that any persons interested in the
estate or under the trust, or in the immovable property shall be served
with notice of the judgment or order ; and after such notice such
persons shall be bound by the proceedings in the same manner as if
they had originally been made parties, and shall be at liberty to attend
the proceedings under the judgment or order. Any person so served
may, within one month after such service, apply to the Court or
Judge to discharge, vary or add to the judgment or order.
Order for
liberty to
attend not
necessary.
Appearance to
be entered.
34. It shall not be necessary for any person served with notice of
any judgment or order to obtain an order for liberty to attend the
proceedings under such judgment or order, but such person shall be at
liberty to attend the proceedings upon entering an appearance in the
Registry in the same manner, and subject to the same provisions, as a
defendant entering an appearance.
Memorandum
35. A ri emorandum of the service upon any person of notice of the

judgment or order in any action under rule 33 of this Order shall be
entered in the Registry upon due proof by affidavit of such service.
Such memorandum shall be in Form No. 3 in Appendix E to these
Rules.
fserviet
13
e ent ered 1n
)
Registry.
Form of
Memorandum.
36. Notice of a judgment or order served pursuant to rule 33 of this

Order shall be intituled in the action and there shall be indorsed
thereon a memorandum in Form No. 4 in Appendix E to these Rules. ). I 0
Service of
notice of
judgment on
infants, etc.
37. Notice of a judgment or order on an infant or person of unsound mind not so found by inquisition shall be served in the same
manner as a writ of summons in an action.
Where no
legalpersonal
rep resentative
Court may
appoint or
dispense with.
38. If in any cause, matter or other proceeding it shall appear to

t he Court or a Judge that any deceased person who was interested in
the matter in question has no legal personal representative, the Court
or a Judge may proceed in the absence of any person representing the
estate of the deceased person or may appoint some person to represent
his estate for all the purposes of the cause, matter or other proceeding
on such notice to such person, if any, as the Court or a Judge shall
think ift, either specially or generally by public advertisement, and the
order so made, and any order consequent thereon, shall bind the
estate of the deceased person in the same manner in every respect as
,
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if a duly constituted legal personal representative of the deceased had

been a party to the cause, matter or proceeding.
--
39. In any cause or matter for the administration of tile estate of a Administradeceased person, no party other than the executor or administrator tion.
Appearance at
shall, unless by leave of the Court or a Judge, be entitled to appear Chambers in
res rete
either in Court or in Chambers on the claim of any person not a party cregtoros
to the cause or matter against the estate of the deceased person in claims.
respect of any debt or liability. ThcCourt or a Judge may direct or give
liberty to any other party to the cause or matter to appear, either in
addition to or in the place of the executor or administrator, upon such
terms as to costs or otherwise as it or he shall think ift.
ORDER 15
CHANGE OF PARTIES
1. A cause or matter shall not become abated by reason of the

marriage, death or insolvency of any of the parties, if the cause of
action survive or continue, and shall not become defective by the
assignment, creation or devolution of any estate or title pendente lite;
and whether the cause of action survives or not, there shall be no
abatement by reason of the death of either party between the
conclusion of the hearing and the giving of judgment, but judgment
may be given notwithstanding the death.
bv,
2. In case of the marriage, death or insolvency, or devolution of

.6 0
,
rc
estate by operation of law, of ariy party to a cause or matter, the

Court or a Judge may, if it be deemed necessary for the complete
settlement of all the questions involved, order that he husband,
personal representative, assignee or other successor in iiAerestif any,
of such party be made a party, or be served with notice in such manner
and form as hereinafter prescribed, and on such terms as the Court or
Judge shall think just, and shall make such order for the disposal of
the cause or matter as may be just.
3. In case of an assignment, creation or devolution of any estate or

title pendente lite, the cause or matter may be continued by or against
the person to or upon whom such estate or title has come or devolved.
4. Where by reason of marriage, death or insolvency, or any other

event occurring after the commencement of a cause or matter, and
causing a change or transmission of interest or liability, or by reason
of any person interested coming into existence after the commencement of the cause or matter, it becomes necessary or desirable that any
Action not
abatedhere
causeor
action
survives.
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Successor in
interest may
be made a
party,
Continuance
of cause.
Order to
carry on
proceedings.
L.R.O. 111973
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^-pe son not already a party should be made a party, or that any person
already a party should be made a party in another capacity, an order
that the proceedings shall be carried on between The continuing
parties, and such new party or parties, may be obtained ex parte on
application to the Court or a Judge, upon an allegation of such change,
or transmission of interest or liability, or of any such person interested
i
Service of
order to
continue.
1
I
5. An order obtained as in the last preceding rule mentioned shall,
unless the Court or a Judge otherwise directs, be served upon the

continuing party or parties, or their solicitors and also upon each such
/ new party, unless the person making the application be himself the
only new party, and the order shall from the time of such service,
subject nevertheless to the next tWo following rules be binding on the
persons served therewith, and every person served therewith, who is
not already a party to the action, shall be bound to enter an appearance
thereto in Form No. 3 in Appendix D to these Rules within the same
time and in the same manner as if he had been served with a writ of
summons.
Application to
discharge
order by
person under
no disability
or having a
guardian.
6. Where any person who is under no disability or under no

disability other than marriage in community of property, or being
under a disability other than marriage in community of property, but
having a guardian ad litem in the cause or matter, is served with an
order under rule 4 of this Order, such person may apply to the Court
or, a Judge to discharge or vary such order at any time within twelve
days from the service thereof.
By person
under
disability,
having no
guardian.
7. Where any person being under any diSability other than marriage
in Comtnunity of property, and not having a guardian ad litem in the
cause or matter, is served with an order tinder rule 4 of this Order, such
person may apply to the Court or a Judge to discharge or vary such
order at any time within twelve days from the appointment of a
guardian
for such person, and until such period of twelve days
shall have expired such order shall have no force or effect as against
such person.
Order to
compel
plaintiff to
proceed.
8. When the plaintiff or defendant in a cause or matter dies and the

cause of action survives, but the person entitled to proceed fails to
proceed, the defendant (or the person against whom the cause or matter
may be continued) may apply by summons for an Order to compel
the plaintiff (or the person entitled to proceed) to proceed within such
time as may be ordered : and; in : default of such proceeding, judgment
may be entered for the defendant, or, as the case may be, for the
person against whom the cause or matter might have been continued ;
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High Court
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[Subsidiary]
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and in such case if the plaintiff has died, execution may issue as in the
case provided for by Order 36 rule 28.
9. Nothing in this Order shall prevent any representative of a Right of

deceased person, or other person upon whom any right of action or withdrawal.
defence may have devolved, from withdrawing any cause, or matter
or defence in like manner, and subject to the like conditions as in the
case of any other party.
0
0
10. Where any cause or matter becomes abated or in the case of Solicitor for
ita!tit ift; to .r
any such change of interest as is by this Order provided for, the snoie
solicitor for the plaintiff or person having the conduct of the cause or abatement.
matter, as the case may be, shall certify the fact to the Registrar, who
shall cause an entry thereof to be made in the Cause Book.
11. Where any cause or matter shall have been standing for one Abated cause,
tclbe
year in the Cause Book marked as Labated", or standing over generally,truout.
such cause or matter at the expiration of the year shall be struck out of
the Cause Book.
ORDER 16
!
JOINDER OF CAUSES OF ACTION
1. Subject to the following rules of this Order, the plaintiff may All causes of
It may be
unite in the same action several causes of action; but if it appear to the jomoeci.
Court or a Judge that any such causes of action cannot be conveniently
tried or disposed of together, the Court or Judge may order separate
trials of any such causes of action to be had, or may make such other
order as may be necessary or expedient for the separate disposal
thereof.
A
2. Claims by an assignee in insolvency as such shall not, unless by

leave of the Court or a Judge, be joined with any claim by him in any
other capacity.
Claims by
assignee.
3. Claims by or against husband and wife may be joined with

claims by or against either of them separately.
Husband and
wife.
4. Claims by or against an executor or administrator as such may

be joined with claims by or against him personally, provideg the last
mentioned claims are' alleged to arise with reference to the estate in
respect of which the plaintiff or defendant sues or is sued as executor
or administrator.
Executor and
administrator.
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Claims by
joint
plaintiffs.
5. Claims by plaintiffs jointly may be joined with claims by them or

any of them separately against the same defendant.
11
Rules 1, 7
and 8.
6. The last three preceding rules shall be subject to rules 1, 7 and 8

of this Order.
Remedy for
mis-joinder.
7. Any defendant alleging that the plaintiff has united in the same
action several causes of action which cannot be conveniently disposed
of together, may at any time apply to the Court or a Judge for an
order confining the action to such of the causes of action as may be
conveniently disposed of together.
Order for
exclusion.
8. If, on the hearing of such application as in the last preceding

rule mentioned, it shall appear to the Court or a Judge that the causes
of action are such as cannot all be conveniently disposed of together,
the Court or a Judge may order any of such causes of action to be
excluded, and consequential amendments to be made, and may make
such order as to costs as may be just.
[Subsidiary]
0.17
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ORDER 17
RULES OF PLEADING
Delivery of
pleadings.
1. (1) The plaintiff shall, subject to the provisions of Order 18, and
at such time and in such manner as therein prescribed, deliver to the
defendant a statement of his claim, and of the relief or remedy to
which he claims to be entitled.
(2) The defendant shall, subject to Order 19, and at such time
and in such manner as therein prescribed, deliver to the plaintiff his
defence, set-off or counterclaim, (if any).
(3) The plaintiff shall, subject to Order 21, and at such time and
in such manner as therein
deliver to the defendant his
reply, (if any), to such defence, sevi-off or counterclaim.
(4) The time prescribed for the delivery of a pleading may be
enlarged by consent in writing or by the Court or a Judge.4
(5) Such pleadings shall be as brief as the nature of the case will
admit, and the taxing officer, in adjusting the costs of the action, shall,
at the instance of any party, or may without any request, inquire into
any unnecessary prolixity, and order the costs occasioned by such
prolixity to be borne by the party,chargeable with the same.
Copy to be
ifled
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2. Every pleading shall be prepared and siggest in_cluplicate. The

duplicate original shall be delivered to the opposite party and the
LAWS OF GUYANA
73
Cap. 3:02
High Court
[Subsidiary]
original shall forthwith thereafter and within the time allowed for
delivering such pleading, be ifled in the Registry with an indorsement
thereon of the time, place and particulars of the delivery of the
duplicate original.
i LA., ,
N
'
if
.
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3. Subject to Order 19 rule 16, a defendant in an action may set off, Set-off and
or set up by way of counterclaim against the claims of the plaintiff, counterclaim.
any right or claim, whether such set-off or counterclaim sound in
damages or not, and such set-off or counterclaim shall have the same
effect as a cross-action, so as to enable the Court to pronounce a ifnal
judgment in the same action, both on the original and on the crossclaim.
4. Every pleading shall contain, and contain only, a statement in a
summary form of the material facts on which the party pleading relies
for his claim or defence, as the case may be, but not the evidence by
which they are to be proved, and shall, when necessary, be divided
into paragraphs numbered consecutively. Dates, sums and numbers
shall be expressed in figures and not in words.
Pleading to
Ltate
nlaterial
cts ancinot
evidence.
t;
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5. (1) The signature of counsel shall not be necessary to a pleading; Pleadings.

ito w t be
but where pleadings have been settled by counsel they shall bsigned sneci
by him, and if not so settled they shall be signed by the solicitor.
(2) Where a party sues or defends in person the pleadings shall

be signed by him.
(3) In any cause or matter where under any Act or rule, a
barrister or a solicitor is entitled to act alone, it shall be sufifcient if
the pleading is signed by a barrister or a solicitor as the case may be.
6. In all cases in which the party pleading relies on any misrepre- Particulars to
sentation, fraud, breach of trust, wilful default or undue inlfuence, and be given
in all other cases in which particulars may be necessary, particulars w lre
(with dates and times, if necessary) shall be stated in the pleading:
Provided that, if the particulars be of debt, expenses, or damages,
and exceed three folios, the fact must be so stated, with a reference to
full particulars already delivered or to be delivered with the pleading.
7. A further and better statement> of the nature of the claim or Further and
defence, or further and better particulars of any matter stated in any bet ter
Sratelnent or
pleading, notice or written proceeding requiring particulars, may in all partieuiars
cases be ordered, on the application of any party, by the Court or
Judge upon such terms, as to costs or otherwise, as may be just.
L.R.O.
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LAWS OF GUYANA
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High Court
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Letter for
particulars.
8. Before applying for particulars by summons a party may apply

for them by letter or notice to the opposite party. A copy of such letter
or notice and a copy of any particulars delivered pursuant thereto
shall be filed in the Registry by the party delivering the same. The
costs of the letter or notice and of any particulars shall be allowable
on taxation.
In dealing with the costs of any application for particulars by
summons the provisions of this rule shall be taken into consideration
by the Court or Judge.
Particulars
before
defence.
9. Particulars of a claim shall not be ordered under rule 7 to be

delivered before defence unless the Court or Judge shall be of opinion
that they are necessary or desirable to enable the defendant to plead
or ought for any other special reason to be so delivered.
Copy to be
ifled.
10. Where any such statement or further and better particulars is

ordered, the party delivering the same shall forthwith thereafter, and
within the time limited for delivering the same, ifle a copy thereof in
the Registry.
Order for
zi culars
pt
11. The party at whose instance particulars have been delivered,under an order of the Court or a Judge shall, unless the order otherwise
provides, have the same length of time for pleading after the delivery
of the particulars that he had at the date of his application for such
particulars. Save as in this rule provided, an order for particulars shall
not, unless the order otherwise provides, operate as a stay of proceedings, or give any extension of time.
a
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12. Every pleading or other document required to be delivered to

a party, or between parties, shall be delivered in the manner now in
use to the solicitor of every party who appears by a solicitor, or to the
party if he does not appear by a solicitor ; but if no appearance has
been entered for any party, then such pleading or document shall be
delivered by being filed in the Registry.
Delivery of
pleadings.
Every allegation of fact in any pleading, not being a petition or

c ( ;.,1) ; Tit-nmons, if not admitted speciifcally or by necessary implication, or
Kti m p e. 3 1, (- stated to be not admitted in the pleading of the opposite party, shall
be taken to be admitted except as against an infant, lunatic or person
i rf b y
4
of unsound mind not so found by inquisition.
0
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Specific denial. .13.
Conditions
precedent.
i )
(
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Cm
14. Any condition precedent, the performance or occurrence of

is intended to be contested, shall be distinctly speciifed in his
pleading by the plaintiff or defendant, as the case may be; and, subject
L' thereto, an averment of the performance or occurrence of all conditions
which
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LAWS OF GUYANA
Cap.
High Court
3:02
75
[Subsidiary]
precedent necessary for the case of the plaintiff or the defendant shall
be implied in his pleading.
15. The defendant or plaintiff, as the case may be, must raise by New fact T tt 0
his pleading all matters which show the action or counterclaim not sp
l li e 1 'A "
muecaiy
'to be maintainable, or that the transaction is either void or voidable in pleaded. ,)--cE
point of law, and all such grounds of defence or reply, as the case may
be as if not raised would be likely To take the opposite party by
L_ j
_
surprise, or would raise issues of fact not arising out of the preceding
pleadings, as,
ITOT:instance, fraud, limitation by statute, prescription,
release, aayment, performance, facts- showing illegality, either by
statute or common law, or any provision of the Statute of Trauds,
which has been incorporated in the law of Guyana.
)
16. In a/faction for libel or slander it shalliat be necessary to state Libel or

slander.
1/aim any extrinsic facts or any innuendo for the purpose of
the application to the plaintiff of the defamatory matter out
the cause of action arises; it shall_ be suiffcient to. st ate
that the same was falsely and_maliciolily published or
oncerning the plaintiff, and, if such allegation be denied, the
plaintiff must establish on the trial that it was so publis-hed or spoken.
17. In an action for libel or slander, the defendant m ay, in his Defence in
libei'r
and any mitigating circumstances, and whether he prove the justiifcation or not, may give in evidence the mitigating circumstances.
18. No pleading, not being a petition or summons, shall, except by Inconsistent

way of amendment, raise any new ground of claim or contain any pleading.
allegation of fact inconsistent with the previous pleadings of the party
pleading the same.
,
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19. It shall not be sufficient for a defendant in his defence to deny Denial to be
/ generally the grounds alleged by the statement of claim, br for a speciifc.
^^ 1;
aintiff in his reply to de n y generally the g rounds alleged in a defence i^7w 6.,
by way of counterclaim, but eac h party must deal ecific
spally with k i
each allegation of fact of which he does not admit the truth, except
1
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damages. Al.,
<04-1:-,^-1-*.t
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t gMfeot to the last preceding rule, the plaintiff, by his reply, Joinder of
may join issue upon the defence, and each party in his pleading (if issue.
any) subsequent to reply, may join issue upon the previous pleading.
Such joinder of issue shall operate as a denial of every material
i /allegation of fact in the pleading upon which issue is joined, but it may
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LAWS OF GUYANA
Cap. 3:02
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[Subsidiary]
Evasive denial.
Denial of
contract.
21. When a party in any pleading denies an allegation of fact in the

previous pleading of the opposite party, he must not do so evasively,
but answer the point of substance. Thus, if it be alleged that he
received a certain sum of money, it shall not be sufifcient to deny that
he received that particular amount, but he must deny that he received
that sum or any part thereof, or else set out how much he received.
And if an allegation is made with divers circumstances, it shall not be
sufficient to deny it along with those circumstances.
F I
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22. When a contract, promise, or agreement is alleged in any

pleading, a bare denial of the same by the opposite party shall be
construed only as a denial in fact of the express contract, promise, or
agreement alleged, or of the rmtters of fact from which the same may
be implied by law, and not as a denial of the legality or sufifciency in
law of such contract, promise, or agreement, whether with reference
to any provision of the Statute of Frauds which has been incorporated
in the law of Guyana or otherwise.
Effect of
documents to
23. Wherever the contents of any document are material, it shall be

sufficient in any leading to state the effect thereof as brielfy as
possible without setting out the whole or any part thereof, unless the
precise words of the document or any part thereof are material.
Malice or
other mental
state.
24. Wherever it is material to allege malice, fraudulent intention,

knowledge, or other condition of the mind of any person, it shall be
sufifcient to allege the same as a fact without setting out the circumstances from which the same is to be inferred:
except any facts which the party may be willing to admit, and shall then
operate as a denial of the facts not so admitted.
I
High Court
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Provided that where in an action for libel or slander the defendant

pleads that any of the words or matters complained of are fair comment
on a matter of public interest or were published upon a privileged
occasion, the plaintiff shall, if he intends to allege that the defendant
was actuated by express malice, deliver a reply giving particulars of
the facts and matters from which such malice is to be inferred.
25. Where in an action for libel or slander the defendant alleys
that,
in so far as the words complained of consist of statements of tact,
C
s)
\:,./ they are true in substance and in fact, and in so far as they consist of
expressions of opinion, they are fair comment on a matter of public
interest, or pleads to the like effect, he shall give particulars stating
which of the words complained of he alleges are statements of fact and
of the facts and matters he relies on in support of the allegation that
the words are true.
Particulars
necessap f._
g
, \\ -` t
'
.::
I
LAWS OF GUYANA
hTt
i
[Subsidiary]
0.17
26. Wherever it is material to allege notice to any person of any

fact, matter or thing, it shall be sufficient to allege such notice as a
fact, unless the form or the precise terms of such notice, or the circumstances from which such notice is to be inferred, be material.
Notice.
corlct
27. Whenever any contract or any relation between any persons is inlgied
to be implied from a series of letters or conversations, or otherwise or relations.
from a number of circumstances, it shall be sufifcient to allege such
contract or relation as a fact, and to refer generally to such letters,
conversations or circumstances, without setting them out, in detail.
And if in such case the person so pleading desires to rely in the alternative upon more contracts or relations than one, as to be implied
from such circumstances, he may state the same in the alternative.
28. Neither party need in any pleading allege any matter of fact
which the law presumes in his favour or as to which the burden of

proof lies upon the other side, unless the same has been first speciifcally
denied (e.g. consideration for a bill of exchange where the plaintiff
sues only on the bill, and not for the consideration as a substantive
ground of claim).
td
77
Cap. 3:02
High Court
II
Presumptions
of
law.
29. In Probate actions it shall be stated with regard to every Pleadings in

acon
b atse
defence which is pleaded what is the substance of the case on which it Pr
is intended to rely; and further where it is pleaded that the testator
was not of sound mind, memory and understanding, particulars of
any specific instances of delusion shall be delivered before the case is
set down for trial, and, except by leave of the Court or a Judge, no
evidence shall be given of any other instance at the trial.
30. No technical objection shall be raised to any pleading o.n the Technical
objection.
ground of any alleged want of form.
L ,,, _L,
D14. 1\.t_ L, i- Ol e, .---,,f.I......'i
( L t LI i. .< a 6
s,
iL.,/,
, ,4.
-41/-L t , v - - i.i.,- f.-The Court or a Judge may at any stage of the proceedngs order S til't ICi ng out
..0....,
14
leadins
=1
which may be unnecessary or, scandalous,, or which may tend to

" -prejudice, embarrass, or delay the fair trial of the action; and may in
7, any such case, if the Court or Judge shall think ift, order the costs of
:,the application to be paid as between solicitor and client.
32. The Court or a Judge may order any pleading to be struck out Striking out
.
,
g
rv
.4 '"
-," 0 )`
i`
'
the ground that it , discloses no reasonable cause of action or ,vilei.e

Pe a l ng
no
an swer, and in any such case, or in case of the action or defence being reasonable
shown by the pleadings to be frivolous or vexatious, the Court or a cause Of
action, etc.
Judge may order the action to be stayed or dismissed, or judgment to
be entered accordingly, as may be just. 1". S. -"''41- /'''4-- 14- A-A "^- ""A c r, 4.
. Ne 4)k c.. 0.-,-.. 4 %"' 5 tr.:A- LI? r .. .-"k "i
Ls.30
0N:el,'
1..,v3iAsk
fcrt f(--4-1 OIL i '-1
i le- t-,-- II k
* 0 i
0 2,4,4 1 '2 tit',
"- ^1.-
41,1-4 P410. Ilp73
'4-11i"
:.k,-. ib..- Jr1L ' I- ' k1 - '1.--ht)
''.. .-'.
LAWS OF GUYANA
I
78
Cap. 3:02
[Subsidiary]
High Court
0.18
33. The parties and their solicitors may at any time examine all
pleadings and documents filed in any action, and take copies or
extracts, or obtain from the Registrar copies or extracts duly authenticated.
Examinations
of pleadings,
etc.
ORDER 18
STATEMENT OF CLAIM
I
Statement of
1.
The delivery of statements of claim shall be regulated as follows

(a) where the writ is specially indorsed with or accompanied
by a statement of claim under Order 4 rule 6 no further statement
of claim shall be delivered, unless the Court or a Judge shall
otherwise order ;
(b) subject to the provisions of Order 11 rule 11 (as to filing a
statement of claim where there is no appearance) and of the
preceding parag aph the plaintiff shall deliver a statement of
claim, either with the writ of summons, or notice in lieu of writ of
suminons, or within fourteen days after appearance.
Claim beyond
indorsement.
2. Whenever a statement of claim is delivered the plaintiff may

therein alter, modify, or extend his claim without any amendment of
the indorsement of the writ.
Relief claimed
ill :. Every statement of claim shall state spesigally the relief which
plaintiff claims, either s imply or in the alternative, and it shall not
be necessary to ask for general or other relief, which may always be
given, as the Court or a Judge may think just, to the same extent as if
it had been asked for. And the same rule shall apply to any counterclaim made, or relief claimed by the defendant, in his defence.
Claims
founded on
separate
grounds.
4. Where the plaintiff seeks relief in respect of several distinct

claims or causes of complaint founded upon separate and distinct
grounds, they shall be stated, as far as may be, separately and distinctly.
t b estled
eciticaiy
1
I
i
1
5. In every case in which the cause of action is a stated or settled
Stated or
settled
account.
account, the same shall be alleged with particulars ; but in every case
in which a statement of account is relied on by way of evidence or
admission of any other cause of action which is pleaded, the same
shall not be alleged in the pleadings.
)
-i
i
I
--
LAWS OF GUYANA
High Court
Cap. 3:02
79
[Subsidiary]
0.19
6. In Probate actions, where the plaintiff disputes the interest of

the defendant, he shall allege in his statement of claim that he denies
the defendant's interest.
Probate
action.
7. In actions by a money-lender or an assignee for the recovery of

money lent by the money-lender or the enforcement of any agreement
or security relating to any such money, the statement of claim shall
state, in addition to any other particulars, the particulars referred to in
Order 4 rule 10(a) to (n) inclusive.
Money lent by
To
artictars
n y!fnd or
ORDER 19
DEFENCE AND COUNTERCLAIM
1. In actions for a debt or liquidated demand in money comprised

in Order 4 rule 6 a mere denial of the debt shall be inadmissible.
Mere denial
insufficient.
7
1
2. In actions upon bills of exchange, promissory notes, or cheques, Defences to

c onson
a defence in denial must deny sorne matter of fact; e.g. the drawing ' b1s,et
.
making, endorsing, accepting, presenting, notice of dishonour of the
bill or note.
3. In other actions a defence in denial must deny such matters of
fact, from which the liability of the defendant is alleged to arise, as are
disputed, e.g. in actions for goods bargained and sold or sold and
delivered, the defence must deny the order or contract, the delivery,
or the amount claimed; in an action for money had and received it
must deny the recipt of the money, or the existence of those facts which
are alleged to make such receipt by the defendant a receipt to the use
of the plaintiff.
Defences in
other actions.
4. The same rule shall apply where the defendant relies upon
several distinct grounds of defence, set-off or counterclaim founded
upon separate and distinct facts.
1
Distinct
grounds.
5. No denial or defence shall be necessary as to damages claimed

or their amount; but they shall be deemed to be put in issue in all
cases, unless expressly admitted.
Pleading to
damage.
6. If the defence contains nothing more than a denial, or that which

amounts only to a denial of the claim, there shall be no replyand
issue shall be joined by the claim and defence.
No reply
where bare
'
L.R.O. 111973
1
__
LAWS OF GUYANA
80
Cap. 3:02
[Subsidiary]
0.19
High Court
Denial of
representative
capacity.
7. If either party wishes to deny the right of any other party to

claim as executor, or as trustee, or as assignee in insolvency or in any
representative or other alleged capacity, or the alleged constitution of
any partnership ifrm, he shall deny the same speciifcally.
Time for
delivery of
defence.
8. Except in cases governed by rule 9 of this Order when a statement

of claim has been delivered to a defendant he shall deliver his defence
within fourteen days f om the day on which the statement of claim is
delivered or from the time limited for appearance, whichever shall be
the later.
Where leave
to defend is
given under
Order 12.
9., Where leave has been given to a defendant to defend under

Order 12, rule 4(2) he shall deliver his defence (if any) within such
time as shall be limited by the order giving him leave to defend, or if
not time is thereby limited, then within fourteen days after the order.
Proper
admissions not
made.
10. Where the Court or a Judge shall be of opinion that any

allegations of fact denied o not admitted by the defence ought to
have been admitted, the Court or Judge may make such order as shall
be just with respect to any extra costs occasioned by their having been
denied or not admitted.
Counterclaim.
11. Where any defendant seeks to rely upon any grounds as

supporting a right of counterclaim, he shall in his defence state
specifically that he does so by way of counterclaim.
I -
12. Where a defendant by his defence sets up any counterclaim

which raises questions between himself and the plaintiff along with
any other persons, he shall add to the title of his defence a further title
similar to the title in a statement of claim, setting forth the names of
all the persons who, if such cou,lterclaim were to be enforced by crossaction, would be defendants to such cross-action, and shall deliver
his defence to such of them as are parties to the action within the
period within which he is required to deliver it to the plaintiff.
Title of
counterclaim
Where any such person as in the last preceding rule mentioned

is not a party to the action, be shall be summo e . - . - . - ' 4 I
served with a copy of the defence, and such service shall be regulated
by the same rules as are hereinbefore contained with respect to the
service of a writ ,of summons, and every defence so served shall be
(,o indofsed in the Form in Appendix F to these Rules or to the like effect.
Claim against
person not
party.
Appearance by
added parties.
13,
t) > rf
1
,
14. Any person not already a party to the action, who is served with
a defence and counterclaim as aforsaid, shall appear thereto as if he
had been served with a writ of summons to appear in an action.
L
.
LAWS OF GUYANA
High Court
81
Cap. 3:02

,
[Subsidiary]
0.20
15. Any person named in a defence as a party to a coimterclaim

RcPlYerctla im .
thereby made may deliver a reply within the time within which he count
might deliver a defence if it were a statement of claim.
16. Where a defendant sets up a counterclaim, if the plaintiff or any Exclusion of

other person named in manner aforesaid as party to such counter- counterclaim.
claim contends that the claim thereby raised ought not to be disposed
of by way of counterclaim, but in an independent action the Court or
a Judge may at any time order that such counterclaim be excluded.
17. If, in any case in which the defendant sets up a counterclaim, Continuance
oounterthe action of the plaintiff is stayed, discontinued, or dismissed, the cUn
counterclaim may nevertheless be proceeded with.
18. Where in any action a set-off or counterclaim is established Judgment in
orcounter
against the plaintiff's claim, the Court or a Judge may give the plaintiff casesofset:off
judgment on his claim with costs and the defendant judgment on his claim.
counterclaim with costs, but if the set-off or counterclaim is in respect

of a liquidated sum the Court or Judge may, if the balance is in favour
of the defendant, give judgment for the defendant for such balance, or
may otherwise adjudge to the defendant such relief as he may be
entitled to upon the merits of the case.
19. In Probate actions the party opposing a will may, with his Notice in
defence, give notice to the party setting up the will that he merely insists Probate
actions.
upon the will being proved in solemn form of law, and only intends to
cross-examine the witnesses produced in support of the will, and he
shall thereupon be at liberty to do so, and shall not, in any eventbe
liable to pay the costs of the other side, unless the Judge shall be of
opinion that there was no reasonable ground for opposing ihe will.
ORDER
20
PAYMENT INTO AND OUT OF COURT AND TENDER
\
I
1. (1) In any action for a debt or damages the defendant may at Payment into
any time after appearance upon notice to the plaintiff.pay into Court Court.
a sum of money in satisfaction of the claim or, where several causes of
action are joined in one action, in satisfactiOn of one or more of the
causes of action.:
Provided that with a defence setting up tender before action the

sum of money alleged to have been tendered must be brought into
Court.
L.R.O. 1/1973
1
LAWS OF GUYANA
Cap. 3:02
82
[Subsidiary]
0.20
-f
I
Plaintiff may
take out
money.
High Court
(2) Where the money is paid into Court in satisfaction of one or

more of several causes of action the notice shall specify the cause or
causes of action in respect of which payment is made and the sum paid
in respect of each such cause of action unless the Court or a Judge
order.
' 3) The notice shall be in Fo
11 e . 1 in Ap I endix G to these
Rules. Receipt of the notice shall be ac nowreTzige =:2111
= by the
plaintiff within three days. The notice may be modified or withdrawn
or delivered in an amended form by leave of the Court or a Judge upon
such terms as may be just : provided that the defendant may without
leave deliver a notice increasing the amount of any sum paid into
Court.
2. (1) Where money is paid into Court under rule 1 the plaintiff
may within seven days of the receipt of the notice of payment into
Court or, where more than one payment into Court has been made
within seven days of the receipt of the notice of the last payment into
Court, accept the whole sum or any one or more of the speciifed sums,
in satisfaction of the claim or in satisfaction of the cause of causes oc
action to which the specified sum or sums relate, by giving notice to i
the defendant in Form No. 2 in Appendix G to these Rules and thereupon he shall be eir titled to receive payment of the accepted sum or
sums in satisfaction as aforesaid. t 7. 6 /
(2) Payment shall be made to the plaintiff or on his writteil

authority to his solicitor, and thereupon proceedings in the action or
in respect of the specified cause or causes of action (as the case may be)
shall be stayed.
(3) If the plaintiff accepts money paid into Court in satisfaction

of his claim, or if he accepts a sum or sums paid in respect of one or
more of speciifed causes of action, and gives notice that e aba ons
the other cause or causes of action, he may after four days ro a ment out and unless the Court or a Judge otherwise order, tax his costs
incurred to the time of payment into Court, and not less than fortyeight hours after taxation may apply in Bail Court for judgment for
his taxed costs.
(4) This rule shall not apply to an action or cause of action to

which a defence of tender before action is pleaded.
Money
remaining in
Court.
I
E
3. If the whole of the money in Court is not taken out under rule 2,
the money remaining in Court shall not be paid out except in satisfaction of the claim or speciifed cause or causes of action in respect of
which it was paid in, and in pursuance of the order of the Court or a
Judge, which may be made at any time before, at or after the trial.
i
__
LAWS OF GUYANA
High Court
83
Cap. 3:02
[Subsidiary]
0.20
4. (1) Money may be paid into Court under rule I by one or more Several
defendants.
of several defendants sued jointly or in the alternative, upon notice to
the other defendant or defendants.
(2) If the plaintiff elects within seven days after receipt of notice
of payment into Court to accept the sum or sums paid into Court, he
shall give notice as in Form No. 3 in Appendix G to these Rules to
each defendant.
(3) Thereupon all further proceedings in the action or in respect

of the speciifed cause or causes of action (as the case may be) shall be
stayed, and the money shall not be paid out except in pursuance of an
order of the Court or a Judge dealing with the whole costs of the
action or cause or causes of action as the case may be.
(4) In an action for libel or slander against several defendants
sued jointly, if any defendant pays money into Court the plaintiff may
within seven days elect to accept the sum paid into Court in satisfaction
of his claim against the defendant making the payment and shall give
notice to all the defendants as in Form No. 3 in Appendix G to these
Rules.
5. A plaintiff or other person made defendant to a counterclaim
Counterclaim.
may pay money into Court in accordance with the foregoing rules,
with the necessary modiifcations.
I
1
1
6. Except in an action to which a defence of tender before action is Non-disclosure

pleaded, no statement of the fact that money has been paid into Court ? nft PaCnlent
o o ti rt
under the preceding rules of this Order shall be inserted in the pleadings, or appear in the Judge's copy of the record, and no communication of that fact shall at the trial of any action be made to the Judge
until all questions of liability and amount of debt or damages have ,
been decided, but the Judge shall, in exercising his discretion as to ?..:,04
costs, take into account both the fact that money has been paid into j
Court and the amount of such payment.
7. Money paid into Court under an order of the Court or a Judge Money paid
Court
shall not be paid out of Court except in pursuance of an order of the into
under order.
Court or a Judge: provided that, where before the delivery of defence
money has been paid into. Court by the defendant pursuant to an
order under Order 12, he may, unless the Court or a Judge shall
otherwise order, by notice in writing appropriate the whole or any
part of such money, and any additional payment if necessary, to the
whole or any specified portion of the plaintiff's claim, or if he Pleads a
tender may by his pleading appropriate the whole or any part of the
money in Court as payment into Court of the money alleged to have
L.R.O. 1/1973
LAWS OF GUYANA
Cap. 3:02
84
[Subsidiary]
0.20
High Court
Rules of the High Cout
been tendered ; and the money so appropriated shall thereupon be

deemed to be money paid into Court pursuant to the preceding rules
of this Order relating to money paid into Court or money paid into
Court with a plea of tender, as the case may be, and shall be subject in
all respects thereto.
8. (I) In any cause or matter in which money or damages is or are
claimed by or on behalf of an infant or a person of unsound mind
or paid into
suing either alone or in conjunction with other parties, no settlement
account of
infant or
or compromise or payment or acceptance of money paid into
person of
unsound mind. Court, whether before, at or after the trial, shall as regards the claims
of any such infant or person of unsound mind be valid without the
approval of the Court or a Judge.
Money
recovered by
(2) No money (which expression of the purposes of this rule

includes damages) in any way recovered or adjudged or ordered or
awarded or agreed to be paid in any such cause or matter in respect of
the claims of any such infant or person of unsound mind, whether by
verdict or by settlement, compromise, payment, payment into court
or otherwise, before or at or after the trial, shall be paid to the plaintiff
or to the next friend of the plaintiff or to the plaintiff's solicitor unless
the Court or a Judge shall so direct.
'
1
(3) All money so recovered or adjudged or ordered or awarded

or agreed to be paid shall be dealt with as the Court or a Judge shall
direct and the said money or any part thereof may be directed to be
paid into the Registry and to be invested or otherwise dealt with there,
or to be otherwise dealt with.
(4) The directions referred to in paragraph (3) of this rule may

include any general or special directions that the Court or Judge may
think fit to give, including (without prejudice to the generality of the
above provision) directions as to how the money is to be applied or
dealt with and as to any payment to be made either directly or out of
the amount paid into Court to the plaintiff or to the next friend in
respect of moneys paid or expenses incurred or for maintenance or on
behalf of or for the beneift of the infant or person of unsound mind or
otherwise or to be the plaintiff's solicitor in respect of costs or of the
difference between party and party and solicitor and client costs.
(5) This rule shall apply to the case of a counterclaim by an
infant or a person of unsound mind, the expression plaintiff, plaintiff's
solicitor and next friend being read as applying to a defendant setting
up the counterclaim or his guardian ad litem.
(6) This rule shall apply to the case of a lunatic so found by

inquisition, the expression next friend or guardian ad litem being read
if necessary as applying to the committee.
,
,
iso
1
7.
'
LAWS OF GUYANA
High Court
'
-^ -- -
-- -
(7) This rule shall be extended so as to apply mutatis mutandis

to the case of an action which is settled on behalf of an infant before
trial.
9. Where the estate of a deceased person who has died intestate is Payment out ;
entitled to a fund or to a share of a fund in Court not exceeding $500, rtesaiit a te
and it is proved to the satisfaction of the Court or a Judge that no estates.
administration has been taken out to such deceased person, and that
his assets do not exceed the value of $500 including the amount of the
fund or share to which the estate of such deceased person is entitled,
the Court or a Judge may direct that such fund, or share of a fund shall
be paid, transferred, or delivered to the person who, being a widower,
widow, child, father, mother, brother or sister of the deceased, would
be entitled to take out administration to the estate of such deceased
person.
10. Where, in an action for personal injuries, any party claims a Payment of
expenses.
sum for hospital expenses, the party against whom such claim is made hospital
may, in addition to or without any payment into Court, pay to the
hospital the amount for which he may be liable to the hospital under
section 4(2) of the Motor Vehicles Insurance (Third-party Risks) Act, c. 51:03
and such payment shall not be deemed to be an admission of liability.
Notice of the payment shall be given to all other parties to the action
within seven days of the amount being paid.
ORDER 21
REPLY AND SUBSEQUENT PLEADINGS
1. Where the plaintiff desires to deliver a reply, he shall deliver it Reply.
within fourteen days from the delivery of the defence.
Reply to
2. When a counterclaim is pleaded a reply thereto shall be subject counte
rc laim.
to the rules applicable to defences.
t
3. No pleading subsequent to reply other than a joinder of issue Nossequent
eng eave.
1 shall be delivered without leave of the Court or a Judge, and then upon w PiLuti
such terms as the Court or Judge shall think ift.
i
1
t
ifling
4. Subject to the last preceding rule, every pleading subsequent to I'Ve ofgs.
en t
reply shall be delivered within fourteen days from the day on which ae aci
?n u
sse
the copy of the previous pleading is delivered.
L.R.O. 111973
[
I
LAWS OF GUYANA
86
Cap. 3:02
[Subsidiary]
0.23
High Court
ORDER 22
MATTERS ARISING PENDING THE ACTION

Defence to
claim.
1. (1) Any ground of defence which has arisen after action brought,
but before the defendant has delivered his defence, and before the
time limited for his doing so has expired, may be raised by the defendant
in his defence, either alone or together with other grounds of defence.
(2) lf, after a defence has been delivered, any ground of defence
arises to any set-off or counterclaim alleged therein by the defendant,
it may be raised by the plaintiff in his reply, either alone or together
with any other ground of reply.
Further
defence or
reply.
Confession of
defence.
0
T
2. Where any ground of defence arises after the defendant has

delivered a defence, or after the time limited for his doing so has
expired, the defendant may, and where any ground of defence to any
set-off or counterclaim arises after reply, or after the time limited for
delivering a reply has expired, the plaintiff may, within fourteen days
after such ground of defence has arisen, or at anyvsubsequentlitne
leave of the Court- or a Judge, deliveralurtherdefence or farhter
reply, as the case may be, setting forth the same.
3. Whenever any defendant, in his defence, or in any further

defence as in the last rule mentioned, alleges any ground of defence
which has arisen after the commencement of the action, the plaintiff
may deliver a confession of such defence (which confession may be in
the Form in Appendix G to these Rules with such variations as
circumstances may require) and may thereupon apply 6 kffrreto the
Court or Judge for an order for hiS coSts .up to the time.of the pleading
of Stich defence, unless the Court or a Judge shall, either before or
after the delivery of such confession, otherwise order.
i
ORDER 23
PROCEEDINGS IN LIEU OF EXCEPTIONS

Points of law
may be raised
by pleadings.
1. Any party shall be entitled to raise by his pleading any point of

law, and any point so raised shall be disposed of by the Judge who
tries the cause or action at or after the trial, provided that by consent
of the parties, or by order of the Court or a Judge on the application of
either party, the same may be set down for hearing and disposed of at
any time before the trial.
'
[
_
1
1
LAWS OF GUYANA
High Court
0
87
Cap. 3:02
2. If, in the opinion of the Court or a Judge, the decision of such Dismissal of
pointofaw.
point of law substantially disposes of the whole cause or action, or of
actil
any distinct cause or action, ground of defence, set-off, counterclaim,
or reply therein, the Court or Judge may thereupon dismiss the action
or make such other order therein as may be just.
44
i
3. No action or proceeding shall be open to objection on the ground

that a merely declaratory judgment or order is sought thereby, and the
Court may make binding declarations of right whether or not any
consequential relief is or could be claimed.
Declaratoy
judgment.
4. Nothing in these rules shall be construed to prevent the Court

from giving effect to any point of law appearing on the record or at
the hearing of any action or matter although not raised by either party
, AA 4 /
y
in his pleadings or otherwise. Loarc....4 v
L s
AAA"
"
ORDER 24
Point of law
lip Dt
raisged by
eadm
3Y V
DISCONTINUANCE
1. The plaintiff may, at any time before the receipt of the defend- Disconamng of
ant's defence' or after the receipt thereof before taking azny other citinlia
proceeding irr , the action (save any interlocutory applicaion), by plaintiff,and of
yiendant .
notice in writing, wholly discontinue his aCtion against all or any of fougercIaim
the defendants or withdraw any part or parts of his alleged cause of
complaint, and thereupon he shall pay such defendant's costs of the
action, or if the action be not wholly discontinued,. the costs occasioned
by the matter so withdrawn. Such costs shall be t'axed, and such discontinuance or withdrawal, as the case may be,-hall not be a defence
to any subsequent action. In like manner and with\ the like consequences, a defendant may wholly or in part , withdraw any countea
claim before the filing of the reply.
,
t
i
-,
2. Save as in the preceding rule otherwise provided, it shall not be isconin;: ti,e
byel,of
competent for the plaintiff to discontinue the action or withdraw any r
part of his cause of complaint without the leave of the Court or a Court.
Judge, but the Court or a Judge may, before, at or after the hearing or
trial, upon such terms as to costs, and as to the bringing of any other
action and otherwise as may be just, order the action to be dis/7
continued, or any part of the alleged cause of complaint to be struck
out. The Court or a Judge may, in like manner and with the like discretion as to terms, upon the application of a defendant, order the
whole or any part of his alleged grounds of defence or counterclaim
to be withdrawn or struck out, but it shall not be competent to a
defendant to withdraw his defence or any part thereof, without such
leave.
L.R.O. 111973
I
f
LAWS OF GUYANA
1
Cap. 3:02
88
[Subsidiary]
O. 25
High Court
Withdrawal by
consent.
3. When a cause or action has been entered for hearing it may be

withdrawn by either plaintiff or defendant upon producing to the
Registrar a consent in writing signed by the parties or their solicitors.
Entering
judgment on
discontinuance.
4. (1) Any defendant may apply ex parte to the Court or a Judge for
the costs of the action if it is,wholly discontinued against him, or for
the costs occasioned by the matter withdrawn, if the action be not
wholly discontinued, in case such respective costs are not paid within
four days after taxation, and the Court or a Judge shall give judgment
accordingly, unless there appears to be good reason to the contrary.
(2) The plaintiff may in like manner apply for and obtain judgment for the costs occasioned by any counterclaim or any part thereof,
which is withdrawn by a defendant, if such costs are not paid within
four days after taxation.
Staying action
until costs
paid.
i
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5. If any subsequent action shall be brought before payment of the

costs of a discontinued action, for the same or substantially the same
cause of action, the Court or a Judge may order a stay of such subsequent action until such costs shall have been paid.
I
ORDER 25
1
DEFAULT OF PLEADING
Default of
plaintiff in
delivering
statement of
clainn.
If the plaintiff, being bound to deliver a statement of claim, does

not deliver the same within the time allowed for that purpose, the
defendant may, at the expiration of that time, apply to the Court or a
Judge to dismiss the action with costs, for want of prosecution ; and
on,the hearing of such application the Court or Judge may, if no
statement of claim shall have been delivered, order the action to be
dismissed accordingly, or may make such other order on such terms
as the Court or Judge shall think fit.
Claim for
debt or
liquidated
demand.
2. (1) if the plaintiff's claim be only for a debt or liquidated

demand, whether the writ is specially indorsed or otherwise, and the
defendant does not, within the time allowed for that purpose, deliver
a defence, the plaintiff may, subject to rule 15 of this Order, at the
expiration of such time, and on ifling a request for ifnal judgment,
apply in Bail Court for final judgment for the amount claimed with
costs : provided that in actions by a money-lender or an assignee for
the recovery of money lent by the money-lender or the enforcement of
any agreement or security relating to any such money, judgment shall
not be given in default of defence unless the Court or Judge is satisifed
that it is just and equitable that judgment should be entered for the
1.
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LAWS OF GUYANA
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amount claimed and that the plaintiff has complied with rule 14 of this
Order.
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(2) When in any such action there are several defendants, if one
of them make default the plaintiff may apply in like manner for ifnal
judgment against the defendant so making default, and if he obtains
such judgment may issue execution upon such judgment without
prejudice to his right to proceed with his action against the other
defendants.
3. (1) If the plaintiff's claim be for pecuniary damages only, or for Damages.
of
Goods
detention of goods with or without a claim for pecuniary damages, and L)eterttion
the defendant, or all the defendants, if more than one, fail to deliver a
defence, the plaintiff may, subject to rule 15 of this Order, file a request
for final judgment against the defendant or defendants, and the
action shall be entered in the next Bail Court List. The Judge shall
thereupon on the affidavit or afifdavits filed or such other evidence as
he may require assess the value of the goods and the damages, or the
damages only, as the case may be, in respect of the causes of action
disclosed by the statement of claim:
Provided that the Judge may order particulars to be filed and veriifed
before assessing any damages, and may order that the value and
amount of damages or either of them shall be ascertained in any way
which the Judge may direct.
(2) When in any such action there are several defendants, if one
or more of them fail to deliver a defence, the plaintiff may obtain in
like manner ifnal judgment against the defendant or defendants so
failing without prejudice to his right to proceed with his action
against the other defendant or defendants but the Judge instead of
assessing the value of the goods and the damages or either of them, as
the case may be or ordering the same to be ascertained may order
judgment to be entered against the defendant or defendants suffering
judgment by default and direct that the value of the goods and the
damages or either of them as the case may be, be assessed against such
defendant or defendants at the same time as the trial of the action or
issue therein against the other defendant or defendants.
4. lf the plaintiff's claim be for a debt or liquidated demand and Debt or
a m a gesor
onof
also for pecuniary damages only or for detention of goods with or cideten
without a claim for pecuniary damages, and any defendant fails to goods or
deliver a defence the plaintiff may

preceding rules of this Order and the Judge may give ifnal judgment
for the debt or liquidated demand, interest, the value of the goods and
the damages, or the damages only, as the case may be, and costs
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Cap. 3:02
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High Court
against the defendant or defendants failing to deliver a defence or as

regards the claim for the value of the goods and damages, may order
judgment to be entered and give such directions as he may think ift as
to assessing such value and damages and the provisions of the preceding rules of this Order, shall apply so far as they may be applicable.
Recovel y of
land.
5. ln an action for the recovery of land or any immovable property,

if the defendant fails to deliver a defence, the plaintiff may, subject to
rule 15 of this Order, file a request for and obtain in Bail Court a
judgment that the person whose right to possession is asserted in the
statement of claim shall recover possession of the land or other

immovable property, with his costs.
Mesne proifts,
arrears of
rent, etc.
6. Where the plaintiff has endorsed a claim for mesne proifts,

arrears of rent, or double value in respect of the premises claimed, or
any part of them, or damages for breach of contract or wrong or
injury to the premises claimed upon a writ for the recovery of land or
other immovable property, if the defendant fails to deliver a defence
or, if there be more than one defendant, some or one of the defendants
so fails, the plaintiff may proceed to obtain judgment as in the last
preceding rule mentioned for the land and may proceed as in the other
preceding rules of this Order mentioned as to such other claim so
indorsed.
Where a
defencei s
d as to
part only of
claim.
7. If the plaintiff's claim be for a debt or liquidated demand, or for

p ecuniar y damages onl y, or for detention of goods with or without a
claim for pecuniary damages, or for any of such matters or for the
recovery lof possession of land or other immovable property, and the
defendant delivers a defence which purports to offer an answer to part
only of the plaintiff's alleged cause of action, the plaintiff may ifle a
request for and apply in Bail Court for judgment for the part unanswered and the Judge may give such judgment or make such order
as the case may require:
Provided that
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(a) the unanswered part consists of a separate cause of action,

or is severable from the rest, as in the case of part of a debt or
liquidated demand ;
(b) where there is a counterclaim, execution on any such
judgment as above mentioned in respect of the plaintiff's claim
shall not issue without leave of the Court or a Judge.
1
Probate
action.
8. In Probate actions, if any defendant make default in delivering

a defence, the action may proceed, notwithstanding such default.
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9. (1) , In lalactions other than those in the preceding rules of this Defendant in
au
Order mentioiied; if-The defendant make default in delivering a duer
ac t i ons.
lttn
defence, the plaintiff may, subject to rule 15 of this Order, on filing a
V Ea../ .
request for hearing, have the action entered on the Bail Court List for t--E v-t 1
hearing ex parte and the Judge shall hear such action ex parte forthwith or fix a day for such hearing and in such case may direct that
notice of such ifxture be served on the defendant by registered post or
otherwise and published in the Gazette by the Registrar. 1
(2) Where in any such action there are several defendants, then
if any of them make default as aforesaid, the plaintiff may either, if
the cause of action is severable, proceed as aforesaid to have the action
heard ex parte against the defendant making default, or may set it
down for hearing ex parte as against him at the time it is set down for
hearing as against the other defendants.
10. Subject to the provisions as to disposal of the action on grounds Close of
pleadings on
of law, on admissions or otherwise, if the plaintiff does not deliver a defautt
eply or any party does not deliver any subsequent pleading within
he period allowed for that purpose, the pleadings shall be deemed to
be closed at the expiration of that period, and all the material statements of fact in the pleading last delivered shall be deemed t have been
(denied and put in issue.
11. The preceding rule shall not apply to a reply to a counterclaim Reply to
and, unless the plaintiff delivers a reply to a counterclaim', the state- counterclaim.
ments of fact contained in such counterclaim shall at the expiration of
fourteen days from the delivery thereof or of such time (if any) as may
by order be allowed for delivery of a reply thereto be deemed to be
admitted, but the Court or a Judge may at any subsequent time give
leave to the plaintiff to deliver a reply.
t
)
12. In any case in which issues arise in an action other than between Default of
plaintiff and defendant, if any party to any such issue makes default in third party.
delivering any pleading, the opposite party may apply to the Court or
a Judge for such judgment, if any, as he may appear to be entitled to
upon the pleadings, and the Court or Judge may give judgment
accordingly, or may make such other order as may be necessary to do
complete justice between the parties.
13. Any judgment by default or on ex parte hearing whether under Setting aside
deuit by
this or any other Order, may be set aside by the Court or a Judge, upon judgrrient
such terms as to costs or otherwise as the Court or Judge may think
ift.
L.R.O. 1/1973
LAWS OF GUYANA
Cap. 3:02
92
High Court
[Subsidiary]
0.26
Moneylender
not to apply
for judgment
except on
notice.
14. In actions brought by a money-lender or an assignee for the

recovery of money lent by the money-lender or the enforcement of
any agreement or security relating to any such money; an application
for ifnal judgment in default of defence shall not be made unless
notice of the application returnable not less than four clear days after
service has been served on the defendant.
Notice to
defendant.
15. No request for final judgment in default of defence shall be

filed unless notice in writing has beeii-TaVdrb-ffrithe-tefendant
calling upon him to remedy his default within fourteen days after
service of such notice. A copy of such notice shall be filed in the
Registry immediately after service thereof with an indorsement
thereon of the time, place and particulars of the service of such notice.
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OVER 26 .
4-
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MENDMENT
The Court or a Judge may, at any stage of the proceedings, allow

either party to alter or amend his indorsement or pleadings in such !
manner and on such terms as may be ju gi and all such amendments
shall be made as may be necessary for the purpose of determiningthe 1
real questions in controversy between the parties.
Anlendinent of 1.
indorsement.
2. The plaintiff may, without any leave, amend his statement of

claim, whether indorsed on the writ or not, once at any time before
the expiration of the time limited for reply and before replying, or,
where no defence is delivered, at any time before the expiration of
twenty days from the appea ance of the defendant who shall have last
c
c
rs.c.c 1 ,11 I
appeared. c.. -"of s -
When\
plaintiff- may
amend once
without leave.
Defendant
may amend
counterclai m
without leave .
3. A defendant who has set up any counterclaim or set-off may,

without any leave, amend such counterclaim or set-off at any time
before the expiration of the time allowed him for answering the reply,
and before such answer, or in case there be no reply, then at any time
before the expiration of twenty days from the delivery of the defence.
Disallowance
of amendment.
Application
for within ten
days.
4. Where any party has amended his pleaing under either of the
last two preceding rules, the opposite party may, within fourteen days
after the delivery, to him of the amended pleading, apply to the Court
or a Judge to disallow the amendment, or any part thereof, and the
Court or Judge may, if satisfied that the justice of the case requires it,
disallow the same, or allow it subject to such terms as to costs or
otherwise as may be just.
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High Court
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5. Where any party has amended his pleading under rule 2 or 3 of Pleading to
this Order, the opposite party shall plead to the amended pleading, ora plgg.
amend his pleading, within the time he then has to plead, or within
fourteen days from the delivery of the amendment, whichever shall
last expire; and where the opposite party has pleaded before the
delivery of the amendment, and does not plead again or amend
within the time abovementioned, he shall be deemed to rely on his
original pleading in answer to such amendment.
6. In all cases not provided for by the preceding

lication for leave to amend may be made by
rules of this Order, Amendment

ion
either party to the 3napplicaurt or a Judge, or to the Judge at the trial of the action, and such
amendment may be allowed upon such terms as to costs or otherwise
as may be just.
7. If a party who has obtained an order for leave to amend does not Failure to
o der after
amend accordingly within the time limited for that purpose by the amend
order, or if no time is thereby limited, then within fourteen days from
the date of the order, such order to amend shall, on the expiration of
such limited time as aforesaid, or of such fourteen days, as the case
may be, become ipso facto void, unless the time is extended by the
Court or a Judge.
8. An indorsement or pleading may be amended by written alter- Amendments

ations on the original writ of summons or pleading filed in the Registry how made.
and by additions on paper to be inter-leaved therewith if necessary,
unless the amendments are so numerous or of such nature that the
making of them in writing would render the document dififcult or
inconvenient to read, in either of which cases the amendment Must be
made by filing a written or typed copy of the document as amended.
o
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9. Whenever any indorsement or pleading is amended, the same Date of

to
ma
when amended shall be marked with the date of the order, if any, under
be enter
which the same is so amended, and of the day on which such amendment is made, in manner following, viz: "Amended this
day
of
pursuant to order of
of
dated this
10. Whenever any indorsement or pleading is amended, such Delivery of

amended document shall be delivered to the opposite party within the aleg
pngs.
ied
time allowed for amending the same.
C;\
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Clerical mistakes in judgments or orders, or errors arising the e- clerical

in from any accidental slip or omission, may at any time be corrected mistakes.
by the Court or a Judge on motion or summons without an appeal.
L.R.O. 111973
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Cap. 3:02
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High Court
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P
T
i
General
p ower to
amend.
12. The Court or a Judge rnay at any time, and on such terms as to
costs or otherwise as the Court or Judge may think just, amend any
defect or error in any proceedings, and all necessary amendments shall
be made for the purpose of detrnJMIlirig the real trtietiom or issue
raised by or depending on the proceedings.
Costs of
amendments.
13. The costs of and occasioned by any amendment made pursuant

to rules 2 and 3 of this Order shall be borne by the party making the
same, unless the Court or a Judge shall otherwise order.
ORDER 27
DISCOVERY AND INSPECTION
1. In any cause or matter the plaintiff or defendant by leave of the

Court or a Judge, may deliver interrogatories in writing for the
examination of the opposite parties, or any one or more of such parties,
and such interrogatories when delivered shall have a note at the foot
thereof stating which of such interrogatories each of such persons is
required to answer:
Discovering
by interrogatories.
Provided that interrogatories which do not relate to any matters in

question in the cause or matter shall be deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examination
of a witness.
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2. In an action for libel or slander where the defendant pleads that

the words or matters complained of are fair comment on a matter of
public interest or were published on a privileged occasion, no interrogatories as to the defendant's sources of information or grounds of
Libel or
slander.
belief shall be allowed.

3. A copy of the interrogatories proposed to be delivered shall be
delivered to the opposite party with the summons for leave to deliver
them at least four clear days before the hearing thereof (unless in any
Application
for leave to
deliver
interrogatories.
case the Court or Judge shall think ift to dispense with this requirement), and the particular interrogatories sought to be delivered shall
be submitted to and considered by the Court or Judge. In deciding
upon such application the Court or Judge shall take into account any
offer, which may be made by the party sought to be interrogated, to
deliver particulars, or to make admissions, or to produce documents
relating to any matter in question, and leave shall be given as to such
only of the interrogatories as the Court or Judge shall consider
necessary either for disposing fairly of the cause or matter or for
saving costs.
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High Court
Cap. 3:02
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[Subsidiary]
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4. In adjusting the costs of the cause or matter inquiry shall at the Costs of
instance of any party be made into the propriety of exhibiting such intimgatore s
interrogatories, and if it is the opinion of the taxing officer or of the
Court or Judge, either with or without an application for inquiry, that
such interrogatories have been exhibited unreasonably, vexatiously,
or at improper length, the costs occasioned by the said interrogatories
and the answers thereto shall be paid in any event by the party in fault.
5. Interrogatories shall be in Earm NQ. 1 in Appendix H to these
Rules with such variations as circumstances may require.
Form.
6. If any party to a cause or matter be a body corporate, or a joint- Corporations

es
stock company, whether incorporated or not, or any other body of mother
persons, empowered by law to sue or be sued, whether in its own name
or in the name of any officer or other person, any opposite party may
apply for an order allowing him to deliver interrogatories to any
member or officer of such corporation, company, or body, and an
order may be made accordingly.
7. Any objection to answering any one or more of several interro- Objections to
toriesy
gatories on the ground that it is or they are scandalous or irrelevant, interrlaor not bona fide for the purpose of the cause or matter, or that the answer.
matters inquired into are not sufficiently material at that stage, or on
any other ground, may be taken in the affidavit in answer.
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8. Interrogatories shall be answered by aiffdavit to be filed within

fourteen days, or within such other time as a Judge may allow.
Aiffdavit
in answer.
9. An affidavit in answer to interrogatories shall, unless otherwise

ordered by a Judge, be in Eormlia,,2.in Appendix to these Rules
with such variations as circumstances may require.
Form of
affidavit.
10. If any person interrogated omits to answer or answers in- Order to

sufficiently, the party interrogating may, within fourteen days after answer
answer further.
nr
the filing of the affidavit, apply to the Court or a Judge for an order
requiring him to answer, or to answer further, as the case may be, and
an order may be made requiring him to answer or answer further
either by affidavit or by viva voce examination, as the Court or Judge
may direct.
11. Any party may, without filing an affidavit, apply to the Court
or a Judge for an order directing any other party to any cause or matter
to make discovery on oath of the documents which are or have been
in his possession or power, relating to any matter in question therein.
On the hearing of such application the Court or Judge may either
Discovery of
documents.
L.R.O. 111973

\
LAWS OF GUYANA
High Court
Cap. 3:02
96
Rules of ihe High Court
refuse or adjourn the same, if satisifed that such discovery is not

necessary, or not necessary at that stage of the cause of matter; or
make such order, either generally or limited to certain classes of
documents as may, in its or his discretion, be thought fit. In an action
for libel or slander the Court or a Judge may grant discovery of documents relating to any issue raised in the action : provided that discovery
shall not be ordered when and so far as the Court or Judge shall be of
opinion that it is not necessary either for disposing of the action or for
saving costs.
Affidavit of
documents.
12. The affidavit to be made by any person against whom an order

Idnigetweryro fteccuments has been made under the last preceding
rule shall specify which, if any, of the documents therein mentioned
he objects to produce, and it shall be in ForrtrN57311VATRii dikfl to
these Rules with such variations as circumstances may require.
Power to
order list of
documents in
lieu of
afifdavit.
13. On the hearing of any application for discovery of documents

the Court or Judge in lieu of ordering an affidavit of documents to be
ifled may order that the party from whom discovery is sought shall
deliver to the opposite party a list of the documents which are or have
been in his possession, custody or power relating to the matters in
question. Such list shall as nearly as may be follow the form of the
afifdavit in the preceding rule mentioned provided that the ordering
of such list shall not preclude the Court or Judge from afterwards
ordering the party to make and file an affidavit of documents.
Production
before order.
14. It ,shall be lawful for the Court or a Judge at any time during
the pendency of any cause or 'latter, to order the production by any
party thereto, upon oath, of such of the documents in his possession
or power, relating to any matter in question in such cause or matter, as
the Court or Judge shall think right; and the Court or Judge may deal
with such documents when produced in such manner as shall appear
just.
Inspection of
documents
referred to in
pleadings or
afifdavit.
15. Every party to a cause or matter shall be entitled, at any time,

by notice in writing, to give notice to any other party, in whose
pleadings or afifdavits or list of documents reference is made to any
document, to produce such document for the inspection of the party
giving such notice, or of his solicitor, and to permit him or them to
take copies thereof; and any party not complying with such notice
shall not afterwards be at liberty to put any such document in evidence
on his behalf in such cause or matter, unless he shall satisfy the Court
or a Judge that such document relates only to his own title, he being
a defendant to the cause or matter, or that he had some other cause or
excuse which the Court or Judge shall deem sufficient for not comply-
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ing with such notice, in which case the Court or Judge may allow the
same to be put in evidence on such terms as to costs and otherwise as
the Court or Judge shall think ift.
16. Notice to any party to produce any documents referred to in Notice to

his pleadings or affidavits or list of documents shall be in EDI:1111\1g 4 produce.
4114,11111aliilkto these Rules with such variations as circumstances
may require.
17. The party to whom such notice is given shall, within seven days
from the receipt of such notice, if all the documents therein referred to
have been set forth by him in such affidavit or list of documents as is
mentioned in rules 12 and 13 or if any of the documents referred to in
such notice have not been set forth by him in any such afifdavit or list
then within fourteen days from the receipt of such notice, deliver to the
party giving the same a notice stating a time within seven days from
the delivery thereof at which the documents, or such of them as he does
not object to produce, may be inspected at the office of his solicitor, or
in the case of bankers' books or other books of account or books in
constant use for the purposes of any trade or business at their usual
place of custody, and stating which (if any) of the documents he
objects toAp, and on what ground. Such notice shall be i11,f9rm
'N61-4-iiii; ivendizal,,to these Rules, with such variations as circumstances may require.
1n
Time for
ingec
tio l
wnnoe
given under.
18. (1) If the party served with notice under rule 15 omits to give Order for
such notice of a time for inspection or objects to give inspection, or inspection.
offers inspection elsewhere than at the office of his solicitor, the Court
or Judge may, on the application of tire party desiring it, make an
order for inspection in such place and in such manner as he may think
ift:
1
Q
Provided that the order shall not be made when and so far as the
Court or a Judge shall be of opinion that it is not necessary either for
disposing fairly of the cause or matter or for saving costs.
)
.
t
(2) Any application to inspect documents, except such as are

referred to in the pleadings, particulars, or afifdavits of, the party
against whom the application is made, or disclosed in his afifdavit or
list of documents, shall be founded upon an afifdavit showing of what
documents inspection is sought, that the party applying is entitled to
inspect them, and that they are in the possession or power of the other
party. The Court or Judge shall not make such order for inspection of
such documents when and so far as the Court or Judge shall be of
opinion that it is not necessary either for disposing fairly of the cause or
matter or for saving costs.
L.R.O. 111973
LAWS OF GUYANA
(
98
Cap. 3:02
[Subsidiary]
O. 27
Veriifed copies.
High Court
19. (1) Where inspection of any business books is applied for, the
Court or a Judge may, if he shall think ift, instead of ordering inspection of the original books, order a copy of any entries therein to be
furnished and veriifed by the affidavit of some person who has
examined the copy with the original entries, and such affidavit shall
state whether or not there are in the original book any and what
erasures, interlineations, or alterations :
Provided that notwithstanding that such copy has been supplied,

the Court or a Judge may order inspection of the book from which the
copy was made.
(2) Where on an application for an order for inspection
privilege is claimed for any document, it shall be lawful for the Court
or Judge to inspect the document for the purpose of deciding as to the
validity of the claim of privilege.
)
Power to
order
discovery of
particular
document or
class of
documents.
i
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Premature
discovery.
Order to ifle
further
affidavit of
documents.
20. The Court or a Judge may, on the application of any party to a

cause or matter at any time, and whether an afifdavit of documents
shall or shall not have already been ordered or made, make an order
requiring any other party to state by afifdavit whether any particular
document or documents or any class or classes of documents speciifed
or indicated in the application, is or are, or has or have at any time
been, in his possession, custody or power ; and, if not then in his
possession, custody, or power, when he parted with the same and what
has become thereof. Such applicatioti shall be made on an affidavit
stating that in the belief of the deponent the party against whom the
application is made has, or has at sometime had, in his possession
custody or power the particular document or documents or the class
or classes of documents speciifed or indicated in the application, and
that they relate to the matters in question in the cause or matter, or to
some or one of them.
21. If the party from whom discovery of any kind or inspection is
sought objects to the same, or any part thereof, the Court or a Judge
may, if satisifed that the right to the discovery or inspection sought
depends on the determination of any issue or question in dispute in the
cause or matter, or that for any other reason it is desirable that any
issue or question in dispute in the cause or matter should be determined
before deciding upon the right to the discovery or inspection, order
that such issue or question be determined ifrst, and reserve the question
as to the discovery or inspection.
1
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22. If any party against whom an order for discovery of documents

has been made ifles an insufficient affidavit, the party at whose instance
the order was made may within fourteen days after the ifling of the
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LAWS OF GUYANA
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afifdavit apply to the Court or a Judge for an order requiring him to

file a further affidavit.
23. If any party fails to comply with any order to answer interro- Nongatories, or for discovery or inspection of documents, he shall be cgPlice
vtnorucr for
liable to attachment. He shall also, if a plaintiff, be liable to have his discovery.
action dismissed for want of prosecution, and, if a defendant, to have
his defence, if any, struck out, and to be placed in the same position as
if he had not defended, and the party interrogating may appl} ti to the
Court or a Judge for an order to that effect, and an order may be made
accordingly.
24. Service of an order for interrogatories or discovery or inspection Service on

made against any party on his solicitor shall be sufifcient service tooer
slcitV
found an application for an attachment for disobedience to the order. discovery.
But the party against whom the application for an attachrnent is made
may show in answer to the application that he has had no notice or
knowledge of the order.
25. A solicitor upon whom an order against any party for interro- Attachment of
gatories or discovery or inspection is served under the last preceding solicitor.
rule, who neglects without reasonable excuse to give notice thereof to
his client, shall be liable to attachment.
I
26. Any party may, at the trial of a cause or matter or issue, use in Using answer
to interrogaevidence any one or more of the answers or any part of an answer of tortes
at trial.
the opposite party to interrogatories without putting in the others or
the whole of such answer:
Provided always that in such case the Court or Judge may look at the
whole of the answers, and if he shall be of opinion that any others of
them are so connected with those put in that the last mentioned
answers ought not to be used without them, they or he may direct them
to be put in.
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27. In any action against or by the Registrar or a Marshal in Discovery

respect of any matters connected with the execution of his ofifce, the mai gistar
n s the
Court or a Judge may, on the application of either party, order that the
affidavit to be made in answer either to interrogatories or to an order
for discovery shall be made by the officer actually concerned.
28. In proceedings to which the Government is a party any affidavit Discovery

ainst the
to be made in answer to an order for discovery against the Government ag
G overnm ent.
shall be made by such ofifcer as the Court or a Judge shall direct.
L.R.O. 111973
LAWS OF GUYANA
Cap. 3:02
High Court
of the High Court
[Subsidiary]
OO.. 28
Order to
apply to
infants.
29. This Order shall apply to infant plaintiffs and defendants and to
their next friends and guardians ad litem.
Security.
30. The Court or a Judge may order a party seeking discovery to

give security for costs.
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ORDER 28
ADMISSIONS
Notice of
admission
of facts
Notice to
admit
docum ents.
1. Any party to a cause or matter may give notice, by his pleading,

or otherwise in writing, that he admits the truth of the whole or any
part of the case of any other party.
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2. (1) Either party may by notice in writing at any time not

later than fourteen days before the day on which the action is fixed
for hearing, call upon any other party to admit any document,
saving all just exceptions, and if the other party desires to challenge
the authenticity of the document, he shall within ten days after
service of such notice, give notice that he does not admit the document
and requires it to be proved at the trial.
(2) If such other party refuses or neglects to give notice of
non-admission within the time prescribed in the last preceding
paragraph, he shall be deemed to have admitted the document,
unless the Court of a Judge otherwise orders.
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(3) Where a party gives notice of non-admission within the

time prescribed by the first paragraph of this rule and the document
is proved at the trial, the costs of proving the document shall be
paid by the party who has challenged the document whatever the
result of the cause or matter may be, unless at the trial or hearing
the Court or a Judge shall certify that there were reasonable grounds
for not admitting the authenticity of the document.
Costs of
refusal or
neglect
to admit.
Form of
notice.
Notice to
admit facts.
3. Where a party proves a document without having given notice

to admit under rule 2(1) no costs of proving the document shall be
allowed on taxation, except where the omission to give notice to
admit is, in the opinion of the taxing officer, a saving expense.
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A notice to admit documents shall be in Form No. 1 in Appendix

I to these Rules with such variations as circumstances may require.
4.
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5. Any party may, by notice in writing, at any time not later

than fourteen days before the day on which the action is fixed for
hearing, call on any other party to admit, for the purposes of the
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High Court
Cap. 3:02
101
[Subsidiary]
0.28
action, cause, matter or issue only, any specific fact or fads mentioned in such notice. And in case of refusal or neglect to admit
the same within ten days after service of such notice, or within such
further time as may be allowed by the Court or a Judge, the costs
of proving such fact or facts shall be paid by the party so neglecting
or refusing, whatever the result of the action, cause, matter, or issue
may be, unless at the hearing the Court or a Judge certify that the
refusal to admit was reasonable, or unless the Court or Judge shall at
any time otherwise order or direct :
Provided that
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(a) any admission made in pursuance of such notice shall be

deemed to be made only for the purposes of the particular action,
cause, matter, or issue, and not as an admission to be used against
the party on any other occasion or in favour of any person other
than the party giving the notice;
(b) the Court or a Judge may at any time allow any party to
amend or withdraw any admission so made on such terms as
may be just.
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6. A notice to admit facts shall be in Form No. 2 in Appendix I

to these Rules and admissions of fact shall be in Form No. 3 in
Appendix I to thes Rules in each case with such variations as
circumstances may require.
Form of
notice of
admissions.
7. Any party may at any stage of a cause or matter, where admis- Judgment or
sions of fact have been made, either on the pleadings, or otherwise, 'ideLuPn
acrnsions
apply to the Court or a Judge for such judgment or order as upon such of fact.
admissions he may be entitled to, without waiting for the determination of any other question between the parties ; and the Court or a
Judge may upon such application make such order, or give such
judgment, as the Court or Judge may think just.
'1
8. An affidavit of the solicitor of the due signature of any admissions made in pursuance of any notice to admit documents or facts
shall be suiffcient evidence of such admissions if evidence thereof be
required.
Evidence of
admissions.
9. Notice to produce documents shall be in Form No. 4 in Appendix

to these Rules with such variations as circumstances may require.
An affidavit of the service of any notice to produce and of the time when
it was served, with a copy of the notice to produce, shall in all cases
be sufficient evidence of the service of the notice, and of the time when
it was served.
Notice to
documents.
1)roduce
Form and
evidence of
Notice.
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102
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High Court
[Subsidiary]
Costs of
notice where
documents
unnecessary.
10. If a notice to admit or produce comprises documents which

are not necessary, the costs occasioned thereby shall be borne by
the party giving such notice.
0.29
ORDER 29
ISSUES, INQUIRIES AND ACCOUNTS
Issues may
be prepared
and settled.
1. Where in any cause or matter it appears to the Court or a

Judge that the issues of fact in dispute are not sufficiently deifned,
the parties may be directed to prepare issues and such issues shall,
if the parties differ, be settled by the Court or a Judge.
Inquiries and
accounts when
directed.
2. The Court or a Judge may, at any stage of the proceedings

in a cause or matter, direct any necessary inquiries or accounts to
be made or taken, notwithstanding that it may appear that there
is some special or further relief sought or some special issue to be
tried, as to which it may be proper that the cause or matter should
proceed in the ordinary manner.
Time for
funrishin g
account.
3. The Court, by its order, may limit the time within which the
accounts ordered are to be furnished.
Special
directions as to
mode of
taking account.
4. The Court or a Judge may, either by the judgment or order

directing an account to be taken or by any subsequent order, give
special directions with regard to the mode in which the account is
to be taken or vouched, and in particular may direct that in taking
the account, the books of account in which the accounts in question
have been kept shall be taken as prima facie evidence of the truth
of the matters therein contained, with liberty to the parties interested
to take such objections thereto as they may be advised.
Accounts to be
verified by
affidavit.
Mode of
vouching
accounts.
5. Where any account is directed to be taken, the accounting

party, unless the Court or a Judge shall otherwise direct, shall make
out his account and verify the same by affidavit. The items on each
side of the account shall be numbered consecutively, and the account
shall be referred to by the afifdavit as an exhibit and shall be ifled
in the Registry within the time limited by the order, or if no time
be limited, within twenty-eight days of the date of the order. The
accounting party shall forthwith give notice of the filing of the account
to the opposite party.
)
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6. Upon the taking of any account the Court or a Judge may

direct that the vouchers shall be produced at the ofifce of the solicitor
of the accounting party, or at any other convenient place, and that
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LAWS OF GUYANA
High Court
(
Cap. 3:02

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[Subsidiary]
O. 29
only such items as may be contested or surcharged shall be brought

before the Judge in chambers.
7. Any party seeking to charge any accounting party beyond

what he has by his account admitted to have received, or to strike
out or reduce any items for which he has taken credit, shall, within
twenty-eight days after notice has been given of the account having
been ifled, give notice thereof to the accounting party, and file with
the Registrar a copy of such notice, stating, so far as he is able, the
amounts sought to be charged and reduced respectively and the
particulars thereof in a short and succinct manner. If no notice is
given or ifled the correctness of the accounts shall be deemed to be
admitted.
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Surcharging
and falsifying.
8. The accounting party may, within fourteen days after receiving Answer by
partynting
notice of the objections, ifle an answer and deliver a copy thereof aecou
to the opposite party in which answvv er he shall state, in a short and
succinct manner, how far he admits or does not admit the objections
to his account. If he does not ifle and deliver a copy of such answer
within fourteen days, or such further period if any, as the Court or a
Judge may allow, he shall be deemed to have admitted all the
objections.
103
9. After the ifling of the notice of objections and the answer

thereto, or after the time limited for so doing has expired, as the
case may be, the documents shall forthwith be laid by the Registrar
before a Judge, who shall ifx a time for the consideration of the
accounts and the objections thereto.
Time to be
10. At the time so fixed the parties shall appear before the Judge,
who, after hearing the parties or such of them as shall attend, and
considering any evidence adduced by them, shall settle all questions
of law or fact raised by the objections to the account. The party
objecting to the account shall not, except by leave of the Judge, be
permitted to raise any objections to the account other than those
stated in his notice of objections.
Determination
of objections.
11. When all questions of law and fact have been decided by the
Judge, he may either settle and adjust the accounts himself, or in
any case in which it shall appear to him to be necessary or desirable
to do so, direct that the accounts be referred to an accountant or other
person in order that the account between the parties may be adjusted
and settled in accordance with his findings, and may limit a time within
Settlement
of account.
consi dr ation
ifxedfer
of accounts and
objections.
I
which the account shall be so adjusted and settled.

L.R.O. 111973
LAWS OF GUYANA
104
Cap. 3:02
High Court
Form of
account.
12. The account as adjusted and settled shall show what sum
(if any) is due from any party to any other party ; and when settled
by the accountant shall be deposited in the Registry within the time so
limited, unless such time be extended by the Judge.
Deposit of
account to
be notiifed.
13. When the account as ifnally settled has been deposited in

the Registry, or has been settled by the Judge, the Registrar shall
forthwith notify the respective parties thereof.
Application for
judgment.
14. Any party may, within fourteen days after receiving notice
from the Registrar, apply to the Court or a Judge for the judgment
to which he considers that he is entitled.
Inquiry as to
outstanding
estate.
15. Every judgment or order for a general account of the estate

of a testator or intestate shall contain a direction for an inquiry what
parts, (if any) of such estate are outstanding or undisposed of, unless
the Court or a Judge shall otherwise direct.
Accounts and
inquiries to be
numbered.
16. Where by any judgment or order, whether made in Court

or in Chambers, any accounts are directed to be taken or inquiries
to be made, each such direction shall be numbered so that, as far as
may be, each distinct account and inquiry may be designated by a
number, and such judgment or order shall be in the Ririt in Appendix
J to these Rules with such variations as the circumstances of the case
may require.
Just
allowances.
17. In taking any account directed by any judgment or order all

just allowances shall be made without any direction for that purpose.
Costs.
18. The costs of the proceedings, unless the Judge before whom the
parties have appeared shall otherwise order, shall be costs in the
cause ; and the amount of remuneration to be paid to the accountant
or other person shall be ifxed by the Court or Judge, and shall be paid
by such party or parties and in such proportions as the Court or Judge
shall direct.
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ORDER 30
Special case
by consent.
I. SPECIAL CASE
1. The parties to any cause or matter may concur in stating the
questions of law arising therein in the form of a special case for
the opinion of the Court. Every such special case shall be divided
into paragraphs numbered consecutively, and shall concisely state
such facts and documents as may be necessary to enable the Court
LAWS OF GUYANA
High Court
105
Cap. 3:02
[Subsidiary]
to decide the questions raised thereby. Upon the argument of such

case the Court and the parties shall be at liberty to refer to the whole
cOntents of such documents, and the Court shall be at liberty to draw
from the facts and documents stated in any such special case any
inference, whether of fact or law, which might have been drawn therefrom if proved at a trial.
2. If it appear to the Court or a Judge, that there is in any cause Special case
efotetrial.
or matter a question of law, which it would be convenient to have tyd
decided before any evidence is given orany question or issue of fact
is tried, or before any reference is made to a referee or an arbitrator,
the Court or Judge may make an order accordingly, and may direct
such question of law to be raised for the opinion of the Court, either
by special case or in such other manner as the Court or Judge may deem
expedient, and all such further proceedings as the decision qf such
questions of law may render unnecessary may thereupon be stayed.
3. Every special case shall be signed by the several parties or their Signing of
special case.
counsel or solicitors, and shall be filed in the Registry.
4. No special case in any cause or matter to which an infant,

or person of unsound mind not so found by inquisition is a party,
shall be set down for argument without leave of the Court or a
Judge, the application for which must be supported by sufifcient
evidence that the statements contained in such special case, so far
as the same affect the interests of such infant, or person of unsound
mind, are true.
Where person
agrais;
udis
party leave to
nsetdwn
ec essa ry .
5. Either party may request the Registrar to enter a special case Form of
ent ryfor .
for argument by delivering to the Registrar a memorandum of entry arguinent
in the Form in APpendix K to these R:ules and also if any infant,
or person of unsound mind not so found by inquisition be a party to
the cause or matter, producing a copy of the order giving leave to enter
the same for argument.
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6. The parties to a special case may, if they think ift, enter into Agreement as
mcneyand of
an agreement in writing that, on the jUdgment of the Court being to)aynlent
given in the affirmative or negative of the questions of law raised costs.
by the special case, a sum of money, ifxed by the parties, or to be
ascertained by the Court, or in such manner as the Court may direct,
shall be paid by one of the parties to the other of them, either with or
without costs of the cause or matter ; and the judgment of the Court
may be entered for the sum so agreed or ascertained, with or without
costs, as the case may be, and execution may issue upon such j udgment
forthwith, unless otherwise agreed, or unless stayed on appeal.
L.R.O. 1/1973
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106
Cap. 3:02
High Cout
[Subsidiary]
0.31
1
Application
of order.
7. This Order shall apply to every special case stated in a cause or

matter, or in any proceedings incidental thereto.
II. ISSUES
Hearing of
questions of
fact agreed
upon.
OF FACT WITHOUT PLEADINGS
8. When the parties to a cause or matter are agreed as to the

questions of fact to be decided between them, they may, after writ
issued and before judgment, by consent and order of the Court or a
Judge, proceed to the hearing of any such questions of fact without
formal pleadings, stating such questions in the form of deifnite
issues, and such issues may be entered for hearing and heard in the
same manner as any issue joined in an ordinary action, and the
proceedings shall be under the control and jurisdiction of the Court
or Judge, in the same way as the proceedings in an action.
Order for
payment of
sum of money.
9. The Court of a Judge may by consent of the parties order

that, upon the findings in the affirmative or the negative of such
issue as in the last preceding rule mentioned, a sum of money, ifxed
by the parties, or to be ascertained upon a question inserted in the
issue for that purpose, shall be paid by one of the parties to the other
of them either with or without the costs of the cause or matter.
Entry of
judgment upon
the ifnding.
10. Upon the ifnding of any such issue as in rule 8 mentioned,

judgment may be entered for the sum so agreed or ascertained as
aforesaid, with or without costs as the case may be, and execution
may issue upon such judgment forthwith, unless otherwise agreed,
or unless stayed by the Court or a Judge.
Record of
weeedings
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11. The proceedings upOn such issue as in rule 8 mentioned may

be recorded at the instance of either party, and the judgment, whether
actually recorded or not, shall have the same effect as any other
judgment in a contested action.
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ORDER 31
I.
Reference
by consent.
ARBITRATION
1. If the parties to an action desire that the matters in difference

between them in the action, or part thereof, or any of such matters,
should be referred to the final decision of an arbitrator or arbitrators,
they may apply to the Court or a Judge at, any time before ifnal judgment for an order of reference, and the Court or Judge may, on such
application, make an order of reference accordingly.
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High Court
Cap. 3:02
107

0.31
2. The arbitrator or arbitrators shall be nominated by the parties Appointment

such manner as may be agreed upon between them. If the parties arbitrators.
cannot agree with respect to the nomination, or if the person or persons
nominated by them shall decline to accept the arbitration, and the
parties are desirous that the nomination should be made by the Court
or Judge, the Court or Judge shall appoint an arbitrator or arbitrators.
in
3. The Court or Judge shall, by the order, refer to the arbitrator Order of
or arbitrators the matters in difference in the action which they are reference.
required to determine, and ifx such' time as may seem reasonable for
the delivery of the award.
4. If the reference be to two or more arbitrators, provision shall Umpire.
be made in the order for a difference of opinion between the arbitrators,
by the appointment of an umpire, or otherwise, as may be agreed
upon between the parties, or if they cannot agree, as the Court or
Judge may determine.
5. In a reference to arbitration any person being guilty of any Contempt of
contempt of the arbitrator or arbitrators, or umpire, during the arbitrator.
investigation of the matters referred, shall be subject to the like
liabilities and penalties, by order of the Court on representation to
the Court by the arbitrators or umpire, as he would incur in an action
before the Court.
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6. If the award shall not have been completed within the time Extension of
specified in the order, from want of necessary information or evidence, time for award.
or other good and sufifcient cause, the Court or Judge may from
time to time enlarge the period for delivery of the award, if he shall
think proper. In any case in which an umpire shall have been appointed, it shall be lawful for him to enter on the reference in lieu of
the arbitrators if they shall have allowed their time, or their extended
time, to expire without making an award, or shall have delivered to the
Registrar, or to the umpire, a notice in writing stating that they cannot
agree. An award shall not be liable to be set aside only by reason of its
not having been completed within the period allowed by the Cout
or Judge, unless the award shall have been made after the issue of an
order superseding the arbitration.
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7. If in any case of reference to arbitration, any arbitrator or Death, etc., of

umpire or
umpire shall die, or refuse, or become incapable to act, the Court arbitrator
or Judge may appoint a new arbitrator or umpire in place of the
person so dying, or refusing, or becoming incapable to act. When
the arbitrators are empowered by the order of reference to appoint
an umpire, and do not appoint an umpire, any of the parties may
L.R.O. 111973
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LAWS OF GUYANA
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High Court
Cap. 3:02
[Subsidiary]
0.31
serve the arbitrators with a written notice to appoint an umpire and

if within seven days after such notice shall have been served no
umpire be appointed, the Court or Judge may, upon the application of
any of the parties and upon proof of the service of such notice, appoint
an umpire. In any case of appointment under this rule, the arbitrators
or umpire so appointed shall have the like powers in all respects as
if appointed by the original order of reference.
Award to
be positive.
Special case.
Modiifcation
or correction
of award.
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10. The Court may, on the application of either party, modify

or correct an award, where it appears that a part of the award is upon
matters not referred to arbitration, provided that such part can be
separated from the other part, and does not affect the decision on the
matter referred, or where the award is imperfect in form, or contains
any error which can be amended without affecting such decision.
Application to
set aside award.
12. Any application to set aside an award shall be made within

fourteen days after notice of the filing thereof, and not afterwards.
Procedure
on award.
13. The arbitrators or umpire shall deposit ,the award with the
R.egistrar who shall notify the parties th.at the award has been
deposited. The Registrar shall, on the application of any party,
file the award, and the parties may then examine the same and take
up copies thereof. If within fourteen days after such notice no application shall be made to set aside, or modify, or correct the award, or
remit the same or any of the matters referred for reconsideration,
or if the Court shall refuse any such application, the award shall have
the same force and effect for all purlioses as a judgment, and judgment
giving effect thereto may be formally pronounced by the Court
on the application of either party. The Court may enlarge the time
for making an application to modify, correct, or remit an award.
9. It shall be lawful for the arbitrators or umpire, if they or he

shall think fit, and it is not provided to the contrary in the order,
to state their or his award, as to the whole or any part thereof, in the
form of a special case for the opinion of the Court upon any question
of law.
11. The Court may also on such application make such order as
it thinks just respecting the costs of the arbitration, if the award
contains no sufficient provision respecting such costs or their amount.
8. The award shall find conclusively on the matters referred,

and may not find on the contingency of any matter of fact being
afterwards substantiated. Where several matters are referred, it
shall find severally as to each of such matters.
Costs.
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High Court
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The Arbitration Act shall apply mutatis mutandis to any Arbitration

Act to apply.
reference to arbitration under this Order.
c. 7:03
14.
15. In any case involving any question for an expert witness the Court may
Court or a Judge may in his discretion at any time on the application appoint expert.
of any party appoint an independent expert (to be called "the Court
expert") to inquire and report upon any question of fact or of opinion
not involving questions of law or construction (hereinafter called
"the issue for the expert").
I
16. The report so far as it is not accepted by all parties shall be Report of
treated as information furnished to the Court and shall be given "Pc"
such weight as the Court may think ift. The report shall be made
in writing to the Court, together with such carbon or other copies
as the Court may require, and copies of the report shall be forwarded
by the Registrar to the parties or their solicitors.
17. Any party shall be at liberty within fourteen days after receipt Cross
exaexpert
niination
of a copy of the report or such other time as the Court or Judge of
shall direct to apply for leave to cross-examine the Court expert
on his report, and the Court or Judge shall on such application either
(a) make an order for the cross-examination of the Court expert by all
parties at the trial, he being called and sworn at such stage as the Court
shall at the hearing direct, or (b) make an order for a like crossexamination beforean examiner at such time and place as the Court
shall direct.
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18. The Court expert shall if possible be a person agreed between Expert to be
agreedtipr or
the parties, and failing agreement shall be nominated by the Court nommate
or Judge. The question or the instructions submitted or given to the
Court expert, failing agreement between the parties, shall be settled
by the Court or Judge.
19. If the Court expert is of the opinion that any experiment or

test of any kind is necessary to enable him to report in a satisfactory
manner (other than any experiment or test of a trilfing character), he
shall communicate the fact to the parties or their solicitors and shall
endeavour to arrange with them as to the expenses involved and as to
the persons to attend and other similar matters. Failing agreement
between the parties all such matters shall be determined by the Court
orJudge.
Experiment or
test by expert.
L.R.O.
LAWS OF GUYANA
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O. 31
Supplemental
report.
Remuneration.
Calling of
additional
expert.
High Court
20. The Court or Judge may at any time direct the Court expert
to make a further or supplemental report which shall be treated as
annexed to his original report.
21. The remuneration of the Court expert shall be fixed by the
Court or Judge and shall include a fee for making the report or fee
for any supplementary report and a proper sum per diem for each day
during which the presence of the Court expert may be required either
in Court or before an examiner. The parties shall be jointly and
severally liable to pay the remuneration so ifxed without prejudice
to the question by whom it shall be ordered to be paid as part of the
costs of the action or proceeding: provided however that in any case
in which the appointment of a Court expert is opposed, the Court
or Judge may require the party applying for the appointment to give
such security for the remuneration of the Court expert as the Court or
Judge may think proper as a condition of making the appointment.
22. Any party shall be at liberty on giving reasonable notice
before the trial to call, with regard to the issue for the expert, not more
than one expert witness, provided that in exceptional cases and by the
leave of the Court two or more expert witnesses may be called ; provided
however that the costs of and occasioned by the calling of any such
expert shall be specially dealt with by the Judge at the trial, and that no
such costs shall be allowed to a successful party unless the Judge
shall certify that the calling of such expert was reasonable and that his
evidence has materially assisted the Court in determining the question
or issue.
23. in any case in which more than one issue for the expert shall
arise the Court or a Judge may appoint more than one Court expert
to inquire and report on the separate issues so arising, and these rules
shall apply to each Court expert so appointed.
Costs of advice
of an expert.
24. In taxing the costs incurred in proceedings in which a Court

expert shall have been appointed such just and reasonable charges
and expenses as appear , to have been properly incurred in obtaining
the advice of an expert (whether called as a witness or not) as to whether
the action should be brought or defended or as to whether the report
or reports of the Court expert should be accepted to any and what
extent or as to the matters on which he might properly be crossexamined upon his report or reports, including if proper the attendance in Court of the expert so employed, are to be allowed.
Definition
of expert.
25. The word "expert" in this Order shall include scientific persons,
medical men, engineers, accountants, actuaries, architects, surveyors,
Expert for
each issue.
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and other specially skilled persons whose opinions on any question

relevant to the issues involved would be received by the Court.
,
,
26. (1) In any proceedings under the Patents and Designs Act, Scientiifc
c.o
or in proceedings for infringement of a patent, the Court or a Judge a%seri
may, at any time, and whether or not an application has been made by
any party for that purpose, appoint an independent scientific adviser
to assist the Court or to inquire and report upon any question of fact
or of opinion not involving questions of law or construction.
(2) The Court or Judge shall nominate the scientiifc adviser
and shall settle the question or instructions to be submitted or given
to him.
(3) The remuneration of the scientific adviser shall be fixed by
the Court or Judge and shall include the costs of making a report and
a proper daily fee for any day on which the scientiifc adviser may be
required to attend before the Court, and such remuneration shall be
defrayed out of public funds.
(4) The foregoing provisions of this Order (except rules 18
and 21 thereof) shall apply to a scientiifc adviser appointed under this
ENTRY FOR HEARING
(1) When a cause or matter has become ripe for hearing, it shall
be the duty of the plaintiff or -other party in the position of plaintiff
to ifle a request for hearing within six,weeks thereafter.
(2) A request for hearing shall be in the Form in Appendix K
to these Rules with such variations as circumstances may require.
1.
Request for
hea:ritlrgby
,>
,
2. If the plaintiff or other party as aforesaid does not within

the time prescribed under the preceding rule ifle a request for hearing,
the defendant may ifle such request or may apply to the Court or a
Judge to dismiss the cause or matter f
t,Of prosecution; and on
the hearing of such application tl
or Judge may order the
cause or matter to be dismissed acc
or may make such other
order, and on such terms, as to the
udge may seem just.
Request for
ejri
enan
ry t7
3. (1) Subject as hereinaf

ripe for hearing when
When cause or
mat ter ripe
for hearing.
'
provided, a cause or matter shall be
Application to
dismiss for
want of
prosecution.
L.R.O. 111973
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(a) the defendant is in default of appearance or has failed

to deliver a defence and the plaintiff has complied with Order 11
or Order 25 as the case may be;
(b) the pleadings have been closed by the delivery of a reply

or if no reply has been delivered after the time for delivery of a
reply has expired ;
(c) an order has been made under Order 12 or under any other
Order giving directions as to the trial of the cause or matter.
(2) If there are any interlocutory moceedings pending, a causp--or !natter shall not become ripe for hearing until the determination of
such proceedings unless the Court or a Judge otherwise orders.
Papers for
the Court.
4. (1) The party filing a request for hearing shall at the same time
deliver to the Registrar one complete copy oftlyiwhole of the pleadings
,
for the use of the Trial Judge.
(2) A party shall, when filing a pleading after an ac,tion has been
entered for hearing, also deliver a copy thereof, for the use of such
Judge.
(3) If any party fails to comply with this rule the Court or a
Judge may make such order as to the hearing or determination of the
cause or matter or as to costs or otherwise as the Court or Judge may
think ift.
Notice of
5. The party ifling a request for hearing shall forthwith give

notice thereof in writing to all other parties in the cause or matter
but defendants or third parties who have not entered appearance
shall not be entitled to such notice.
Hearing List.
6. The Registrar shall on the day on which a request for hear;ing

has been ifled, enter the cause or matter on the Hearing List /and
such entry shall be made in the order in which each request is iflid.
Place of
hearing.
7. (I) Subject to Order 10, every cause or matter shall be heard

at the place in which the Registry in which the claim or pleadings
have been ifled is situate; but the Court or a Judge may, on the application of any party, order that any cause or matter or any application
or proceeding in any cause or matter be heard at any other place at
which the Court or Judge is authorised to sit.
(2) When a cause or matter or application or proceeding is
heard elsewhere than in Georgetown the judgment or decision of
the Court or Judge may be pronounced or given at any sitting of the
Court in Georgetown.
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8. (1) A cause or matter shall be deemed deserted if no request When cause

for hearing shall be ifled within six months after the expiration
ct(' rere rte
au
the period ifxed for the filing of such request.
\
(2) When an action has been deemed deserted, no further
proceedings may be taken therein, unless and until an order for
revivor has been made by the Court or a Judge on the application
of any party or a consent to revivor and a request for hearing signed
by all parties thereto have been ifled.
.
,
(3) No order for or consent to revivor shall avail as an advantage

to the plaintiff in respect of the period of limitation applicable to the
cause of action.
9. (1) A cause or matter shall be deemed altogether abandoned when cause

ouiate
and incapable of being revived if prior to the filing of a iequest for andoned.
hearing or consent to judgment or the obtaining of judgmentF-14
ig r.
1-1,
6:4 z
(a) any party has failed to take any proceeding or file any
4
c.1,41,-1,4...c1-4._i
(b) no application for or consent to revivor has been ifled

within six months after the cause or matter has been deemed -
1,3
LI- L 1
desrt;o
(c) if the cause or matter has not, on the request of any party
been entered on the Hearing List within six months from the date
of any order of revivor.
(2) The instituting of a cause or matter which has been deemed

altogether abandoned shall be of no effect in interrupting any period
of limitation.
10. The Registrar shall, under the direction of the Court, appoint Date of
the days on which the actions appearing on the Hearing List shall hearing.
be heard by the Court, and notice of the days so appointed shall be
published and exhibited in such manner and in such place as the Court
may direct.
I
.
11. It shall not be competent for the parties to postpone by consent Postponement
the hearing of any action which has been fixed for hearing; but the of hearing.
Court or a Judge may, if the Court or Judge think it expedient in the
interests of justice, postpone or adjourn the hearing for such time and
upon such terms, if any, as the Court or Judge shall think ift.
12. It shall be the duty of all parties to any cause or matter entered Information to
teinentetc.
for hearing to furnish without delay to the Registrar all available Registrarof
L.R.O. 111973
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information relating to any settlement, or likelihood of settlement,

of the cause or matter, or affecting the estimated length of the trial.
ORDER 3J7
TRIAL
Absence of
parties.
If, when a trial is called on, neither party appears, the Court
may direct that the action be struck off the hearing list, and such
action shall not be capable of being further proceeded with except
by leave of the Court or a Judge.
2. If, when a trial is called on, the plaintiff appears, and the defendant does not appear, the plaintiff may prove his claim, so far as the
burden of proof lies upon him.
Absence of
plaintiff.
3. If, when a trial is called on, the defendant appears, and the
plaintiff does not appear, the defendant, if he has no counterclaim,
shall be entitled to judgment dismissing the action, but if he has a
counterclaim, then he may prove such counterclaim, so far as the
burden of proof lies upon him.
Adjournment
of trial.
1.
Absence of
defendant.
T 1
4. The Court may, if it appears to be expedient in the interests

of justice, postpone or adjourn a trial for such time and to such place,
and upon such terms, if any, as it may think ift.
1
[
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Right to begin.
At the trial the party on whom in the opinion of the Court the
burden of proof is thrown by the nature of the material issues or
questions raised or to be decided has the right to begin.
Mode of trial.
6. Upon a trial the addresses of the parties and the leading of evidence shall be regulated as follows(a) the party who begins may open his case and lead evidence ;
5.
(b) when the party beginning has concluded his case, the
judge shall, unless the opposite party has already adduced
evidence, in which term is included evidence taken by affidavit
or deposition, and documentary evidence, ask the opposite party
if he intends to adduce evidence;
(c) if the opposite party has already adduced evidence or

indicates his intention to lead .zvidence he may open his case and
lead evidence and sum up and comment thereon. The party
beginning may then reply upon the whole case;
LAWS OF GUYANA
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(d) if the opposite party has not already adduced evidence

or indicates that he does not intend to lead evidence, the party
beginning shall be entitled to sum up the evidence already given
and comment thereon and the opposite party may address the
Court on the evidence adduced, in which case the party beginning
shall have no right of reply;
(e) if the opposite party though adducing no evidence, raises
points of law or cites legal decisions, the party beginning may
reply on the points or make observations on the cases cited ;
(f) the party beginning may by leave of the Court, ai ihe conclusion of the evidence for the opposite party and before the
opposite party sums up his case, lead fresh evidence in rebuttal
of the evidence adduced by the opposite party on points material
to the determination of the issues or any of them, but not on
collateral matters ;
(g) the opposite party in summing up his case, may address

the Court on the fresh evidence so adduced.
7. (1) Subject to paragraph (2), in every action on the hearing of
which oral evidence is given, the judge shall take down, in his own
handwriting, notes of such evidence.,
Notes of
evidence.
(2) In any action, cause or matter, on the application of any

party, a shorthand note of any evidence given orally in Court and of
any judgment delivered by the Judge may be taken by a shorthand
writer appointed by the Court, but at the expense in the if st instance
of the party on whose behalf the application is made, and in such case
a transcript of the shorthand writer's notes, examined by the Judge
and certified by him to be correct, shall be admitted for all purposes of
an appeal as an authentic record of the oral evidence given and of the
judgment delivered.
I
0
(3) Any transcript required for the Court of Appeal or for

the Judicial Committee of the Privy Council shall be paid for by
the appellant in the ifrst instance, and the costs thereof shall unless the
Court of Appeal or the Judicial Q?mmittee of the PrivylCouncil
otherwise orders, be costs in the appeal.
8. Where a question put to a witness, or the reception of a document
tendered in evidence, is objected to, the Judge, unless the objection
appears frivolous shall, if requested by either party, take a note of
the question and objection, and mention on the notes whether the
question was allowed to be put or not, and the answer to it if put;
and where a document is produced and tendered in evidence, and
Note of
objection.
L.R.O. 1/1973
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rejected by the Court, the document shall be marked by the Registrar

as having been so tendered and rejected.
Documents to
be tendered.
9. Documents must be tendered after being proved, where proof

is necessary, and read or taken as read.
Documents to
be marked.
10. Every document or object admitted in evidence shall be

marked by the Registrar at the time, and shall unless otherwise
ordered by the Court be retained during the hearing, and returned
on demand to the party who put it in, or from whose custody it
came after the time for appealing from the judgment has expired
without any appeal being brought.
Variance
between
pleading
and proof.
11. No variance between the allegation in a pleading and the

proof shall be deemed material, unless it actually misleads the
opposite party in maintaining his action or defence upon the merits;
whenever it is alleged that a party has been so misled, that fact must
be proved to the satisfaction of the Court, and it must be shown in
what respect he has been misled, and thereupon the Court may order
the pleadings to be amended upon such terms as may appear just.
Where the variance is not material, the Court may ifnd the fact
according to the evidence, or order an immediate amendment.
Evidence in
mitigation of
damages in
action for
libel or slander.
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12. In actions for libel or slander, in which the defendant does not
by his defence assert the truth of the statement complained of, the
defendant shall not be entitled on the trial to give evidence in chief,
wi th a vie.w to mitigation of damages, as to the circumstances under
which the libel or slander was published, or as to the character of the
plaintiff, without the leave of the Judge, unless seven days at least
before the trial he furnishes particulars to the plaintiff of the matters
as to which he intends to give evidence.
Disallowance
of vexatious
questions in
crossexamination.
13. The Judge may in all cases disallow any question put in crossexamination of any party or other witness which may appear to him
to be vexatious, and not relevant to any matter proper to be inquired
into in the cause or matter.
Giving of
judgment.
14. The Court or Judge shall, at or after trial, give such judgment
as appears to be just and direct the same to be entered.
Note of
roceedings
by Registrar.
15. The Registrar shall make a note of the proceedings at the

trial and 'in particular shall note the time at which each day's hearing
begins and ends and the time actually occupied thereby on each day
on which the trial shall take place and shall keep a list of all exhibits
in the action.
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Cap. 3:02
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ORDER 34
1.
EVIDENCE GENERALLY
RULE
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1.
Viva voce evidence.
2. Evidence on hearing of application to be afifdavit.
3. Summons to witness.
4. Expenses of witness.
5. Payment of witnesses.
6. Service of summons.
,
7. Witness not summoned.
8. Witness not attending.
9. Production of documents.
10. Reading evidence taken in other causes or matters.
11. Office copies admissible in evidence.
12. Evidence on Commission.
13. Letters of request.
14. Order for attendance of person to produce.
15. Power to administer oaths.
16. Examiner to have copy of writ and pleadings.
17. Examination, how taken.
18. Depositions, how taken.
19. Depositions to be transmitted to the Registrar.
20. Special report by examiner.
21.' Evidence in anticipation of action.
22. Refusal of witness to attend or be sworn.
23. Objection by witness to questions.
24. Costs occasioned by refusal or objection.
25. Depositions not to be given in evidence without consent or by leave
of Judge.
26. Attendance of witness under subpoena for examination or to
produce.
27. Evidence taken after trial.
28. Practice as to taking evidence at any stage of cause or matter.
29. Special directions as to taking evidence.
+
30. Use of evidence in subsequent proceeding.
2.
T
I
PERPETUATING TESTIMONY
31. Action to perpetuate testimony.

32. Examination of witnesses.
33. Such action not to be set down for trial.
3.
AFFIDAVITS
34. Title of afifdavits.

35. Form of afifdavit.
L.R.O. 111973
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RULE
36. Description and abode of deponent.

37. Before whom sworn.
38. Time and place of taking afifdavit to be stated.
39. Joint affidavit of two or more deponents.
i
41. Striking out scandalous matter.
42. Alterations in afifdavits.
43. Affidavit of blind or illiterate person.
44. Use of defective affidavit.
45. Affidavit sworn before solicitor or party.
46. Affidavit sworn before clerk or partner of solicitor.
47. Special times for ifling affidavits.
48. Use of affidavits previously used.
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4. OBTAINING EVIDENCE FOR FOREIGN TRIBUNALS

49. Order for the examination of witness.
50. Form of order.
51. Examination: by whom to bt taken.
52. Forwarding of depositions.
53. Special directions for examination.
54. Applications under 22 Vict. C. 20.
55. State Solicitor to apply in certain cases.
56. Fees.
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1.."-E--31-LUE NCE GENEN,LL-Y----
5
I
evidence.
1. In the absence of any agreement in writing between the parties

or their solicitors, and subject to these Rules, the witnesses at the
hearing of any action or at any assessment of damages shall be
examined viva voce and in open Court. The Court may at any time,
for sufficient reason, order that any particular fact or facts may be
proved by afifdavit, or that the affidavit of any witness may be read
at the hearing on such conditions as the Court may think reasonable,
or that any witness whose attendance in Court ought, for sufficient
reason, to be dispensed with, be examined by interrogatories or otherwise by the Registrar or a Commissioner to be appointed by the Court
for that purpose ; provided that where it appears to the Court that the
other party bona fide desires the production of a witness for crossexamination, and that such witness can be produced within such time
as the Court deems reasonable, an order shall not be made authorizing
the evidence o r such witness to be given by afifdavit.
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2. Evidence in support of an application or upon any niotion, Evidence on

appioti00 to
petition or summons shall ordinarily 'be given by affidavit, but the heatrg0f
Court or Judge, on the application of either party, may order the be by affidavit.
attendance for cross-examination of the person making any such
afifdavit. By leave of the Court or Judge to be obtained at the time of
making the application, motion, petition or summons any particular
fact or facts may be proved by the evidence of witnesses given viva
I
i
voce.
3. (1) Any party desiring to summon any witness shall give the Summons
requisite instructions in writing to the Registrar, who shall prepare
trra
[t]
and serve the summons. To the summons of any witness may be added
a clause requiring the witness to produce in Court any deed, ad, letter,
book, writing, document or voucher whatsoever in his possession or
over which he may have power or control, saving just exceptions.
(2) Every summons shall be in such one of the Forms in Appendix L to these Rules as may be applicable and shall in addition be
signed by or on behalf of the Registrar.
4. No person summoned as a witness shall be bound to obey

the summons, nor be liable to be examined as a witness, unless
with the instructions ,for the summons of such person there shall
be lodged with the Marshal such reasonable sum as will defray
the bona ifde travelling expenses of such person to the Court and
back to his home, and remunerate him for one day's attendance at
the Court; in the event of any witness being detained longer than
one day before he is called to be examined, he shall not be liable
to be examined before he is paid for such longer period for i which
he is detained.
Expenses of
witness
5. Upon the amount of remuneration and travelling expenses

to which any witness shall be entitled being proved by the oath
of such witness, or otherwise, to the satisfaction of the Registrar,
the account of such witness shall be signed by the Registrar, and
shall be a sufifcient authority to the Marshal to pay the amount
of such account out of the sum deposited as aforesaid, and such
account, with the receipt of the witness and any balance of such
deposit, the Marshal shall, on application deliver to the party by
whom such deposit was made.
Payment of
witnesses.
6. Each summons shall be served by the Marshal or othe person

authorised by the Registrar on a witness personally, or by leaving
at the usual place of residence or business of such witness a copy
of the summons not less than twenty-four hours before the time when
Service of
summons.
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his attendance is required, if the witness lives in the city or town

in which the examination or trial is to take place; if he lives elsewhere,
the service shall be not less than four days before the time of attendance, or such other time as the Court or a Judge thinks reasonable or
may direct.
Witness not
summoned.
Witness not
attending.
Production
of documents.
Reading
evidence ta ken
in ot her ca uses
or matters.
()4
7. AnY' party may produce and examine any competent witness

although not summoned, and every witness who shall . appear and
be examined without being summoned shall be entitled to the like
remuneration as if he had been summoned.
f ,
8. Any person duly summoned as a witness, and not appearing,

and not having a reasonable excuse, shall be guilty of a contempt of
Court, and shall be punished at the discretion of the Court with ifne
or imprisonment, or both.
9. A party notified or summoned to produce documents at the

hearing shall, when called upon so to do, produce in Court the
documents comprised in the notice or summons, if the same are
in his custody, possession or power. In case the party notified or
summoned does not so produce any document comprised in the notice
or summons, the Court may make such order for the production
thereof as it may think right, or allow the opposite party to give
secondary evidence of the contents of such document, and the party
making wilful default so to produce any document in his custody,
possession, or power, may be ordered to pay any costs occasioned by
its non-production.
Z i
10. An order to read evidence taken in another cause or matter

shall not be necessary, but such evidence may, saving all just exceptions,
be read on ex parte applications by leave of the Court or a Judge,
to be obtained at the time of making any such application, and in any
other case upon the party desiring to use such evidence giving four
days' previous notice to the other parties of his intention to read such
evidence.
Office copies
ad missible
in evidence.
11. Ofifce copies, that is to say, copies certiifed and sealed by the
Registrar of all writs, records, pleadings, and documents filed in
the Registry, shall be admissible in evidence in all causes and matters,
and between all persons or parties, to 'the same extent as the original
would be admissible.
Evidence on
Commission.
12. (1) The Court or a Judge may, in any cause or matter where it
shall appear necessary for the purposes of justicemake any order
for the examination upon oath before the Court or Judge, or any
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ofifcer or Commissioner of the Court, or any other person, and at

any place, of any witness, or of a person called to produced any
document, and may empower any party to any such cause or matter
to give the deposition of such witness in evidence therein on such terms,
if any, as the Court or Judge may direct.
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(2) The process for summoning any witnesses or persons

for such examination, and their remuneration and liabilities in case
of disobedience, shall, unless otherwise provided by these Rulesbe
the same as in the case of witnesses or persons required to give evidence
or produce documents at the hearing of an action.
If in any case the Court or a Judge shall so order there shall Letters of
request.
be issued a request to examine witnesses in lieu of a commission,
13.
'
14. The Court or a Judge may in any cause or matter at any stage Order for
dane e
or e nerson
of the proceedings order the attendance of any person for the purpose att
of producing any writings or other documents named in the order to produce.
)
which the Court or Judge may think ift to be produced :
Provided that no person shall be compelled to produce under any

such order any writing or other documents which he could not be
compelled to produce at the hearing or trial.
,
15. Any officer or Commissioner of the Court, or other person Power to
aths
directed to take the examination of any witness or person, or any vlriinister
person nominated or appointed to take the examination of any
witness or person pursuant to any convention now made or hereafter
to be made with any foreign country, may administer oaths.
16. Where any witness or person is ordered to be examined before Examiner to

any officer or Commissioner of the Court, or before any person writanT
haecof
appointed for the purpose, the person taking the examination shall pleadings.
be furnished by the party on whose application the order was made
with a copy of the writ and pleadings, if any, or with a copy of the
documents necessary to inform the person taking the examination
of the questions at issue between the parties.
17. The examination shall take place in the presence of the parties, Examination,
their counsel, solicitors or agents and the witnesses shall be subject how taken.
to cross-examination and re-examination.
1
18. The depositions shall be taken down in writing by or in the Depositions,

presence of the examiner, not ordinarily by question and answer, how taken.
but so as to represent as nearly as may be the statement of the witness,
and when completed s all be read over to the witness and signed
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High Court
by him and by the examiner in the presence of the parties or such of

them as May think fit to attend. If the witness shall refuse to sign the
depositions, the examiner shall sign the same. The examiner may put
down any particular question answer if there should appear any
special reason for doing so, and may put any question to the witness
as to the meaning of any answer, or as to any matter arising in the course
of the examination. Any questions which may be objected to shall be
taken down by the examiner in the depositions; but, except when
the deposition may be taken by the Court or a Judge, the materiality
or relevancy of a question objected to shall not be then and there
decided, but every such question shall be answered subject to the
answer being afterwards expunged if the Court should sustain the
objection.
Depositions
to be
transmitted to
the Registrar.
19. The depositions authenticated by the signature of the examiner

shall be transmitted by him to the Registrar, and shall be ifled and shall
be subject to the order of the Court.
Special report
20. The person taking the examination of a witness under these

Rules may, and if need be, shall make a special report to the Court
touching such examination, and the conduct or absence of any witness
or other person thereon, and the Court or a Judge may direct such
proceedings, and make such order as upon the report it or he may
think just.
Evidence in
anticipation of
action.
21. Evidence may be taken ii n like m anner on the application of

any person before any action has been begun, when it is shown to the
satisfaction of the Court or a Judge on oath that the person applying
has good reason to apprehend that an action will be begun against him
in the Court, and that some person within the jurisdiction at the time
of the application can give material evidence respecting the subject
of the apprehended action but that he is about to leave the jurisdiction,
or that from some other cause the person applying may lose the beneift
of his evidence if it be not at once taken, and the evidence so taken may
be used at the hearing, subject to all just exceptions. The Court or
Judge may impose any terms or conditions with reference to the
examination of such witness, and the admission of such evidence, as to
the Court or Judge may seem reasonable.
Refusal of
witnessto
attendor
be sworn.
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22. If any person duly summoned to attend for examination shall

refuse to attend, or if, having attended, he shall refuse to be sworn
or to answer any lawful question, a certiifcate of such refusal, signed
by the examiner, shall be filed in the Registry, and thereupon the party
requiring the attendance of the witness may apply to the Court or a
Judge ex parte or on notice for an order directing the witness to attend,
or to be sworn, or to answer any question, as the case may be.
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LAWS OF GUYANA
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Cap. 3:02
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O. 34
23. If any witness shall object to any question which may be Objection by
witness to
put to him before an examiner, the question so put, and the objection questions.
of the witness thereto, shall be taken down by the examiner, and
transmitted by him to the Registry to be there ifled, and the validity
of the objection shall be decided by the Court or a Judge.
24. In any case under the last two preceding Rules the Court or Costs
r:iusa?or
ocasin e d b y
a Judge shall have power to order the witness to pay any costs
objection.
occasioned by his refusal or objection.
25. Except where by this Order otherwise provided, or directed Depositions
notevenc
t be!i v e n
by the Court or a Judge, no deposition shall be given in evidence in
at the hearing or trial of the cause or matter without the consent without
ons e t )y .
of the party against whom the same may be offered, unless the Court caveofudge
or Judge is satisfied that the deponent is dead, or beyond the juris
diction of the Court or unable from sickness or other infirmity to
attend the hearing or trial, in any of which cases the depositions
certiifed under the hand of the person taking the examination shall be
admissible in evidence saving all just exceptions without proof of the
signature to such certificate..
26. Any party in any cause or matter may by subpoena ad

testificandum or duces tecum require the attendance of any witness
before an ofifcer of the Court, or other person appointed to, take the
examination, for the purpose of using his evidence upon any proceeding in the cause or matter in like manner as such witness would be
bound to attend and be examined at the hearing or trial ; and any
party or witness having made an affidavit to be used or which shall be
used on any proceeding in the cause or matter shall be bound on being
served with such subpoena to attend before such officer or person for
cross-examination.
Attendance of
wanes s uncle
spoena
forr
examination or
to produce.
r
27. Evidence taken subsequently to the hearing or trial of any Evidence taken
cause or matter shall be taken as nearly as may be in the same manner after trial.
as evidence taken at or with a view to a trial.
28. The practice with reference to the examination, cross-examination, and re-examination of witnesses at a trial shall extend and be
applicable to evidence taken in any cause or matter at any stage.
Practice as to
taking evidence
at any stage
of cause
or matter.
29. The practice of the Court with respect to evidence at a trial, special
totaicing as
when applied to evidence to be taken before an ofifcer of the Court directions
or other person in any cause or matter after the hearing or trial, shall evidence.
be subject to any special directions which may be given in any case,
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Use of evidence
in subsequent
proceeding.
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30. All evidence taken at the hearing or trial of any cause or

matter may be used in any subsequent proceedings in the same cause
or matter.
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2. PERPETUATING TESTIMONY
i
Action to
perpetuate
testimony.
31. Any person who would under the circumstances alleged by

him to exist become entitled, upon the happening of any future
event, to any honour, title, dignity or office, or to any estate or interest
in any property, immovable or movable, the right or claim to which
cannot by him be brought to trial before the happening of such event,
may commence an action to perpetuate any testimony which may be
material for establishing such right or claim.
Examination
of witnesses.
32. Witnesses shall not be examined to perpetuate testimony

unless an action has been commenced for the purpose.
Such action not

to be set
down for trial.
33. No action to perpetuate the testimony of witnesses shall be

set down for trial.
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3. AFFIDAVITS
Title of
affidavits.
34. Every affidavit shall be intituled in the action, cause or matter

in which it is sworn ; but in every case in which there are more than
one plaintiff or defendant, it shall be sufficient to state the full name
of the first plaintiff or defendant respectively, and that there are other
plaintiffs or defendants, as the case may be, and the costs occasioned
by any unnecessary prolixity in any such title shall be disallowed by the
taxing officer.
Form of
afifdavit.
35. Every affidavit shall be drawn up in the ifrst person, and shall
be divided into paragraphs. Every paragraph shall be numbered
consecutively, and as nearly as may be shall be conifned to a distinct
portion of the subject. Every afifdavit shall - be written, typed or
printed bookwise. No costs shall be allowed for any afifdavit substantially departing from this rule.
Description
and abode of
deponent.
36. Every afifdavit shall state the description and true place of
abode of the deponent or , if a solicitor , his place of business.
Before whom
37. Affidavits shall be sworn before a Judge, a Commissioner to

administer oaths, or an officer empowered under these Rules or under
any law to administer oaths.
sworn.
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38. In every affidavit the time when and the place where the Time and place
affidavit is sworn shall be inserted in the jurat otherwise the same afvto
filig
shall not be admitted in evidence without the leave of the Court or be stated.
a Judge.
39. In every affidavit made by two or more deponents the names Joint aiffdavit
c)ftwoormore
deponent
of the several persons making the afifdavit shall be inserted in the
jurat, except that if the affidavits of all the deponents is taken at one
time by the same officer, it shall be sufifcient to state that it was sworn
by both (or all) of the "abovenamed" deponents.
40. Every affidavit used in a cause or matter shall be filed in the Affidavit to
Registry. There shall be indorsed on every affidavit a note showing be filed.
on whose behalf it is filed, and no aiffdavit shall be used without such
note, unless the Court or a Judge shall otherwise direct.
41. The Court or a Judge may order to be struck out from any Striking out
affidavit any matter which is scandalous and may order the costs scandalous
matter.
of any application to strike out such matter to be paid as between
Apt ..J A . (1
is 6 - t't6' t
solicitor and client.
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42. No afifdavit having ii n the jurat or body thereof any interlin- Alterations in
eation, alteration or erasure, shall without leave of the Court or a affidavits.
Judge be read or made use of in any proceeding in Court unless
the interlineation or alteration (other than by erasure) is authenticated
by the initials of the officer taking the aiffdavit, nor in the case of an
erasure, unless the words or figures appearing at the time of taking
the affidavit to be written on the erasure are rewritten and signed or
initialled in the margin of the affidavit by the officer taking it.
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43. Where an aiffdavit is sworn by any person who appears to Affidavit of

the officer taking the affidavit to be illiterate or blind, the officer j li terate
d
shall certify in or below the jurat that the affidavit was read in his person.
presence to the deponent, that the deponent seemed perfectly to
understand it, and that the deponent made his signature in the
presence of the officer. No such affidavit shall be used in evidence
in the absence of this certificate, unless the Court or Judge is otherwise
satisfied that the aiffdavit was rtlad-?ver to and appeared to be perfectly
understood by the depo7nt:
44. The Court or a Judge may receive any affidavit sworn for Use of
the purpose of being used in any cause or matter, notwithstanding dretilT
adav
any defect by misdescription of parties or otherwise in the title or
jurat, or any other irregularity in the form thereof, and may direct
a memorandum to be made on the document that it has been so
received.
L.R.O. 111973
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[Subsidiary]
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the High Court
0.34
sworn
befre
solicitor
or party.
45. No afifdavit shall be sufifcient if sworn before the solicitor

acting for the party on whose behalf the affidavit is to be used, or
before the party himself.
Affidavit
sworn before
clerk or partner
of solicitor.
46. Any affidavit which would be insufficient if sworn before

the solicitor himself shall be insufficient if sworn before his partner
or clerk.
Special times
for filing
afifdavits.
47. Where a special time is limited for ifling afifdavits, no affidavit

ifled after that time shall be used, unless by leave of the Court or
a Judge.
Use of
afifdavits
previously
used.
48. All afifdavits which have been previously made and read in
any proceeding in a cause or matter may, with the leave of the Judge,
be used in any subsequent proceeding or at the trial of the same
cause or matter.
Affidavit
4.
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OBTAINING EVIDENCE FOR FOREIGN TRIBUNALS
49. Where under the applied Act entitled the Foreign Tribunals
Evidence Act, 1856, or the applied Act entitled the Extradition Act,
1870, section 24, any civil or commercial matter or any criminal
matter, is pending before a Court or Tribunal of a foreign country,
and it is made to appear to the Court or a Judge, by commission
rogatoire, or letter of request, or other evidence as hereinafter provided, that such Court or Tribunal is desirous of obtaining the testimony in relation to such matter of any witness or witnesses within the
jurisdiction, the Court or a Judge may, on the ex parte application of
any person shown to be duly authorised to make the application on
behalf of such foreign Court or Tribunal, and on production of the
commission rogatoire, or letter of request, or of a certiifcate signed in
the manner, and certifying to the effect mentioned in section 2 of the
said Foreign Tribunals Evidence Act, 1856, or such other evidence as
the Court or a Judge may require, make such order or orders as may
be necessary to give effect to the intention of the Acts above-mentioned
in conformity with section 1 of the said Foreign Tribunals Evidence
Act,
Order for the

examination
of witnesses.
a
a
Form of order,
50. An order made under the last preceding rule shall be in Form
No. 3 in Appendix L to these Rules, with such variations as circumstances may require.
Examination:
by whom to
be taken.
51. The examination may be ordered to be taken before any ift

and proper person nominated by the person applying, or before the
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Registrar or a sworn clerk of the Court as to the Court or a Judge

may seem fit.
52. Unless otherwise provided in the order for examination, Forwarding of

the examiner before whom the examination is taken shall, on its depositions.
completion, forward the same to the Registrar, and on receipt thereof
the Registrar shall append thereto a certificate, in Form No. 4 in
Appendix L to these Rules, with such variations as circumstances
may require, duly sealed with the seal of the Court for use out of the
jurisdiction, and shall forward the depositions so certified, and the
commission rogatoire, or letter of request, if any, to the Minister
responsible for external affairs for transmission to the foreign Court
or Tribunal requiring same.
53. An order made under rule 49 of this Order may, if the Court Special
examtnation
or a Judge shall think fit, direct the said examination to be taken directionsfor
in such manner as may be requested by the commission rogatoire
or letter of request from the foreign Court, or therein signified to
be in accordance with the practice or requirements of stich Court
or Tribunal, or which may for the same reason be requested by the
applicant for such order. But in the absence of any such special
directions being given in the order for examination, the same shall be
taken in the manner prescribed in this Order.
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54. Rules 49 to 53 of this Order shall apply, as far as may be,. Applications
Vict.
2o
to applications under the said Evidence by Commission Act, 1859, r der
for the purpose of giving effect to any commission or letter of request
from any Commonwealth Tribunal out of the jurisdiction.
55. Where a commission rogatoire, or letter of request, as mentioned in rule 49 of this Order, is transmitted to the Court by the
Minister responsible for external affairs with an intimation that it is
desirable that effect should be given to the same without requiring an
application to be made to the Court by the agents in Guyana of any of
the parties to the action or matter in the foreign country, the Registrar
shall transmit the same to the State Solicitor, who may thereupon,
with the consent of the said Minister, make such applications and
take such steps as may be necessary to give effect to such commission
rogatoire, or letter of request, in accordance with rules 49 to 53
of this Order.
State Solicitor
to apply in
certain cases.
[R. 1/1970]
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56. The fees mentioned in Appendix U to these Rules shall be Fees.

charged and be payable by the person making application under
these rules.
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ORDER 35
JUDGMENTS AND ORDERS
Minute of
judgment
or order.
A minute of every judgment or order shall be made by the

Registrar.
Drawing up
judgment
or order.
2. (1) Every judgment or order shall, unless otherwise ordered,

be drawn up and lodged with the Registrar by the party having the
conduct of the suit or the carriage of the order not later than fourteen
days from the date when the judgment was pronounced or the order
made, according to the circumstances of the case.
1.
(2) Every judgment or order when drawn up shall be dated

as of the day when such judgment is pronounced or order made,
unless the Court or a Judge shall otherwise direct, and shall take effect
from that date :
Provided that by special leave of the Court or a Judge a judgment

or order may be ante-dated or post-dated.
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(3) A draft of every judgment or order shall be left with the

Registrar to be settled before the judgment or order is signed and
sealed. If the Registrar deems it necessary he may summon the parties
before he settles the draft.
(4) After the draft has been settled by the Registrar the judgment
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Settling and
passing judgment or order
without notice.
3. (1) Notwithstanding the preceding rules of this Order the

Registrar shall be at liberty, in any case in which he may think it
expedient so to do, to draw, settle or pass the judgment or order,
without notice to any party.
(2) If any judgment or order shall not have been drawn up

and lodged within the time limited by these rules the Registrar may
report to the Judge in writing as to the reason why the provisions of
these rules in that respect have not been complied with, and whether
in his opinion any and which of the parties or their solicitors are
responsible for the delay, and thereupon the Judge may direct such
parties or their solicitors to attend before him and may, unless a
satisfactory explanation be forthcoming, make such order as to the
payment of all or any part of the cost of drawing up and entering the
judgment as he shall think ift. He may also direct that the judgment or
order shall be deemed to have been entered when the same would have
been entered in accordance with these rules, but for such delay.
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4. (1) Where an order has been made not embodying any special What orders
not be
terms, nor including any special directions, but simply enlarging need
drawn up.
time for taking any proceeding or doing any act or giving leavg--(a) for
the issue of any writ other than a writ of attachment, (b) for the
amendment of any writ or pleadings, (c) for the ifling of any document,
or (d) for any act to be done by any ofifcer of the Court other than a
solicitor, it shall not be necessary to draw up such order unless the
Court or a Judge shall otherwise direct ; but the production of a note
or memorandum of such order, signed by a Judge or the Registrar,
shall be sufifcient authority for such enlargement of tim,e, issue,
amendment, ifling, or other act. A direction that the costs of such order
shall be costs in any cause or matter shall not be deemed a special direction within the meaning of this rule. The solicitor of the pdrson on
whose application such order is made, shall forthwith give notice
in writing thereof to such person (if any) as would, if this rule had not
been made, have been required to be served with such order.
- (2) Subject to paragraph (1), when any pleading or other docupent is tendered for ifling in pursuance of an order made by the Court
a Judge, it shall not be accepted for ifling unless such order has been
drawn up and entered.
5. Every judgment or order made in any cause or matter requiring
any person to do an act thereby ordered shall state the time, or the
time after service of the judgment or order within which the act is to
be done, and upon the copy of the judgment or order which shall
be served upon the person required to obey the same there shall be
indorsed a memorandum in the words or to the effect following:
Time to be
stteri
fo r act
dgany
ordered to
be done.
"If you, the within-named A. B., neglect to obey this judgment

(or order) by the time therein limited, you will be liable to process
of execution for the purpose of cdmpelling you to obey the same
judgment (or order)."
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6. Where any judgment directs the payment of money, the Court Payment by
may for any sufficient reason order that the same be paid by instal- instalments
ments with or without interest. Such order may be made at the time
of giving judgment or at any time afterwards, and may be rescinded
upon sufficient cause at any time.
7. Upon all debts or sums certain, payable by virtue of a written Interest.

instrument at a certain time, the Court, shall, unless it sees good
reason to the contrary, allow interest from the time when such debts
or sums are due and payable provided notice in writing claiming
interest has been given; or if no time of payment is speciifed, then from
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the time of demand in writing being made giving notice to the debtor,
that interest will be claimed from the date of such demand.
Assessment of
damages.
8. The Court may give judgment condemning either party in costs,

losses, damages and expenses, and afterwards assess the amount
upon evidence directed to the ascertainment thereof, or by consent of
the parties the amount may be ascertained by an arbitrator or otherwise.
9. Where damages are to be assessed in respect of any continuing

cause of action, they shall be assessed down to the time of the
cause of action. assessment.
Damages in
rescinulog
t
cor
Detinue and
specific
performance.
10. The Court may, in any action for the recovery of a chattel or
thing or to compel the defendant to do any act, order the defendant
to return the chattel, or do the act, without giving the defendant the
option of refraining from doing so upon satisfying the assessed value
of the sentence.
Judgment to
be definite,
11. In every case where the evidenc,e upon the hearing has been
closed, if soine material issue is in the opinion of the Court unproved,
so that a judgment could not be given upon such issue in favour of the
party on whom the proof thereof lies, the Court shall not give a judgment of non-suit, but in all such cases shall give a definite judgment in
accordance with the evidence and the incidence of the onus of proof,
unless the Court considers it expedient to receive additional evidence.
Effect of
judgment by
default.
12. Subject to particular rules, any judgment by default, unless the

Court otherwise directs, shall have tie effect of a judgment upon the
merits for the plaintiff.
Judgment by
default may be
set aside
on terms.
13. Any judgment obtained where one party does not appear at
the trial may be set aside by the Court or a Judge upon such terms
as may seem lit, upon an application made within fourteen days after
the trial.
Payment
of costs.
14. Whenever costs are ordered to be paid, such costs shall be

paid before any fresh proceedings are taken in respect of the same
cause of action and any action commenced before such costs have been
fully paid may be stayed by order of the Court or a Judge.
Prescription.
'
15. Whenever any fresh action is brought under leave reserved in

any judgment, or after any judgment by default dismissing an action
has been set aside, the plaintiff shall be bound by the laws relating to
prescription and the limitation of actions in the same manner as if the
original action had not been brought.
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16. A defendant may, at any time after the service upon him of Judgment by
the writ of summons, consent to judgment either for the whole or consent.
any part of the plaintiff's claim. Such consent if not given before the
Court or Judge shall be in writing and signed by the defendant, his
solicitor or counsel; and if signed by the defendant alone shall be so
signed in the presence of the Registrar, and no order for entering
judgment shall be made by consent unless the requirements of this
rule have been satisfied.
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17. Every consent in writing shall be filed in the Registry and the Consent to
Court or Judge shall, unless it or he sees good reason to the contrary, be ifled.
give judgment in terms of such consent.
18. The provisions of the two preceding rules shall apply, mutatis Judgment by
sent.
mutandis, where a plaintiff consents to judgment for the whole or any ffImter
part of a counterclaim.
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19. Whenever a judgment shall be satisfied, if an application Entry of

be made by the plaintiff and the defendant to the Registrar in a sum- satisfaction.
mary way, an entry of satisfaction, shall be made on the original
judgment by the Registrar at the cost of the defendant. If the plaintiff
refuse or neglect to join in having such entry made, the defendant
may apply by summons to the Court or a Judge for an order to have
such an entry made.
ORDER 36
1.
EXECUTION
RULE
1. Judgment to be obeyed.
2. Parate execution.
3. Person named in books as owner to be named in advertisement.
4. Valuation of property.
5. Reserved price.
6. Sale without reserve.
7. Waiver of conditional judgment or order.
8. Enforcing judgment for recovery of money.
9. Recovery of land.
10. For recovery of other property.
11. To do or abstain from any act.
12. Payment into Court.
13. Meaning of "writ of execution."
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"RULE
14. Execution of judgment on condition.

15. Execution of judgment against a firm.
16. Writ not to be issued prematurely.
17. Request for issue of writ.
18. Issue and form of writ.
19. Expenses of execution.
20. Indorsement on writ.
21. Levy includes all writs of execution extant against the same
defendant.
22. Time of issue of writ for recovery of money.
23. Writs for recovery of money and costs may be separate.
24. Renewal of writ.
25. Evidence of renewal.
26. Execution to issue within ten years.
27. Orders enforceable like judgments.
28. Leave to issue execution in certain cases.
29. Commitment under Debtors Act.
30. Execution by or against a person not a party.
31. Stay of execution.
32. Order of issue or writs.
33. Cdurt may order act to be done at expense of party refusing.
34. Enforcing judgment or order against corporation.
35. Enforcement of award.
36. Irregularity in execution.
37. Levy illegally or erroneously made.
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2. DISCOVERY IN AID OF EXECUTION

38. Examination of judgment debtor.
39. Dififculty in enforcing judgment.
40. Costs of application under two preceding rules.
41. Impounded documents.
3.. EXECUTION BY SALE OF PROPERTY
Y
42. Levy under Writ of Sale of property.

43. Sale of movable property.
44. Appurtenances of a mortgaged plantation.
45. Sale of live animals, etc., taken in execution.
46. Perishable goods claimed by third person may be sold.
47. Tariff of charges for keep of live animals, etc., taken in execution.
48. Proceeds of property sold, not to be paid out before fourteen days.
49. Marshal's return.
50. Proof of judgment debtor's ownership in aid of execution.
51. Sale of property to be auctioned after advertisement.
52. Entry of opposition.
53. Action to be brought within 14 days after entry of opposition.
54. Abandonment of opposition
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133
RULE
55.
56.
57.
58.
Sale under $100 to be for cash.

Sales at summary execution above $100 to be at a month's credit.
Terms of sale where proceeds exceed $100.
Proceeds may be retained for 14 days.
4.
SEQUESTRATION AND SALE OF PLANTATION

IN CULTIVATION
59. Sequestration of a plantation.

60. Sequestrators to report whether an immediate sale desirable.
61. Payment of salaries, etc.
62. Power for sequestrators to borrow money.
63. Advances made a preferent claim.
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64. Disposable Fund in hands of sequestrators.
65. Sequestrators' Commission.
66. Sale of plantation under sequestration.
67. Sale of plantation may be anticipated.
68. Precise day of sale of plantation.
69. Purchaser of plantation to provide two sureties.
70. Rights of mortgagees preserved.
71. Purchaser holding mortgage may deposit the same.
72. Purchaser holding second mortsage to pay in cash amount of first
mortgage.
73. In default of payment; then resale.
5.
ATTACHMENT OF DEBTS
74. Order for attachment of debts.

75. Service and effect of order on gdrnishee.
76. Execution against garnishee.
77. When debt secured by mortgage or pledge.
78. Trial of liability of garnishee. '
79. Lien or claim of third person in debt.
80. Trial of claim of third person and order thereon or on non-appearance.
81. Payment of garnishee valid discharge of debt.
82. Debt attachment book.
83. Costs of proceedings.
6.
CHARGING ORDERS
84. Charging order on application of judgment creditor.

85. Charging order: how made.
86. Effect of charging order.
87. Payment of dividends to judgment creditor.
88. Sale of shares, etc., charged.
89. Application by separate judgment creditor of a partner to charge
his interest in the partnership property.
90. Service of application by partner of judgment debtor.
L.R.O. 111973
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7. WRIT OF POSSESSION
RULE
91. Writ of possession for recovery of land.

92. Separate writs for possession and costs.
8. WRIT OF DELIVERY
94. Writ of delivery for recovery of property other than land or money.
95. Form of writ. Damages and costs.
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9. WRIT OF ATTACHMENT
96. Nature of writ of attachment.

97. Issued only by leave of the Court or a judge.
10. WRIT OF SEQUESTRATION
Writ of sequestration: Nature of.

Form of writ.
100. No subpoena for costs.
101. Is6ped by leave of the Court or a Judge.
102. Application of Order 36 to certiifcate registered under section 101
of Income Tax Act.
103. Procedure after certiifcate registered.
98.
99.
ORDER 36
E
Judgment to
be obeyed.
Parate
execution
1. Where any person is by any judgment or order - directed to

pay any money, or to deliver up or transfer any property, it shall
not be necessary to make any demand thereof, but the person so
directed shall be bound to obey such judgment or order upon being
duly served with the same without demand.
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2. (1) In any case where any sum is authorised by law to be

recovered by parate execution, the summation shall be served by
the marshal or such other person as may be appointed by the Registrar
either generally or in any speciifc case to serve summations, personally
upon the debtor or the proprietor of the property upon which the
execution is sought. If such person or proprietor is dead or cannot be
found or such proprietor is not known the marshal or other person
appointed ,to serve the summation shall ifle a certiifcate to that effect
in the Registry and thereafter service shall be effected by afifxing the
summation to the main door of the principal building on the property
or if there be no building to some conspicuous object on the property.
The like writs may thereafter be issued in the case of any sum so
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4. Before the day fixed for the sale of any property at parate
execution or at any execution in proceedings in rem, the Registrar
shall, unless the proprietor thereof shall otherwise request in writing,
obtain from a competent valuer a sworn valuation of such property.
The cost of such valuation shall be part of the costs of execution.
Valuation
of property.
Reserved price.
5. Where the sworn value of the property exceeds five hundred

dollars the property shall not be sold at execution in the first instance
at less than three-fourths of such value.
6. lf a property be not sold at execution in the first instance, the sale without
Registrar shall, not less than twenty-one days thereafter, again reserve.
advertise the same in the usual manner for sale and shall thereafter
sell the same without reserve to the highest bidder.
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authorised to be recovered as may be issued under the rules of this

Order, in the case of any sum directed to be paid by any judgment
or order.
(2) Subject to these rules, the practice and procedure relating to
parate execution shall continue in force.
%
3. In all cases of proceedings to recover rates or taxes or other Person named
ownerto aste
assessments by parate execution the party applying for execution, inbooks
shall state the name of the person appearing in the books of the named in
party applying as the owner of the lot or lots in respect of of against advertisement.
which proceedings are being taken and the advertisement of the execution sale of such lot or lots shall state that the person so named appears
in such books as the owner, but the naming of such person in such
advertisement shall not be deemed to show that such person is the
legal owner, nor shall it in any way affect any question which may arise
as to the ownership of the said lot or lots.
'
135
7. Where any person who has obtained any judgment or order Waiver or
oua t
upon condition does not perform or comply with such condition, Fniciin!Li ent
he shall be considered to have waived or abandoned such julgment or orj order.
g
order so far as the same is beneifcial to himself, and any other person
interested in the matter may on breach or non-performance of the
condition take either such proceedings as the judgment or order may
in such case warrant, or such proceedings as might have been taken if
no such judgment or order had been made, unless the Court or a
Judge shall otherwise direct.
8. (1) A judgment or order for the recovery by or payment to
any person of money may be enforced by
(a) a writ of sale of property, movable and immovable;
Enforcing
judgment for
recovery
of money.
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(b) the attachment of debts due to the person directed by the

judgment or order to pay the money; and
(c) an order charging the interest of such last-mentioned
person in the shares or script of any incorporated company.
(2) The expression "property movable and immovable" in
this Order includes all leases, servitudes and jura ad rem vested in a
judgment debtor.
Recovery
of land.
(3) In all cases in which a lease or servitude or jus ad rem so

vested is to be taken in execution both such lease or servitude or jus ad
rem and also the corporal property subject to such lease, or servitude
or to which such jus ad rem relates shall be speciifcally mentioned and
described in the writ and advertisement of sale and the form of such
writ shall, in accordance with rule 13 of this Order, be varied accordingly.
1
9. A judgment for the recovery or for the delivery of the possession
of land may be enforced by writ of possession.
For recovery
of other
property.
10. A judgment for the recovery of any property other than land
or money may be enforced-
,
1
(a) by writ for delivery of the property;

(b) by writ of attachment;
(c) by writ of sequestration.
To do or
abstain from
any act.
payment of money or to abstain from doing anything may be enforced

by writ of attachment or by committal.
Payment
into Court.
12. A judgment for the payment of money into Court may be

enforced by a writ of sequestration, or in cases in which attachment
is authorised by law, by attachment.
Meaning of
"writ of
execution"
13. In these Rules the term "writ of execution" shall include

writs of iferi facias, capias, sequestration, attachment and any other
writs in this Order hereinbefore speciifcally mentioned; and the term
"issuing execution against any party" shall mean the issuing of any
such process against his person or property as under the preceding
rules of this Order shall be applicable to the case.
Execution of
judgment on
condition.
11. A judgment requiring any person to do any act other than the
Where a judgment or order is to the effect that any party

is entitled to any relief subject to or upon the fuliflment of any
condition or contingency, the party so entitled may, upon the fulifl-
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ment of the condition or contingency, and demand made upon

the party against whom he is entitled to relief, apply to the Court
or Judge for leave to issue executio n against such party. And the
Court or Judge may, if satisifed that the right to relief has arisen
according to the terms of the judgment or order, order that execution
issue accordingly, or may direct that any issue or question necessary
for the determination of the rights of the parties be tried in an of the
ways in which questions arising in an action may be tried.
15. (1) Where a judgment or order is against a ifrm, execution may Execution of
judgment
issue
against a ifrm.
i
(a) against any property of the partnership within the jurisdiction ;

(b) against any person who has appeared in his own name
under Order 10 rule 12, or who has admitted on the pleadings
that he is, or who has been adjudged to be, a partner ;
(c) against any person who has been individually served, as
a partner, with the writ of summons, and has failed to appear.
(2) If the party who has obtained judgment or an order
claims to be entitled to issue execution against any other person
as being a member of the ifrm, he may apply to the Court or a
Judge for leave so to so; and the Court or Judge may give such leave
if the liability be not disputed, or if such liability be disputed may
order that the liability of such person be tried and determined in any
manner in which any issue or question in an action may be tried and
determined.
1
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(3) Except as against any property of the partnership, a judgment against a ifrm shall not render liable, release or otherwise affect
any member thereof who was out of the jurisdiction when the writ was
issued, and who has not appeared to'the writ unless he has beeii made
a party to the action under Order 9, or has been served within the jurisdiction after the writ in the action was issued.
16. No writ of execution shall be issued until the proper time has Writ not to be
issued
elapsed to entitle the creditor to execution.
prematurely.
17. Any party desiring to issue a writ of execution shall ifle with Request for
the Registrar a request in writing for that purpose signed by such issue of writ.
party or his solicitor. The request shall contain the title of the action,
the reference to the record, the date of the judgment, and of the order,
if any, directing the execution to be issued, the names of the parties
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against whom, or the firm against whose goods, the execution is to be

issued. Forms Nos. 1 to 5 (inclusive) in Appendix M to these Rules
shall be used with such variations as circumstances may require.
Issue and form
of writ.
Expenses of
execution.
Indorsement
on writ.
1
Levy includes
all writs of
execution
extant against
the same
defendant.
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18. Every writ of execution shall be sealed with the seal of the
Court and shall thereupon be deemed to be issued, and shall bear
the date of the day on which it is issued. Forms Nos. 6 to 11 (inclusive)
in Appendix M to these Rules shall be used with such variations as
circumstances may require.
19. In every case of execution the party entitled to execution

may levy all fees and expenses of execution over and above the sum
recovered.
20. There shall be indorsed on every writ of execution for the

recovery *kpf money, or in the instructions to levy, a direction to
the marshal to levy the money really due and payable and sought
to be recovered under the judgment or order, stating the amount
and also to levy such interest thereon as may be allowed in such
judgment or order.
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21. (1) Any property levied on and taken in execution or levied on,
taken in execution and sold bythe Registrar or marshal under a
writ of execution, shall be deemed to be levied on and taken in
execution, or levied on, taken in execution and sold (as the case
may be) under all writs of execution against the same judgment
debtor which the Registrar or Marshal held at the time of such
levy or of such levy and sale (as the case may be) and such property and
the proceeds of sale thereof shall be dealt with accordingly without
prejudice however to any right of priority of payment to which any
execution creditor may be entitled.
(2) This rule shall have effect notwithstanding the directions
or instructions to levy given where any writs have been delivered to
the Registrar or Marshal may not be instructions to levy on the property
itself of the judgment debtor but only instructions to levy o.i the
surplus proceeds of the sale of such property already directed to be
levied on under another execution.
(3) Writs of Execution and payments thereunder shall prima

facie have priority as of the time of the day and date of the filing of
i
the request for a writ of execution.

Time of issue of
writ for
recovery of
money.
22. Every person to whom any sum of money or any costs shall
bepayable under a judgment or order shall, so soon as the money
or costs Orli be payable, be entitled to sue out one or more writs
. i.
.
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of execution to enforce payment thereof, subject nevertheless as

follows-
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(a) if the judgment or order is for payment within a period

therein mentioned, no such writ as aforesaid shall be issued until
after the expiration of such period ;
I
(b) the Court or a Judge may, at or after the time 9f giving

judgment or of making an order, stay execution until sbch time
as it or he shall think ift.
23. Upon any judgment or order for the recovery or payment
of a sum of money and costs, there may be, at the election of the party
entitled thereto, either one writ or separate writs of execution for the
recovery of the sum, and for the recovery of the costs, but a second writ
shall only be for costs, and shall be issued not less than eight days after
the ifrst writ.
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Writs for
re
coveryot
nlone
anc
costs Ymay be
separate.
24. A writ of execution if unexecuted shall remain in force for Renewal

one year only from its issue, unless renewed in manner hereinafter of writ
provided ; but such writ may, at any time before its expiration, by
leave of the Court or a Judge, be renewed by the party issuing it for
one year from the date of such renewal, and so on from time to time
during the continuance of the renewed writ, by being marked with the
seal of the Court, bearing the date of the day, month and year of such
renewal; and a writ of execution so renewed shall have effect, and be
entitled to priority according to the time of the filing of the original
request for the writ.
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25. The production of the writ of execution purporting to be Evidence of

marked with such seal, showing the same to have been renewed, renewal.
shall be sufifcient evidence of its having been so renewed.
26. As between the original parties to a judgment or order, execu- Execution to
within
tion may issue at any time within ten years from the date of the issue
ten years.
judgment or order.
27. Every order of the Court or a Judge in any cause ortmatter Orders I
e
ce
may be enforced against all persons bound thereby in the same manner giforceab
as a judgment to the same effect.
judgments.
Leave to issue
execution in
28. In the following cases
(a) where ten years have elapsed since the judgment or date certain cases.
of the order, or any change has taken place by or otherwise in the
parties entitled or liable to execution ;
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(b) where a husband is entitled or liable to execution upon a

judgment or order for or against his wife;
(c) where a party is entitled to execution upon a judgment of
assets in futuro;
(d) where a party is entitled to execution against any of the
shareholders of a joint stock company upon a judgment recorded
against such company or against a public ofifcer or other person
representing such company ;
the party alleging himself to be entitled to execution may apply
to the Court or a Judge for leave to issue execution accordingly.
And such Court or Judge may, if satisifed that the party so applying
is entitled to issue execution, make an order to that effect, or may
order that any issue or question necessary to determine the rights of
the parties hall be tried in any of the ways in which any question
in an action may be tried. And in either case such Court or Judge may
impose such terms as to costs or otherwise as shall be just.
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Commitment
under Debtors
Act.
c. 6:04
29. An order of commitment under the Debtors Act, shall bear

date on the day on which such order was made, and shall continue in
force for one year from such date and no longer ; but it may be renewed
in the manner provided for writs of execution by rule 24 of this Order.
Execution by
or against a
per s on not
a party.
30. Any person not being a party to a cause or matter, who obtains
any order or in whose favour any order is made, shall be entitled to
enforce obedience to such order by the same process as if he were a
party to such cause or matter ; and any person not being a party to a
cause or matter, against whom obedience to any judgment or order
may be enforced, shall be liable to the same process for enforcing
obedience to such judgment or order as if he were a party to such cause
or matter.
Stay of
execution.
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31. Any party against whom judgment has been given may apply
to a Court or Judge for a stay of execution or other relief against
such judgment upon the ground that facts have arisen too late to be
pleaded; and the Court or a Judge may give such relief and upon such
terms as may be just.
Order of issue
of writs.
32. Nothing in this Order shall affect the order in which writs of
execution may be issued.
Court may
order act to
be done at
expense of
party refusing.
33. If a mandamus, granted in an action or otherwise, or a man-
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c oirder,
i injunction, or judgment for the speciifc performance
odatrYo
f any c o n tract be not complied with, the Court or a Judge, besides
or instead of 'Proceedings against the disobedient party for contempt,
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35. An award may with the leave of the Court or a Judge, and on
such terms as may be just, be enforced at any time though the time for
moving to set it aside has not elapsed.
Enforcement
of award.
36. In the event of any irregularity being committed in any process

in execution or in the event of there being an excess in execution
the person against whom or against whose property the process has
issued may apply to the Court or a Judge to stay proceedings in the
execution until such irregularity shall be amended or such excess
remedied ; and the Court or Judge may make such order as will divest
such proceedings of all irregularity or excess, reserving to the party
aggrieved his remedy by action against all parties concerned for any
injury or damage he may have sustained by reason for such irregularity
or excess.
Irregularity in
execution.
37. Whenever a levy or other proceeding in execution is wrongly,

illegally or erroneously made, had or done, the same may be cancelled
by order of the Court or a Judge on the ex parte application of the
party at whose instance such levy or other proceeding was made,
had or done, and a new levy or other proceeding may be made, had
or done.
Levy illegally
or erroneously
made
2.
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[Subsidiary]
O. 36
may direct that the act required to be done may be done so far as
practicable by the party by whom the judgment or order has been
obtained, or some other person appointed by the Court or Judge,
at the cost of the disobedient party, and upon the act being done,
the expenses incurred may be ascertained in such manner as the
Court or a Judge may direct and execution may issue for the amount so
ascertained, and costs.
,
34. Any judgment or order against a corporation wilfully dis- Enforcing
d gmentnr
obeyed may, by leave of the Court or a Judge, be enforced by segues- jOuraer
agaist
tration against the corporate property, or by attachment against the corporation.
directors or other ofifcers thereof, or by writ of sequestration against
their property.
Cap. 3:02
DISCOVERY IN AID OF EXECUTION
38. When a judgment or order is for the recovery or paymentof Examination

judg ment
money, the party entitled to enforce it may apply to the Court or of
debor.
a Judge for an order that the debtor liable under such judgment or
order, or his representative, or in the case of a corporation, that any
ofifcer thereof, be orally examined as to whether any or what debts
are owing to the debtor, and whether the debtor has any and what
other property or means of satisfying the judgment or order, before a
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Judge or the Registrar ; and the Court or Judge may make an order for
the attendance and the examination of such debtor, or of any other
person, and for the production of any books or documents.
39. In case of any judgment or order other than for the recovery
or payment of inoney, if any difficulty shall arise in or about the
execution or enforcement thereof, any party interested may apply to
the Court o a Judge, and the Court or Judge may make such order
thereon for the attendance and examination of any party or otherwise
as may be just.
Dififculty in
enforcing
judgment.
of
application
under two
preceding
rules.
40. The costs of any application under rules 38 and 39 of this

Order or either of them, and of any proceedings arising from or
incidentalAhereto, shall be in the discretion of the Court or a Judge,
or in the discretion of the Registrar when appointed under rule 38,
if the Court or a Judge shall so direct.
Impounded
41. Impounded documents while in the custody of the Court

are not to be parted with; and are not to be inspected except on
a written order signed by the Judge on whose order they were impounded or by some other Judge. Such documents shall not be delivered
out of the custody of the Court except upon an order made on motion
in open Court:
Provided that the impounded documents in the custody of the Court
shall, upon the request in writing of the Attorney-General be given into
the custody of a law officer.
Costs
documents
[R. 1 /1970]
3. EXECUTION BY SALE OF PROPERTY

42. (1) A writ of execution by the sale of property when issued
shall be handed by the Registrar to the Marshal, who shall thereupon
levy upon and take in execution as much of the movable property of
the party condemned (hereinafter called the judgment debtor) to be
pointed out by the party at whose instance the writ was issued (hereinafte called the judginent creditor) or his agent as will in the Marshal's
opinion realize at execution sale, proceeds sufficient to satisfy the
judgment and costs, together with the .expenses of the levy and sale,
unless the judgment debtor shall point out and desire execution to be
levied on any other movable property sufficient in the Marshal's
opinion for the purpose aforesaid.
(2) In the event of movable property taken in execution
being in th e Marshal's opinion insuiffcient, then the Marshal shall,
' the same writ, provided the same be effective, forthwith
in virtue cif
and without waiting for the sale of the movable property, levy on the
Levy under
Writ of Sale
of property.
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A levy being effected on movable property, such property

shall
after three successive Saturdays' advertisement in the
be sold by the Marshal to the highest bidder for ready money, and so
much of the proceeds thereof, after deducting the costs of execution,
as will satisfy the judgment, shall be paid out by the lVfarshal in
satisfaction of the judgment.
[Subsidiary]
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immovable property of the judgment debtor to the extent in value

of such part of the judgment creditor's claim as will, in the Marshal's
opinion, remain unsatisifed after the sale of the movable property
levied upon.
43.
143
Cap. 3:02
Sale of
in
ovab l e .
property
44. No cattle, implements of husbandry, utensils, nor instruments Appurtenances

mortgaged with a plantation shall be comprehended under the Ilan illjitoirtgit aged
term "movable property", and no such cattle, implements of husbandry, utensils or instruments shall be taken in execution, except
together and with the immovable property, with which, as appurtenant
and appendant, they shall be under mortgage.
0
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45. (1) Where live animals, spirituous or other liquors, or perish- Sale of live
etc.,
able goods are taken in execution, it shall be lawful for the Marshal animais'
tatcenn
to proceed to the sale thereof after the expiration of four days from execution.
the publication of a notice of such intended sale in a newspaper of
Guyana :
Provided that the execution creditor or the execution debtor, or
other person claiming property in such live animals, spirituous or
other liquors, or perishable goods, shall be entitled to have the same
sold only after the lapse of time and the publication of notice prescribed
by rule 43 for the sale of goods taken in execution, on his furnishing
security to the Marshal, for the payment of any additional costs and
expenses which may be thereby incurred.
(2) Where there is any dispute as to whether the goods levied
on are perishable or not, the Marshal shall apply in a summary
manner to the Registrar to decide the question, and the decision
,
of the Registrar on the point shall be final.
46. (1) Where any animals or perishable goods taken in execution
are claimed by any person other than the judgment debtof, it shall
be lawful for the Marshal to sell the same in the same manner as if no
such claim had been made; and the proceeds of such sale shall for
the purposes of such claim and of any interpleader be deemed to
represent the property sold :
Provided always that nothing herein contained shall be held to
affect the right of any person whose property has been wrongfully
Perishable
goods claimed
y third person
may be sold.
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Tariff of
charges for
keep of live
animals, etc.,
taken in
execution.
taken by the Marshal from recovering full compensation from all

persons responsible for such act.
(2) Any dispute as to whether goods are perishable for the

purposes of this rule shall be decided in the manner provided in the last
preceding rule.
47. (1) The Registrar may from time to time frame, and when
framed, alter or repeal, a tariff of charges to be paid for the maintenance and keep of live animals and vehicles taken in execution.
(2) Every such tariff or alteration or repeal of a tariff shall be
subject to the approval of the Court or a Judge.
(3) Every such tariff or alteration or repeal of a tariff shall be
published in the Gazette and in a n9wspaper of Guyana.
(4) The tariff existing at the date when these Rules come
into force shall continue to be in force until altered or repealed.
t
I
Proceeds of
property sold,
notto be paid
out before
fourteen days.
48. In alf cases of the sale of movable property the Marshal shall
not before the expiration of fourteen days after the sale of such
property, pay out the net proceeds thereof to the party entitled
thereto.
Marshal's
Return.
49. The Marshal shall, immediately after he has executed or

failed to execute the writ, return the same to the Registrar, with an
indorsement thereon showing whether he has executed the same
wholly or in part, or, if he has failed to execute the same, the reason
of such failure.
Proof of
judgment
debtor's
ownership
in aid of
execution.
50. (1) Before any immovable property, or interest therein, is

taken in execution to satisfy a judgment or order of a Court or Judge ,
the person claiming so to enforce the judgment or order shall deliver
to the Registrar of Deeds an afifdavit of the facts and documents
upon which his claim to take the immovable property or interest therein
in execution is based, and shall lodge with the Registrar the documents
mentioned in the afifdavit, if they be not of record in the Deeds
Registry.
(2) The Registrar of Deeds may require, and the claimant shall
furnish, such evidence in support of the claim, in addition to the
affidavit and documents aforesaid, as the Registrar may deem
necessary.
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(3) The immovable property or interest therein in the affidavit

mentioned shall not be taken in execution unless the Registrar of
Deeds upon examination of the facts stated in the afifdavit and
contained in the documents, and the further evidence (if any) in
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support of the claim, is satisfied that they show prima facie that the
judgment debtor is the owner of the immovable property or interest
therein sought to be taken in execution.
(4) This rule shall not extend to proceedings by way of,
(a) parate execution; or
(b) execution to enforce a registered incumbrance.
51. The Marshal shall sell by auction to the highest bidder the Sale of
aueti.nafter
immovable property so levied on, and not being a plantation in rperry
t o be
cultivation as hereinafter provided for, after an advertisement, signed advertisement.
by the Registrar, of the sale has been published in the Gaftte for
three successive Saturdays.
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52. (1) Within fourteen days after the ifrst advertisement of

the sale of any immovable property, any person having a right to
oppose such sale may enter or cause to be entered in a book to be
kept for that purpose by the Marshal an opposition to such sale.
(2) The opposer shall before or at the time of entering opposition to a sale in execution lodge with the Marshal the sum of ten
dollars as security for the costs of the certificate and readvertisement
mentioned in the next succeeding rule in the event of his failing to
proceed to enforce his opposition, otherwise his opposition shall be
void and of no effect.
(3) An opposition to a sale at execution shall be signed by the
opposer, in the presence of the Marshal, or by a barrister-at-law or
a solicitor acting on behalf of the opposer.
(4) The Marshal shall at the hour of eleven thirty of the clock
in the forenoon and not sooner, of the fourteenth day after the
ifrst advertisement, enter and sign in the book of oppositions kept
as aforesaid a certiifcate stating what entries of oppositions were
validly made. After the said hour no opposition shall be; amended
or received.
(5) The opposer shall assign the grounds and reasons of his
opposition either in his opposition, aforesaid, or by notice:in writing
signed by himself or by a barrister-at-law or solicitor acting on his
behalf and served upon the Mars'hal within three days (of which
public holidays shall not be counted) after his entry of opposition.
53. (1) The person by whom an opposition to a sale ,has been
entered shall within fourteen days after the day on which thetcertificate
in the last rule mentioned has been signed by the Marshal, institute an
action against the execution creditor claiming that the sale be
restrained.
Entry of
opposition.
Action to be
brought within
14 days after
entry of
opposition.
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(2) It shall not be competent for the plaintiff in such action to

allege or rely upon any ground or reason other than those assigned
in the manner provided in the preceding rule.
,
Abandonment
of
opposition.
54. (1) If no action be brought within the time above limited,

the Court or a Judge may, on the production to him of a certificate
of the Registrar that no action has been instituted as aforesaid,
declare the opposition to be deserted and abandoned, and the Marshal
after re-advertising the sale of the property for three consecutive
Saturdays, may proceed to the sale of the property accordingly.
(2) If an action be brought by the opposer within the time
above limited, the opposer shall be entitled to uplift the sum of
money lodged by him as security as aforesaid.
55. Whenever any immovable property shall be sold at execution

for a sum not exceeding one hundred dollars, the purchase money
shall be paid by the purchaser in cash at the time of the sale.
/56. Whenever any immovable property (not being a plantation
Sales at
summary
ultivation) shall be sold for a sum exceeding one hundred dollars
execu tion
t
parate
or summary execution, the purchaser, unless he shall pay
above $100 -to be at a
in
cash
at
the time of the sale, shall provide himself with two sufficient
month's credit.
sureties, who shall bind themselves as principal debtors along with
and for and on behalf of the purchaser to and in favour of the Marshal
for the payment of the said purchase money within one month after
the day of sale with interest thereon at the rate of six per cent per
annwn from the day of sale until fully paid.
1
Terms of sale
57. (1) Whenever any immovable property (not being a plantation
where proceeds
in cultivation) shall be sold at execution other than summary or
exceed S 00.
parate execution for a sum exceeding one hundred dollars the purchaser shall, unless he pay the purchase money at the time of the sale,
forthwith deposit with the Marshal twenty-ifve per cent of the purchase
money, and shall, if the purchase rnoney do not exceed the sum of
five hundred dollars, pay the balance by three equal instalments, with
interest at the rate of six per cent per annum, at the expiration of one,
two and three months respectively, and if the purchase money exceed
the sum of ifve hundred dollars he shall pay such balance with such
interest by three equal instalments at the expiration of two, four and
six months ,respectively.
Sale under
Imo to be
for cash.
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(2) In the event of the purchaser making default in payment of

any of the instalments the amount of the deposit shall, unless the
Court or a Judge on application ifled within seven days of the default
extend the time for payment, be forfeited and applied by the Marshal
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towards discharge of the execution costs and judgment debt or debts ;

and if there be any balance due on the said costs and debts the property
may, after being re-advertised, again be put up for sale by auction and
sold. If there be no balance due, the property shall be released to the
judgment debtor.
58. The Registrar or Marshal shall retain in his hands for a period Proceeds may
erined
not exceeding fourteen days after the sale of immovable property porfrdays.
(not being a plantation in cultivation) the proceeds of such sale except
so much thereof as shall be required to satisfy the costs triumphant in
execution.
4.
SEQUESTRATION AND SALE OF PLANTATION IN CULTIVATION
59. In the event of a plantation in cultivation (which description Sequestration

in these rules shall mean a parcel of land not less than two hundred of a plantation.
and fifty acres in area used for agriculture or the rearing of cattle or
both) being levied upon, the Court or a Judge, upon petition of the
Marshal, shall appoint two capable persons, of whom, if the plantation
be under mortgage, one must be the first mortgagee, (or his agent)
to be Sequestrators to administer th same and receive the produce
or other revenue thereof, ad opus jus habentium, until the day of sale,
unless the produce of the said plantation be bound in consignment,
in which case the produce during the sequestration shall be consigned
or go to the person who previous to the sequestration was entitled to
receive the same.
60. The Sequestrators shall immediately upon being put into
Sequestrators
possession of a plantation in cultivation, and from time to time to whetera

rer rt
thereafter, examine into the condition of the same, and report to immediate sale
the Court as to whether an immediate sale or a continuation of the desirable.
sequestration for the period mentioned in rule 66 will be most
advantageous to the interest of the creditors, and upon any such
report after reference of the same to the proprietor, mortgagee,
and execution creditors, and their being heard by counter report or
otherwise, the Court or Judge may grant an order either for an
immediate sale or continuation of the sequestration as aforesaid.
61. The Sequestrators may discharge from the ifrst ' available
I/4,
funds of the sequestration all unpaid salaries due to servants of the salarriiees, etc.
estate, not being labourers, for six months preceding the sequpstration,
0
wages of labourers for the month preceding and the month in which
) ,
execution is levied, and also the taxes due to the State for the previous
year.
L.R.O. 111973
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Power for
sequestrators
to borrow
money.
62. The Sequestrators of a plantation in cultivation may, with

leave of the Court or. a Judge, advance or procure for and on behalf
thereof, all such sum or sums of money as may be necessary to maintain the cultivation during the period of sequestration, as well as
to keep in repair and in working order the machinery and buildings
of the same.
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Advances
made a
preferent
claim
[R. 1 /197o]
63. All sums so advanced or procured by the Sequestrators for

any of such purposes as well as for all necessary supplies furnished and
necessary expenses incurred by the Sequestrators during the period of
sequestratione together with interest thereon not exceeding the rate of
seven per cent per annum, shall be a preferent claim on the proceeds
realised by the sale of such plantation after the expenses of the sale
and debts due to the State and any local authority, have been paid
in full.
Disposable
Fund in hands
of seguestrators.
64. In case a disposable sum accumulates in the hands of the

Sequestrators sufficient to pay off the debt for which such plantation
is under sequestration, the Sequestrators shall report to the Court
or a Judge the existence of such disposable fund, and the Court or
Judge may order payment of such debt, and the same being paid,
the plantation shall be relieved from sequestration and restored to its
owner. Where any mortgage exists upon any such plantation, binding
in consignment or otherwise the produce of the same, such plantation
shall not be relieved from sequestration except on payment of such
mortgage or consent of the holder thereof.
Sequestrators'
Cotnmission.
Sale of
plantation
under
sequestration.
Sale of
plantation
may be
anticipated.
The amount of remuneration, by commission, to Sequestrators

shall be determined by the Court or a Judge, not however in any
case to exceed three per cent on moneys received and two per cent on
moneys disbursed.
65.
No plantation under sequestration shall be sold, except as

hereinbefore and hereinafter excepted, until twelve months after
levy, and a particular description thereof and notice of sale shall,
at least four months previously to the day of sale, be advertised three
times in the Gazette. On the application of the debtors with the consent
of three-fourths in value of the execution creditors, and the mortgagee,
the sequestration may be extended from time to time by the Court or a
Judge.
1
67. Upon the application of the owner of a plantation under
sequestration, with the consent of the execution creditor and of
the mortgagee of such plantation, if any, the Court or a Judge may
order the sale of any such plantation at any time agreed upon by such
66.
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149
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owner, creditor or mortgagee, before the expiration of the term of

sequestration.
68. At the expiration of the twelve months, and after due notice, Precise day of
or upon the order of the Court or a Judge upon the report of the slef
piantation.
Sequestrators, or upon the agreement of the owner, execution
creditor and mortgagee as aforesaid, the Court or Judge, on the
application of the Marshal, shall fix a precise day of sale of such
plantation with its appurtenances, and after advertisement of such
precise day for three successive. Saturdays in the
plantation shall be publicly sold at a credit of three, six, nine and
twelve months from the day of sale, with interest at six per cent
on each instalment from the day of sale, and thg Marshal,
on receipt of each instalment, after deducting the costs triumphant in
execution, including the costs of execution, shall forthwith deposit
the same in the Registry ad opus jus habentium; in the event of the
plantation to be sold consisting of se'veral lots of land with or without
buildings, and upon which lots respectively there shall be separate
or distinct mortgages, liens or claims, the holders of such distinct
mortgages, liens or claims, may at any time before the sale apply to
the Court or a Judge for an order to sell such plantation, in such
manner as may seem most advantageous for all parties under the
circumstances of each particular case, and to enable the Court
or Judge to ascertain the rights of the preferent and concurrent
creditors.
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69. The purchaser of a plantation in cultivation at execution Purchaser

sale, unless he shall pay cash at the time of the sale, shall provide ofto pp rlantation
o vlot e .
twosureties
himself with two sufifcient sureties, who shall bind themselves as
principal debtors along with and for and on behalf of the purchaser
to and in favour of the Marshal, for the payment of each of the
instalments of the purchase money when it shall become due; the
purchaser shall be at liberty to anticipate the payment of any instalment; in which case interest shall be payable to the time of such
anticipated payment only. In any case the Marshal shall forthwith
pay into the Registry the proceeds of such sale as they come into
his hands, under deduction as in the last preceding rule mentioned.
70. Every mortgage, legal or conventional, shall hold the same
rank in respect to priority which it now holds by law, and nothing
herein contained shall injure or affect the validity or privilege of and
such mortgage.
t
71. If the purchaser of a plantation under cultivation sold at
execution sale shall be the holder of a mortgage on the same, he may
,
1
Rights of
mortgages
prese r ved
,
hI''uchaser
fci
mortg:ge
cl iil may
L.R.O. 111973
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[Subsidiary]
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deposit
the
same.
High Court
deposit with the Registrar any such mortgage in lieu of so much of the
purchase money as may be due on such mortgage, notwithstanding
which, however, he and his sureties shall be liable, when ordered by
the Court or a Judge, to pay in cash whatever sum the Court or Judge
may order to be paid into the Registry.
Purchaser
holding second
mortgage to
pay in cash
amount of
first mortgage.
72. If the purchaser of a plantation under cultivation sold at

execution sale shall be the holder of a second or subsequent mortgage,
he and his sureties shall, when the instalments become due, pay
the same in cash into the Registry to the extent of the amount of the
ifrst mortgage, and of all claims preferent to the second or subsequent
mortgage after which such purchaser may deposit his second or subsequent mortgage for so much of the purchase money as the amount of
the second or subsequent mortgage
cover; notwithstanding which,
however, the purchaser and his sureties shall be liable, when ordered
by the Court or a Judge, to pay in cash whatever sum the Cou t or
Judge may order to be paid into the Registry.
In default
of payment ;
then res le.
73. On the sale at execution of any plantation in cultivation, in

default of payment of any instalment of purchase money when due,
the Marshal may apply to the Court or a Judge for an order to retake
possession of such plantation or for judgment against the purchaser
and his sureties or for both possession and judgment. If an order
be granted to retake possession, the Marshal shall, after three successive Saturdays' notice in the Gazette, and under observance of the
formalities aforesaid, resell the same to the highest bidder, according to
such mode of payment and at such credit as will meet the instalments
of the first sale then due, and which shall thereafter become due; and
in the event of the plantation being sold for less at the second than
at the first sale, the purchaser at the ifrst sale, and his sureties shall each
in soliduin be liable for all and every deifciency, as well as for all costs,
charges and expenses attending the second sale; and for such
deifciency, costs, charges and expenses, the same being approved by
the Court or Judge, the Marshal shall upon application to the Court
or Judge, be authorized to levy execution upon and sell the properties
of the purchaser and sureties, and of each of them, in manner and
form hereinbefore prescribed for levies and sales at execution. If the
purchase money at the resale, together with any instalment already
paid, shall be of greater amount thAn the sum bid for the property
at ifrst sale, the excess or difference shall accrue to the benefit of
the creditors in satisfaction of their.claims, on the payment of all of
which in full, and not before, the surplus, if any, shall belong and be
paid to the purchaser at the ifrst sale.
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5. ATTACHMENT OF DEBTS
74. The Court or a Judge may, upon the ex parte application
of any person who has obtained a judgment or order for the recovery
or payment of money, either before or after any oral examination
of the debtor liable under such judgment or order, and upon affidavit
by himself or his solicitor stating that judgment has been recovered,
or the order made, and that it is still unsatisifed, and to what amount,
and that any other person is indebted to such debtor, and is within
ccru ing from such third
the jurisdiction, order that all
person (hereinafter called the garnishee) to such debtor s4all be
attached to answer the judgment or order, together with the costs of the
garnishee proceedings ; and by the same or any subsequent order it
may be ordered that the garnishee shall appear before the Court or a
Judge to show cause why he should not pay to the person Ao has
obtained such judgment or order the debt due from him to such
debtor, or so much thereof as may be sufficient to satisfy the judgment
or order, together with the costs aforesaid. At least seven days
before the day of hearing the order nisi shall be served on the garnishee
and, unless otherwise ordered, on the judgment debtor or his solicitor,
at least seven days before the day of hearing. Service on the judgment
debtor may be made in manner provided by debtor has appeared
in the action and given an address for service, or on his solicitor,
if he has appeared by solicitor, or if-there has been no appearance
then at his usual residence or place of business, or in such other manner
as the Court or Ridge may direct.
151
Cap. 3:02
[Subsidiary]
O. 36
Order for
attachment
of debts.
75. Service of an order that debts, due or accruing to a debtor

liable under a judgment or order, shall be attached, or notice thereof
to the garnishee, in such manner as the Court or Judge shall 'direct,
shall bind such debts in his hands.
Service and
76. If the garnishee does not dispute the debt due or Oaimed
to be due from him to such debtor, or if he does not appear', upon
summons to show cause, then the Court or Judge may order execution
to issue, and it may issue accordingly, without any previous writ
or process, to levy the amount due from such garnishee, or so much
thereof as may be sufifcient to satisfy tkle judgment or order, together
with the costs of the garnishee proceedings.
Execution
77. In all cases in which a debt is ordered to be attached, if such

debt is secured by a mortgage or pledge given by the garnishee and
vested in the debtor, the Court or Tudge may declare executable
the property mortgaged or pledged, and the same may be levied on
and sold under execution issued without any previous or seNrate
proceeding to enforce such mortgage or pledge being necessary.
When debt
securedby
niortgageor
on
trde:
riec
garnishee.
agaIls
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pledge.
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LAWS OF GUYANA
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Cap. 3:02
[Subsid Wry]
0.36
Trial of I iability
of garnishee.
78. If the garnishee disputes his liability the Court or Judge,

instead of making an order that execution shall issue, may order
that any issue or question necessary for determining his liability be
tried or determined in any manner in which any issue or question in an
action may be heard or determined.
Lien or claim
of
ggd person
tit
79. Whenever in any proceedings to obtain an attachment of

debts it is luggested by the garnishee that the debt sought to be
attached belongs to some third person, or that any third person
has a lien or charge upon it, the Court or a Judge may order such
third person to appear, and state the nature and particulars of his
claim upon such debt.
Trial of claim
of third person
and order
thereon or on
nonappearance.
80. After hearing the allegations of any third person under such
order as in the preceding rule mentioned, and of any other person
whom by the same or any subsequent order the Court or a Judge
may order to appear, or in the case of such third person not appearing
when ordered, the Court or Judge may order execution to issue
to levy the amount due from such garnishee together with the costs
of the garnishee proceedings, or any issue or question to be tried
or determined according to the preceding rules of this Order, and may
bar the claim of such third person, or make such other order as the
Court or Judge shall think ift, upon such terms, in all cases, with
respect to the lien or charge (if any) of such third person, as to costs
as the Court or Judge shall think just and reasonable.
Payment of
garnishee
valid discha ge
of debt.
High Court
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81. Payment made by or execution levied upon the garnishee

under any such proceeding as aforesaid shall be a valid discharge
to him as against the debtor, liable under a judgment or order, to the
amount paid or levied, although such proceedings may be set aside,
or the judgment or order reversed.
Debt Attachment Book.
82. There i shall be kept by the Registrar a Debt Attachment

Book, and in such book entries shall be made of the attachment
and proceedings thereon, with names, dates, and statements of the
amount recovered, and otherwise; and copies of any entries made
therein may13.e taken by any person upon application to the Registrar.
Costs of
proceedings.
The costs of any application for an attachment of debts and

of any proceedings arising from or incidental to such application,
shall be in the discretion of the Court or a Judge, and as regards
the costs of the judgment creditor shall, unless otherwise directed,
be retained out of the money recovered by him under the garnishee
order, and in priority to the amount of the judgment debt.
83.
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6.
153
Cap. 3:02
[Subsidiary]
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CHARGING ORDERS
84. The Court or a Judge may on the application of a judgment Charging ordcr
creditor make an order (hereinafter termed a charging order) charging
iric"
jugment
the interest of the judgment debtor in any government stock, funds creditor.
or annuities or in any shares or scrip in any public company incorporated in Guyana or in any moneys in the hands of the Registrar
or lying in any bank, and standing in the name of the judgment debtor
or of any other person. on his behalf, and the dividends, interest or
annual produce of such stock, fundS, annuities, shares or scrip with
payment of the amount due under the judgment together with interest
thereon.
85. Any such order may be made ex parte in the ifrst instance, Charging
orlr: how
and shall remain in force unless tli judgment debtor sh r cause nlae.
against it within a time to be limited by the order. The judgment
creditor may at any time before the expiration of the time so limited
apply to the Court or a Judge to make the order absolute; and unless
the judgment debtor attends on the hearing of such application,
and shows cause why the order should not be made absolute, the
Court or a Judge may upon proof of service of a certified copy of the
order and of the notice of the application make the order absolute
accordingly. The judgment debtor or any person interested may at
any time apply to the Court or Judge to discharge the order.
86. A charging order shall operate to restrain the Secretary to the Effect of
Treasury or the Accountant General or the Registrar or the public cilrging
orer
company or the bank from permitting any transfer of the stock, funds,
annuities, shares, or scrip or moneys standing in the name of the
judgment debtor, or in the name of any person on his behalf and
from paying to the judgment debtor, or such person any dividend,
interest or annual produce of such stock, funds, annuities, shares
or scrip or moneys from the date when a certiifed copy of such
charging order shall have been served upon the Secretary to the
Treasury or the Accountant General or upon the Registrar, or upon
such public company or bank or the manager or agent thereof so long
as such order remains in force.
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87. (1) The judgment creditor may at any time after a charging
order in his favour has been made apply to the Court or a Ju dge
for an order directing the payment to him of any dividend, interest
or annual produce accrued due upon the stock, funds, annuities,
shares or scrip or any moneys affected by the charging order, or of so
much thereof as shall be sufficient to satisfy the judgment debt, and
the Court or Judge may make such order accordingly.
Payment of
a I vi a ends to
jI dgment
creditor.
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(2) Notice of any such application shall be given to the Secretary

to the Treasury or the Accountant General, or to the Registrar, or to
the Secretary or other officer of the public company or bank, to the
judgment debtor, and to such other person appearing to be interested,
as the Court or Judge may direct.
Sale of shares,
etc, charged
88. (1) The judgment creditor may at any time after the expiration
of three months from the date when a charging order has been made
absolute, apply to the Court or a Judge for an order directing the sale
of the debtor's interest in the stock, shares or scrip, or his interest in
such number or quantity thereof..as shall be sufficient to satisfy the
amount due under the judgment, together with the costs and charges
of the sale, and the Court or Judge may make such order accordingly.
.i
(2) Notice of the application shall be given to the Secretary

to the Treasury or the Accountant General or to the secretary or
other officer of the public company, or to such other person (if any)
appearing to be interested, as the Court or Judge may direct.
1
Application by
separate judgment creditor
of a partner to
charge his
interest in the
partnership
property.
c. 89:02
Service of
application by
partner of
judgment
debtor.
89. Every application by a separate judgment creditor of a partner

for an order charging his interest in the partnership property and
profits under section 25 of the Partnership Act and for such other
orders as are thereby authorized to be made, shall be served on the
judgment debtor, and on his partners, or such of them as are within the
jurisdiction; and such service shall be good service on all the partners,
and all orders made on such application shall be similarly served.
90. Every application which shall be made by any partner of
the judgment debtor under the same section shall be served on the
judgment creditor and on .the judgment debtor and on such of the
other partners as shall not concur in the application and as shall
be within the jurisdiction, and such service shall be good service
on all the partners, and all orders made on such application shall be
similarly served.
)
7.
Writ of
possession for
recovery of
land.
WRIT OF POSSESSION
91.. (1) .A judgment or otlier that a party do . fecover Possession

of any house, land or immovable property may be enforced by a
writ of possession which may be obtained by leave on an ex parte
application to the Court: or a Judge supported by affidavit, showing
that a.. copy of such judgment o:r order has been served upon the
person directed to deliver up possession, and that the same has not been
obeyed.
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[Subsidiary]
(2) Such leave shall not be given unless it is shown that all
persons in actual possession of the whole or any part of the house,
land or immovable property haVe reeeived such notice of the proceedings as may be considered sufficient to enable them to apply to
the Court for relief or otherwise.
'
92. Upon any judgment or order for the recovery of any house, Separate writs
possession
land or immovable property and costs, there may be either one writ for
and costs.
or separate writs of execution for the recovery of possession and for
the costs at the election of the successful party.
93. A writ of possession shall be a direction to the Marshal to

remove the defendant or occupier and place the party who has obtained
such judgment or order in possession of the property in question.
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8. WRIT OF DELIVERY
94. Where it is sought to enforce a judgment or order for the
recovery of any property other than a house, land, immovable
property or money by writ of delivery, the Court or a Judge may,
upon the application of the plaintiff, order that execution shall issue
for the delivery of the property, without giving the defendant the
option of retaining the property, upon paying the value assessed
(if any), and that if the property cannot be found, and unless the Court
or a Judge shall otherwise order, the Marshal shall levy upon all the
defendant's lands and chattels till the defendant deliver the property;
or at the option of the plaintiff, that the Marshal shall levy on the
defendant's goods for the assessed value, if any, of the property.
Writ of delivery
pfo rrep ertyotl
cover3ioerf
thanland
or money.
95. A writ of delivery shall be in Form No. 3 in Appendix M to Form of writ.

costs
and
these Rules and when a writ of delivery is issued the plaintiff shall Damages
either by the same or a separate writ of execution be entitled to levy
for the damages and costs awarded, and interest.
0
9. WRIT OF ATTACHMENT
96. A writ of attachment shall be a direction to the Marshal to Nature of writ
apprehend and lodge the person against whom such writ shall be of attachment.
issued in gaol, there to be kept at such person's own expense for
such time as may be mentioned in such writ, or if no such time be
mentioned in such writ then until he shall be discharged by order
of the Court or a Judge.
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Issued only by
leave of the
court or a
Judge.
97. No writ of attachment shall be issued without the leave of

the Court or a Judge, to be obtained on application made for such
purpose ; notice of such application shall be served personally on the
party against whom the attachment is to be issued.
/41,
10. WRIT OF SEQUESTRATION

Writ of
sequestration:
Nature of.
98. Where any person is by any judgment or order directed to

pay money into court or to do any other act in a limited time, and
after due service of a copy of such judgment or order refuses or
neglects to obey the same according to the exigency thereof, the person
seeking to enforce such judgment or order shall, at the expiration of
the time limited for the performnce thereof, be entitled to issue a
writ of sequestration against the estate and effects of such disobedient
person.
Form of writ.
99. A writ of sequestration shall be directed to the Marshal and

shall authorise him to enter upon the immovable property of the
person against whom judgment ,has been given, and to receive,
sequester and get into his hands all the rents, proifts and issues of
the said property, and also all the goods and chattels of such person,
and to keep the same until the person complies with the judgment,
or until further order.
100. No subpoena for the payment of costs shall be issued.
No subpoena
for costs.
1
Issued by leave
of the Court or
a Judge.
101. No writ of sequestration shall be issued unless by leave of the

Court or a Judge to be obtained on ex parte application.
[R. 1/1971]
APPLICATION OF THIS ORDER TO CERTIFICATE UNDER SECTION 101

OF THE INCOME TAX ACT
RULE
Application of
Order 36 to
certificate
registered
under section
101 of Income
Tax Act.
c. 81:01
OF 1971
Order 36 of these Rules shall in so far as it applies to a judgment

or order foi' the recovery by or payment to any person of money shall,
subject to rule 103 of these Rules, apply mutatis mutandis to a certiifcate which is issued under section 101 of the Income Tax Act and
registered with the Registrar; and for the purpose of such application
102.
(a) the requirement under' these Rules for the entry and
service of a judgment shall be construed as the requirement of
the Registrar to effect the registration of the certiifcate and the
service there .of of a certiifed copy under rule 103 of these Rules;
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(b) this Order shall be construed as if-
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LAWS OF GUYANA
High Court
Cap. 3:02
157
[Subsidiary]
O. 36
(i) for rule 15 thereof there had been substituted the following ruleI
"15. Where a certiifcate is issued against a firm, execution

may issue--(a) against any property of the partnership within the
jurisdiction ;
(b) against the property of any person who has been
named as a partner in the certiifcate and who has been
served with notice of the intention to effect the registration
thereof."
(ii) the reference to the title of an action, record date of or
other particulars relating to a judgment obtained pursuant to a
writ of summons were references to the particulars of a
certiifcate (including the date of registration thereof).
103. In respect of a certiifcate mentioned in rule 102 no further
proceedings subsequent to the registration thereof shall be takedunder
these Rules unless
Procedure
after certiifcate
registered.
(a) there has been served, in the same manner as a writ of

summons, upon the person named in the certiifcate, being the
person by whom a sum of money is payable, a copy of the
certiifcate certiifed by the Registrar as a true copy of that
registered by him.
(b) Order 7 rule 6 of these Rules with such adaptations as are
necessary has been complied with;
(c) fourteen days have expired fom the date of such service;
and
(d) where service other than personal service is effected as
hereinafter provided in this rule an affidavit setting out that the
requirements thereof have been complied with, has been filed
with the Registrar :
Provided that, where the person effecting such service of the
certiifcate is unable for whatever reason to comply with Order 7
rule 4 of these Rules, but the provisions of Order 8 rule 1 have
been complied with, such service shall be deemed to have been
effected on the date of the last of two publications in a Sunday
newspaper, the first publication being not earlier than twenty-one
days of that date, of a notice setting out-
i
2
(a) an extract of the certificate ;

L.R.O. 1/1973
1
0
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,
LAWS OF GUYANA
158
Cap. 3:02
High Court
(b) particulars of the date of the registration thereof; and
- ^
(c) the date when and place whereat personal service of

the registered certiifcate was ineffectual.
ORDER 37
TRANSFER AND CONSOLIDATION OF ACTIONS
i
1
Power of one
Judg tohear
cau se o r
matter for
another.
1. A Judge may, at the request or with the consent of any other

Judge before whom a cause or matter is pending, hear such cause
or matter or any application therein, and for that purpose it shall not
be necessary that any order for transfer shall be made or consent of
the parties obtained.
Transfer of
action where
an order for
winding up or
administration
made by a
particular
Judge.
2. When an order has been made by a Judge for the winding up

ooif any company, or for the administration of the assets of any testator
or intestate, the Judge in whose court such winding up or administration shall be pending shall have power, without any further consent,
to order the transfer to such Judge of any cause or matter pending in
any other court brought or continued by or against such company
or by or against the executors or administrators of the testator or
intestate whose assets are being so administered, as the case may be.
Consolidation
of causes or
matters.
3. If it be established to the satisfaction of the Court or a Judge

that it will be convenient or that time or costs will be saved, the
Court or a Judge may, on the application of any party, direct that
two or more actions be consolidated and heard together; or where
it appears that the legal liability of several defendants to separate
actions will be decided by the judgment to be given in any one of
such actions, the Court or a Judge may direct that further proceedings
in all of such actions, save one, may be stayed until final judgment
be given in the action which proceeds, on such terms as to the defendants to the actions which are stayed consenting to be bound, so far
as their legal liability is concerned, by such judgment, or otherwise,
as to the Court or Judge shall seem just.
\
,
1 v
[
I
ORDER 38
1. INTERLOCUTORY ORDERS AS TO MANDAMUS, INJUNCTIONS

OR INTERIM PRESERVATION OF PROPERTY, ETC.
Application
tmder the High
Court Act or
under rules 4
or 5.
An application for an order for a mandamus, an injunction

or the appointment of a receiver under the High Court Act or under
rules 4 or 5 of this Order may be made to the Court or a Judge by any
1.
'
"
t
LAWS OF GUYANA
High Court
Cap. 3:02

)
159
[Subsidiary]
0.38
party. If the application be by the plaintiff for an order under the said
Act it may be made either ex parte or with notice, or if for an order
under rule 4 or 5 of this Order it may be made after notice to the defendant at any time after the issue of the writ of summons, and if it be by
another party, then on notice to the plaintiff, and at any time after
appearance by the party making the application.
2. When by any contract a prima facie case of liability is estab- Preservation

lished, and there is alleged as matter of defence a right to be relieved cLrintrim
istoor
wholly or partially of such liability, the Court or a Judge may make subject matter
disputed
an order for the preservation or interim custody of the subject matter of
contract.
of the litigation, or may order that the amount in dispute be brought
into court to be otherwise secured.
0u
0
3. Whenever an application shall be made before trial for an Early trial
injunction or other order, and on the opening of such application of cause.
or at any time during the hearing thereof, it shall appear to the Judge
that the matter in controversy in the cause or matter is one which can
be most conveniently dealt with by :an early trial without ifrst
going into the whole merits on affidavit or other evidence for the
purposes of the application, the Judge may make an order for such
trial accordingly, and in the meantime'may make such order fs the
justice of the case may require.
4. The Court or a Judge may, on the application of any party, Order for sale
ofper ishable
make any order for the sale by any person named in such order, goods
and in such manner and on such terrmn s as the Court or Judge may
think desirable, of any goods, wares, or merchandise which may
be of a perishable nature or likely to " be injured from keeping, or
which for any other just or sufficient reason, it may be desirable
to have sold at once.
0
i
5. The Court or a Judge may, upon the application of any party Detention,
ati o n o r
nsptionof
to a cause or matter, and upon such terms as may be just, make rreszv
any order for the detention, preservation, or inspection of any property.
property or thing, being the subject of such cause or matter, or as to
which any question may arise therein; and for all or any of the purposes aforesaid may authorize any person to enter upon or into any
land or building in the possession of any party to such cause or matter
or his tenants and for all or any of the purposes aforesaid may authorize
any samples to be taken, or any observation to be made or experiment
to be tried, which may be necessary or expedient for the purpose of
obtaining full information or evidence.
L.R.O. 111973
1
T
,
,
i
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--
LAWS OF GUYANA
I 60
,
[Subsidiary]
0.38
Security may
be required.
Cap. 3:02
High Court
6. In the case of any application for an order under rules 4 or

5 of this Order, the Court or Judge may require the party applying
for the order to give such security as the Court or Judge may consider
requisite to be answerable for any damages that may accrue through
the making of the order ; and in any case in which any such order has
been made, if it shall afterwards appear to the Court or Judge that it
was applied for on insufficient grounds, or if the action in which it was
applied for be dismissedand it shall appear to the Court or Judge
that there was no probable ground for instituting such actionthe
Court or Judge may order the party, on whose application such order
was made, to pay to the opposite party such sum as it or he may deem
a reasonable compensation for any loss, injury or damage he may have
sustained by reason of such order :
I
\
Provided that application be made to the Court or Judge to award

such compensation either at the time the judgment disposing of such
action is given or within fourteen days thereafter.
Order for
Pr operty, other
than land,
subject to lien.
Conduct of sale
o f Trust
Estates.
Injunction
against
repetition of
wrongful act or
chof
b
ract.
...
7. Where an action is brought to recover, or a defendant in his

i o pc i Ly
other than land, and the party from whom such recvovvery i sns o u g h t
does not dispute the title of the party seeking to recover the same
but claims to retain the property by virtue of a lien or otherwise as
security for any sum of money, the Court or a Judge may at any
time after such last mentioned claim appears from the pleadings
by afifdavit'or otherwise to the satisfaction of such Court or Jude
order that the party claiming to recover the property be at libegrt
to pay into Court, to abide the event of the action, the amount oyf
money in respect of which the lien or security is claimed, and such
further sum (if any) for interest and costs as such Court or Judge may
direct, and that, upon such payment into Court being made the property claimed be given up to the parting claiming it.
8. Whenever in an action for the administration of the estate
of a deceased person or execution of the trusts of a written instrument
a sale is ordered of any property vested in any executor administrator or trustee, the conduct of such sale shall be given to such
executor, administrator or trusteeunless the Court or a Judge shall
otherwise direct.
9. In any cause or matter in which an injunction has been or
might have been claimed, the plaintiff maybefore or after judgment
apply for an injunction to restrain the defendant or respondent from
the repetition or continuance of the wrongful act or breach of contract
complained of, or from the commission of any injury or breach of
l
a
st
1.q.1co
\>
c. 1.1.,
sl.t/ 6e
lol 1
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I cf
0, 9
s'
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,
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..
LAWS OF GUYANA
[Subsidiary]
0.38
'At,
contract of a like kind relatip ,out of the same Pr-- '

injuncti,
.S-ux:11..
I
OS VV113
s., 10
A-,a1Mvi'a'' pipn
161
Cap. 3:02
High Court
or arising
\ grant the
5 /11 doo
1WIP 9
vallu 11011ts
l AIV.
Judge Appointment
nt, or of receiver.
uoint
)erty
ient
its,
its
es,s
ls".e1\ ) 11111r Id ! 1!:14S A .. IA
n3 Ai
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remuneration.
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LAWS OF GUYANA
164
Cap. 3:02
[Subsidiary]
0.40
High Court

1
Provided that in applications to strike off the rolls the notice of

motion shall be served on the parties not less than ten clear days,
before the time ifxed by the notice , for hearing the motion.
Motions may
be adjourned
or dismissed
where necessary notice
not given.
6. If on the hearing of a motio'n or other application the Court or

a Judge shall be of the opinion that any person to whom notice has
not been given ought to have or to have had such notice, the Court or
Judge may either dismiss the motion or application, or adjourn the
hearing thereof, in order that such notice may be given, upon such
terms, if any, as the Court or Judge may think fit to impose.
Adjournment
of hearing.
7. The hearing of any motion or application may from time to time

be adjourned upon such terms, if any, as the Court or Judge may think
fit.
Service of
notice on
defendant
servedwith
w rit, but no t
appearing.
8. The plaintiff shall, without any special leave, be at liberty to

serve any notice of motion or other notice or any petition or summons
upon any defendant, who, having been duly served with a writ of
summons to appear, has not appeared within the time limited for that
purpose.
Service of
notice of
mot ion
with writ.
Notice to
Marshal to
return writ, etc.
Notice to
ex-Marshal
to bring in
the body.
Entry of
judgmen t
o r order nunc
pro tunc.
'.,
..
9. The plaintiff may, by leave of the Court or a Judge to be obtained

ex parte, serve any notice of motion upon any defendant along with a
writ of summons, or at any time after service of the writ of summons

and before the time limited for the appearance of such defendant.
10. No order shall issue for the return of any writ, or to bring in
the body of a person ordered to be attached or committed ; but a
notice from the person issuing the writ or obtaining the order for
attachment or committal (if not represented by a solicitor), or by his
solicitor, calling upon the Marshal to return such writ or to bring in
the body within a given time, if not complied with, shall entitle such
person to apply for an order for the committal of the Marshal.
t
1
When any Marshal, before going out of office, arrest any

defendant, and render return of cepi corpus, he may be called upon by
a notice, as provided by the last preceding rule, to bring in the body
within the time allowed by law, although he may be out of ofifce
before such notice is given.
ii.
12. It shall not be necessary to obtain an order to enter a judgment

or order nunc pro tune, but the solicitor applying to have a judgment or
order so entered shall leave with the Registrar a memorandum in
writing.
t
1
_. . .
.
:
:.
..
LAWS OF GUYANA
High Court
Cap. 3:02
165
[Subsidiary]
13. Where the relationship of client and solicitor exists, 'or has Account by
existed, a summons may be issued by the client or his representative
for the delivery of a cash account, or the payment of moneys, or the
delivery of securities, and the Court or a Judge may from time to
time order the respondent to deliver to the applicant a list of the moneys
or securities which he has in his custody or control on behalf of the
applicant, or to bring into Court the whole, or any part of the same,
within such time as the Court or Judge may order. In the event of the
respondent alleging that he has a claim for costs, the Court or Judge
may make such provision for the taxation and the payment or security
thereof or the protection of the respondent's lien (if any) as the,Court
or Judge may think ift.
1
14. If during the taxation of any bill of costs or the taking of Moneys may
o:11:;red to
p11
any accounts between solicitor and client, it shall appear to the
Registrar that there must in any event be moneys due from the forthwith.
solicitor to the client, the Registrar may from time to time make an
interim certiifcate as to the amount so payable by the solicitor.
Upon the ifling of such certiifcate the Court or a Judge may order
the moneys so certiifed to be forthwith paid to the client or brought
into Court.
'
ORDER 41 APPLICATIONS AND PROCEEDINGS AT CHAMBERSSUMMONSES
1. Every application at chambers not made

shall be made Applications
to be by
by summons. Ex parte applications shall be made on affidavit.
summons.
2. A summons other than an originating summons shall be in Form of
Form No. 1 in Appendix N to these Rules with such variations as summons.
circumstances may require, and shall be addressed to all persons on
whom it is to be served.
i
i
i
,
3. Every application for payment or transfer out of Court made

ex parte, and every other application made ex parte in which the applications
by summons.
4. Summonses shall not be altered after they are sealed except upon Alteration
of summons.
application at chambers.
if
5. (1) An originating summons shall be in one of the Forms Form and issue
of origin ating
Nos. 2 to 4 (inclusive) in Appendix N to these Rules as shall be summo
ns.
applicable with such variations as circumstances may require.
Judge shall think ift so to require shall be made by summons.

,
4
L.R.O. 111973
LAWS OF GUYANA
Cap. 3:02
166
High Court
[Subsidiary]
0. 41
(2) The provisions of Orders 7, 8 and 9 as to service shall apply

to originating summons so far as practicable.
(3) Where by any Act or rule it is provided that an application
to the Court shall be made by an "originating motion" such application
shall be made by originating summons or by petition.
6. The parties served with an originating summons shall, except as
hereinafter provided, before they are heard, enter appearance at the
Registry and give notice thereof. A party so served may appear at
any time before the hearing of the summons. If he appears at any time
after the time limited by the summons for appearance he shall not,
unless the Court or a Judge shall otherwise order, be entitled to any
further time for any purpose, than if he had appeared according to the
Appearance to
originating
summons.
/-
summons.
7. The day and hour for attendance under an originating summons

to which an appearance is required to be entered shall after appearance
be fixed by notice sealed with the seal of the Court. Such notice shall be
in Form No. 5 in Appendix N to these Rules. The notice shall be
served on the defendant or respondent by delivering a copy thereof
at the address for service named in the memorandum of appearance
of such defendant or respondent not less than four clear days before
the return day.
Attendance
under
originating
summons.
1
Every summons, not being an originating summons to which
an appearance is required to be entered, shall be served two clear
days before the return thereof, unless in any case it shall be otherwise
ordered :
8.
Service of
summons.
Provided that in case of summonses for time only, the summons

may be served on the day previous to the return thereof.
9. A respondent to an originating summons-
When
appearance
not required.
(a) for a solicitor to deliver papers for a cash account or

securities or to pay money;
t
(b) under the Arbitration Act;
c. 7:03
(c) under Order 45 rule 1 for interpleader relief;
(d) for inspection or rectiifcation of the Register of Joint

Stock Companies ;
(e) for relief under the Bills of Sale Act by grantors' of Bills
of Sale;
c. 90:12
K
i
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...
,
.
.
,
.
_
'
LAWS OF GUYANA
167
Cap. 3:02
High Court
[Subsidiary]
O. 41
(f) under section 15 of the Married Persons (Property) c. 45:04

Act ;
(g) in Probate matters (where there is no pending cause or
matter) relating to(i) acceptance of foreign sureties;
(ii) applications for grant notwithstanding caveat ;
(iii) leave to withdraw caveat after warning ;
shall not be required to enter an appearance.

1
10. Where any of the parties to a summons fail to attend, whether

upon the return of the summons, or at any time appointed for the
consideration or further consideration : of the matter, the Judge may
proceed ex parte, if, considering the nature of the case, he thinks it
or
expedient, so to do; no affidavit of non-attendance shall be
allowed, but the Judge may require such evidence of service aqs lhe may
think just.
Proceeding
ex parte
where any
party fails
to attend.
11. Where the Judge has proceeded ex parte, such proceedings Reconsiderashall not in any manner be reconsidered in the Judge's chambers, pi?oceecgr
tinae
unless the Judge shall be satisfied that the party failing to attend
was not guilty of wilful delay or negligence ; and in such case the costs
occasioned by his non-attendance shall be in the discretion of the
Judge, who may fix the same at the time, and direct them to be paid
by the party or his solicitor before he shall be permitted to have such
proceeding reconsidered, or make such other order as to such costs
as he may think just.
12. Where a proceeding in chambers fails by reason of the non- Costs thrown
attendance of any party, and the Judge does not think it exisedient awaYbYnrli
attendanceo
to proceed ex parte, the Judge may order such an amount of costs any party.
(if any) as he shall think reasonable to be paid to the party attending
by the absent party or by his solicitor personally.
i
i
13. Where matters in respect of viihich summonses have been Further

at tendance
issued are not disposed of upon the return of the summons, the parties where
shall attend from time to time without further summons at such time
summons not
or times as may be appointed for the consideration or further con- rui iyofdisposed
sideration of the matter.
14. In every cause or matter where any party thereto makes any What matters
bei:cludd
m same
application at chambers, either by way of summons or otherwise, to
he shall be at liberty to include in one, and the same application all summons.
matters upon which he then desires the order or directions of the Court
L.R.O. 111973
/
.
LAWS OF GUYANA
168
Cap. 3:02
High Court
[Subsidiary]
--
0. 42
or Judge ; and upon the hearing of such application it shall be lawful

for the Court or Judge to make any order and give any directions
relative to or consequential on the matter of such application as may
be just.
Adjournment
into Court or
into chambers.
Disposal of
business by one
judge for
another.
Issue of
summons.
i
Power to direct
hearing
in Court.
15. Any application may, if the Judge thinks ift, be adjourned from
Chambers into Court or from Court into Chambers.
r's*/
I
,
16. In any cause or matter on the application of any party thereto,

any Judge may, and, if the circumstances require it, shall hear and
dispose of any application therein on behalf of any other Judge by
whom the application would otherwise have been heard.
( P
i
17. A summons in all cases of applications originating in chambers,
or an originating summons, shall be prepared by the applicant or his

solicitor, and shall be sealed in the Registry, and when so sealed shall
be ifled and shall then be deemed to be issued. The person presenting
the summons to be filed shall leave at the Registry a copy or copies
thereof, as the case may be, for service which shall be certiifed by the
Registrar and sealed with the seal of the Court.
18. A Judge in Chambers if he thinks it desirable that any summons,
appeal or application owing to its importance or the length of time
likely to be occupied or for any other reason should be heard in Court
may direct that the same be so heard or may adjourn the same to be
so heard :
Provided that any decision in Court on any summons, appeal or

application shall be deemed to be a decision at chambers.
Form of Order.
19. An order shall be in Form No. 6 in Appendix N to these Rules

with such variations as circumstances may require. It shall be sealed
and marked with the name of the Judge by whom it was made.
ORDER 42
i
,
DECLARATION ON ORIGINATING SUMMONS

Construction
of deed, etc.
g
I
1. Any person claiming to be interested under a deed, will,

or other written instrument, may apply by originating summons
for the determination of any question of construction arising under
the instrument and for a declaration of the rights of the persons
interested.
1
LAWS OF GUYANA
N0
7)._/ c)-D4 Highcurt

te t6
n
Z
c
1
2. Any person claiming any legal or equitable right in a case
where the determination of the question whether he is entitled to the
right depends upon a question of construction of an Act, may apply
by originating summons for the determination of such question of
%
construction, andfor a declaration as to the right claimed.
1
\
169
Cap. 3:02
[Subsidiaryl
O. 43
Construction
of Act.
3. The Court or a Judge may direct such persons to be served with

the summons as it or he may think fit.
Service.
4. The application shall be supported - by such evidence as the

Court or a Judge may require.
J
5. The Court or Judge shall not be bou nd to determine any such
question of construction if in its or his opinion it ought not to be
determined on originating summons.
Evidence.
Discretion
of Court.
ORDER 43
1
PROCEDURE IN CHAMBERS
1. Business in Chambers
A
1
I
i
-
1. The business to be disposed of in chambers by the Judge shall

consist of the following matters, in addition to the matters which under
any other rule or by any written law may be disposed of in chambers(1) applications
(a) for payment or transfer to any person of any cash
or securities standing to the credit of any cause or matter
where there has been a judgment or, order declaring the rights
or where the title depends only upon proof of the identity or the
birth, marriage or death of any person ;
(b) in partnership actions with the consent of all the partners
for payment or transfer to any person of any cash or securiiies
standing to the credit of the action ;
(c) for payment or transfer to any person of any cash or
securities standing to the credit of any cause or matter or for
the distribution of any moneys paid into Court under any Act ;
(d) for payment to any person of the dividend or interest on
any securities standing to the credit of any cause or matter,
whether to a separate account or otherwise;
(e) for the investment of any fulids paid into Court under
any Act or Order of the Court ;
Business to be
dispoe of in
eiiamteds
-7
,
)
1
L.R.O. 111973
LAWS OF GUYANA
1
170
High Court
Cap. 3:02
[Subsidiary]
O. 43
(f) Under the Infancy Act, including applications for the

settlement of any property of any infant on marriage ;
(g) where the infant is a ward of the Court or the administration of the estate of the infant is under the direction of the
Court ;
(h) as to the guardianship and maintenance or advancement
of infants;
(i) connected with the management of property ;
(j) for or relating to the sale by auction or private contract

of property, and as to the manner in which the sale is to be
conducted, and for payment into Court and investment of the
purchase money;
(k) for the taxation and delivery of bills of costs and for
the delivery by any solicitor of deeds, documents and papers ;
(1) for orders on the further consideration of any cause or
matter where the order to be made is for the distribution of an
insolvent estate or for the distribution of the Estate of an
intestate, or for the distribution of a fund among creditors
or debenture holders;
(m) for time to plead, for leave to amend pleadings, for
discovery and production of documents, and generally all
applications relating to the conduct of any cause or matter ;
(2) proceedings under Order 29;
(3) such other matters as the Judge may think ift to dispose of
at chambers.
2. Administrations and Trusts
1
Applications
under sec. 37
of High Court
Act.
Originating
2. Applications under section 37 of the High Court Act shall be by

originating summons.
\
3. The executors or administrators of a deceased person or any

5=1171011S
of
them, and the trustees under any deed or instrument or any of
relating to
express trusts them, and any person claiming to be interested in the relief sought as
of the
creditor, devisee, legatee, heir or next of kin of a deceased person,
administration
of the estate of or as cestui que trust under the trust of any deed or instrument, or
a deceased
as claiming by assignment or otherwise under any such creditor or
person.
other person as aforesaid, may take out, as of course, an originating
summons returnable in chambers before a Judge for such relief of
the nature or kind following, as may by the summons be speciifed
and as the circumstances of the case may require, that is to say, the
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determination, without an administration of the estate or trust, of any

of the following questions or matters
(a) any question affecting the rights or interests of the person
claiming to be creditor, devisee, legatee, heir, next of kin, or
cestui que trust;
(b) the ascertainment of any class of creditors, legatees,

devisees, next of kin or others;
i
a
(c) the furnishing of any particular accounts by the executors

or administrators or trustees, and the vouching when necessary
,
of such accounts;
1
(d) the payment into Court of any money in the hands of the
executors or administrators or trustees;
(e) directing the executors or administrators or trustees to
do or abstain from doing any particular act in their character
as such executors or administrators or trustees;
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(f) the approval of any sale, purchase, compromise, or other

transaction;
(g) the determination of any question arising in the administration of the estate or trust.
I
4. Any of the persons named in the last preceding rule may in like
manner apply for and obtain an order for
(a) the administration of the estate of the deceased ;
Order for
of estate of
deceased or
of trust.
D
(b) the administration of the trust ;

(c) any act done or step to be taken which the Court could have
ordered to be done or taken if any such administration order as
aforesaid had previously been made.
5. The persons to be served with the summons under the last two
preceding rules in the ifrst instance shall be the following, that is to
say-
H
Persons to
be served.
1
T
(a) where the summons is taken out by an executor or administrator or trustee

(i) for the determination of any question, under rule 3(a),
(e), (f) or (g) of this Order, the persons or one of the persons,
whose rights or interests are sought to be affected ;
(ii) for the determination of any question under rule 3(b)

of this Order, any member or alleged member of the class ;
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(iii) for the determination of any question under rule 3(c)

of this Order, any person interested in taking such accounts ;
3N
(iv) for the determination of any question under rule 3(d)

of this Order, any person interested in such money ;
(v) for relief under rule 4(a) or (b) of this Order, the
residuary legatees, devisees, heirs or next of kin, or some of
them;
(vi) for relief under rule 4(c) of this Order, the cestui que
trust, or some of them ;
(vii) if there are more than one executor, or administrator
or trustee, and they do not all concur in taking out the
sumrnpns, those who do not concur;
1
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(b) where the summons is taken out by any person other than
the executors, administrators or trustees, the said executors,
administrators or trustees.
s
Service upon
other persons.
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Evidence.
6. The Court or a Judge may direct such other persons to be served

with the summons as it or he may think ift.
7. The application shall be supported by affidavit and by such
further evidence as the Court or Judge may require, and such directions
may be given as the Court or Judge may think just for the trial of any
questions arising thereout.
Judgment
upon
summons.
8. The Court or a Judge may upon such summons pronounce such

judgment as the nature of the case may require.
Carriage and
service of
judgment.
9. The Court or a Judge may give any special directions touching

the carriage or execution of the judgment, or the service thereof upon
persons not parties, as it 'or he may think just.
Judge not
bound to order
administration.
10. (1) It shall not be obligatory on the Court or a Judge to pronounce or make a judgment or order, whether on summons or
otherwise, for the administration of any trust or of the estate of any
deceased person, if the questions between the parties can be properly
determined without such judgment or order.
(2) Where there is a judgment or order for the administration
of the estate a deceased person or a trust, the administration shall be
carried out in accordance with the directions of a Judge given from
time to time, and the Judge may make such orders as he may think just.
Orders on
applications
for adminis-
Upon an application for administration or execution of trusts

by a creditor or beneifciary under a will, intestacy, or deed of trust,
11.
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where no accounts or insufifcient accounts have been rendered, the

Court or a Judge may, in addition to the powers already existing
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tration of
execution
of
trusts
(a) order that the application shall stand over for a certain
time, and that the executors, administrators or trustees in the
meantime shall render to the applicant a proper statement of their
accounts, with an intimation that if this is not done they may be
made to pay the costs of the proceedings ;
(b) where necessary, to prevent proceedings by other creditors,
or by persons beneifcially interested, make the usual judgment
or order for administration, with a proviso that no proceedings
are to be taken under such judgment or order without leave of
the Judge in person.
1
1
12. The issue of a summons under rule 2 or 3 of this Order shall Interference
scr e ti on
teeetu
not interfere with or control any power of discretion vested in any wh
o Ptr us
di
executor, administrator or trustee, except so far as such interference
or control may necessarily be involved in the particular relief sought.
13. (1) Any of the following applications may be made by summons
applications under the applied Act entitled the Trustee Act,

1893, and under section 13 of the Civil Law of Guyana Act ;
Application by
summons.
i
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(a)
c. 6:01
(b) applications under section 14 of the Married Persons C. 45:04

(Property) Act ;
(c) applications under section 22 of the Civil Law of Guyana c. 6:01
Act ;
(d) applications under the Deceased Persons Estates' Adminis- c12:01
traionAc;
(e) applications for the vesting or other consequential order

in any case where a judgment or order has been given or made
for the sale, transport or transfer of any land or stock, or for
recovering any chose in action ;
,
(f) applications relating to a fund paid into Com? in any

case coming within rule 1 of this Order ;
(g) applications to oppose the granting of a fiat in cases of
parate execution ;
9 (h) any other application under the authority of an Act where
no procedure is provided by the Act.
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(2) Every such summons shall be intituled in the matter of the

will, settlement, trust, property or process, as the case may be, to
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which the summons relates, and in the matter of the Act, if any,
under which the application is made, and shall in the body thereof
specify the particular section or sections of the Act under which relief
is sought.
What matters
may be heard
by the
Registrar.
14. The Judges shall have power, subject to these rules, to order
what matters shall be heard and investigated by the Registrar or
Deputy Registrar, either with or without their direction, during their
progress; and what matters shall be heard and investigated by themselves; and`particularly, if the Judge shall so direct, the Registrar or
Deputy Registrar shall take such accounts, and make such inquiries
as the Judge may direct, and the judge shall give such aid and directions in every such account or inquiry as he may think ift, but subject
to the right hereinafter provided for the parties to bring any particular
point before the Judge:
Provided that(a) summonses under rule 2 or 3 of this Order, the object of

which is to obtain the opinion of the Court or a Judge upon the
construction of a document or any question of law, and any
application for the appointment of a provisional liquidator, and
applications for service out of the jurisdiction, shall be brought
before the Judge in person;
(b) every order upon the ifndings of the Registrar or Deputy
Registrar on any inquiry, investigation or taking of accounts
shall be made by the Judge in person after he has personally
examined the said ifndings.
Powers of
Registrar.
Duty of
persons
summoned to
attend before
Registrar.
15. The Registrar or the Deputy Registrar shall, for the purposes
of any proceedings directed to be taken before him, have full power

to issue advertisements, to summon parties and witnesses, to administer oaths, to require the production of documents, to take affidavits,
and, when so directed by the Judge, to examine parties and witnesses
either upon interrogatories or viva voce, as the Judge shall direct.
16. Parties and witnesses summoned to attend before the Registrar
or Deputy Registrar shall be bound to attend in pursuance of the
summons, and shall be liable to process of contempt in like manner
as parties or witnesses are liable thereto in case of disobedience to any
order of the Court, or in case of default of attendance, in pursuance
of any order of the Court or of any writ of subpoena ad testificandwn,
and all persons swearing or afifrming before the Registrar or Deputy

Registrar shall be liable to all such penalties, punishments, and
consequences for any wilful and corrupt false swearing or affirming
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contained therein, as if the matters Ovorn or affirmed had been sworn

and affirmed before any other person by law authorised to administer
oaths, to take affidavits, and to receive affirmations.
17. The summons by the Registrar or the Deputy Registrar Form of
eg is t rar' s
requiring the attendance of parties shall be in the Form or to the Rsuninions
effect of the Form in Appendix 0 to these Rules with such variations
as the circumstances of the case may require.
3. Assistance of Experts
18. The Judge in chambers may, in such way as he thinks fit, Power to
o b a i n t e0 f
obtain the assistance of accountants, merchants, engineers, actuaries, assstane
and other scientific persons the better to enable any matter at once accountants.
to be determined, and he may act , upon the certificate of any such
person.
4. Proceedings Relating to Infants

19. Upon the application for the appointment of guardians of Evidence upon
ip' ications
infants and allowance for maintenance, the evidence shall show g rappoint.
(a) the ages of the infants;

(b) the nature and amount of the infants' fortunes and incomes ;
ment of
guardians and
for maintenance.
(c) what relations the infants have.

20. (1) Upon applications to obtain the sanction of the Court
to an infant making a settlement on marriage under the Infancy Act,
evidence shall be produced to show--
(a) the age of the infant;
Evidence upon
sljcatiins
an cton to
settlements of
infants on
marriage.
(b) whether the infant has any parents or guardians;

,
(c) with whom or under whose care the infant is living; and
if the infant has no parents or guardians, what near relations the
infant has;
(d) the rank and position in life of the infant and "Parents;
(e) what the infant's property and fortune consist of;
(f) the age, rank and position in life of the person to whom
the infant is about to be married;
(g) what property, fortune and income such person has;
(h) the fitness of the proposed trustees and thir consent
to act.
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(2) The proposals for the settlement of the property of the

infant, and of the person to whorn such infant is proposed to be
married, shall be submitted to the Court or Judge.
Guardians
ad Went.
21. At any time during the proceedings under any judgment or

order, the Judge may, if he shall think fit, require a guardian ad litem
to be appointed for any infant or person of unsound mind not so found
by inquisition, who has been served with notice of such judgment or
order.
5. General
I
I
Course of
roceeding in
chambers.
Papers for use
of Judge.
22. The course of proceeding in chambers shall ordinarily be

the same as the course of proceeding in Court upon motions. Copies,
abstracts, or extracts of or from accounts, deeds, or other documents
and pedigrees and concise statements shall, if so directed, be supplied
for the use of the Judge, and where so directed, copies shall be handed
over to the other parties. But no copies shall be made of deeds or
documents where the originals can be brought in, unless the Judge shall
otherwise direct.
Counsel in
chambers.
23. In any proceeding before the Judge in chambers any party

may, if he so desire, be represented by counsel.
Entries in
"Cause Book".
24. At the time any summons is ifled an entry thereof shall be made
in the "Cause Book", stating the date on which the summons is issued
the name of the cause or matter, and by what party, and shortly for
what purposes such summons is obtained, and at what time such
summons is returnable.
Lists and order

of hearing
matters in
chambers.
25. A list of matters appointed to be heard in chambers shall

be made out and afifxed outside the doors of the chambers of the
Judge ; and, subject to any special direction, such matters shall be
heard in the order in which they appear in such list. If when a summons is called neither party appears, the summons shall be passed
over until the list has been gone through. The summonses passed over
shall then be called a second time in their order. If neither party
appears to a summons so called it shall be struck out.
Notes of
proceedings in
chambers.
_ _
26. Notes shall be kept of all proceedings in the Judges' chambers

with proper dates, so that all such proceedings in each cause or matter
may appear consecutively and in chronological order, with a short
statement of the questions or points decided or ruled at every hearing.
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ORDER 44
ACTION OF MANDAMUS
The plaintiff, in any action in which he shall claim a mandamus Indorsement

to command the defendant to fulifl any duty in the fulfilment of which of writ.
the plaintiff is personally interested, shall indorse such claim upon the
writ of summons.
1.
2. If judgment be given for the plaintiff the Court or Judge may by Time within
whichaft t o b e
the judgment command the defendant either forthwith, or on the perfomed
expiration of such tirne and upon such terms as may appear to the
Court or Judge to be just, to perform the duty or act in question.
The Court or Judge may also extend the time for the performance of
the duty or act.
ORDER 45
INTERPLEADER
0
RULE
1. When relief by interpleader granted.

2. Matters to be proved by applicant.
3. Adverse titles of claimants.
4. Application by a defendant.
5. Summons by applicant.
6. Stay of action.
7. Order on summons.
8. Summary disposal of matter.
9. Question of law.
10. Failure of claimant to appear, or neglect to obey-summons.
11. Appeals in interpleader.
12. Order for sale of goods seized in execution.
13. Final disposal of matter.
14. Title of order.
0
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16. Claim by third party.

17. Costs in interpleader.
ORDER 45
INTERPLEADER
1. Relief by way of interpleader may be granted

When relief by
interleader
(a) where the person seeking relief (in this Order called the granpeci
applicant) is under liability for any debt, money, goods, or
,
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chattels, for or in respect of which he is, or expects to be, sued by

two or More parties (in this Order called the claimants) making
adverse claims thereto ;
(b) where the applicant is, the Marshal charged with the
execution of process by or under the authority of the Court, and
claim is made to any money, goods, or chattels taken or intended
to be taken in execution under any process, or to the proceeds or
value of any such goods or chattels, or to the proceeds of sale of
immovable property by any person other than the person against
whom the process is issued.
Matters to be
proved by
applicant.
2. The applicant must satisfy the Court or a Judge by afifdavit or

otherwise(a) that the applicant claims no interest in the subject matter
in dispute other than for charges or costs ; and
(b) that the applicant does not collude with any of the claimants ; and
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(c) that the applicant, except where he is the Marshal charged

with the execution of process by or under the authority of the
Court, who has seized goods and who has withdrawn from
possession in consequence of the execution creditor admitting
the claim of the claimant under rule 16 of this Order, is willing to
pay or transfer the subject matter into Court or to dispose of it as
the Court or a Judge may direct.
T
Adverse titles
of claimants.
3. The applicant shall not be disentitled to relief by reason only

that the titles of the claimants have not a common ,origin, but are
adverse to and independent of one another.
Application
by a
defendant.
4. Where the applicant is a defendant, application for relief may

be made at any time after service of the writ of summons.
Summons by
applicant,
5. The applicant may take out a summons calling on the claimants

to appear at a time to be named therein, and state the nature and
particulars of their claims, and either to maintain or relinquish them.
Stay of action.
6. If the application is made by a defendant in an action the Court

or a Judge may stay all further proceedings in the action.
Order on
summons.
7. If the claimants appear in pursuance of the summons, the Court

or a Judge may order either that any claimant be made a defendant in
any action already commenced in respect of the subject matter in
dispute in lieu of or in addition to the applicant, or that an issue
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Rules of the Iligh Court
between the claimants be stated and tried, and in the latter case may
direct which of the claimants is to be plaintiff, and which defendant.
8. The Court or a Judge may, with the consent of both claimants or

on the request of any claimant, if, having regard to the value of the
subject matter in dispute, it seems desirable so to do, dispose of the
merits of their claims, and decide the same in a summary manner
without stating any issue and on such terms as may be just.
Summary
disposal of
matter.
9. Where the question is a question of law, and the facts are not in Question of
dispute, the Court or a Judge may either decide the question without law.
directing the trial of an issue, or order that a Special Case be stated
for the opinion of the Court. If a Special Case is stated Order 30 shall,
as far as applicable, apply thereto.
10. If a claimant having been duly served with the summons

calling on him to appear and maintain, or relinquish, his claim, does
not appear in pursuance of the summons, or, having appeared,
neglects or refuses to comply with any order made after his appearance, the Court or a Judge may make an order declaring him, and all
persons claiming under him, forever barred against the applicant and
persons claiming under him, but the order shall not affect the rights
of the claimants as between themselves.
Failure of
claimantto
appearor
11. (1) The decision of the Court or a Judge in a summary way

under rule 8 of this Order and the decision of the Court or a Judge on
a question of law under rule 9 thereof shall be ifnal and`conclusive
against the claimants and all persons claiming under them unless
leave to appeal is given by the Court or a Judge or by the Full Court.
Appeals in
interpleader.
neglect to obey
summons.
E
,
,
(2) Where an interpleader issue is tried by the Court or a Judge,

an appeal shall lie from any decision arrived at or any judgment
directed by the Court or Judge.
(3) Where the Court or a Judge tries an interpleader issue and
finally disposes of the whole matter under rule 13 of this Order, an
appeal shall lie from the decision or judgment.
i
(4) Any appeal under this rule shall be to the Full Court and
shall be deemed to be interlocutory.
U
12. When goods or chattels have ,been seized in execution by a Order for sale
goo d
Marshal charged with the execution of process of the Court, and any ofseizedn
claimant alleges that he is entitled, under a mortgage or bill of sale or execution.
otherwise, to the goods or chattels by way of security for debt, the
Court or a Judge may order the sale of the whole or a part thereof, and
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direct the application of the proceeds of the sale in such manner and
upon such terms as may be just.
1
Final disposal
of matter.
13. (1) The Court or Judge who tries the issue may ifnally dispose
of the whole of the interpleader proceedings, including all costs not
otherwise provided for.
(2) Orders 27 and 37 shall, with the necessary modiifcations,
apply to an interpleader issue.
Title of order.
14. Where in any interpleader proceeding it is necessary or expedient

to make one order in several causes or matters pending before different
Judges, such order may be made by the Court or Judge before whom
the interpleader proceeding may be taken, and shall be entitled in all
such causes or matters; and any such order (subject to the right of
appeal) shall be binding on the parties in all such causes or matters.
Costs.
15. The Court or a Judge may, in and for the purposes of any
interpleader proceedings, make all such orders as to costs and all
other matters as may be just and reasonable.
Claim by
third party.
16. (1) Where a claim is made to or in respect of any goods or

chattels or movable property taken in execution under the process of
the Court it shall be in writing, and shall set forth the grounds on
which the goods, chattels or movable property are claimed, with the
address of the claimant thereon, and such address shall be the address
for service of the claimant.
)
,
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(2) Upon the receipt of the claim the Marshal shall forthwith
give notice thereof to the execution creditor according to Form No. 1
in Appendix P to these Rules or to the like effect, and the execution
creditor shall, within four days after receiving the notice, give notice
to the Marshal that he admits or disputes the claim, according to
Form No. 2, in Appendix P to these Rules or to the like effect.
(3) If the execution creditor admits the title of the claimant,

and gives notice as directed by this rule, he shall only be liable to the
Marshal for any fees and expenses incurred prior to the receipt of the
notice admitting the claim.
(4) Every such claim shall be lodged with the Marshal twentyfour hours at least before the time advertised for the sale of the goods.
(5) When the execution creditor has given notice to the Marshal
that he admits the claim of the claimant, the Marshal may thereupon
withdraw from the possession of the goods claimed, and may apply
for an order protecting him from any action in respect of the said
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seizure and possession of the said goods, and the Judge may make
such order as may be just and reasonable in respect of the same :
Provided always that the claimant shall receive notice of such
intended application, and, if he desires itmay attend the hearing of
the same, and if he attendthe Judge may, in and for the purposes
of such application, make all orders as to costs as may be just and
reasonable.
17. (1) Where the execution creditor does not in due time as Costs in
directed by the last preceding rule, admit or dispute the title of the interpleader.
claimant to the goods or chattels, and the claimant does not withdraw
his claim thereto by notice in writing to the Marshal or Registrarthe
Marshal may apply for an interpleader summons to be issued, and
service of the summons on the claimant may be effected at the address

for service either by personal service upon the claimant or by registered
post.
(2) Should the claimant withdraw his claim by notice in

writing to the Marshal or Registrar, or the execution creditor in like
manner serve an admission of the title of the claimant prior to the

return day of such summons, and at the same time give notice of such
admission to the claimant, the Court or Judge may, in and for the
purposes of the interpleader proceedings, make all such orders as to
costs, fees, charges and expenses as may be just and reasonable.
ORDER .46
APPEALS
1. Preliminary
RULE
1. Bespeaking Judge's notes of evidence.

2. Determination of finality of judgment.
2. Appeals to the Full Court
3. Application for security of costs.
4. Sittings of the Full Court.
5. Time for appealing.
6. Application for leave to appeal.
7. Appeals to be by rehearing on motion.
8. Service of Notice of Appeal.
9. Notice of Appeal by respondent.
10. Setting down appeal.
11. Time of hearing.
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RULE
12. Settling the record.

13. Evidence on appeal on questions of fact.
14. Powers of Full Court to amend, admit further evidence or draw
inferences of fact.
15. Power to order new trial.
16. Appeal from refusal of ex pale application.
17. interlocutory order not to prejudice appeal.
18. Stay of proceedings on appeal.
19. Order for joinder of parties to carry on appeal.
20. Application to Court below or to Full Court.
21. Application by motion.
)
\
3. Appeals from Magistrates' Courts

22. Deifnition.
23. Sittings of Court.
24. Application under section 14 of the Act.
25. Application under section 36 or 37 of the Act.
26. Copies of the record.
27. Notice of hearing.
28. Alternative means of service on member of Police Force.
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4. New Trial
29. AppliCa tion for new trial to be made to Full Court or Court of
Appeal.
30. Manner of application.
31. Mode of application.
32. Improper admission of evidence.
33. New trial may be ordered on any one question.
34. Rules.
5. General
35.
36.
37.
38.
Copy of affidavit to be served.

Time of notice of motion.
Forms.
Exception.
ORDER 46
APPEALS
1. Preliminary
,
Bespeaking
Judge's notes
of evidence.
1. When a Judge's notes of evidence are required at the hearing of

an appeal, the appellant shall lodge with the Registrar a bespeak for
them.
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(1) Whenever any doubt arises as to whether a judgment is final Determination

a i ty . of
dgmnt
or interlocutory, such doubts may be determined by the Full Court fin
1 ary way.
under these rules or by the Court on application ii n a summ
2.
(2) Any such determination by the Court shall be deemed by the

Full Court to be binding on all parties.
(3) Application to the Court under this rule or under rule 22 of
the Court of Appeal Rules shall be made by way of summons or
motion. Such application shall be supported by affidavit a copy of
which shall be served with the summons or notice of motion.
c. 3:01
2. Appeals to the Full Court

3. (1) An application for an order for deposit of security for costs
of an appeal shall be made by summons, supported by affidavit,
stating the special circumstances in which it is made.
I
.
Application
forse curity of
costs
(2) Before the application is made, a written demand for the

security for costs shall be made by the respondent or his solicitor to
the appellant or his solicitor, and if the demand is refused or if an
offer of security be made by the appellant and not accepted by the
respondent, the Judge shall, upon an application for an order for the
security, in dealing with the costs thereof, consider which of the parties
to the appeal has made the application necessary.
(3) An application under this Rule may be made at any time
after the appeal has been set down by the Registrar pursuant to rule
10 of this Order, but should be made as promptly thereafter as the
circumstances permit.
4. The Full Court shall sit at such time as the Chief Justice shall
appoint to hear appeals and cases stated.
Sittings of the
Full Court.
5. (1) Subject and without prejudice to any power of the Full

Court or the Court to enlarge or abridge the time appointed by these
rules or ifxed by any order of the Court enlarging time for doing any
act or taking any proceeding, every appeal to the Full Court from an
interlocutory order, or from any order (whether ifnal or interlocutory)
in any matter not commenced by writ of summons or originating
summons shall be brought within fourteen days, and every other
appeal to the Full Court shall be brought within six weeks, unless the
Court at the time of making the order or at any time subsequently, or
the Full Court, enlarges the time.
Time for
\
, \
(2) The said respective periods shall be calculated-
aPPealing'
LAWS OF GUYANA
184
Cap. 3:02
[Subsidiary]
O. 46
c. 89:01
Application
for leave to
appeal.
o
High Court
(a) in the case of an appeal from an order in chambers from the

time when the order was pronounced or when the appellant ifrst
had notice thereof; and
(b) in all other cases from the time when the judgment or order
is entered or otherwise perfected, or, in the case of the refusal of
an application, from the date of that refusal.
(3) The time for appealing from any order or decision made or
given in the matter of the winding up of a company (including the
winding up order) under the Companies Act or from any order or
decision made in the matter of any insolvency or in any other matter
not commenced by writ of summons or by originating summons shall
be the same as the time limited for appeal from an interlocutory
order under this rule.
6. (1) An application for leave to appeal, if not made at the time

when the judgment or order in question is given or made, shall be by
summons ex parte to the Judge to whose judgment or order the
application relates within four days after that time, or within such
enlarged time as may be allowed by that Judge, or, in his absence, by
another Judge of the Court.
(2) The summons shall state whether complaint is made of the
whole or part only of the judgment or order, and, if of part only, shall
specify that part, and in every case shall set out concisely the grounds
upon which the application is based
Appeals to be
by re-hearing
on motion.
7. (1) All appeals to the Full Court shall be by way of re-hearing

and shall be brought by notice of motion stating clearly and concisely
the grounds of appeal and, except under section 81 of the High Court
Act or as otherwise provided by these rules, no petition, case or other
formal proceeding other than the notice of motion shall be necessary.
(2) The appellant may, by the notice of motion, appeal from the
whole or any part of the judgment or order, and the notice shall state
whether the complaint is made of the whole or part only of the judgment or order, and in the latter case shall specify that part.
8. (1) A true copy of the notice of appeal shall be served upon all
parties directly affected by the appeal and it shall not be necessary to
serve any party not so affected; but the Full Court may direct notice
of the appeal to be served on all or any parties to the action or proceeding or upon any person not a party, and, in the meantime, may
postpone or adjourn the hearing of the appeal upon such terms as
may be just, and may give such judgment and make such order as
might have been given or made if the persons served with the notice
of appeal had been originally parties.
Service of
Notice of
Appeal.
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[Subsidiary]
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(2) A true copy of the notice of appeal shall be served on each

respondent within seven days after the 'original notice has been ifled.
(3) Service of a notice of appeal or any other document requiring
to be served shall be effected(a) in accordance with these Rules; or
(b) by registered post addressed to the respondent'saddress

for service or to his last known place of abode, and in such case
service shall be deemed to have been effected three days after the
date on which the same shall have been posted; or
(c) in such other manner as the Court or a Judge or the Full

Court may direct.
I
(4) Any notice of appeal may be amended at any time as the

Full Court may think ift.
9. (1) It shall not in any circumstances be necessary for a respondent to give notice of motion by way of cross appeal, but if a respondent intends, upon the hearing of the appeal, to contend that the
decision of the Court below should be varied, he shall serve notice of
his intention on any parties who may be affected thereby, in the case
of an appeal from a ifnal judgment or order, eight days, and, in the
case of an appeal from an interlocutory order, four days before the
appeal is heard, or within such time as may be prescribed by any
special order, and he shall forthwith file a copy thereof and shall leave
three additional copies for the use of the Judges.
Notice of
APPlbY
respodent.
(2) The omission to give the notice aforesaid shall not diminish
the powers conferred by the High Court Act or these Rules upon the
Full Court, but may, in the discretion of that Court, be ground for
the adjournment of the appeal, or for a special order as to costs.
'
10. (1) The party appealing from a judgment or order shall

produce to the Registrar an ofifce copy thereof and leave with him a
copy of the notice of appeal to be filed, and the Registrar shall thereupon set down the appeal by entering the same in the list of appeals.
(2) The appeal shall come on to be heard according to its order
in the list, unless the Full Court or a Judge thereof shall otherwise
direct.
Setting down
appeal.
11. (1) The Registrar shall, with the approval of the Chief Justice,
appoint a day for the hearing of the appeal and shall notify theparties
or their solicitors of the date appointed.
Time of
hearing.
L.R.0.111973
LAWS OF GUYANA
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High Court
Cap. 3:02
[Subsidiary]
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(2) Notice by the Registrar of hearing of an appeal from any

judgment whether final or interlocutory, or from a final order, shall be
a fourteen days' notice, and notice of hearing of an appeal from any
interlocutory order shall be an eight days' notice.
i
Settling the
record.
12. (1) In the case of an appeal from a Judge, the Registrar shall,
immediately an appeal is brought, summon the parties before him to
settle the documents to be included in the record and shall, whether
any of the parties attend the appointment or not, settle and sign and
in due course file a list of such documents.
(2) The Registrar as well as the parties shall endeavour to
exclude from the record all documents (more particularly such as are
merely formal) that are not relevant to the subject matter of the
appeal, and generally to reduce the bulk of the record as far as
practicable, taking special care to avoid duplication of documents
and unnecessary repetition of headings and other merely formal parts
of documents; but the documents omitted to be copied shall be
enumerated in a list at the end of the record.
(3) If one party objects to the inclusion of a document on the

ground that it is unnecessary or irrelevant and the other party nevertheless insists on its being included, the document shall be included,
and the record shall, with a view to the subsequent adjustment of costs
of and incidental to the inclusion of such document, indicate in the
index of papers or otherwise the fact that, and the party by whom, the
inclusion of the document was objected to.
(4) If no written decision is given by the Judge at the time of
giving judgment such Judge shall communicate his reasons for the
judgment in writing to the Registrar and such reasons shall be included
in the record.
(5) Three copies of the record for the use of the Judges of the
Full Court shall be left by the appellant with the Registrar within
fourteen days of the settlement of the record, or within such further
time as the Registrar may direct.
Evidence on
appeal on
questions of
fact.
13. When any question of fact is involved in an appeal, the evidence

taken in the court below bearing on that question shall, subject to any
special order, be brought before the Full Court-
(a) as to any evidence by aiffdavit, by the production of office

copies of the affidavits; and
(b) as to any evidence given orally, by the production of copies
of the Judge's notes, or such other materials as the Full Court
may deem expedient.
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LAWS OF GUYANA
Rules
14. (1) The Full Court shall have all the powers and duties as to
amendment and otherwise of the Colirt, together with full discretionary power to receive further evidence upon questions of fact, such
evidence to be either by oral examination, or by a ffidavit, or by
deposition taken before an examiner or commissioner.
,
,1
[Subsidiary]
O. 46
the High Court
Powers of
amend
Full
Couacrtint
to
further eviclence
or d of
aw
inferences
fact.
(2) Such further evidence may be given without special leave

upon interlocutory applications, or in any case as to matters which
have occurred after the date of the decision from which the appeal is
brought.
(3) Upon appeal from a judgment after hearing of any cause

or matter upon the merits, such further evidence (save as to matters
subsequent as aforesaid) shall be admitted on special gr6und only,
and not without special leave of the Full Court.
(4) The Full Court shall have power to draw inferences of fact
and to give any judgment and make any order, which ought to have
been given and made, and to make such further or other order as the
case may require.
(5) The powers aforesaid may , be exercised by the Full Court,
notwithstanding that the notice of appeal may be that part only of the
decision may be reversed or varied, and may be exercised in favour of
all or any of the respondents or parties, although those respondents
or parties may not have appealed from, nor complained of, the
decision.
(6) The Full Court shall have power to make such order as to
the whole or any part of the costs of the appeal as may be just.
15. If on the hearing of an appeal it appears to the Full Court that Power to order
a new trial ought to be had, the Full Court may, if it thinks fit, order new trial.
that the judgment shall be set aside and that a new trial shall be had. ,
Court
within four days from the refusal or within such Cation.
IarteaPP"enlarged time as a Judge or the Full Court may allow.
_
\
17. No interlocutory order or rule from which there has been no Interlocutory
not to
appeal shall operate to bar or prejudice the Full Court ffprn giving ordpr
prejudice
such decisions upon the appeal as may be just.
appeal.
18. An appeal shall not operate as a stay of execution or of pro- Stay of pro-
on
appe
under the decision appealed from, except so far as the Court ceediTs
or Judge from which or whom the appeal is brought or the Full
Court may order, and no intermediate act or proceeding shall be
ceedings
L.R.O. 111973
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LAWS OF GUYANA
188
[Subsidiary]
0.46
Cap. 3:02
High Court
invalidated except so far as the Court or Judge from which or whom

the appeal is brought may direct.
$
Order for
joinder of
parties to carry
on appeal.
19. Where by reason of the marriage, death, insolvency, or any

other event occurring after the date of the making of the order or
judgment appealed against and causing a change or transmission of
interest or liability, or by reason of any person interested coming into
existence after such date, it becomes necessary or desirable that any
person not already a party should be made a party, or that any person
already a party should be made a party in another capacity, an order
that the appeal shall be carried on between the continuing parties and
such new party or parties may be obtained ex parte on application
to a Judge or to the Full Court, upon an allegation of such change or
transmission of interest or liability, or of such person interested
having come into existence.
Application to
Court below
or Full Court.
20. Whenever by these Rules an application may be made either

to the Court or a Judge or to the Full Court, it shall be made in the
ifrst instance to the Court or a Judge.
A ppl lea tion by

motion.
21 Every application to the Full Court shall be by motion, and

Order 40 shall apply thereto.
3. Appeals from Magistrates' Courts

Deifnit ion.
c. 3 :04
22. In this part of this Order, "the Act" means the Summary
J urisd iction (A ppeals) Act.
Sittings of
Court.
23. Subject to the provisions of the High Court Act, the Full Court
shall sit at such times as the Chief Justice shall appoint to hear appeals
and applications under the Act.
Application
under section
14 of the Act.
24. An application for special leave to appeal under section 14 of

the Act shall be by way of motion to the Full Court, supported by
afifdavit stating the circumstances in which the application is made.
A copy of the notice of motion shall be served upon the opposite
party or parties. Any party so served shall be at liberty to file an
afifdavit in reply, and shall serve a copy thereof on the applicant.
Application
under section
36 or 37 of the
Act.
25. An application under section 36 or section 37 of the Act shall

be by way of motion to the Full Court supported by afifdavit of the
facts upon which the application is ba.sed.
Copies of the
record.
26. Notwithstanding anything to the contrary contained in

section 13(2) of the Act, the number of additional copies of the record
LAWS OF GUYANA
189
Cap. 3:02
High Court
[Sulbsidlary]
to be prepared by the appellant and lodged with the Registrar shall be

three, and not two.
-,
27. (1) The Registrar shall, subject to the approval of the Chief
Justice, appoint a day for the hearing of an appeal and shall serve on or
transmit to the parties not less than seven days' notice thereof.
(2) Every such notice shall be served on or transmitted to the
-
Notice of
hearing
I
I
1
parties personally in such manner as the Registrar thinks fit, but

subject to section 38 of the Act :
Provided that(a) if the notice of appeal or notice of grounds of appeal is

signed by counsel or solicitor on behalf of the appellant, the
notice of hearing may be served on T- transmitted to such counsel
or solicitor ; and
(b) if the Registrar has notice that the opposite party is
represented by counsel or solicitor for the purposes of the'appeal,
he may serve on or transmit to such counsel or solicitor the
notice of hearing.
28. When the opposite party to an appeal against conviction in a Alternative

criminal cause or matter is a member of the Police Force and the meansf
service on
appellant is required, under the Act, to serve upon him any copy, member of
notice or other document, such service shall be deemed to be duly Police Force.
effected if the copy, notice or other document be served upon or
transmitted by registered post to the Superintendent of Police or other
II
I
police officer or sub-ofifcer in charge of the Magisterial District in

which the conviction was had.
t
,
4. New Trial
29. Except as hereinafter provided, every application for a new

trial or to set aside a ifnding or judgment where there has been a trial
shall be made to the Full Court or the Court of Appeal, as the case
may be.
Application
fornew trial
30. Every such application shall be brought before the Full Court
or the Court of Appeal in like manner as an appeal, and on the hearing
of such application the Full Court or the Court of Appeal, as the
case may be, shall have all such powers as are exercisable by it upon
the hearing of an appeal.
Manner of
application.
31. Every such application shall be made by notice of motion.
Mode of
application.
The notice of motion shall state whether the whole or part only, and
if part only what part, of the ifnding or judgment is complained of. It
shall not be necessary in the notice of motion to ask speciifcally for a
new trial or to state the grounds of the application.
tobeniae
FullCourtor
Court of
Appeal.
i
i
1
L.R.O. 111973
LAWS OF GUYANA
190
Cap. 3:02
High Court
r.
[Subsidiary]
0.47
0
Improper
admission of
evidence.
New trial may

be ordered on
any one
question.
Rules.
32. A new trial shall not be granted on the ground of the improper
admission or rejection of evidence, unless in the opinion of the Full
Court or the Court of Appeal, as the case may be, some substantial
wrong or Miscarriage has been thereby occasioned ; and if it appear to
the Full Court or the Court of Appeal that such wrong or miscarriage
affects part only of the matter in'controversy, or some or one only of
the parties, the Full Court or the Court of Appeal may give ifnal
judgment as to part thereof, or as to some or one of the parties, and
direct a new trial as to the other part only or as to the other party or
parties.
33. A new trial may be ordered on any question without interfering
the ifnding or decision upon any question.
wi th
34. Save as hereinbefore provided the Rules for the time being of
the Full Court or of the Court of Appeal, respectively, shall apply to
applications for a new trial.
5. General
Copy of
afifdavi to be
erved .
35. Where any motion under this Order is founded on evidence by

afifdavit, a copy of the affidavit intended to be used shall be served
with the notice of motion.
Time of notice
of motion.
36. Where a day for hearing a motion under these rules is named
in the notice of motion, there must be at least four clear days between
the service of the notice and that day, unless for any particular motion
a longer time is by these rules prescribed, or a Judge or the Court or
the Full Court gives special leave to the contrary.
Forms.
37. The Forms in Appendix Q to these Rules, with such modiifcations as circumstances or the nature of the case may require, shall
be used in proceedings under this Order :
Provided that in proceedings under the Summary Jurisdiction
(Appeals) Act, the forms therein prescribed shall be used when
applicable.
\ i
,
38. Order 41 shall not apply to proceedings under this Order.
Exception.
)
ORDER 47
SITTINGS OF THE COURT
1. Sittings of the Court in its civil jurisdiction shall be held in

Georgetown on every day as occasion may arise, except during such
Sittings of the
Court.
LAWS OF GUYANA
High Court
Cap. 3:02
191
[Subsidiary]
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periods as may be appointed as a vacation or on such days as may be

observed as holidays.
2. Sittings of the Court in its civil jurisdiction shall be held in New sittings at
Amsterdam at such times as may be necessary for the disposal of

business. Notice of any such sitting shall be published in the
at least ten days prior to the date ifxed for any such sitting.
New Amsterdam.
3. Sittings of Bail Court shall be held throughout the year on

Mondays or on such other day or days as may be directed: provided
that during any period appointed as a vacation or a Court holiday
only applications under Order 12 or other proceedings permitted to
be taken during vacation, shall be heard.
Sittings of
Bail Court.
4. (1) Motions or other applications to be made in Court, proceedings under the Insolvency Act, and judgment summonses will be
heard in Bail Court.
Applications
nudgnent
C urt and
summonses.
c. 12:21
(2) During any period appointed as a vacation a Judge may hear

urgent applications by appointment.
5. (1) A Judge shall sit in chambers on such days as may be
directed except during any period appointed as a vacation and except
on such days as may be observed as holidays.
Chambers.
(2) Urgent applications in chambers may be heard at any other

time by appointment.
6. Election petitions of any kind may be heard during any period Election
petitions.
appointed as a vacation.
ORDER 48
TIME
l. Where by these Rules, or by any judgment or order, any limited Computation
time from or after any date or event is appointed or allowed for doing
any act, or taking any proceeding, and such time is not limited by
hours, the following rules shall apply
of time.
[R. 1/1970]
(1) when the word r-nontfi" occurs in any document which

is part of any legal procedure under these Rules, such time shall
be computed by calendar months, unless otherwise expressed ;
(2) the time limited does not include the day of the date of the
happening of the event, but commences at the beginning of. the
day next following that day;
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I
L.R.0.111973
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LAWS OF GUYANA
192
[Subsidiary]
O. 48
Time expiring
on Sunday ot
close day.
Pleadings in
vacations.
Time for
giving security
for costs not
to be reckoned.
Power of
Court to
enlarge or
abridge time.
Cap. 3:02
High Court
(3) the act or proceeding must be done or taken at latest on the

last day of the limited time, and where the intervention of the
Registrar is necessary, within the hours during which his ofifces
are open ;
(4) where any limited time less than six days from or after any
event is appointed or allowed for doing any act or taking any
proceeding, Holy Saturday, Tuesday in Easter week, WhitMonday and Whit-Tuesday, or 'any public holiday shall not be
reckoned in the computation of such limited time;
(5) where the time expires on one of the days mentioned in the
preceding paragraph, the act or proceeding shall be deemed as
done or taken in due time, if it is done or taken on the next day
afterwards which is not one of those days.
;
2. Writs of summons may be filed and any pleading, ifled and
amended during any vacation of the Court.
3. The day on which an order for security is served, and the time
thenceforward until and including the day on which such security is
given, shall not be reckoned in the computation of time allowed to
plead, answer interrogatories, or take any other proceeding in the
cause or matter.
4. The Court or a Judge shall have power to enlarge or abridge the

time appointed by these Rules, or fixed by any order enlarging time,
for doing any act or taking any proceeding, upon such terms (if any)
as the justice Of the case may require, and any such enlargement may
be ordered although the application for the same is not made until
after the expiration of the time appointed or allowed:
Provided that when the time for delivering any pleading or document or filing any afifdavit, or doing any act is or has been fixed or
limited by any of these Rules or by any direction or directions or by
any order of the Court or a Judge the costs of any application to
extend such time and of any ,order made thereon shall be borne by
the party making such application unless the Court or a Judge shall
otherwise order.
Time of day
for service.
5. The time for delivering, amending, or ifling any pleading,

answer or other document may be enlarged by consent of the parties
in writing, ifled in the Registry without application to the Court or a
Judge, but no agreement except in writing shall be of any force or
,
validity.
Enlargement
by consent.
6. Delivery or service of pleadings, notices, summonses, orders,

rules, and other proceedings and written communications effected
after the hour of four in the afternoon or on Saturdays after the hour
I
A
LAWS OF GUYANA
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I
i
High Court
Cap. 3:02
Rules of thelligh Court
\
(
193
[Subsidiary]
0.49
of one in the afternoon shall, for the purpose of computing any period
of time subsequent to such delivery or service, be deemed to have been
effected on the following day, or in the case of Saturdays, on the
following Monday.
ORDER 49
COSTS
T
E
T
1. General
RULE
1.
to be in the discretion of the Court.

Personal liability of solicitor to pay costs.
1/3. Security for costs. V
V4. Security for costs by plaintiff temporarily within the jurisdiction.
5. Action founded on judgment or bill of exchange.
,/4176. Bond as securityfor costs.
7. Scales on which costs allowed.
8. Costs may be disallowed to or ordered to be paid by solicitor on
account of delay or misconduct.
9. Costs of solicitor guardian ad litem.
10. Set-off.
11. Costs out of estate.
12. Costs as regards particular shares.
13. Distribution not to be delayed by dififculties as to some shares.
14. Costs in probate action.
15. Costs on an award.
16. Notice ef taxing costs and copy of bill.
17. Where such notice unnecessary.
18. Form' of bill of costs.
19. Solicitor to render accounts to clients.
20. Fractional or gross sum for costs.
Costs
i
i
2. Special Allowances and General Regulations

21. Application of special allowances, etc.
22. Allowances for pleadings, etc., in discretion of Registrar.
23. Drawing pleadings.
24. Instructions to sue or defend, etc.
25. Swearing afifdavits.
26. Drawing afifdavits and attending deponent.
27. Delivery of pleadings, etc.
28. Perusals.
29. Separate answers.
30. Evidence.
L.R.O. 111973
LAWS OF GUYANA
194
Cap. 3:02
High Court
[Subsidiary]
O. 49
RU LE
31. Agency correspondence.

32. Attendance on Registrar.
33. Special allowance for attendance at chambers in cases of difficulty,
etc.
34. Non-attendance or neglect of parties on proceedings in chambers.
35. Folio.
36. Fees to Counsel for settling pleadings, affidavits, etc., and advising
thereon.
37. Counsel at chambers.
38. Inspection of documents.
39. Power to make interim certiifcates or allocaturs.
40. Copies of documents.
41. Amount to be tendered for respondent's costs on service of petition.
42. Disallowance of costs of improper, vexatious or unnecessary matter
in documents or pleadings.
43. Set-off of costs.
44. Unnecessary appearance in Court or at chambers.
45. Costs of applications to extend time.
46. Powers of Registrar.
47. Direction to tax costs charged in an account.
48. Attendance of parties on taxation.
49. Refusal or neglect to procure taxation.
50. Costs to be allowed on taxation.
51. Disbursements in bills brought in for taxation under the Legal
Practitioners' Act, cap. 4:01.
52. Fees not herein provided for.
53. Costs of amendment of plaintiff's pleadings.
54. Plaintiff refused costs of his amendment.
55. Taxation where action dismissed with costs.
56. Taxation of costs where parties differ.
57. Where total of costs taxed to be stated.
58. Fees of accountants, etc.
59. Considerations by which the Registrar's discretion must be influenced.
60. Power to Registrar to assess costs at a gross sum in case of delay
or improper conduct of litigation.
61. Disallowances where bill reduced by one-sixth.
62. Costs in proceedings in Sub-Registry.
63. Retaining fee to counsel.
64. Fee for conferences.
65. Only one counsel in certain cases.
66. Two counsel.
67. Refresher fees.
68. Premature delivery of briefs.
69. Defendant's costs where trial comes on but cannot be tried.
70. Vouchers for counsel's fee.
71. Application of rules.
72. Delay before Registrar.
i
LAWS OF GUYANA
,High Court
Cap.
3:02
195
[Subsidiary]
O. 49
RULE
73. Delivery of bill to client, where costs to be paid out of a fund or

property.
74. Power of Registrar to limit or extend time.
75. Indorsement on bill of costs.
76. Objections to taxation.
77. Review of taxation by Registrar.
78. Review of Registrar's Certiifcate by Judge.
79. Evidence on Review.
80. Registrar : deifnition.
ORDER 49
T
1
COSTS
1. General
1. Subject to the High Court Act and these Rules, the costs of and Costs to be
incidental to all proceedings in the Court, including the administration cren
of the
in tedisof estates and trusts, shall be in the discretion of the Court or Judge: Court.
Provided that nothing herein contained shall deprive an executor,

administrator, trustee, or mortgagee who has not unreasonably instituted or carried on or resisted any proceedings, of any right to
costs out of a particular estate or fund to which he would be entitled
according to the rules acted upon in the Chancery Division of the
High Court in England and in force immediately before 23rd February,
1970.
2. Where upon the trial of any cause or matter it appears that the
same cannot conveniently proceed by reason of the solicitor for any
partyhving
a
ne lected to attend personally, or by some proper person
on his be alf, or having omitted to deliver any p _aper necessary roi
. the
use of the Court or Judge,and
-- which according to the practice ought
to have been delivered, such solicitor shall personally pay to all or any
of the parties such costs as the Court or Judge shall think ift to award.
[R. I/19701
Personal
f
to
pay costs.
1
\
3. In any cause or matter in which security for costs is required, the Security for
security shall be of such amount, and be given at such times, and in costs.
such manner and form, as the Court or a Judge shall direct.
Security for
4. A plaintiff ordinarily resident out of the jurisdiction may be costs by plain-
ordered to give security for costs, though he may be temporarily tiff temporarily
within the
resident within the jurisdiction.
jurisdiction.
i
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Action
founded on
judgment
or bill of
exchange
5. In actions brought by persons resident out of the jurisdiction,

when the plaintiff's claim is founded on a judgment or order or on a
bill of exchange or other negotiable instrument, the power to require
the plaintiff to give security for costs shall be in the discretion of the
Court or Judge.
Bond as
security for
costs.
6. Where a bond is to be given as security for costs, it shall, unless

the Court or a Judge shall otherwise direct, be given to the party or
person requiring the security, and not to an officer of the Court.
Scales on
which costs
allowed.
7. (1) Except as hereinafter provided, in causes and matters

commenced after these Rules come into operation solicitors shall be
entitled to charge and be allowed, unless a Judge shall in any
case otherwise direct
1(
(a) the fees set forth in Scale I of Appendix R to these Rules,

in all causes and matters except those under paragraphs (b) and
(c) of this rule ;
(b) the fees set forth in Scale II of the said Appendix in all
causes and matters where the sum of money claimed or the value
of the land or thing in dispute, in the opinion of the Judge, does
not exceed ifve hundred dollars ; save as provided in paragraph (c)
hereof:
(c) the commuted sums set forth in Scale III of the said
Appendix, in all causes and matters where judgment is obtained
under Order 12 or in default of appearance or pleading or by
confession before trial where the claim is for a debt or liquidated
demand ; ,
and no higher fees shall be allowed in any case, except such as are by
this Order otherwise provided for ; and in causes and matters commenced before the coming into operation of these Rules to which the
scale of costs previously in force is applicable, the same scale shall
continue to be applied.
(2) Where there is a claim for money exceeding ifve hundred
dollars or a claim in respect of land or a thing in dispute alleged in the
claim to be of a greater value than ifve hundred dollars, then if judgment is given for the plaintiff for a sum not exceeding ifve hundred
dollars or in respect of land or a thing in dispute the value of which,
in the opinion of the Judge, is less than five hundred dollars, the
successful claimant's costs shall be as in Scale II of the said Appendix,
unless the Judge otherwise orders.
(3) Where the value of the land or thing in dispute is alleged not
to exceed ifve hundred dollars, then, if judgment is given for the
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defendant and the Judge is of opinion that the value exceeds ifve
hundred dollars, the Judge may orde costs under Scale I in the said
Appendix.
any case it shall appear to the Court or a Judge that costs
have been improperly or without any reasonable cause incurred, or
that by reason of any undue delay in proceeding under any judgment
.
- ault of the s licitor, any costs
or order, or of an
properly incurred have nevertheless proved fruitless to the person
incurring the same, the Court or Judge may call on the solicitor of the
person by whom such costs have been so incurred to show cause why
such costs should not be disallowed as between the solicitor and his
client, and also, if the circumstances of the case shall require, why the
solicitor should not repay to his client any costs which the client may
have been ordered Co pay to any other person, and thereupon may
make such order as the justice of the case may require.
8.
(1) If in
Costs may be
disaIed
t ou
urnrredt
be paid by
solicitor on
account of
delay or misconduct.
(2) The Court or Judge may, if it or he think ift, refer the matter
to the Registrar for inquiry and report ; and direct the solicitor in the
ifrst place to show cause before the Registrar. Such notice (if any) of
the proceedings or order shall be given to the client in such manner
as the Court or Judge may direct.
9. Where the Court or a Judge appoints a solicitor to be guardian
Costs of
oli cloarn
ad litem of an infant or person of unsound mind, the Court. or Judge sgua
may direct that the costs to be incurred in the performance of the duties ad litem.
of such ofifce shall be borne and paid either by the parties to the cause
or matter in which such appointment is made, or out of any fund in
Court in which such infant or person of unsound mind may be
interested, and may give such directions for the repayment or allowance of such costs as the justice and circumstances of the case may
require.
10. A set-off for damages or costs between parties may be allowed
notwithstanding the solicitor's lien for costs in the particular cause or
matter in which the set-off is sought.
Set-off.
11. The costs occasioned by any unsuccessful claim or unsuccessful costs out of
resistance to any claim to any property shall not be paid out of the estate.
estate unless the Judge shall otherwise direct.
66
The costs of inquiries to ascertain the person entitled to any Costs as

s
ti
legacy, money, or share, or otherwise incurred in relation thereto, rreeggaard
ar
shall be paid out of such legacy, money, or share, unless the Judge SIl
Pa ar
shall otherwise direct.
12.
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Distribution
not to be
delayed by
dififculties as
to some shares.
Costs in
probate action.
13. Where some of the persons entitled to a distributive share of a

fund are ascertained, and dififculty or delay has occurred or is likely
to occur in ascertaining the persons entitled to the other shares the
Court or a Judge may order or allow immediate payment of their
shares to the persons ascertained without reserving any part of those
shares to answer the subsequent costs of ascertaining the persons
entitled to the other shares ; and in all such cases such order may be
made for ascertaining, and payment of, the costs incurred down to
and including such payment as the Court or Judge shall think
reasonable.
14. In any probate action in which it is ordered that any costs shall
15. Costs may be taxed on an award notwithstanding the time for

setting aside the award has not elapsed.
Notice of
taxing costs
and copy of
bill.
16. One day's notice of taxing costs, together with a copy of the bill
of costs and affidavit of increase (if any), shall be given by the solicitor
of the party whose costs are to be taxed to the other party or his
solicitor, in all cases where a notice to tax is necessary.
Where such
notice unnecessary.
17. Notice of taxing costs shall not be necessary in any case where
Solicitor to
render
accounts to
clients.
be paid out of the estate, the Judge making such order may direct
out of what portion or portions of the estate such costs shall be paid,
and such costs shall be paid accordingly.
Costs on an
award.
Form of bill of
costs.
the defendant has not appeared in person, or by his solicitor or

guardian.
18. In every bill of costs the professional charges shall be entered
in a separate column from the disbursements, and every column shall

be cast before the bill is left for taxation.
19. (1) Where the amount of a party and party bill of costs is paid
by or recovered from the opposite party and is received by a solicitor
he shall render to the client an account debiting the client with the
amount of the bill and any additional amount due to the solicitor on a
solicitor and client bill, if any, and crediting the client with any
amounts
1
\
k
(a) received from the opposite party on the party and party
bill ; and
(b) received on behalf of the client in connection with the suit ;
and
(,
(c) received from the client to cover prospective costs, fees,

charges or disbursements (including fees paid to counsel).
LAWS OF GUYANA
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Such an account shall show whether there is a balance in favour of the

client or the solicitor and shall be rendered within fourteen days of the
receipt of the amount of the costs from the opposite party.
(2) Where the amount of a party and party bill of costs has not
been received by a solicitor or where his client is not entitled to party
and party costs in a suit, the solicitor in the suit shall render to the
client an account debiting the client with the amount due to him on a
solicitor and client bill and crediting the client with any amounts
(a) received by him on behalf of the client in connection with
the suit ; and
(b) received from the client to cover prospective costs, fees,
charges or disbursements (including fees paid to counsel).
Such an account shall show whether there is a balance in favour of
the client or the solicitor and shall be delivered within fourteen days
after a demand in writing by his client for an account.
20. In any case where the Court or aJudge shall think ift to award Fractional or
grosssum for
costs to any party, the Court or a Judge may by the Order direct osts.
taxation of the costs of such party and payment of a proportion
thereof or direct payment _o_ta.$4m in lieu of taxed costs an d direct by
whom and to whom such proportion_or sum shall be pais . '
"?Y
)7`.
2. Special Allowances and General Regulations
21. The special allowances and general regulations contained in Application of

this Part of this Order shall apply to all proceedings and all taxations s?riai
aiowa nces ,
etc.
in the Court.
22. As to writs of summons requiring special indorsement, and as Allowances for

pld i n g si e t c .,
to special cases, pleadings, and afifdavits in answer to interrogatories, iosoreton
and other special affidavits, and admissions under Order 28 dile 4, the of Registrar.
Registrar may, in lieu of the allowances for instructions and preparing
or drawing and attendances, make such allowance for work, labour,
and expenses in or about the preparation of such documents as in his
discretion he may think proper.
23. As to drawing any pleading or other document, the fees allowed Drawing
shall include any copy made for the use of the solicitoragent, or pleadings.
client, or for counsel to settle.
T
24. As to instructions to sue or clefend,, or the preparation of briefs, Instructions to

if the Registrar shall on special grounds consider the fee provided sue or defend,
inadequate, he may make such further allowance as he shall in his etc.
discretion consider reasonable.
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Swearing
afifdavits.
25. As to afifdavits, when there are several deponents to be sworn,

or it is necessary for the purpose of an affidavit being sworn to go to
a distance, or to employ an agent, such reasonable allowance may be
made as the Registrar in his discretion may think ift.
Drawing
afifdavits and
attending
deponent.
26. The allowances for instructions and drawing an affidavit in

answer to interrogatories and other special afifdavits, and attending
the deponent to be sworn, include all attendances on the deponent
to settle and read over.
Delivery of
pleadings, etc.
27. As to delivery of pleadings, services, and notices, the fees are

not to be allowed when the same solicitor is for both parties, unless it
be necessary for the purpose of making an afifdavit of service.
Perusals.
28. As to perusals the fees are not to apply where the same solicitor
is for both parties.
Separate
answers.
29. Where the same solicitor is employed for two or more defendants and separate pleadings are delivered or other proceedings had
by or for two or more such defendants separately, the Registrar shall
consider in the taxation of such solicitor's bill of costs, either between
party and party or between solicitor and client, whether such separate
pleadings or other proceedings were necessary or proper, and if he is
of opinion that any part of the costs occasioned thereby has been
. unnecessarily or improperly incurred, the same shall be disallowed.
Evidence.
30. As to evidence, such just and reasonable charges and expenses

as appear to have been properly incurred in procuring evidence and
the attendance of witnesses, are to be allowed.
Agency
correspon-
31. As to agency correspondence, in agency causes and matters, if

it be shown to the satisfaction of the Registrar that such correspondence has been special and extensive, he is to be at liberty to make such
special allowance in respect thereof as in his discretion he may think
proper.
Attendance on
Registrar.
32. As to the attendance of solicitors upon the Registrar for the

purpose of settling the terms of and passing judgments or orders,
the Registrar may make such special allowances in respect thereof as
he shall consider reasonable.
Special
allowance for
attendance at
chambers in
cases of
dififculty, etc.
33. As to attendances at the Judge's chambers, where, from the

length of the attendance, or from the dififculty of the case, the Judge
shall think thhighest of the fees an insufifcient remuneration for the
services perfo ned, or where the preparation of the case or matter to
dence.
High Court
LAWS OF GUYANA
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lay it before the Judge in chambers, or on a summons, shall have

required skill and labour for which no fee has been allowed, the Judge
may allow such fee, in lieu of the fee of ten dollars provided, not
exceeding iffteen dollars, or in proceedings to wind up a company
twenty-ifve dollars as in his discretion he may think fit; and where the
preparation of the case or matter to lay it before a Judge at chambers In chambers.
on a summons shall have required and received from the solicitor such
extraordinary skill and labour as materially to conduce to the satisfactory and speedy disposal of the business, and therefore shall appear
to the Judge to deserve higher remuneration than the ordinary fees,
the Judge may, at any time before taxation, allow to the solicitor,
by a memorandum in writing, expressly made for that purpose and
signed by the Judge, specifying distinctly the grounds of such allowance, such fee, not exceeding one hundred dollars, as in his discretion
he may think ift, instead of the fees respectively set out in the Scales
hereinbefore mentioned.
'
1
34. As to attendances at the Judge's chambers, where by reason of

the non-attendance of any party (unless it be considered expedient
to proceed ex parte), or where by reason of the neglect of any party in
not being prepared with any proper evidence, account or other
proceeding, the attendance is adjourned without any useful progress
being made, the Judge may order such an amount of costs (if any) as
he shall think reasonable to be paid to the party attending by the party
so absent or neglectful, or by his solicitor personally ; and the party
so absent or neglectful is not to be allowed any fee as against any other
party, or any estate or fund in which any other party is interested.
Nonattendance or
negiector
parties on
proceedings in
chambers.
i
35. A folio is to comprise one hundred and twenty words, every Folio.
ifgure comprised in a column, or authorised to be used, being counted
as one word.
36. Such costs of procuring the advice of counsel on the pleadings, Fees to
Coln s el for
evidence, and proceedings in any cause or matter as the Registrar setting
shall in his discretion think just and reasonable, and of procuring pleadings,
counsel to settle such pleadings and special affidavits as the Registrar affiliav its,etc.,
shall in his discretion think proper to be settled by counsel, are to be atc
tIIreon.
advisi ng
allowed ; but as to affidavits a separate fee is not to be allowed fqr each
afifdavit, but one fee for all the affidavits proper to be so settled, which
are or ought to be ifled at the same time.
t
1
37. As to counsel attending at Judge's chambers no costs thereof counsei at

shall in any case be allowed, unless the Judge certifies it to be a proper chambers.
case for counsel to attend.
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Inspection of
documents.
38. The cost of inspection of documents shall be in the discretion

of the Registrar, but no allowance is to be made for any inspection
unless it is shown to the satisfaction of the Registrar that there were
good and sufficient reasons for making such inspection.
0. 49
_ _
Power to make
interim
certiifcates or
allocaturs.
39. The Registrar shall have power and authority to make one or
more interim certificates, allocatur or allocaturs, in any taxation for
any portion or portions of the taxed costs directed to be taxed without
waiting until a certificate for the full amount can be made.
Copies of
documents.
40. As to taking copies of documents in possession of another

party or extracts therefrom, under Rules of Court or any special
order, the party entitled to take the copy or extract is to pay the
solicitor of the party producing the document for such copy or extract
as he may by writing require at the rate per folio prescribed in the
Scales herein before mentioned and if the solicitor of the party
producing the document refuses or neglects to supply the same, the
solicitor requiring the copy or extract is to be at liberty to make it, and
the solicitor for the party producing is not to be entitled to any fee
in respect thereof.
Amount to be
tendered for
respondent's
costs on
service of
petition.
41. Where any petition in a cause or matter is served and notice is

given to the party served that in case of his appearance in Court his
costs will be objected to, and accompanied by a tender of costs for
perusing the same, the amo-uunt to be tendered shall be ten dollars.
The party making such payment shall be allowed the same in his costs,
provided such service was proper, but not otherwise ; but this rule is
without prejudice to the rights of either party to costs, or to object to
costs where no such tender is made, or where the Court or Judge shall
consider the party entitled, notwithstanding such notice or tender, to
appear in Court. In any other case in which a solicitor of a party served
necessarily or properly peruses any such petition, without appearing
thereon, he is to be allowed a fee not exceeding the amount aforesaid.
Disallowance
of costs of
improper,
vexatious or
unnecessary
matter in
documents or
pleadings.
42. The Court or Judge may, at the hearing of any cause or matter,
or upon any application or proceeding in any cause or matter in Court
or at chambers, and whether the same is objected to or not, direct the
costs of any indorsement on a writ of summons, pleading, summons,
afifdavit, evidence, notice requiring a statement of claim, notice to
produce, admit, or cross-examine witnesses, account, statement,
procuring discovery by interrogatories or order, applications for time,
bills of costs, service of notice of motion or summons, or other proceedings, or any part thereof which is improper, vexatious, ,unnecessary
or contains vexatious or unnecessary length, or caused by misconduct
or negligence, to be disallowed, and may direct the Registrar to look
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into the same and disallow the costs thereof, or such part thereof as
he shall find to be improper, unnecessary, vexatious, or to contain
unnecessary matter, or to be of unnecessary length, or caused by misconduct or negligence; and in such case the party whose costs are so
disallowed shall pay the costs occasioned thereby to the other parties;
and in any case where such question shall not have been raised before
and dealt with by the Court or Judge, it shall be the duty' of the
Registrar to look into the same (and, as to evidence, although the
same may be entered as read in any decree or order) for the purpose
aforesaid, and thereupon the same consequences shall ensue as if he
had been specially directed to do so.
43. In any case in which, under the last preceding rule, or any other Set-off of
rule of court, or by the order or direction of a Court or Judge, or costs.
otherwise, a party entitled to receive costs is liable to pay costs to any
other party, the Registrar may tax the costs such party is so liable to
pay, and may adjust the same by way of deduction or set-off, or may,
if he shall think fit, delay the allowance of the costs such party is
entitled to receive until he has paid or tendered the costs he is liable
to pay; or the Registrar may allow or certify the costs to be paid, and
direct payment thereof, and the same may be recovered by the party
entitled thereto in the same manner as costs ordered to be paid may
be recovered.
44. Where any party appears upon any application or proceeding Unnecessary
ourt raora
n cet i n
in Court or at chambers, in which he is not interested, or upon which, ppea
according to the practice of the Court, he ought not to attend, he is chambers.
not to be allowed any costs of such appearance unless the Court or
Judge shall expressly direct such costs to be allowed.
.
45. Subject to Order 48 rule 4, the costs of applications to extend Costs of
to
the time for taking any proceedings shall be in the discretion of the applications
extend time.
Registrar, unless the Court or Judge shall have specially directed how
the costs are to be paid or borne. The Registrar shall not allo vv the
costs of more than one extension of time, unless he is satisfied that such
extension was necessary, and could not, with due diligence, have been
avoided. The costs of a summons to extend time shall not be allowed
in cases to which Order 48 rule 5 applies 'unless the party takiiig out
such summons has previously applied to the opposite party to consent,
and he has not given a consent, to a sufficient extension of time, or the
Registrar shall consider there was a good reason for not making such
application; and in case the Registrar shall not allow the costs of such
summons, and shall consider that the party applying ought to pay the
costs of any other party occasioned thereby, he may direct such
_
L.R O. II1973
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[Subsidiary]
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Rules
the High Court
or deal with such costs, i n the manner provided by rule 43

of this Order.
p
paa ym
y m eenntt ,
Powers of
Registrar.
Direction to
si sin an
taxc
cha rg ed
account.
46. The Registrar shall, for the purpose of any proceeding before
him, have power and authority to administer oaths, and shall, in
relation to the taxation of costs, perform all such duties as have
, heretofore been, or are by these Rules or by any Act directed to be
performed by the Registrar, and shall have power to examine witnesses,
direct production of books, papers and documents, make separate
certiifcates or allocaturs, and require any party to be represented by a
separate solicitor.
47. Where an account consists in part of any bill of costs, the Court
or Judge may direct the Registrar to assist in settling such costs, not
being the ordinary costs of passing the account of a receiver, and the
Registrar, on receiving such directions, shall proceed to tax such costs,
and shall have the same powers, and the same fees shall be payable in
respect thereof, as if the same had been referred to the Registrar by an
order ; and he shall return the same, with his opinion thereon, to the
Court or Judge by whose direction the same were taxed.
Attendance of
parties on
taxation.
48. The Registrar shall have authority to arrange and direct what
parties are to appear before him 011 the taxation of costs to be borne
by a fund or estate, and to disallow the costs of any party whose
attendance he shall in his discretion consider unnecessary.
Refusal or
neglect to
procure
taxation.
49. When any party entitled to costs refuses or neglects to bring in

his costs for taxation, or to procure the same to be taxed, and thereby
prejudices any other party, the Registrar shall be at liberty to certify
the costs of the other parties, and certify such refusal or neglect, or
may allow such party refusing or neglecting a nominal or other sum
for such costs, so as to prevent any other party from being prejudiced
by such refusal or neglect.
50. On every taxation the Registrar shall allow all such costs,
charges and 'expenses, as shall appear to him to have been necessary
or proper for the attainment ofjustice or for defending the rights of any
paV,
it-a
savas -against the party wh6 iliaiiifed the same no costs
shall be allowed which appear to the Registrar to have been incurred
or increased through over-caution, negligence or mistake or by
payniei
ir61spe-6TO fEes to counsel or sp ecial chargerra penses to
witnesses or otherp--rsoffS or by other unusual err
oeifies:
Disburseinents
51. (1) ln taxations under and pursuant to the Legal Practitioners
in bills
Act
of a solicitor's fees, charges and disbursements, no such disbrought in for
Costs to be
allowed on
taxation.
LAWS OF GUYANA
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Cap. 3:02
bursements shall be allowed which have not been actually made before
the delivery of the bill of costs, unless the bill shall expressly state that
they have not then been made, and shall set out such unpaid items of
disbursements under a separate heading of the bill, in which case they
may be allowed by the Registrar if they are actually made before the
commencement of the proceedings in which the taxation takes place,
and are made in discharge of an antecedent liability of the solicitor
(including counsel's fees) properly incurred on behalf of the' client.
For purposes of computation of one-sixth thereof, such bill shall be
deemed to include such unpaid items as part of the bill.
205
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taxation under
rrae ct
L iton
iai ers'
Act,
c. 4:01
(2) If the proceedings for taxation shall have been commenced

by the client or a third party, payments made by the solicitor pending
such proceedings in discharge of any such antecedent liability so set
out in the bill (including counsel's fees) may be allowed by the Registrar
if actually made before the commencement of the taxation, if it
appears to him that such payments have been properly made and that
no injustice is done thereby.
52. As to any work or labour properly performed and not herein
provided for, fees may be allowed by the Registrar.
1
Fees not
herein provided for.
53. Where the plaintiff is directed to pay to the defendant the costs costs of
ifs of
of the cause, the costs occasioned to a defendant by any amendment aTnclTent
piant
of the plaintiff's pleadings shall be deemed to be part of such defen- pleadings.
dant's costs in the cause (except as to any amendment which shall .
appear to have been rendered necessary by the default of such
defendant); but there shall be deducted from such costs any sum which
may have been paid by the plaintiff acFording to the course of the
Court at the time of any amendment. H
54. Where upon taxation a plaintiff who has obtained a judgment Plaintiff
with costs is not allowed the costs of any amendment of his pleadings oftlsamenifi fed T
on the ground of the same having been unnecessary, the defendant's ment.
costs occasioned by such amendment shall be taxed, and the amount
thereof deducted from the costs to be paid by the defendant to the
plaintiff.
1
,
55. Where an action or petition is dismissed with costs, or a'motion

is refused with costs, and any costs are by any general or special order
directed to be paid, the Registrar may tax such costs without any order
referring the same for taxation, unless the Court or a Judge upon the
application of the party alleging himself to be aggrieved prohibits the
taxation of such costs.
Taxation
Nvhecti
disinve(lzth
I
,
costs.
1
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Taxation of
costs where
parties differ.
Where total of
costs taxed to
be stated.
Cap. 3:02
High Court
56. Where it is directed that costs shall be taxed in case the parties
differ about the same, the party claiming the costs shall bring the bill
of costs into the Registry and give notice of his having done so to the
other party, and at any time within eight days after such notice such
other party shall have liberty to inspect the same without fee, if he
thinks fit. And at or before the expiration of the eight days, or such
further time as the Registrar shalHn his discretion allow, such other
party shall either agree to pay the costs or signify his dissent therefrom,
and shall thereupon be at liberty to tender a sum of money for the
costs, but where he makes no such tender, or where the party claiming
the costs refuses to accept the sum so tendered, the Registrar shall
proceed to tax the costs ; and where the taxed costs shall not exceed
the sum tendered, the costs of the taxation shall be borne by the party
claiming the costs.
57. Where any costs are by any judgment or order directed to be

taxed and to be paid out of any money or fund in Court, the Registrar
in his certiifcate of taxation shall state the total amount of all such
costs as taxed without any direction for that purpose in such judgment
or order.
Fees of
accountants,
etc.
58. The allowances in respect of fees and expenses to any accountants, merchants, actuaries, engineers, and other scientiifc persons to
whom any question is referred, shall be regulated and taxed by the
Registrar, subject to appeal to the Court or a Judge, whose decision
shall be ifnal.
Considerations
by which the
Registrar's
discretion
must be
59. As to all fees or allowances which are discretionary the same

are, unless otherwise provided, to be allowed at the discretion of the
Registrar, who in the exercise of such discretion is to take into consideration the other fees and allowances to the solicitor and counsel,
if any, in respect of the work to which any such allowance applies, the
nature and importance of the cause or matter, the amount involved,
the interest of the parties, the fund or person to bear the costs, the
general conduct and costs of the proceedings, and all other circurnstances ; and where a party is entitled to enter judgment for his costs,
the Registrar in taxing the costs, may allow a ifxed sum for the costs
of the judgment.
Power to
Registrar to
assess costs at
a gross sum in
case of delay
or improper
conduct of
litigation.
60. If upon the taxation it shall appear that the costs have been
_/
increased by unnecessary delay or by improper, vexatious, prolix or

unnecessary proceedings, or by other misconduct or negligence, or
that from any other cause the amount of the costs is excessive having
regard to the nature of the business transacted, or the interests
involved, or the money or value of property to which the costs relate,
LAWS OF GUYAffA
High Court
Cap. 3:02
IF E
207
[Subsidiary]
or to the other circumstances of the case, the Registrar shall allow only
such an amount of costs as may be reasonable and proper, and may
assess the same at a gross sum, and shall (if necessary) apportion the
amount among the parties, if more than one.
61. If on the taxation of a bill of costs payable out of a fund or
estate, or out of the assets of a company in liquidation, the amount
of the professional charges and disbursements contained in the bill
is reduced by one-sixth part, no costs shall be allowed to the solicitor
leaving the bill for taxation for drawing and copying it, nor for attending the taxation.
Disallowances
where bill
reduced by
one-sixth.
62. Where a writ of summons for the commencement of an action Costs in

oegdings iyn
shall be issued from a Sub-Registry and where an action proceeds in Kbegstr
any such branch, all fees and allowances, and rules and directions
relating to costs, which would be applicable to such proceedings if
the writ of summons were issued in the Registry, Georgetown, and
if the action proceeded in Georgetown,, shall apply to such writ of
summons and other proceedings issued in such Sub-Registry.
i
1
63. No retaining fee to counsel (to secure his services in prospective Retaining fee
to counsel.
litigation) shall be allowed on taxation between party and party.
64. Fees for conferences are not to be allowed in any cause or Fee for
matter in addition to the solicitor's and counsel's fees for drawing and conferences.
settling, or perusing any pleadings, afifdavits, deeds or other proceedings, or for advising thereon, unless it shall appear to the Registrar
for some special reason that a conference was necessary or proper.
65. In any case in which under rule 7 of this Order the scale of costs Only one
certancases.
in Scale I is applicable, the cost of brieifng more than one counsel cotinlelin
shall not be allowed, unless the Judge certiifes for more than one
counsel.
66. Where the costs of retaining two counsels may properly be Two counsels.
allowed, such allowance may be made although both such counsels
may have been selected from the outer bar.
67. As to refresher fees, when any cause or matter is to be tried or Refresher fees.
heard upon viva voce evidence in Court, if the total time occupied by
the trial whether wholly on the ifrst day or partly on that day and
partly on any subsequent day or days shall exceed a period of ifve
hours the taxing master may in respect of the excess allow for every
complete period of ifve hours (if any) and for any less period not
included in any such complete period the following fees-L.R.O. 111973
- - -- --
LAWS OF GUYANA
208
[Subsidiary]
O. 49
Cap. 3:02
High Court
to the leading counsel or if one only from $35 to $75;

to the second counsel from $25 to $50 ;
to the third (if three) from $15 to $35:
Provided that in the taxation of costs between solicitor and client

the Registrar shall be at liberty to allow larger fees, under special
circumstances to be stated by him. The like allowances may be made
where the evidence in chief is not taken viva voce, if the trial on hearing
shall be substantially prolonged beyond such period of ifve hours, to
be so computed as aforesaid, by the cross-examination of witnesses
whose afifdavits or depositions have been used.
Premature
delivery of
briefs.
68. Where a cause or matter shall not be brought on for trial or

hearing, the costs of and consequent on the preparation and delivery
of briefs shall not be allowed if the Registrar shall be of opinion that
such costs were prematurely incurred.
Defendant's
costs where
trial comes on
but cannot be
tried.
69. Where a cause or matter which stands for trial is called on to

be tried, but cannot be decided by reason of a want of parties or other
defect on the part of the plaintiff, and is therefore struck out of the
paper, and the same cause is again set down, the defendant shall be
allowed the taxed costs occasioned by the ifrst setting down, although
he does not obtain the costs of the cause or matter.
Vouchers for
counsel's fee.
70. No fee to counsel shall be allowed on taxation unless vouched

by his signature. This requirement is to be waived in regard to fees of
counsel when briefed on behalf of the State.
Application of
rules.
71. The rules in this Order shall apply only when the action, matter
or proceeding has been heard, tried and determined in Court or by a
Judge.
Delay before
Registrar.
72. Where in proceedings before the Registrar any party is guilty

of neglect or delay, or puts any other party to any unnecessary or
improper expense relative to such proceedings the Registrar may direct
such party or his solicitor to pay such costs as he may think proper or
deal with them under rule 42 of this Order.
Delivery of
bill to client,
where costs to
be paid out of
a fund or
property.
73. Where in any cause or matter any bill of costs is directed to be

taxed for the purpose of being paid or raised out of any fund or
property, the Registrar may, if he shall consider there is a reasonable
ground for so doing, require the solicitor to deliver or send to his
clients, or any of them, free of charge, a copy of such bill, or any part
thereof, previously to the Registrar completing the taxation thereof,
accompanied by any statement the Registrar may direct, and by a
1
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LAVVS OF GUYANA
-
High Court
Cap. 3:02
209
[Subsidiary)
O. 49
letter informing such client that the bill of costs has been referred to
the Registrar for taxation, and will be proceeded with at the time the
Registrar shall have appointed for this purpose, and the Registrar
may suspend the taxation for such time as he may consider reasonable.
\
,
74. The Registrar shall have power to limit or extend the time for
any proceeding before him, and where by any general order, or any
order of the Court or a Judge, a time is appointed for any proceeding
before or by the Registrar, unless the Court or a Judge shall otherwise
direct, the Registrar shall have power from time to time to extend the
time appointed upon such terms (if any) as the justice of the case may
require, and although the application for the same is not made until
after the expiration of the time appointed, it shall not be necessary to
make a certiifcate or order for this purpose, unless required for any
special purpose.
Power of
75. Every bill of costs which shall be left for taxation shall be
indorsed with the name and address of the solicitor by whom it is so
left, and also the name and address of the solicitor, if any, for whom
he is agent, including any solicitor who is entitled or intended to
participate in the costs so taxed.
Indorsement
on b i l l of costs.
76. (1) Any party who may be dissatisifed with the allowance or
disallowance by the Registrar in any bill of costs taxed by him, of the
whole or any part of any item may, at any tirne within four'days after
the taxation, deliver to the other party interested therein, and carry
in before the Registrar, an objection in writing to such allowance or
disallowance, specifying therein by a list, in a short and concise form,
the items or parts thereof objected to, and the grounds and reasons
for such objections, and may thereupon apply to the Registrar to
review the taxation in respect of the same.
Objections to
taxation.
!
time.
(2) The Registrar may, if he shall think ift, issue pending the
consideration of such objections, a certificate of taxation of allocatur
for or on account of the remainder ofthe bill of costs, and such further
certiifcate or allocatur as may be necessary shall be issued by the
Registrar after his decision upon such objections.
77. (1) Upon such application the Registrar shall reconsider and
review his taxation upon such objections, and he may, if he shall think
ift, receive further evidence in respect thereof, and if so required by
either party he shall state either in his certificate or allocatur, or by
reference to such objection, the grounds and reasons of his decision
thereon, and any special facts or circumstances relating thereto.
Review of
taxation by
Registrar.
L.R.O. 111973
LAWS OF GUYANA
210
High Court
Cap. 3:02
[Subsidiary]
0.50
(2) The Registrar may tax the costs of such objections and add
them to or deduct them from any sum payable by or to any party
to the taxation.
1
Review of
Registrar's
Certiifcate by
Judge.
78. Any party who may be dissatisfied with the certiifcate or

allocatur of the Registrar as to any item or part of an item which may
have been objected to as aforesaid, may within fourteen days from the
date of the certificate or allocatur, or such other time as the Court
or a Judge or the Registrar at the time he signs his certiifcate or allocatur, may allow, apply to a Judge at chambers for an order to review
the taxation as to the same item or part of an item, and the Judge may
thereupon make such order as he may think just; but the certificate or
allocatur of the Registrar shall be final and conclusive as to all matters
which shall not have been objected to in manner aforesaid.
Evidence on
Review.
79. Such application shall be heard and determined by the Judge

upon the evidence which shall have been brought in before the
Registrar, and no further evidence shall be received upon the hearing
thereof unless the Judge shall otherwise direct.
Registrar:
deifnition.
80. In this Order "Registrar" includes the Deputy Registrar and

any sworn clerk appointed by the Registrar to tax bills of costs.
\ i
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ORDER 50
NOTICES, PAPER, ETC.
Notices to be
in writing.
1. All notices required by these Rules shall be in writing unless

expressly authorized by the Court or a Judge to be given orally.
Regulations
for writing,
etc.
2. Every document required by these Rules to be ifled in the

Registry, and the copy of every document supplied for the use of the
Court shall be legibly written, typewritten, or printed in blue or black
upon thick white foolscap paper of good quality, with an inner margin
of not less than two inches wide and an outer margin of about half an
inch, and a space of not less than half an inch left between each line.
Copies for use of the Court may, instead of being written, typewritten,
or printed, be photographic copies of the same size as the original
document.
Document not
complying
with rule may
be rejected.
3. The Registrar may decline to receive or ifle any document not

strictly conforming to the requirements of the last preceding rule,
and the Court or a Judge may disallow the costs of any such document
which has been inadvertently received by the Registrar.
__
c-
/41
1
1
LAWS OF GUYANA
High Court
Cap. 3:02
211
[Subsid iary]
O. 51
ORDER 51
SERVICE
1. All writs, notices, pleadings, orders, summonses, warrants and Mode and
where.ot
other documents, proceedings, and wrii tten communicati ons in tirrieofservice
respect of which personal service is not required shall be sufficiently personal.
served if left within the prescribed hoUrs at the address for service of
the person to be served, as defined by Orders 5 and 10, with any person
resident at or belonging to such placeor if posted in a prepaid
registered envelope addressed to the person to be served at such
address for service as aforesaid :
Provided that where service under this rule is made by registered
post, the time at which the document so posted would be delivered
in the ordinary course of post shall be considered as the time of
service thereof.
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2. Notices sent from the Registry may be sent by post, and the time Notices from
at which the notice so posted would be delivered in the ordinary Registrar.
course of post shall be considered as the time of service thereof, and
the posting thereof shall be a sufifcient service.
3. Where no appearance has been entered for a party, or where a Service where
party or his solicitor, as the case may be, has omitted to give an or
no1PPel
1 0aaL
ddree"e
ss
address for service as required by Orders 5 and 10, all writs, notices, for service.
pleadings, orders, summonses, warrants and other documents,
proceedings, and written communications in respect of which personal
service is not required may be served by leaving them at the Registry.
4. Where personal service of any writ, notice, pleading;summons Manner of

order, warrant, or other document, proceeding, or written com- personal
service.
munication is ordered or is otherwise required, the service shall be
effected by handing to and leaving with the person to be served a copy
of such document and, if asked, showing him the original or a sealed
copy thereof. If the person to be served will not take such copy the
Marshal or person authorised to effect service shall tell him what the
document contains and leave it as nearly as possible in his possession
or control,
1
(
5. Where personal service of any writ, notice, pleading, summons, Substituted

older, warrant, or other document, proceeding, or written com- service.
munication is ordered or is otherwise required and it is made to appear
to the Court or a Judge that prompt personal service cannot be
effected, the Court or Judge may make such order for substituted or
other service, or for the substitution of notice for service by letter,
public advertisement, or otherwise, as may be just. Any such order
may be made on application ex parte.
L.R.O. 1/1973
t
_
LAWS OF GUYANA
212
[Subsid iary]
Service on
solicitor or
party formerly
appearing in
person.
'
Cap. 3:02
High Court
6. Where a party after having sued or appeared in person has given

notice in writing to the opposite party or his solicitor, through a
solicitor, that such solicitor is authorised to act in the cause or matter
on his behalf, all writs, notices, pleadings, summonses, orders,
warrants, and other documents, proceedings, and written communication which ought to be delivered to or served upon the party
on whose behalf the notice is given shall thereafter be delivered to or
served upon such solicitor.
Service upon
solicitor of
person not a
party.
7. Where a person who is not a party appears in any proceedings

before the Court or in chambers, service upon the solicitor by whom
such person appears shall be deemed good service except in matters
requiring personal service.
Affidavits of
service.
8. Afifdavits of service shall state when, where, and how and by

whom, such service' was effected.
Change of
address for
service.
9. Any party may change his address for service by lodging with the
Registrar a notice in writing stating that he has changed his address
for service and appointing some other place within the prescribed
distance from the Registry as his address for service, and by serving
upon the opposite party a copy of such notice. Until such notice is
lodged and such copy is served any document served at the original
address for service shall be deemed to have been duly served.
Directions for
service in case
of difficulty.
10. In the event of any difficulty arising in effecting service of any

document upon any party at his address for service, the party desiring
to effect such service may apply to the Court or a Judge to direct in
what way service may be effected, and the Court or Judge may give
such directions accordingly ; and any document served in accordance
with such directions shall be deemed to have been duly served.
ORDER 52
I
1
TITLE
Names of
parties.
1. The name of every plaintiff and defendant, the year, and the
number of the action as appearing on the writ of summons shall form
the title of the action, and every pleading, afifdavit, and document
required by these Rules to be ifled in the Registry or served upon any
party to the action shall be entitled with the title of the action.
Numerous
parties.
2. In any action where there is more than one plaintiff or defendant

it shall be sufifcient if any document other than the writ of summons
is entitled with the name of the ifrst plaintiff or defendant, and it be
stated that there are other plaintiffs or defendants as the case may be.
LAWS OF GUYANA
High Court
213
Cap. 3:02
[Subsidiary]
O. 53
ORDER 53
POOR PERSONS
1. In this Order "admitted" and cognate expressions refer to
admission to take or defend or be: a party to any legal `proceedings
save insolvency proceedings in the Court as a poor person.
Interpretation.
2. (1) Any person may be admitted on satisfying the Court or a

Judge
Conditions of
admission.
\
1
(a) that he has reasonable grounds for admission; and

(b) that the applicant is not worth a sum exceeding one
hundred and twenty-ifve dollars (excluding wearing apparel,
tools of trade, and the subject matter of the proceedings) or such
larger sum not exceeding two hundred and fifty dollars as a
Judge in special circumstances may direct; and
(c) that the usual income of the applicant from all sources
does not exceed ifve dollars a- week or such sum av a Judge in
special circumstances may direct ; and
11
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(d) in matrimonial causes, where the wife is the applicant, in

addition to the conditions set out in subparagraphs (a), (b) and
(c) hereof, either(i) that each of them, the applicant and her husband, is not
worth the amount specified in subparagraph (b) and that their
joint income does not exceed the amount speciifed in subparagraph (c); or
(ii) that it is reasonable that in the circumstances the applicant should be admitted ; and if so the order shall state
whether the proceedings are limited to such proceedings as are
necessary to enable the applicant to obtain and enforce an
order for security for her costs of the legal proceedings or are
to extend to any and what further or other proceedings as the
Judge may direct.
1
(2) This rule shall not apply to any criminal cause or matter
except(a) applications to the Court for an order under sections 36
and 37 of the Summary Jurisdiction (Appeals) Act ; and
c. 3 :04
(b) applications for certiorari, mandamus or prohibition

directed to a court of summary jurisdiction.
L.R.O. 111973
LAWS OF GUYANA
214
Cap. 3:02
High Cout
Deposit in
matrimonial
cause.
[4 of 1972]
3. (1) In a matrimonial cause there shall be paid into Court, by or

on behalf of the applicant, after the application has been examined by
the Registrar and before it is referred for inquiry and report to a
solicitor or counsel, in nullity cases involving medical examination
fifty dollars and in other cases fifteen dollars and if that deposit shall
in the course of the case be found insufficient, such further sum as may
be directed by the Registrar. Every sum so deposited shall be utilised
for the payment to the solicitor of any out-of-pocket expenses (not
including ofifce expenses) of the case, and any surplus shall be repaid
to the poor person.
(2) Any order of admission may be cancelled by order of the
Court or a Judge on proof that the order was obtained by fraud or
misrepresentation and the Court or Judge may order the poor person
to pay the costs of the other party; and where such an order is made,
the costs shall be taxed as if the party-ordered to pay them were not a
poor person.
H
i
(3) In matrimonial causes where the wife is the applicant, the

Court or a Judge may, if in its or his opinion the applicant is unable
to pay into Court the necessary deposit, assign a solicitor for the purpose of making an application to the Court for an order that the
husband of the applicant do pay the deposit into Court and for the
purpose of enforcing that order.
(4) Any amount remaining after all expenses properly incurred
have been paid shall be repaid to the poor person.
List of
practitioners
willing to be
assigned.
4. (1) The Registrar shall keep a list of solicitors and counsel who
before or after these Rules have come into operation have expressed
or shall express themselves as willing to be assigned to enquire into
and report upon the application of any person to be admitted, and to
assist poor persons when admitted in the conduct of the proceedings.
(2) Solicitors and counsel willing from time to time to be so
assigned may send their names to the Registrar.
Application
for admission:
Form No. 1.
5. A person desirous of being admitted shall make an application

to the Registrar in Form No. 1 in Appendix S to these Rules, stating
his means and the names of the parties or any proposed parties to the
proceedings and the nature of the applicant's case, and giving the
names and addresses of two persons to whom referee can be made.
Reference of
application
and report.
6. (1) The application shall be referred for inquiry by the Registrar

with the approhation of the Court or a Judge to a solicitor willing to
act in the matter, whether named in the list to be kept pursuant to
rule 4 or not, who shall report to the Court or a Judge through the
I
I
LAWS OF GUYANA
High Court
215
Cap. 3:02
[Subsid iary]
O. 53
Registrar whether and upon what terms the applicant ought to be

admitted.
(2) For the purposes of the report, the reporter may make such
inquiries as he thinks ift as to the means and position of the applicant
and as to the merits of the case, and may require the attendance upon
him of the applicant. He shall where possible personally see the applicant, and may hear any other person, and may require facts to be
proved by afifdavit or statutory declaration, and in making his report
he shall have regard to the probable cost of the litigation in relation
to the matter in dispute, and shall state that he has personally interviewed the applicant or shall state his reasons for not having done so.
I
i
Enquiries as
to means, etc.
(3) The solicitor may take the opinion of counsel willing to act
in the matter (whether named in the list kept pursuant to rule 4 or not),
and counsel's opinion in that case shall form part of the report.
Counsel's
opinion.
(4) The report and any documents obtained for its purpose
shall be ifled in a separate part of the Registry for keeping all records
of matters relating to poor persons, shall be treated as conifdential,
and shall not be shown or disclosed to the parties or either of them.
Record of
proceedings by
poor persons.
(5) In matrimonial causes the report and other documents filed Inspection by
in that part of the Registry wherein are kept the records of all matters . tt:rneYeeral
relating to poor persons shall be open to inspection by the Attorney- [R. 1/1970]
General in the performance of any duty corresponding with that
performed by the Queen's Proctor in England as at 22nd February,
1970.
7. Every applicant shall be required by the reporter to swear before
the Registrar an affidavit in accordance with Form No. 2 in Appendix
S to these Rules. No fee shall be charged for the administration of the
oath thereto.
1
,
Affidavit in
asupport of
pplication:
Form No. 2.
8. Upon the production of the report mentioned in rule 6 the Court Order of
\
! \
or a Judge may in its or his discretion, and upon such terms (if any) as
it or he may think ift, make an order admitting the applicant, and shall
assign to the applicant the reporting solicitor and counsel (if any)
whose opinion has been taken, or another solicitor and counsel
willing to act in the matter (whether named in the list kept pursuant
to rule 4 or not) to assist him in the conduct of the proceedings.
admission.
9. No person who is outside the jurisdiction of the Court shall be Persons extra-
admitted.
10.
I
I
jurisdiction.
The Court or a Judge may at any time (and whether or not any Power to
application be made by any person for the purpose) discharge any

order made under these rules whereby a person has been admitted.
discharge
order.
L.R.O. 111973
,
LAWS OF GUYANA
216
[Subsidiary]
0.53
No appeal
except by
leave.
Leave to disproceedlngs or
cntinu
discharge
solicitor.
Cap. 3:02
High Court
11. Except by leave of the Court or a Judge, there shall be no appeal

against an order refusing admission.
12. (1) No person admitted, nor any solicitor or counsel assigned
to him, under these Rules shall discontinue, settle or compromise

the proceedings without the leave of the Court or a Judge.
(2) No person admitted may discharge any solicitor or counsel
assigned to him without leave of the Court or a Judge.
(3) A solicitor or counsel assigned under rule 8 shall not be at
liberty to discontinue his assistance unless he satisifes the Court or a
Judge that he has some reasonable ground for doing so.
Solicitor's
annual report.
13. (1) Every solicitor assigned under rule 8 shall send a report
annually to ,the Registrar showing the progress and result of all cases
assigned to him.
(2) If the solicitor discovers at any time that the applicant (or
in matrimonial causes where the wife is the applicant, that the applicant or her husband) is possessed of means beyond those disclosed
to him, he shall report the matter at once to the Registrar.
Poor person
not liable for
fees or costs.
14. (1) When a person applying to be, or is, admitted, he shall not
be liable for any Court fees, or, unless the Court or a Judge shall
otherwise order, to pay costs to any other party, and, except as
provided by these rules, no person shall take or agree to take or seek
to obtain any payment, fee, profit, or reward, either for inquiry and
report, or for the conduct of the proceedings, or for out-of-pocket
expenses, or on account of his office expenses, and any person so
doing shall be guilty of a contempt of court.
(2) If any such payment, fee, proift, or reward as aforesaid is
made, given or promised the application or admission may be dismissed or struck out, and thereupon the poor person shall not afterwards be admitted into the same case or any proceedings unless
otherwise ordered.
(3) If any out-of-pocket expenses are incurred by the solicitor
he shall send a written statement to the Registrar showing their
amount and the purposes for which they have been incurred, and
upon receipt of that statement the Registrar shall, in mattimonial
causes pay or cause to be paid to the solicitor from the amount
deposited by, the applicant under rule 3 such sum as the Registrar
shall consider just, and in other causes shall in writing request the
applicant to pay into Court such sum as that ofifcer shall consider
just for payment to the solicitor.
'
LAWS OF GUYANA
1
High Court
!
i
217
Cap. 3:02
[Subsidiary]
0.53
(4) When determining the amount to be considered just under

this rule the Registrar shall h.ave regard to the following provisions(a) no fee shall be allowed for the report;
(b) the solicitor shall not be entitled to any payment on
account of his office expenses (including charges for stationery
or copying done in his office).
15. In matrimonial causes every petition or answer shall be settled Petition or
answerinniai
by a barrister and signed by him, and proofs of the witnesses shall be matrimo
,
furnished to him with the instructions to settle the petitioii or answer. causes.
16. Costs ordered to be paid to a poor person shall, unless the
Court or a Judge shall otherwise order, be taxed, having regard to
rule 14 ; but in the event of the Court or Judge certifying that the
person ordered to pay the costs has acted unreasonably in prosecuting
or defending or opposing the proceedings, those costs shall include
profit costs and charges, but not fees to counsel.
Costs payable
to poo r
person.
17. (1) The Court or a Judge may order to be paid to the solicitor Costs to poor
out of any money recovered by the poor person, or may charge in Peis9gs
s oicr.
favour of the solicitor upon any movable or immovable property
recovered by a poor person, such sum in respect of costs (not including
fees of counsel) as would have been allowed to the solicitor on taxation
between himself and his client if he had been retained by his client
in the ordinary way (less such amounts as may be recovered from any
other party) or such other sum in respect of costs as to the Court or
Judge may seem fit.
(2) The total amount so to be paid or charged as aforesaid for
profit costs shall not in either case exceed one-fourth of the amount
or value recovered and remaining after the deduction therefrom of all
proper disbursements made by a solicitor.
(3) In this rule money or property recovered includes money
or property recovered by virtue of a settlement or compromise.
18. Every petition, notice of motion, or summons on behalf of a Signature of
poor person (except an application for admission or for thd. discharge

of his solicitor) shall be signed by his solicitor, and it shall be the duty
of that solicitor to take care that no application is made without
reasonable cause.
I
documents of
potocitor.
r pers o n ' s
19. There shall be no appeal as a poor person to the Full Court or Leave to
Court of Appeal by any one admitted under these rules without appeal to Full
of:
leave of the Judge before whom the matter is heard, or of the Full couri ol
Court or Court of Appeal
Appeal.
L.R.O. 111973
--
- -
LAWS OF GUYANA
218
[Subsidiary]
0.54
,
I
1
Admission to
appeal to Full
Court.
20. If any person who has not taken, defended or been a party to
any legal proceedings as a poor person in the Court shall desire to be
admitted on an appeal to the Full Court or Court of Appeal, the like
procedure shall be followed as is provided by these Rules for the
Court, and the application shall be referred by the Registrar for
inquiry as in the preceding rules of this Order, and upon production
of the report the Court or a Judge, or the Full Court or the Court of
Appeal may in its or his discretion make an order admitting the
applicant to be a party to the appeal.
Stay of
proceedings.
21. Nothing in these Rules shall operate as a stay of any proceedings

unless so ordered by the Court or a Judge, or by the Full Court, or by
the Court oflAppeal.
Application of
Order.
[R 1/19701
22. This Order shall apply to
(a) proceedings for divorce or other matrimonial causes; and

(b) such proceedings in the Court as correspond with those on
the Crown side of the Queen'sliench Division of the High Court
of Justice in England as at 22nd February, 1970.
/
c.-
;1 3 4'4
ORDER 54
01-et- 36
.FPg FF NONc:-COMPLIANCE
cecdi s
not void
irregularity.
1. Non-compliance with any of these Rules or with any rule of

practice for the time being in force shall not render any proceedings
void unless the Court or a Judge shall so direct, but such proceedings
may be set aside either wholly or in part as irregular, or amended, or
otherwise dealt with in such manner and upon such terms as the
Court or Judge shall think ift.
Application
to set aside
proceedings.
2. No application to set aside any proceedings for irregnlarity*Shall

be allowed unless made Witiiiii"fbasonable tirn*,nr
o slf: tiwiarty
applying has taken any fresh step eat knowledge ofthe itregulality.
Objections of
irregularity.
3. Where an application is made to set aside proceedings for

irregularity, the several objections intended to be insisted upn'shall
be stated in the summons or notice of motion.
Costs.
When a summons is taken out to set aside any process or proceeding for irregularity with costs and the summons is dignissed
generally without any special direction as to costs, it is to be understood to be dismissed with costs.
4.
__
LAWS OF GUYANA
219
Cap. 3:02
High Court
[Subsidiary]
0.56
ORDER 55
),
REGISTRAR'S FEES
1. The fees speciifed in Appendix T to these Rules shall be received

and taken by the Registrar in respect of the proceedings mentioned
therein.
Registrar's
fees
2. All fees shall be paid in the first instance by the party requiring
any duty to be performed or any process to be executed by the
Registrar, provided that on summary application a Judge may direct
that any fee may be waived.
1
By whom
payable.
3. (1) Where a person is proceeding in the Court under Order 53 Poor persons:
the fees which would otherwise have been payable by a poor person pay
n fe
age
[R.1/19701
in the ifrst instance in pursuance of this Order shall not be payable.
(2) Where by any convention to which the State is a party with
any foreign power it is provided that no fee shall be required to be
paid in respect of any proceedings, the fees speciifed in this Order
shall not be taken in respect of those, proceedings.
4. This Order shall not apply to
Application of
Order.
(a) non-contentious probate business;

(b) proceedings in insolvency;
(c) criminal proceedings.
t,..,,
.;..>.
eaca.,.;) uro
o,_,..-
R 56''''
17- - et
i-- x4 Ci- i i
0.4-t
tt L
i-,
06 ,4,4,,,
3 3-
DUTIES OF REGISTRAR
1. The Registrar shall keep a Cause I3ook in the form heretofore

in use iri which shall be recorded every proceeding taken in the course
of an action, cause or matter.
Cause Book.
2. (1) It shall be the duty of the Registrar to give noticOy adver- Notice of
c of
tisement in the
whenever posSible, and by affixing notices to hea tilrig
notice boards at the entrance to the 'Registry and outside the court- : 1)P
11 d a atlcs
ct i oTs.
room and Law Library of the times for the hearing of any action,
cause or matter, or application.
-
(2) A list of all applications to the Court under Order 12 shall be

made up by the Registrar and published by affixing a copy thereof on
L.R.O. 111973
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220
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High Court
0.57
the notice board outside the courtroom of the Bail Court at the Law
Courts at the hour of 8.30 in the forenoon or as soon thereafter as is
practicable of the day on which such applications will be heard.
Issue of
writs, etc.
3. (1) It shall be the duty of the Registrar to issue all writs of

summons or other writs or process, and to file all such documents
required by these Rules to be ifled as comply with the requirements
of these Rules and as may be presented to him on payment of the
prescribed fees.
(2) In ally case in which it is difficult or impossible to ascertain
at the time When application is made to the Registrar to do any act
the exact amount payable to the Registrar, he may require the party
making the application to deposit such sum as will in his opinion be
suiffcient to cover the amount payable on the performance of the act.
Minutes of
proceedings.
4. It shall be the duty of the Registrar to keep a correct and concise

record of all proceedings before the Court or a Judge.
Money in
Court to be
paid into
Post Office
Savings Bank.
5. It shall be the duty of the Registrar to pay into the Post Oiffce
Savings Bank to the credit of the action, cause or matter in which the
same has been deposited all sums deposited in the Registry and
interest thereon shall be allowed at such rate as from time to time shall
be fixed by the National Assembly.*
ORDER 57
HOURS FOR TRANSACTION OF BUSINESS IN REGISTRY
Hours for
transaction of
business.
[R. 4/1970]
c. 12:21 Sub.
Leg.
c. 5:01 Sub.
Leg.
c. 3:02
Notwithstanding anything contained in the Insolvency Rules,or in

the Rules of the Supreme Court (Deeds Registry) Of in any other rule
or in any Act: relating to any matter mentioned in section
of the
High Court Act, the Registry shall be open each day of the week (except
Saturdays and public holidays) between 8.30 o'clock in the forenoon
and 3 o'clock in the afternoon and on Saturdays between 8.00 o'clock
and 11.00 o'clock in the forenoon.
* Interest under this rule has been fixed at the rate of interest from time to
cr
on deposits in the Post Office Savings Bank, provided that no interest shall be pal on any
sum less than one hundred dollars or any sum of whatever amount remaining on deposit
for a period of less than six months (see Resolution No. XXVIII of the Legislative Council
in its Second Session in 1955).
1
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High Court
221
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[Subsidiary]
O. 59
ORDER 58
PETITIONS
1. Every petition shall be addressed "To the High Court of the How
addressed.
Supreme Court of Guyana."
2. Every petition shall be presented.by being left with the Registrar. Presentation
of
pe Lervice
n
Where service is intended, the party presenting the petition shall at an
the same time hand to the Registrar a copy to be sealed wiht the seal
of the Court. Service of the petition may be effected by serving a copy
so sealed in the manner in which writs of summons may be,terved.
3. At the foot of every petition (not being a petition of course) and Petitions to
t a t e i) e r on s e
of every copy thereof a statement shall be made of the persons, if any, ntendedtob
intended to be served therewith; and if no person is intended to be served.
served with such petition, a statement to that effect shall be made at
the foot of the petition and of every copy thereof.
,
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4. Every petition shall be indorsed with the name, address and, if

necessary, address for service of the petitioner's solicitor, or of the
petitioner, if he sues in person, in the same manner as writs of summons are required to be indorsed.
Petition to be
addressol
i ndors ed y i t h
5. Unless the Court or a Judge gives special leave to the contrary,

there must be at least three clear days between the service of a petition
and the day appointed for hearing the petition.
seiceand
TLmebetwe en
6. In the case of an application under any Act directing the purchase

money of any property sold to be paid into Court, the person claiming
by petition to be entitled to the money so paid in shall make an affidavit not only verifying his title, but also stating that he is not aware
of any right in any other person, or of any claim made by any other
person, to the sum claimed or to any part thereof; and if the petitioner
is awared any such right or claim, he shall in such affidavit state or
refer to and except the same.
Afifdavit
petitioner's
solicitor.
hearingof
petition.
whre
petftio ner
claims money
in Court.
1
ORDER 59
\
CLAIMS UNDER STATE LANDS RESUMPTION ACT
1. Upon receipt by the Registrar of an order of reference of any

referred to the Court under section 5 of the State Lands
Resumption Act, he shall apply forthwith to the Commissioner of
Lands for a transcript of all proceedings taken and evidence given
claim
Copy probefore
eedings
Commissioner
o f ,a1cIs .
c2.(12
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before him relating to the claim, and of his report to the Minister
responsible for lands thereon, certiifed by him to be correct.
Obtaining day
for investigation of
claim.
2. When the transcript has been lodged in the Registry by the

Commissioner aforesaid, the Registrar shall ascertain from the
Judge by whom the same is to be heard the day ifxed by him for the
investigation of the claim, and give written notice thereof, entitled in
the proceedings, to the Attorney-General and the claimant.
Title of
proceedings.
3. The proceedings before the Court shall be entitled in the matter

a
o ft lands of the plantation or district where the lands are situate and
in the matter.of the State Lands Resumption Act, with the name of
the claimant as
"respondent".
c. 62:02
Notic.e of
fresh evidence
at investigation.
4. ( 0 Within ten days after receipt by the Attorney-General and

the claimant of the aforesaid notice they shall give written notice, each
to the other, of any fresh evidence they may intend to adduce at the
investigation.
1
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(2) A notice of intention to adduce fresh evidence may be

supplemented by a futrher notice of the same kind at any time before
the day ifxed for investigation of the claim.
(3) Every notice by this rule prescribed shall state shortly the
nature of the fresh evidence to be adduced and shall be ifled in the
proceedings.
Default of
notice.
Evidence at
investigation.
5. In default of the notice or notices by the preceding rule prescribed no fresh evidence shall be given by either party at the investigation except with the sanction or by the direction of the Judge.
6. Subject to the foregoing rules, the claim shall be heard and
determined upon the proceedings and evidence before, and the report
to the Minister responsible for lands from, the Commissioner ,_Opresaid and not otherwise.
ORDER 60
i
'} COSTS IN NON-CONTENTIOUS BUSINESS'
Interpretation.
In this Order except where the, context otherwiserectuires, t,fie

following expressions have the following meanings respOtiVely,that
is to say1.
"client" includes any person who, as a principal or on behalf of

another, or as a trustee or executor, or in any other capacity, has
1
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High Court
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power, express or implied, to retain or employ, and retains or

employs or is about to retain or èmploy, a solicitor, and any
person for the time being liable to pay to a solicitor for his
services any costs ;
"contentious business" means business done or transacted as
solicitor or for the purposes of proceedings instituted in any
Court or in or for the purposes , of proceedings instituted or
carried on before any court, or before any arbitrator appointed
under the Arbitration Act or under these Rules not being non- c. 7:03
contentious or common form probate business;
Leonveyance" means any assurance for transporting, transferring,

leasing, assigning, surrendering or otherwise alienatinv)r disposing of land or an interest in land;
"costs" includes fees charges, disbursements, expenses and remuneration ;
"non-contentious business" means any business done as a solicitor

which is not contentious business and includes all dealings in
registered land under the Land Registry Act ;
c. 5:02
"solicitor" includes his personal representatives or assignees.
2. A solicitor and his client may, either before or after or in the Agreement of
course of the transaction of any non-contentious business by the remuneration
of Solicitors.
solicitor make an agreement as to the remuneration of the solicitor in
respect thereof.
1
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3. The agreement may provide for the remuneration of the solicitor Methods of
by a gross sum, or by commission or percentage, or by salary, or other- remuneration.
wise, and it may be made on the terms that the amount of the remuneration therein stipulated for either shall or shall not include all or any
disliasements made by the solicitor in respect of searches, plans,
travelling; -Stamps, fees or other matters.
4. The agreement shall be in writing and signed by the person to Written
be bound thereby or his agent duly authorised in writing in that behalf. agreement.
5. The agreement may be sued and recovered on or set aside in Agreement

the likq'Oafin er and on the like grounds as an agreement not relating enforceable.
t 0 tiiO40tirfIneration of a solicitor :
Provided that if on any taxation of costs the agreement is relied on
by the solicitor and objected to by the client as unfair or unreasonable,
the taxing officer may enquire into the facts and certify them to the
Court, and if on that certificate it appears just to the Court that the
L.R.O. 111973
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High Court
agreement should be cancelled, or the amount payable thereunder

reduced, the Court may order the agreement to be cancelled, or the
amount payable thereunder to be reduced, and may give such consequential directions as it thinks ift.
Remuneration
of Solicitors
prescribed in
Appendix Z.
6. Subject to the exception aforesaid, the remuneration of a solicitor

in respect of non-contentious business is to be regulated as follows,
namely(a) in respect of sales, purchases, mortgages, conveyances and
leases and other matters of conveyancing completed, the remuneration of the solicitor having the conduct of the business, is
to be that prescribed in Part I of Appendix V to these Rules and
to be subjeict to the Rules contained in this Order ;
(b) in respect of the preparation and submission of Estate
Duty Inventory and Declaration and the obtaining or re-sealing
of Probate or Letters of Administration and other matters
relating thereto when the transactions shall have been completed,
the remuneration of the solicitor having the conduct of the
business is to be that prescribed in Part II of Appendix V;
(c) in respect of business not hereinbefore provided, and of all

other non-contentious business the remuneration for which is not
hereinbefore prescribed, and which is not unduly complex or of
exceptional importance or the value of which does not exceed
ifve thousand dollars, the remuneration is to be regulated in
accordance with Part III of Appendix V;
(d) in respect of journeys from place of residence or business
the remuneration of the solicitor is to be that prescribed in
Part IV of Appendix V;
(e) in respect of business not hereinbefore provided for, connected with any transaction, the remuneration for which, if
completed, is hereinbefore prescribed, but /which is not, in tad,
completed, the remuneration is to be onv-half,of the.;said. remuneration or is to be regulated in accordn0e withL P4tt
Appendix V ;
'
(f) in reSpect of all other deeds or docurnents, And Of all other

non-contentious business, the remuneration Ior. which is not
hereinbefore prescribed the remuneration is tb be regulated in
accordance with Part V of Appendix V.
Disbursements
not included in
Solicitor's
remuneration.
"
7. The remuneration prescribed by Appendix V is not to include

stamps, counsel's fees, auctioneer's or valuer's charges, travelling or
hotel expenses, fees paid or searches to public officers, on registrations,
,
LAWS OF GUYANA
High Court
Cap. 3:02
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costs of extracts from any register or record, or other disbursement

reasonably and properly paid, nor any extra work occasioned by
changes occurring in the course of any business, such as the death or
insolvency of a party to the transaction, nor is it to include any business
of a contentious character, nor any proceedings in any Court, but it
shall include stationer's charges (except printing or cyclo-styling) and
allowances for time of the solicitor and his clerks, and for copying and
stationery, and all other similar disbursements.
8. In respect of any business which is required to be, and is, by Additional

eraion
special exertion, carried through in an exceptionally short space of rem
forsp
ti ecia
time, a solicitor may be allowed a proper additional remuneration for exertions.
the special exertion, according to the circumstances.
i
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225
\
I
9. In all cases to which the scales prescribed in Parts I and IV

(inclusive) of Appendix V shall apply, a solicitor, may, before undertaking any business, by writing under his hand communicated to the
client, elect that his remuneration shall be in accordance with Part V
of the said Appendix, but if no such election shall be made, his remuneration shall be according to the scale prescribed in Parts I to IV
aforesaid.
Prescribed
scales.
10. A solicitor may accept from his client, and a client may give to
his solicitor, security for the amount to become due to the solicitor
for business to be transacted by him.
Security for
solicitor's
remuneration.
11. Where a party to a conveyance or mortgage is represented by

a separate solicitor who does not prepare the conveyance or mortgage
or the document proving title and leading to the conveyance, the
remuneration of such separate solicitor is to be one half of that
prescribed in Part I of Appendix V. Subject to any provision in the
contract the vendor's solicitor shall prepare the conveyance Or documents leading thereto.
Remuneration
of solicitors in
conveyances,
mortgages, etc.
12. Where a solicitor is acting for both parties to a conveyance

(other than mortgages) he is to be entitled in any case of exceptional
difficulty or importance, to charge in addition to the remuneration
prescribed in Part I of Appendix V the remuneration that would be
payable to a separate solicitor representing one of the parties.
Solicitor acting
for bot h
oa s ytoance
a.
13. Where a property is sold subject to encumbrances, the amount

of the eitumbrances is to be deemed a part of the purchase-money.
Property
subj ect to
encumbrances.
14. The scale for conducting a sale by auction shall apply only in
cases where no commission is paid by the client to an auctioneer.
Scale for
auction sales.
L.R.O. 111973
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Consideration
in conveyances.
15. Where a conveyance is partly in consideration of a money

payment or premium, and partly of a rent, then, in addition to the
remuneration prescribed in respect of the rent, there shall be paid a
further sum equal to the remuneration on a purchase at a price equal
to such money payment or premium.
Estate Duty
declarations,
16. The remuneration in respect of a corrective Estate Duty declaration and inventory shall be calculated as if such difference whether
by way of increase or decrease were being declared as the original
value of an estate, or shall be regulated in accordance with Part V of
Appendix V.
etc.
Taxation of
solicitor's bill.
'
17. On the application, of the party chargeable, made within one

month of the delivery of a solicitor's bill, and on the party paying the
sum of $5.00 in respect of Registrar's fees, the Court shall without
requiring any sum to be paid into court order that the bill shall be
taxed and that no action shall be commenced thereon until the taxation
is completed.
1
Application
outside period.
18. If no such application is made within the period mentioned in

the last foregoing rule, then on the application either of the solicitor
or of the party chargeable with the bill, the court may, upon such
terms, if any, as it thinks ift (not being terms as to the costs of the
taxation), order(a) that the bill shall be taxed;
(b) that, until the taxation ,is completed, no action shall be
commenced on the bill, and any action already commenced be
stayed:
Provided that
(i) if twelve months have expired from thetelivery of the bill,
or if the bill has been paid, or if judgment ha.S ,bten obtaihed in
an action for the recovery of the costs coVered therebyi 416 Corder
shall be made on the application of the party chatgeable with the
bill except in special circumstance& and, if an. ordcr isrmade, it
may contain such terms as regards the costs of the taxation as ,the
court may think fit;
(ii) in no event shall any such order be made , after the expiration of twelve months from the pap :I-lent of the bill.
Taxation to
include costs
of taxation.
1
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19. Every order for the taxation of a bill shall require the taxing
ofifcer to tax not only the bill but also the costs of the taxation and to
certify what is due to or by the solicitor in respect of the bill and in
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LAWS OF GUYANA
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227
[Subsidiary]
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respect of the costs of the taxation. Order 49 shall apply to such

taxation so far as they are applicable.
20. If after due notice of any taxation either party thereto fails to
attend, the taxing ofifcer may proceed with the taxation ex parte.
Ex parte
21. Unless
(a) the order for taxation was made on the application of the
solicitor and the party chargeable, does not attend the taxation;
or
(b) the order for taxation otherwise provides;
the costs of the taxation shall be paid according to the event of the
taxation, that is to say, if one-sixth or if not less than one-half of the
bill is in respect of costs for which there is no scale charge Oen oneiffth of the amount of the bill is taxed off, the solicitor shalt pay the
costs, but otherwise the party chargeable shall pay the costs:
taxation.
Costs of
taxation.
Provided that the taxing ofifcer may certify any special circumstances relating to the bill or the taxation thereof to the court, and the
court may make thereon any such order as it thinks ift respecting the
payment of the costs of the taxation.
22. The court may on application of the party chargeable therewith

or entitled thereto make an order for the delivery by a solicitor of a
bill of costs and for the delivery up of, or otherwise in relation to, any
deeds, documents, or papers in his possession, custody or power, without requiring any sum to be paid into court and on payment of the
sum of $5.00 in respect of Registrar's fees.
Order for
23. The bill of costs of a solicitor may include costs payable in

discharg of a liability properly incurred by the solicitor on behalf of
the party to be charged with the bill (including Counsel's fees) notwithstanding`that those costs have not been paid before the delivery
to that party of that bill.
Costs allowed.
ive de
cosZ
f eTs,
b
ol i
etc.
I1
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24. Subject to this Order, no action shall be brought to recover any Action for
recov ery of
costs due to a solicitor until one month after a bill thereof has been costs
delivered in accordance with the requirements set out in the next
following rule:
Provided that, if there is probable cause for believing that the party
chrgeOle with the costs is about to quit Guyana, or to become an
insolvent, or to compound with his creditors, or to do any other act
which would tend to prevent or delay the solicitor obtaining payment,
the court may, notwithstanding that one month has not expired from
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L.R.O.1/1.973
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LAWS OF GUYANA
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O. 60
the delivery of the bill, order that the solicitor be at liberty to commence
an action to recover his costs and may order those costs to be taxed.
Requirements
of bill of costs.
25. The requirements referred to in the foregoing rule are that a
bill must(a) be signed by the solicitor, or if the costs are due to a ifrm,
either in his own name or in the name of the ifrm, or be enclosed
in, or accompanied by, a letter which is so signed and refers to
the bill; and
(b) be' delivered to the party to be charged therewith, either
personally or by being sent to him by post to, or left for him at,
his place of business, dwelling-house, or last known place of
abode;
,
N
and where a bill is proved to have been delivered in compliance with

those requirements, it shall not be necessary in the ifrst instance for the
solicitor to prove the contents of the bill and it shall be presumed, until
the contrary is shown, to be a bill bona fide complying with this Order.
Application
for order for
taxation.
Finality of
certiifcate of
taxing officer.
Registrar fees.
26. Every application for an order for the taxation of a solicitor's
bill or for the delivery of such a bill and the delivery up of any deeds,
documents and papers by a solicitor shall be made in the matter of
that solicitor.
27. The certiifcate of the taxing ofifcer by whom any bill has been
taxed shall, unless it is set asido or altered by the court, be ifnal as to
the amount of the costs covered thereby ,and the court may make such
order in relation thereto as it thinks ift, including, in a case where the
retainer is not disputed, an order that judgment be entered for the sum
certiifed to be due with costs.
1,
28. The fees speciifed in Part VI of AppendikA T shall be charged
and demanded received retained or recovered by and slialIst?c payable

in advance to the Registrar in respect of the acts. Mattel**
things
speciifed in the said Part.
-0-
LAWS OF GUYANA
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229
[Subsidiary]
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ORDER 61
ADMIRALTY
\
Interpretation
RULE
1. General Rules applicable.

2. Interpretation.
Commencement of Proceedings
3. Admiralty actions.
Writ of Summons and Procedure
4. Limitation actions.
5. No "four-day costs "
Warrant of Arrest
6. Arrest warrant after affidavit.

7. Waiving of requirements of rule 6.
Service of Writ and Warrant
8.
9.
10.
11.
12.
Undertaking to accept service.

Service of warrant of arrest.
Service how effected.
Service where cargo landed.
Where no access to cargo.
Appearance
13. Appearance-in actions in rem.

14. Appearance by intervener.
Bail
15. Bail.
Default of Appearance
16. Hearing on default.
Pleadings
17. Pleadings.
i
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Preliminary Act
18. Preliminary Act.
LAWS OF GUYANA
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O. 61
Ruks of the High Court
Payment Out of Court

RULE
19. Caveat against payment out.

I
Default of Pleading
20. Default of defence.
/"
Release
21. Authority for release.
22. Withdrawal of warrant.
23. Release on payment in.
24. Salvage action.
25. Release on ifling bail bond, etc.
26. Release to be left at Registry.
27. Caveat against release.
28. Release in Sub-Registry.
29. Delaying release.
30. Caveat against arrest.
31. Proceedings where caveat against arrest.
32. Arrest despite caveat.
Trial
33. Early trial.
34. Trials with Assessors.
35. Evidence by afifdavit.
Sales by the Court
1
36. Sale of property.

37. Payment into Court of gross proceeds.
38. Taxation of Marshal's expenses.
Motions
39. Time for ifling.
Consents
40. Consent to be Order of Court.
References
41. Reference to Registrar.

42. Filing of claim and affidavits.
43. Day for reference.
44. Day for reference in limitation actions.
45. Hearing of reference.
46. Evidence on reference.
47. Attendance of Counsel.
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RULE
48. Registrar's decision to be ifled.

49. Costs and grounds of decision.
50. Objection to decision.
51. No action on decision pending objection.
52. Decision to be final.
53. Direction under rule 51.
%
/
l
Time
54. Dispensing with delays in taking bail.
55. Duration of caveat.
Service Generally
56.
57.
58.
59.
Issue of instrument.
Service of instrument.
Service by Marshal.
Return of Service.
l
i
Short Cause
60. Consent to short cause.

61. Date of hearing.
62. No pleadings in short causes.
63. Lists of documents.
64. Particulars of claim and defence.
65. Evidence.
66. Costs.
67. Appeal.
68. Application of ordinary rules and practice.
i1
Arbitration
69. Arbitration.
General
70. Fees and Costs.
1
1
ORDER 61
ADMIRALTY
Interpretation,
1.
(1) Save as provided in this Order, these Rules shall where

applicable apply to Admiralty actions.
General Rules
applicable.
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(2) Order 20 rule 1 shall apply as if the words "or in an Admiralty

action" were inserted after the word "damages" in the ifrst line
thereof.
Interpretation.
2. In this Order"action" includes any action, cause, suit or other proceedings in the
Court;
"Court" means the High Court when exercising its jurisdiction as a
Court of Admiralty;
"party" includes the party's solicitor ;
(1
)
,
"Registrar" includes the Deputy Registrar of the Supreme Court ;

"ship" includes every description ,of vessel used in navigation not
propelled by oars only, whether Commonwealth or foreign.
Commencement of Proceedings
T
Admiralty
actions.
[R. 1/1970]
Form No. 1.
Form No. 2.
3. (1) Admiralty actions may be brought either in rem or in

personam and shall be commenced by writ of summons.
(2) The writ of summons in every Admiralty action in rem
shall be in Form No. 1 in Part 1 of Appendix W to these Rules with
such variations as circumstances may require and shall in addition be
signed by or on behalf of the Registrar.
(3) The writ of summons in every Admiralty action in personam
shall be in Form No. 2 in Part 1 of Appendix W to these Rules with
such variations as circumstances may require.
Writ of Summons and Procedure
Limitation
actions.
4. In actions to limit the liability of shipowners the plaintiff's.name

shall be set out if possible on the writ, which shall, where 'Practicable,
be directed to the principal defendants by name as owners of ,flie other
vessel, and also in general terms to all persons having claims arising
out of the colfiison.
No "four-day
5. The provision as to "four-day costs" in Order 4 rule 7 shall not

apply to Admiralty actions.
4.*
costs
Warrant of Arrest
6. (1) In Admiralty actions in rem a warrant for the arrest of
.ormo3
;fteraLifdavit.
property shall be in Form No. 3 in Part 1 of Appendix W to these
Rules with such variations as circumstances may require and may be
Arrest warrant
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issued at the instance either of the plaintiff or of the defendant at any

time after the writ of summons has issued.
(2) No warrant of arrest shall be issued until an affidavit by
the party or his agent has been ifled.
(3) Such affidavit shall state the name and description of the
party at whose instance the warrant is to be issued, the nature of the
claim or counterclaim, the name and nature of the property to be
arrested, and that the claim or counterclaim has not been satisifed.
(4) In an action of wages or of possession such affidavits shall
state the national character of the vessel proceeded against ; if such is
against a foreign vessel the afifdavit shall also state that notice of the
commencement of the action has been given to the Consul of the State
to which the vessel belongs, if there be one resident in Georgetown,
and a copy of the notice shall be annexed to such afifdavit.
(5) In an action of bottomry, the bottomry bond, with a notarial
translation thereof if the bond is in a foreign language, shall be
produced for the inspection and perusal of the Registrar, and a copy
of the bond, or of the translation thereof, certiifed to be correct, shall
be annexed to the afifdavit.
(6) In an action of distribution of salvage such affidavit shall
state the amount of salvage money awarded or agreed to be accepted,
and the name, address, and description of the party holding the same.
(7) An undertaking in writing by the solicitor who applies for
the issue of the warrant to pay the fees and expenses of the Marshal
shall be lodged before the issue of the warrant.
7. On an application in a summary way the Court or a Judge may

in any case, if the Court or Judge think fit, allow the warrant to issue,
although the affidavit mentioned in rule 6 may not contain all the
required particulars, and in an action of wages the Court or Judge may
also waive the service of the notice, and in an action of bottomry, the
production of the bond.
Service of Writ and Warrant
Waiving of
ofrut
requitNents
In Adniiralty actions in rem no service of writ or warrant shall Undertaking

be required vvhere the solicitor of the defendant agrees to accept taiCePt
serve
service and to put in bail, or to pay money into Court in lieu of bail.
8.
,
,
,
'
9. (1) In Admiralty actions in rem the warrant of arrest shall be

served by the Marshal or by a substitute appointed by the Registrar
whether the property to be arrested be situate within the port of
Georgetown or elsewhere within the jurisdiction of the Court.
Service of
warim nt of
arrest
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(2) The service of such warrant may be effected at any time and
on any day whatsoever.
(3) The Marshal or other person effecting service of the warrant,
shall, within six days from the service of the warrant ifle the same in
the Registry with a certificate of service indorsed thereon.
Service how
effected,
10. In Admiralty actions in rem, service of the writ of summons

or warrant a4ainst a ship, freight, or cargo or other property on board,
shall be effected by nailing or afifxing a certiifed copy of the writ or
warrant on the main mast, or on the single mast of the vessel or in the
manner prescribed in Order 7 rule 15.
Service where
cargo landed.
11. Where the cargo or other property has been landed or transhipped, service of the writ of summons or warrant to arrest the cargo,
freight or other property shall be effected by placing and leaving a
certiifed copy of the writ or warrant on the cargo or other property.
Where no
access to
cargo.
12. Where the cargo or other property is in the custody of a person

who will not permit access to it, or where the freight is in the hands
of any person or where there are proceeds in Court, service of the
writ or warrant may be made upon the custodian, person or registrar
as the case may be.
Appearance
Appearance in
actions in rem.
13. In an Admiralty action in rem appearance may be entered by

the "Owners of the ship", "Owners of the cargo or as may be as
collectively by such title, without ' naming them, and without the
production of the authority required by Order 10 rule 5.
Appearance
by intervener.
14. In an Admiralty action in rem any person not named in the

writ may intervene and appear on filing an afifdavit ikthe registry
showing his interest in the res under arrest or in theArid in the
Registry. The intervener shall forthwith dliver 4. -copy of such
appearance and aiffdavit on each party on the record'.
BQiI
Bail.
Form No. 4.
Form No. 5.
15. (1) In Admiralty actions in rem bail may be giyenVexeCgtjng,

before the Registrar or a Notary Public, and iflin04,00 R.egistry,
one or more bail bonds with one or more sureties, in' Fbrm No. 4 in
Part 1 of Appendix W to these Rule's.
(2) A bail bond shall not, except by consent, be filed until after
the expiration of twenty-four hours' from the time when a notice, in
Form 5 in Part 1 of Appendix W to these Rules, shall have been
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served on the adverse party and ifled in the Registry with a return of
service indorsed.
(3) A commission or fee paid to a person beco,ming surety to a
bail bond or otherwise giving security may be recovered on taxation :
>
Provided that the amount of such commission or fee; shall not

in the aggregate exceed one per cent, on the amount in which bail is
given.
(4) Any objection to a surety shall be decided by the Registrar.
If any party is dissatisifed the matter shall be forthwith referred to a
Judge in Chambers for final decision in a summary manner.
(5) In every case the surety or sureties shall justify unless
justiifcation be waived in writing by the adverse party.
i
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Default of Appearance
16. (1) In Admiralty actions in rem, if the defendandoes not

appear within the time limited for appearance, upon the ifling by the
plaintiff of a statement of claim, a certiifcate of non-appearance and a
request for hearing, the action shall, on the expiration of not less than
twenty-one days from the service of the writ, be entered on the Bail
Court List for hearing in accordance with Order 11 rule 11.
Hearing on
default.
(2) If, when the action comes before him, the Judge is satisifed
that the plaintiff's claim is well founded, he may pronounce for the
claim and may at the same time order the property to be appraised and
sold with or without previous notice, and the proceeds to be paid into
Court, or may make such order as he shall think just.
Pleadings
Admiralty action other than a short cause there shall

be pleadings 'unless the Judge shall otherwise order.
17.
In every
Pleadings.
Preliminary Act
l
18. (1) In actior4 for damage by collision between vessels, unless
the CoUrt or Judge otherwise orders, the plaintiff shall within seven
days after the ,commencement of the action, and the defendant shall,
within seven days after appearance, ifle with the Registrar a Preliminary Act before any other pleading is delivered.
Preliminary
Act
(2) The Preilminary Act shall contain a statement of the

following particulars(i) the names of the vessels which came into colli gion and
the names of their masters;
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(ii) the time of the collision ;

(iii) the place of the collision ;
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(iv) the direction and force of the wind ;

(v) the stale of the weather ;
(vi) the state and force of the tide;
(vii) the course and speed of the vessel when the other vessel
was ifrst seen or immediately before any measures were taken with
references to her presence, whichever was the earlier, and all
subsequent alterations to the course or speed of the vessel up to
the time of the collision ;
(viii) the lights (if any) carried by the vessel;
(ix) the distance, bearing and approximate heading of the
other vessel ivheii ifrst seen ;
(x) the lights (if any) of the other vessel which were ifrst seen;
(xi) whether any lights of the other vessel, other than those
ifrst seen, came into view before the collision;
(xii) what measures were taken, and when, to avoid the
collision ;
(xiii) the parts of each vessel which first came into contact
and the approximate angle between the two vessels at the moment
of contact ;
(xiv) what sound signals (if any) and when were given;
(xv) what sound signals (if any) and when were heard from
the other vessel.
In short causes in addition to the abovementioned particulars Preliminary Acts shall also contain(xvi) what acts of negligence, or what-breach of any navigation
rule, by-14w, or regulation, was committed 13Y` those in hate of
the other vessel;
and, in the case of the defendant,
(xvii) the name of any vessel, other than the plaintiff's vessel,
which the defendant alleges to haye caused the collition or damage,
or with reference to which those in charge of the defendant's
vessel had to act.
(3) The Preliminary Acts shall be sealed up before they are
ifled, and, unless the Court or Judge otherwise order, shall not be
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)
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opened until the pleadings are completed and a consent signed by the
parties or their solicitors to the opening of the Preliminary Acts is
ifled with the Registrar.
(4) Where the Court or a Judge orders the Preliminary Acts
to be opened, the Court or a Judge may, if it or he thinks ift4urther
order the evidence to be taken in the action without pleadings, but
where an order is made that the evidence should be so taken, any
party who intends to rely on the defence of compulsory pilotage shall
give notice in writing of his intention to do so to the other parties
within seven days from the opening of the Preliminary Acts.
Payment Out of Court
19. A party desiring to prevent payment of money out of Court

in an Admiralty action shall file a notice, and thereupon a caveat shall
be entered in the Admiralty caveat Book in the Registry and,,no payment out of Court shall take place thereafter except by Order of the
Court or a Judge or by consent in writing of the caveator.
Caveat
ga niirt
ent out.
tf
f
Default of Pleading
20. In Admiralty actions in rem, if the defendant makes default in

delivering a defence, the plaintiff may, subject to Order 25 rule 15, on
ifling a request for hearing, have the action entered on the Bail Court
List for hearing in accordance with Order 25 rule 9.
Default of
defence.
,
Release
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A
21. Property arrested by warrant shall only be released under the

authority of an instrument to be called a Release, issued from the
Registry.
Authority for
release.
22. A party, at: whose instance any property has been arrested,
may, before an appearance has been entered, obtain the release thereof
by ifling a notice that he withdraws the warrant.
Withdrawal of
warrant.
23. (1) A party may obtain the release of any property by paying
into the Registry the sum in respect of which the action has been
commenced.
Release on
payment in.
(2) Cargo, arrested for freight only, may be released :by ifling
an affidavit as to the value of the freight and by paying the arnount of
the freight into the Registry, or by satisfying the Judge that it has
already been paid.
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24. In an action of salvage, the value of the property under arrest

shall be agreed, or an afifdavit of value ifled, before the property is
released, unless the Court or a Judge shall otherwise order.
Release on
filing bail
bond, etc.
25. A party who shall have ifled a bail bond in the sum in respect
of which the action has been commenced, or paid such sum into the
Registry, and, if the action be one of salvage, if the value be not agreed,
shall have also ifled an afifdavit as to the value of the property arrested,
shall be entitled to a release for the same, unless there be a caveat
against the release thereof outstanding in the Admiralty Caveat Book.
Release to
be left at
Registry.
26. The release, when obtained, shall be left with a notice in the
Registry by the solicitor taking out the same, who shall also at the same
time pay all costs of all proceedings estimated down to judgment, and
all charges, and expenses attending the care and custody of the property whilst under arrest ; and the property shall thereupon be released.
Caveat against
release.
27. A party desiring to prevent the release of any property under

arrest, shall file in the Registry a notice, and thereupon a caveat against
the release of the property shall be entered in the Admiralty Caveat
Book in the Registry.
Release in
Sub-Registry.
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Salvage action.
Cap. 3:02
28. Where an action is proceeding in a Sub-Registry, the Sub-
Registrar shall, before authorising a release, ascertain by telegraph or

otherwise, from the Registry whether or not any caveat has been
entered there.
Delaying
release.
29. A party, delaying the release of any property by the entry of

a caveat, shall be liable to be condemned in costs and damages, unless
he shall show to the satisfaction of the Court or a Judge good and
sufficient reason for having so done.
Caveat against
arrest.
30. (1) A party, desiring to prevent the arrest of any property

may cause a daveat against the issue of a warrant for fir arrest thereof
to be entered in the Registry.
(2) The party shall cause to be filed in the Registry a nptice,

signed by himself or his solicitor, undetraking to enter an , appearance
in any action that may be commenced against the iaid property and
to give bail in such action in a SUM not exceedingan amount to be
stated in the notice, or pay such sum into the Registry;,and a caveat
against the issue of a warrant for the arrest of the propertY shall thereupon be entered in the Admiralty Caveat Book in the Registry.
(3) Where an action is proceeding in a Sub-Registry, the
Sub-Registrar (unless required to act under rule 32) shall, before
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issuing a warrant for the arrest of the property, ascertain by telegraph,

or otherwise, from the Registry, whether or not any caveat has been
entered against the issue of a warrant for the arrest thereof.
239
31. (1) A party, commencing an action against any property in Proceedings

respect of which a caveat against arrest has been entered in the awherecaveat
gai ns t a r rest .
Admiralty Caveat Book, shall forthwith serve a certiifed copy of the
writ upon the party on whose behalf the caveat has been entered, or
upon his solicitor.
(2) Within three days from the service of the writ or copy
thereof, the party on whose behalf the caveat has been entered shall, if
the sum in respect of which the action is commenced does not exceed
the amount for which he has undertaken, give bail in such sum, or pay
the same into the Registry.
(3) After the expiration of seven days from the service of the
writ or copy thereof if the party on whose behalf the caveat has been
entered shall not have given bail in such sum, or paid the sat& into
the Registry, the plaintiff may proceed with the action by default, and
on filing his proofs by afifdavits in the Registry under rule 35 may have
the action placed in the Bail Court List for hearing.
(4) If, when the action comes before the Judge, he is satisifed
that the claim is well founded, he may pronounce for the amount
which appears to him to be due, and may enforce the payment thereof
by attachment against the party on whose behalf the caveat has been
entered, and by the arrest of the property, if it then be or thereafter
come within the jurisdiction of the Court.
4
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32. Nothing in this Order shall prevent a party from taking out a
warrant for the arrest of any property, notwithstanding the entry of a
caveat against arrest in the Admiralty Caveat Book ; but the party, at
whose instance any property in respect of which a caveat is entered
shall be arrested, shall be liable to have the warrant discharged and to
be condernned in costs and damages, unless he shall show, to the
satisfaction of the Judge, good and sufifcient reason for having done
so.
Arrest despite
caveat.
1
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Trial
1
33. In Admiralty actions the Court or a Judge shall have power

at any stage of the proceedings in any such action, upon a motion or
summons by either party for an early trial to appoint that such trial
shall take place on any day or within any time which the Court or Judge
shall think ift ; and for such purpose the Court or Judge shall have
power to dispense with pleadings or with the giving of notice of hearing
Early trial.
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or any other notice, or to abridge the time or times appointed for

giving such notice, or for the delivery of pleadings, or for doing any
other act or taking any other proceedings in the action, upon such
terms (if any) as the nature of the case may require.
Trials with
Assessors.
34. Trials with assessors shall take place in such manner and upon
such terms is the Court or a Judge shall direct.
Evidence by
affidavit.
35. In default actions in rem, and in references in Admiralty

actions, evidence may be given by affidavit.
Sales by the Court

,
Sale of
property.
36. (1) The Court or Judge may either before or after ifnal judgment
order any property under the arrest of the Court to be appraised or
to be sold with or without appraiseinent and either by public auction
or by private contract.
(2) Where the property has been appraised it shall not be sold
at less than three quarters of the appraised value unless a Court or
Judge so orders.
(3) Every commission for the appraisement or sale of property
under the order of the Court shall, unless the Court or Judge shall
otherwise order, be executed by the Marshal and a party who takes
out a commission for appraisement or sale shall ifle an undertaking
to pay the fees and expenses of the Marshal if they are demanded.
!
Payment into
court of gross
proceeds.
37. The Marshal shall pay into Court the gross proceeds of any
property which has been sold by him and shall bring into Court the
account for sale with vouchers in support thereof for taxation by the
Registrar.
Taxation of
Marshal's
expenses.
38. Any person interested in the proceeds may be heard before the
Registrar on the taxation .of the Marshal's account of expenses, and
an objection to the taxation shall be heard in the same manner as an,
objection to the taxation of a solicitor's bill of costs. ,
Motions
Time for ifling
39. In Admiralty actions notice of motion

with the
afifdavits (if any) in support thereof, shall be filed in the Registry three
days at least before the hearing of the motion, unless leave shall be
given to the contrary; and on the day of ifling a copy of the notice of
motion and of the afifdavits (if an)) shall be served on the adverse
solicitor.
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Consents
40. In Admiralty actions any agreement or consent in writing

signed by the parties, may, if the Registrar thinks it reasonable and
such as the Judge would under the circumstances allow, be ifledand
shall thereupon become and have the same effect as an order of Court.
t_
Consent to be
Ord
ourt
er . of
References
41. The Court or a Judge or the parties by agreement in writing

ifled in the Registry, may refer the assessment of damages or the taking
of any account in respect of wages, necessaries, mortgages, bottomry
bonds or otherwise, to the Registrar eith7alone or assisted by one or
more merchants or other assessors.
Reference to
Registrar.
42. Within twenty-one days from the .day when the order for the Filing of
a Agaa vtiits.d
reference is made, or an agreement for a reference is ifled, the claimant clil
shall ifle the claim and vouchers and afifdavits, if any, and, except in
a limitation action, serve copies thereof on the opposite party ; failing
which the Court may, on the application of any other party, dismiss
the claim.
d
43. The claimant shall, except for a limitation action, after the
ifling of the claim and vouchers, obtain a , day for the reference either
by summonses or by agreement ; and when such day has been obtained
he shall lodge in the Registry a notice praying to have the reference
placed in the list for hearing.
I
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Day for
reference.
1
44. In a limitation action the day for , the reference will, after the Day for
expiration of the time limited by the Court for the ifling of claims, be
appointed by the Registrar; and upon receiving notice thereof, the
plaintiff shall place the reference in the list for hearing by lodging a
notice as mentioned in rule 43.
rfrece in
liemeitantion
actions.
45. At the time appointed for the reference, if any party be present, Hearing of
1
'\ 1
the reference may be proceeded with, but the Registrar may adjourn
the refeynce from time to time, as he may deem proper.
reference.
46. Evidence on a reference may be given viva voce or by affidavit

or in such other manner as may be agreed upon, and the evidence
may, on the application of either party, but at the expense in the ifrst
instance of the party on whose behalf the application is made, be taken
down by a shorthand writer appointed by the Court, and in such case a
transcript of the shorthand writer's notes:certiifed by him to be correct,
shall be admitted to prove the oral evidence of the witnesses on an
objection to the Registrar's report.
Evidence on
reference.
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Attendance of
Counsel.
High Court
47. Counsel may attend the hearing of a reference, but the expenses
attending the employment of Counsel shall not be allowed on taxation,
unless the taxing ofifcer shall be of opinion that the attendance of
Counsel was necessary.
Registrar's
decision to be
ifled.
48. When ,the hearing of the reference has been concluded, the
Registrar shall reduce to writing his decision, on the questions arising
in the reference, shall cause it to be filed and shall send to the parties
to the reference notice that he has done so.
Costs and
grounds of
decision.
49. The said decision shall include such order as to the costs of
the reference (so far as not already clispoSed of by the order or agreement under which the reference is hold or otherwise) as the Registrar
thinks ift, and shall also include such statement, if any, of the grounds
of the decision as the Registrar thinks fit.
Objection to
decision.
Cap. 3:02
50. Any party may, by motion in objection, apply to a Judge

Court to set aside or vary the said decision:
,.R
in
Provided that notice of the motion, spedfying the points of objection

to the decision, must be ifled within fourteen days of the date on which
notice of the decision has been sent by the Registrar under rule 48.
No action on
decision
pending
objection.
51. Unless the Registrar or the Judge otherwise directs, the said
decision shall not be acted up.on until the time has elapsed for ifling
notice of a motion in objection thereto, or while such a motion is
pending or remains undisposed of.
Decision to be
final.
52. Subject to rules 50 and 51 and to any order Made on appeal

from an order of the Judge under rule 50, the said decision shall be
ifnal, and shall not require the conifrmation of the Court .arid shall
have effect as from the filing thereof.
1
.
53. A direction shall not be given under rule 51 without the parties
being given an opportunity of being heard, but may,
i lRegistrar
announces his intended decision at the conclusion of the healitig of the
reference, be incorporated in his dedsion when`rectilceil td'. Writing
under rule 48.
Direction
under rule 51.
Time
i
Dispensing
with delays in
taking bail.
,
)
54. The delays required by these rules with respect to the .taking af :
bail in Admiralty actions may be dispensed with by consent of the
parties in the action.
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55. In Admiralty actions a cave* whether against the issue of a Duration of
)
, i
warrant, the release of property, or'the payment of money out of the

Registry, shall not remain in force for more than six months from the
date thereof.
caveat.
Service Generally
56. Every instrument, under the'seal of the Court, and prepared Issue of
in the Admiralty Registry, shall be issued on a notice ifled by the party

applying for the same, and shall bear date on the day on which it is
issued.
instrument.
57. Every instrument shall be served within twelve months from service of
the day on which it bears date, otherwise the service thereof shall not instrument.
be valid.
58. Every warrant or other instrument required to be served or Service by
executed by the Marshal shall be left with the Marshal by the party at
whose instance it is issued with written instructions for the service or
execution thereof.
M"shal'
59. The Marshal shall make a return of service or execution of

every instrument served or executed by him. The service or execution
of ,any instrument by any other person shall be verified by affidavit.
Return of
service.
i
Short Cause
60. The parties in an Admiralty action may have the same dealt
with, heard and determined in accordance with rules 61 to 68 inclusive
of this Order, upon ifling in the Registry or Sub-Registry a consent
signed by the parties in Form No 6 in Part II of Appendix W to these
Rules given below.
Consent to
short cause.
Form No 6,
T
61. After such consent has been ifled application may be made by
any,partyto the Judge in Chambers to appoint a day for the hearing,
and tb $46,direLicr tions.
Date of
hearing.
62. There ,shall be no pleadings save the preliminary acts or as

ordered by the Judge beyond the claim indorsed on the writ, but if there
be a counterclaim notice thereof shall be ifled and a copy served upon
the other party before such consent as aforesaid is signed.
No pleadings
causes
inshort
63. Lists of documents shall be exchanged and mutual inspection

of documents given at or before a time appointed by the Judge on the
hearing of the application aforesaid
Lists of
documents.
t
L.R.O. 111973
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LAWS OF GUYANA
I
High Court
[Subsidiary]
Rules
the High Court
O. 61
Particulars of
claim and
defence.
64. At the hearing of an application under rule 61, unless it shall

sufficiently appear from the writ or otherwise in writing, the plaintiff
shall specify the cause or causes of action in respect of which the action
is brought, and if practicable the amount actually claimed, and the
defendant shall specify the grounds 'of defence on which he relies and
in salvage claims the plaintiff and defendant respectively shall at the
same time, or within such time as the Judge shall direct, state the value
of their property and, if required, by affidavit. In the case of a counterclaim the cause or causes of action and the claim therein, and the
grounds of defence thereto, shall be similarly stated.
Evidence.
65. The Judge at the trial of a short cause shall be at liberty to

receive, call for, and to act upon, such evidence, documentary or otherwise, whether legally admissible or not, as he may think ift.
Costs.
66. If in any action the sum awarded, or for which judgment is

given, exceeds the sum, if any, tendered, the Judge may nevertheless
exercise his discretion as to how and by whom the costs shall be borne.
Appeal.
67. There shall be no appeal from any order or judgment of the

Judge, except on a question of law.
Application of
ordinary rules
and practice.
68. In other respects the ordinary rules and practice shall apply
so far as, may be necessary. Notwithstanding anything in rules 60 to 67
(inclusive) the Judge may, if he thinks ift, make such orders as he might
make under the ordinary rules and practice.
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Arbitration
I
Arbitration.
69. Where ksubmission to arbitration provides that the reference

shall be to a Judge, the Judge to whom application is made shall hear
and determine the matters agreed to be referred. The parties to any
such submission shall have the matters referred dealt with in, accor-:
dance with rules 60 to 68 inclusive.
General
Fees and
costs.
70. Subject to the provisions for fees and costs specifitiggiv Part
II of Appendix W, the fees and costs set forth in the appetiilielib the
Principal Rules shall be the scale of fees and costs allow-able in respect
of Admiralty actions.
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APPENDIX A
FORMS OF WRITS OF SUMMONS
(Order 3 rule 5)
FORM 1
GENERAL FORM OF WRIT OF SUMMONS
Demerara (or Berbice)
19 No.
In the High Court of the Supreme Cotirt of Guyana

Civil Jurisdiction
Plaintiff
Between A.B.
and
C.D. (and E.F.) Defendant(s)

To C.D., of
in the county of
You are commanded that within ten days (or the number of days
directed by the Court or Judge ordering service) after the service of this
writ on you, inclusive of the day of such service, you do cause an
appearance to be entered for you in an action at the suit of A.B., and
take notice that in default of your so doing the plaintiff may proceed
therein, and judgment may be given in your absence.
'Dated this
day of
19
(Memorandum to be subscribed on the writ)
(Where writ issued in Demerara)
,
The -defendant , (or defendants) may appear hereto by entering an
appearance (or appearances) either personally or by solicit4 at the
'
Registryat Georgetown.
(Where writ issued in Berbice)
A defendant who resides or carries on business within the County of

Berbi Kmay appear hereto by entering an appearance either personally
or bk:aol . Ai. at the:Registry at New Ainsterdam.
OMR
A de &dant who neither resides nor carries on btisiness within the

County of Berbice may enter appearance either at the Registry at New
Amsterdam or at the Registry at Georgetown.
(Indorsements to be made on the writ before issue thereof)

i
The p1tintiff's claim is for, etc.

This writ was issued by A.B. of
is
This writ was issued by G.H., of
, whose address for service

L.R.O. 111973
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[Subsidiary]
is
solicitor for the said plaintiff, who resides at,

or
This writ Was issued by J.K., of
is
, agent for
of
, solicitor for the said
plaintiff, who resides at
,
Registrar
And if authorization be indorsed)

I authorize the above-named G.H. to act as my solicitor in the matter.
(Signed) A.B.
(Indorsement to be made on writ after service thereof)
This writ was served by me at

or by (state method of service) on the
The
day of
19
on the defendant personally

19
day of ..
Marshal
FORM 2
SPECIALLY INDORSED WRIT
(Title as in Form No. 1)
To C.D. of
in the County of
You are commanded that at 9.30 o'clock in the .foOhoon

Monday, the
day of
19 ' , you do appeat before
the High Court, at the Law Courts, Georgetown, in an action at
the suit of A.B.; and take notice that in defaRlt alydilf 'so Ading,
the plaintiff may proceed therein, and judgment may tegiven against
you in your absence.
Witness, &c. (as in Form No. 1)
'
If the defendant desires to defend this action he shall, not later thalf
eleven o'clock in the forenoon of tlie day (not being a public 4c,i14A,AS7 )
immediately preceding,' that ifxed for his appearance,Ale all attvt, at the Registry at Georgetown setting forth his defence', od soiea boyy
of such affidavit, forthwith after ifling the same, on the plainti
(Memorandum to be subscribed on,the writ)
(Indorsement to be made on writ before issue thePel

o)
Statement of Claim.
The Plaintiff's claim is for, &c.
Particulars(Signed)
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[Subsidiary]
(or such sum as may be allowed on taxAnd the sum of $

ation) for costs. if the amount claimed is paid to the plaintiff or his
solicitor or agent within four days from the service hereof, further
proceedings will be stayed.
1,,
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(Other indorsements as in Form No. 1)
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FORM
WRIT FOR SERVICE OUT OF THE JURISDICTION, OR

WHERE NOTICE OF WRIT" IS TO BE SERVED
OUT OF THE JURISDICTION
To C.D., of
(here insert the
You are commanded, C.D., that within
number of days directed by the Court or Judge ordering the service or
notice) days after service of this writ (or notice of this writ, as the case
may be) on you, inclusive of the day of such service, you do cause an
appearance to be entered for you in an. action at the suit of A.B., and
take notice, that in default of your so doing the plaintiff may proceed
therein; and judgment may be given in your absence.
day of
19
Dated hi
,ts
' Memoranduni and Indorsement as in Form No. 1.
This Wilt,;(or notice of this Writ) was served etc. (as in Form No 1).
IndoriailieW tb be made on the writ before the issue thereof.
N.B.-,This Writ is to be used where the,defendant or all the defendants
or oncorinoredefendant or defendants is or are out of the jurisdiction.
When t4tdefendant-to be served is not a Commonwealth citizen, and is
'' ' not in a: ri omihnwealth territory, notice of this writ, and not.the writ
hteir, is to be served,upon him.

f.
FORM
4' .
' 'SPECIALLY INDORSED WRIT FOR SERVICE OUT

OF THE JURISDICTION
N. ,da
I
! 4\.a1
To C.D., of
You are commanded that at 9.30. o'clock in the forenoon on
Monday, the
day of
19 , (insert date fixed by the
Court or Judge ordering service out of the Jurisdiction) you do appear
'
L.R.O. 111973
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LAWS OF GUYANA
248
Cap. 3:02
High Court
[Subsidiary]
,
before the High Court of Guyana at the Law Courts, Georgetown,

in an action at the suit of A.B. ; And take notice that in default of your
so doing, the plaintiff may proceed therein, and judgment may be
given against you in your absence.
19
day of
Dated this
(Memorandum as in Form No. 2)
(Indorsement to be made on Writ before issue thereof)
Statement of Claim
The Plaintiff's claim is for, etc.;
Particulars(Signed)
(or such sum as may be allowed on

And the sum of $
taxation) for costs. If the amount claimed is paid to the plaintiff or his
solicitor or agent at least six days before the time fixed for appearance,
further proceedings will be stayed.
(Other indorsements as in Form No. 3).
FORMS OF NOTICES OF WRIT TO BE SERVED OUT OF THE

JURISDICTION
FORM
NOTICE OF GENERAL WRIT

To C.D., of
Take notice that A.B. of .
has commenced an action against
you in the High Court of Guyana by writ of that Court, dated the
day of ..
, 19 , which writ is indorsed as follows :
(copy in full the indorsements).
And you are required within . .... days after the receipt of this notice
inclusive of the day of such receipt to defend the said action:by causing
an appearance to be entered for you in the said Court.to the said action ;
and in default of your so doing, the said A.B. may proceed therein, and
judgment may be given in your absence.
The
ddy of
, 19
(Where Writ issued in Demerara)
You may appear to the said writ by entering an appearance either
personally or by solicitor at the Registry at Georgetown.
a
.
LAWS OF GUYANA
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Cap43:02
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[Subsidiary]
(Where Writ issued in Berbice)

You may appear to the said writ by entering an appearance either
personally or by solicitor at the Registry at New Amsterdam or at the
Registry at Georgetown.
(Signed) A.B. of
or G.H. of
Solicitor for A.B.
q
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APPENDIX B
1. FORMS OF GENERAL INDORSEMENTS FOR A LIQUIDATED
SUM
(Order 4 rule 3)
M
T
The plaintiff's claim is forfor agisting and feeding cattle.

Agistment.$.
for money deposited with the defendBanker's Balance.$
ant as a banker.
upon, a bill of exchange accepted
Bills of Exchange, &c.$
(or drawn or indorsed) by the defendant.
Or'
against the defendant A.B. as accept& and
,against 'the defendant, C.D. as drawer (or indorser) of a bill of
exchange.
Board and Lodging.$
for board and lodging.
upon a bond to secure payment of $
Bond.$
and
interest.
for calls upon shares.
Calls.$
Carriage of Goods.--$.:
for the carriage of goods by railway.
Co-debtor.$
for a contribution in respect of a joint
debt a:the plaintiff and the defendant, paid by the plaintiff.
&c.)
Comrnission.-- $..
rcommission
earned at (state character as
auctioneer, cotton broker,
Contribution by Surety.$
for a contribution in respect of
money paid by the plaintiff as surety.
Crops sold.$
the price of crops sold.
Del credere Agent.$
against the defendant as del credere
agent for the price of goods sold.
Fees, &c., as Solicitors.$
for fees for work done (and $
money expended) as a solicitor.
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Foreign Judgnzent.$
Court, in the
Freight and Denzurrage.$
General Average.$
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upon a judgment of the

for freight and demurrage.
for a general average contribution.
for the goodwill of a business sold
to the defendant.
for the price of goods sold.
Goods sold.$
for the hire of (furniture).
Hire of Goods.$
for interest upon money lent.
Interest.$
upon a policy of insurance upon the life of
Life Policy.$
deceased.
Marine. Insurance.$
upon a policy of insurance on a ship
on a voyage, underwritten for $
Medical Attendance. &c.$
for medical attendance.
Money entrusted to Agent.$
for a return of money entrusted
to the defendant as agent of the plaintiff.
Money lent.$
for money lent (and interest).
Money obtained by Fraud.$
for a return of money obtained
from the plaintiff by fraud.
for a'return of money overcharged for (the carriage of goods by
railway). Or $
for a return of fees overcharged by the
defendant as
Money paid by Mistake.$
for a return of money paid to the
defendant by mistake.
Money paid by Surety for Defendant.$
for money paid for
the defendant as his surety.
Money paid for Consideration which has failed.$
for a
return of money paid to the defendant for (work to be done, ,left
undone ; or a bill to be taken up, not taken up ; or as the case may be).
Or $
for a return of money paid as a deposit upon
shares to be allotted.
,
Money payable' under an Award.--$
for mwy payable under
an award.
.f.,
for money received by the defendant as
Money received.$
solicitor (or factor, or collector or as may be) of the plaintiff.
for money entrusted to the
Money won from Stakeholder.$..
defendant as stakeholder, and payable to plaintiff.
Primage or Average.$
for primage and average for the
conveyance of goods on board a ship.
for arrears of rent.
Rent.$
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[Subsidiary]
for a return of money

Return of Money by Stakeholder.--$
,
deposited with the defendant as stakeholder.
for arrears of salary as a clerk (or as the case
Salary, &c. $
may be).
against the defendant as surety for (the price of
Surety.$
goods sold).
Or $
against the defendant C.D. as principal, and
against the defendant E.F. as surety for the price of goods sold
(or arrears of rent, or for money lent, or for money received by
the defendant C.D. as traveller for the plaintiffs, or as may be).
for the use and occupation
Use and Occupation of Houses.$
of a house.
for the use of rooms and
Use of Furnished Apartments.$
apartments, with furniture and other goods therein.
Warehouse Rent.$
for the warehouse of goods.
Witness's Expenses.$
for expenses necessarily incurred by
him in attending as a witness to give evidence upon the trial of an
action.
E
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2. FORMS OF GENERAL INDORSEMENTS WHEN THE 'CLAIM

IS NOT FOR A LIQUIDATED SUM
1
._
,
,,
1
(Order 4 rule 3)
,
The plaintiff's claim is for
Accpunt.$
an account to be taken of.
Agent, &c.$
damages htr breach of a contract to employ
the plaintiff as traveller.
, damages for wrongful dismissal from the defend$
ant's emplgyfrient as traveller (and $
for arrears of
wages). L.
damages for the defendara's wrongfully quitting
$
the plaintiff's employment as manager.
$
damages for breach of duty as factor (or &c.) of the
plaintiff (and $
for money received as factor, &c.).
Arbitration. $
damages for non-compliance with the award

of.
Assault, &c.$
damages for assault and false imprisonment
(and for malicious prosecution).
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[Subsid iary]
damages for negligence in the custody of goods

(and for wrongfully detaining the same).
damages for negligence in the keeping of goods
$
pawned (and for wrongfully detaining the same).
damages for wrongfully neglecting (or refusing)
Banker .--$
to pay the plaintiff's cheque.
damages for breach of a contract to accept the plainBill.$
tiff's drafts.
Carrier.$
damages for refusing to carry the plaintiff's
goods by
damages for refusing to carry the plaintiff by
$
damages for breach of duty in and about the carriage
$
and delivery of rice by
damages for breach of duty in and about the carriage
$
and delivery of machinery by
Charter-party.$
damages for breach of charter-party of the
Schooner.
Claims for Return of Goods and Damages.Return of household
furniture (or &c.) or their value, and for $
damages for
detaining the same.
Copyright.$
damages for the infringement of the plaintiff's
copyright (and for penalties an an account).
Damages for depriving of Goods.--, .
damages for wrongfully
depriving plaintiff of goods, household furniture, &c.
Defamation.$
damages for libel contained in
damages for slander.
$
Wrongful distress.$
damOes for improperly distraining.
Declaration of Title and recovery afitent.--A declaration of his title to
(here describe property) and to %cover the rents thereof.
Ejectment.The recovery of possession of a house, Lot No.
Street situate in
in
Fraud.--$
damages for fraudulent misrepresentatidn on the
sale of a horse (or a business, or shares, or, &c.).
damages for a breach of a contract of
Guarantee.--$
damages for breach of s contract to
guarantee for $
indemnify the plaintiff as the defendant's agent to distrain.
Hire.$
damages for negligence in the custody of furniture
lent on hire (and for wrongfully, &c.).
Insurance.$
loss under a policy upon the ship and freight
or cargo (or for return of premiums).
Bailment.$
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Fire Insurance.$
253
[Subsidiary]
loss under a policy of fire insurance upon
house and furniture.

damages for breach of contract to insure a house.
$
c
d-amages for breach of contract to
Landlord and Tenant.$
keep a house in repair.
$
damages for breach of a covenant contained in a
lease of.
damages for injury to the plaintiff
Medical Practitioner.$
from the defendant's negligence as a medical practitioner.
damages for injury by the defend( ("Mischievous Animal.$
ant's (dog).
damages for injury to the plaintiff by the
Negligence.$..
negligent driving of the defendant or his servants.
damages for injury to the plaintiff while a passenger
$
by the negligence of the defendant's
on the defendant's
servants.
damages for injury by the
Negligence of Solicitor .$
defendant's negligence as solicitor of the plaintiff.
damages to his house, trees, crops, &c., caused
Nuisance.$
by noxious vapours from the defendant's factory (or, &c.). damages from nuisance by noise from the defend$
ant's works.
damages for infringement of the plaintiff's right
Pasture.$
of pasture.
damages for it fringement of the plaintiff's patent.
Patent.$
Promise of Marriage.$
t damages for breach of promise of
marriage.
Sale of Goods.$
damags for breach of contract to accept
and pay for goods.,
$
;,aamages for non4lelivery (or short deliwry, or
defective quality) of rice (or, &c.).
$
damages for breach of warranty of a horse.
Sale of Land.$
damages for breach of a contract to sell (or
purschase) land.
damages for breach of a contract to let (or take) a
$
house.
Seduction.$...
damages for the seduction of the plaintiff's
daughter.
Trade Mark .$
damages for wrongfully using (or imitating)
the plaintiff's trade mark.
0
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L.R.O. 111973
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[Subsidiary]
damages for wrongfully entering the

plaintiff's land and cutting his grass or using his road or path (or,
&c.).
Way.$
damages for wrongfully obstructing a way.
Work .$
damages for breach of a contract to repair a
house, &c.
$
for damages for breach of a contract to employ the
plaintiff to build a house, &c..;
T espass to Land.$
an injunction is sought, add to the indorsement)
And for an injunction to restrain the defendant from

(If a mandainus is sought, add to the indorsement)
And for a mandamus commanding the defendant to
3. FORMS OF SPECIAL INDORSEMENTS

(Order 4 rule 6)
STATEMENT OF CLAIM
Goods sold and delivered-
'
The plaintiff's claim is for the price of goods sold and delivered.
Pacticulars-19..1 31st December.
$ c.
Balance of accounts for groceries,tp this date (full particulars whereof have been delivered and exceed 3 folios)
19 " . 1st January to 31st-March groceries (as per account
rendered weekly).
19
1st February.Paid.
19 1st February.7-Paid.
Balance due.
Money had and received.The plaintiff's claim is for money received by the defendant (as the plaintiff's agent) for the use of the
plaintiff.
Particulars
19
1st January.
To amount of rent of Lot 5,
Street, $.,
c.
collected by the defendant.
,.
LAWS OF GUYANA
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[Subsidiary]
Payee against Maker of a Promissor; Note.The plaintiff's claim is

(as payee) against the defendant as Maker of a promissory note for
$
, dated
19 , payable four months after date.
Particulars
$ C.
Principal
Interest
Amount due
On a Guarantee for the Price of Goods, setting out the Guarantee.
The plaintiff's claim is for the price of goods sold and delivered by the
plaintiff to
under the following guarantee (by the defendant
to the plaintiff)
19
Sir,
In consideration of your supplying goods to

to see you paid.
I undertake
Yours, &c., C.D. (defendant)

To Mr. A.B. (plaintiff)
Particulars19 . 500 bar trice. at $
Amount due. ',
per bag
Creditor against Principal Debtor and his Surety severally ,:on a

Guarantee for Goods sold.The plaintiff's claim is against t txe defend-
ant C.D. as principal, and againsWhe defendant E.F. as surety, for the
price of, goods sold and delivei*Lby; the plaintiff to C.D. on the
guarantee by E.F., dated the
19
. Particulrs$ c.
19 . 2nd FebyuaryGoods
3rd MaithGoods
Amount due.
Claim to Detinue.--The plaintiff's claim is that the defendant

detained from the plaintiff the plaintiff's goods and chattels, that is to
say
The plaintiff claims a eturn of the said goods and
chattels (or their value) and damages foi . their detention. The plaintiff
also claims the sum of $
being arrears of hire purchase instalments due under an agreement in writing dated
and made
between the plaintiff of the one part and the defendant of the other
part.
Particulars
I
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L.R.O. 111973
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Cap. 3:02
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[Subsidiary]
4. FORM OF INDORSEMENT FOR COSTS
(Order 4 rule 7(2))

(or such sum as may be allowed on
And the sum of $
taxation) for costs. If the amount claimed is paid to the plaintiff or his
solicitor or agent within four days from the service hereof further
proceedings will be stayed.
" least six days
In the case of a writ for service out 6f the jurisdictionat
\
,
,
before the time fixed for appearance" should be substituted for "within
four days f om the service hereof."
APPENDIX C
FORM OF CERTIFICATE OF SERVICE OF
FOREIGN PROCESS
(Order 9 rule 9)
Registrar of the Supreme Court of ,Guyana, hereby
certify that the documents annexed heretq are as follows-
(1) the original letter Inquest ffir service of process received

of
from the Court or Tribunal at
in the
in the matter of
; and
versus
(2) the process received with *su'ch letter of request ; and
, the person named
(3) the evidence of service twoon
in such letter of request, togother with the v efification of a
Notary Public.
And I certify that such service so proved, and theproof thereof, are,
such as are required by the law and practice of the Supreme Court of
Guyana regulating the service of legal process in Guyana, and the
proof thereof.
And I certify that the cost of effecting such service, as duly certified
by the Taxing Officer of the Supreme Court, amounts to the sum of
Date,d this
day of
19
\
Registrar
,
1\
!
A
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, .
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APPENDIX D
,
FORMS OF MEMORANDUM OF APPEARANCE

1
(Order 10 rule 10)
I
,
FORM
GENERAL FORM' OF MEMORANDUM

(Title as in Form No. 1 in Appendix A)
in this action.
Enter an appearance for

Dated the day
of
19
(Signed)..
Defendant
or
Solicitor for the above-named defendant.
1
0
of whose address for
This appearance is entered by

service is at
or
This appearance is entered by

and place of business is at
resides at
of whose address for service

, Solicitor for the defendant who
(Where the entry of appearance limits the defence insert the following
after the words "this action" in the prece ing form.)
The said defendant lhnits his defence to part only of the property
mentioned in the writ of summops, namely, to (describe the part of the
propertyto which the defence is iimited).
0
2
FORM OF MEMORANDUM OF APPEARANCE TO
NOTICE ,
t
(Order 14 rule 18)

(Title as in .Notice)

to the notice issued in this action
day of
on the
19 , by the defendant
under Order 14 rule 18 of the Rules of the High Court.
Dated the
day of
19
(Signed)
This appearance etc.

L.R.O. 111973
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Cap. 3:02
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FORM
FORM OF MEMORANDUM OF APPEARANCE BY NEW

PARTY
(Order 15 rule 5)
(Title as in Order of Court)

Order dated this
day of
in this action.
Dated the
who has been served with an

to carry on the proceedings
day of
19
(Signed)
This appearance etc.
APPENDIX E
,
FORM 1
AFFIDAVIT AS TO GUARDIAN A.D LITEM
(Order 14 rule 11(3D'
'
(Title as in Form No. 1
Appendix A)
I, etc.
A.B. of
is a fit and proper person to act as guardian ad
litem of the above-named infantdefendant, and has no interest in the
matters in question in this action adverse to that of the said infant, and
the consent of the said A.B. to act as such guardian is hereto nexed.
Sworn etc.
I]
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FORM
L.
THIRD PARTY NOTICE
(Order 14 rule 17(3))

19 No.
Demerara (or Berbice)
In the High Court of the Supreme Court of Guyana.

Civil Jurisdiction.
LAWS OF GUYANA
Cap. 3:02
High Court
[Subsidiary]
Rules of the High CoUrt
A.B.
and
C.D.
and
E.F.
Between
259
Plaintiff
Defendant
Third Party.
THIRD PARTY NOTICE

, dated the
Issued pursuant to the Order of Mr. Justice

19
day of
To E.F. of
TAKE NOTICE that this action has been brought by the plaintiff
against the defendant. In it the plaintiff claims against the defendant
(here statesoneisely the n ure of the plaintiff's claim) as appears by
the indorsement on the writ of summons (or statement of claim) a copy
whereof is aeli*ed herewith.
The defendant claims againstyou (here state concisely the nature of

the claim against the third pgcty as for instance to be indemniifed
against the plaintits claim ao the,costs of this action or contribution
to the extent of (oneqq1f)9f tikplaintiff's claim) or (the following relief
or remedy natnelton"thegrd
s that (state concisely the grounds of
the .claim againStihe;thiml par" .
wish to dispute the plaintiff's claim

And,take notiOe. that if
against thee,defendant x th4adfendanes claim against you, you must
ithi t d
cause,:an OPearance tt b td' f
ft th
service Of this .nOtice uPon you
,entering such appearance, you will be deemed to
rt defanft of yiYik
adniit the plaintiff's claim against the defendant and the.clefenclant's
claim against you and your liability to (indemnify the defendant,or to
eohtribute to the e. tent claimed or to
statiiig the relief or
remedy sought) and-the validity of any judgment,that-may hesiven in
the action and you will be bound by such judgment and such judgment may be enforced against you pursuant to Order 14 of the Rules
of the High Court.
Dated the
day of ..
19
i
0
(Signed)
Solicitor of the defendants

Appearance is to be entered at the Registry in Georgetown (or tithe
action is proceeding in Berbice, in New Amsterdam).
1
L.R.O. 111973
'
LAWS OF GUYANA
260
High Court
Cap. 3:02
[Subsidiary]
FORM
MEMORANDUM OF SERVICE OF NOTICE OF JUDGMENT
(Order 14 rule 35)

Enter memorandum of service of notice of judgment made in this

action and dated the
day of
, 19 , on the undermentioned persons:
Name of Party Served
Dated the
day of
Date of Service
19
1
(Signed)
(Address)
FoRivf 4;
MEMORANDUM ON NOTVE,OF, 'AJOCTMENT
(Order 14, ruYe. 36)
TAKE NOTICE that from the time Ifilie,- , etvicOf thi notiOo yu.
(or as the case may be, the infant or pc
,on :64unsOund Ond),,,iyi).1
bound by the proce,edings in the aboveeause* the sole *nner as it

you (or the said infant or person of unsound mind) had beeii,originany
made a party, and that you (or the said infant 01.' 4pm:of unsound
mind) may, on entering an appearance at the Regi W Atend the proceedings under the within-mentioned judgment (or Order) and that you
(or the saidtinfant or person of unsound mind) may within one month
after the *vice of this notice apply to the Court to discharge, vary&
add to t4ejudgmtiii (or order).
APPENDIX F
FORM OF NOTICE TO BE INDORSED ON DEFENCE SE'TTING
UP A COUNTERCLAIM AGAINST A PERSON NOT ALREADY
A PARTY TO THE ACTION.
(Order 19 rule 13)

To the within-named
LAWS OF GUYANA
[Subsidiary]

,
TAKE NOTICE that if you do not appear to the within counterwithin ten days
claim of the within-named
from the service of th is defence and counterclaim upon you, you will be
liable to have judgment given against you in your absence.
Dated the
19
day of
Solicitor to the said

Appearance is to be entered at the Registry in Georgetown (or, if the
action is proceeding in Berbice, in New Amsterdam).
1
APPENDIX G
'
PART I
FORMS OF NOTICES A,')F.PAYMENT INTO COURT AND

TENDER AND PROCEEDINGS THEREON
1
I
FORM
NOTICE OF ay mENTp MONEY INTO COURT BEFORE

t' FENCE
'
' '
20 rule 1(3))
t3,'
k
,
who has entered an
o tice tat
h . e ' e fendant
.i.9,. ,t !walve action has paid into Court $
appe*
, and
s4.: is .,th,q.'te
is enough to satisfy the plaintiff's claim (or the
pfititatifkw4
)
19
Alated ihe
day of
i
, "To Mr.
,
Solicitor,for th6. Defendant.
The plaintiff's solicitor.
,,,
Foim 2
NOTICE BY PLAINTIFF OF ACCEPTANCE
INTO COURT
.OF SUM PAID

!

Take notice that the plaintiff accepts the sum of $
paid by
the defendant
into Court, in satisfaction of the cl im in
E
I
LAWS OF GUYANA
1
i
262
Cap. 3:02
High Court
Rules
the High Court
respect of which it is paid in (and abandons his other claims in this

action).
Dated the
day of
19
Plaintiff's Solicitor
, and to Mr.
To the above-named defendant

solicitor.
his
1
1
,
1
FORM
NOTICE OF ACCEPTANCE OF SUM PAID INTO COURT BY

ONE OR MORE OF SEVERAL DEFENDANTS
'
,
(Order 20 rule 4(2) and (4))

Take notice that the plaintiff accepts the sum of $
paid by
the defendant
into Court in satisfaction of his claim against
that defendant.
Dated the
day of
19
To Mr.
Solicitor for the defendant
Mr.
Solicitor for the defendant.
,. and
1 I
q
'
,
E
PART 2
FORM OF NOTICE BY PLAINTIFF CONFESSING DEFENCE (Order 22 and rule 3)

The plaintiff confesses the defence stated,in paragraph
the defendant's defence.
Dated the
day of
of
19
(Signed)
LAWS OF GUYANA
Cap. 3:02
High COurt
263
[Subsidiary]
APPENDIX H
FORM 1
FORM OF INTERROGATORIES
(Order 27 rule 5)
(Title as in Form No. I in Appendix A)
Interrogatories on behalf of the above-named (plaintiff' or defendant)
for the examination of the above-named (defendant or plaintiff):
1. Did not etc.,
2. Has not etc.,
etc. etc. etc.
1'
You are required to answer all the above interrogatories

or
1
(The defendant
numbered
is required to answer the interrogatories
The defendant
is required to answer the interrogatories
numbered
.)
Dated the ..
day of :
19
Solicitor for
,
l
FORM
E
-
FORM OF ANSWERS TO INTERROGATORIES

(Title as in F01711 No. 1)
The ari%weVbf the above-named

his examinad(SP by the above-named
1
C
In answer to the said interrogatories I

named
make oath and say as follows
1.
2.
etc.
etc. , etc.
the above-
FORM
C.'
to the interrogatories for
t
@
FORM OF AFFIDAVIT OF DOCUMENTS

(Order 27 rule 12) .
(Title as is Form No. 1)
, the above-named (defendant or plaintiff) make oath and

say as followsL.R.O. 111973
(
LAWS OF GUYANA
11
0
0
264
Cap. 3:02
[Subsidiary]
High Court
I
1. I have in my possession or power the documents relating to
the matters in question in this suit set forth in the ifrst and
second parts of the First Schedule hereto.
T1
2. I object to produce the said documents set forth in the

second , part of the said First Schedule hereto
(state
groimds qf objection).
3. I have had, but have not now, in my possession or power the

documents relating to the matters in question in this suit set forth
in the Second Schedule hereto.
4. The last-mentioned documents were last in my possession or

power on (state when, and what has become of them and in whose
possession they now are.)
5. According to the best of my knowledge, information and
belief, I have not now, and never had in my possession, custody
or power, or in the possession, custody or power of my solicitors
or agents, solicitor or agent, or in the possession, custody or
power of any other persons or person on my behalf, any deed,
account, book of account, voucher, receipt, letter, Memorandum,
paper, or writing, or any copy of or extract from any such document, or any other document whatsoever relating to the matters
in question in this suit, or any of them or wherein any entry has
been made relative to such . matters,
of' tfielii, other than
and except the documents set forth in the ,said. First and Second
Schedules hereto.
0
I
FORM
FORM OF NOTICE TO PRODUCE DOCUMENTS

FOR INSPECTION
(Order 27 rule 16)
Take notice that the (plaintiff or defendant) requires you to produce
for his inspection the following documents referred to in your (Statement of Claim or Defence, or affidavit sworn the
day of
19 )
Dated the
day of
19
Solicitor for the
v
I
LAWS OF GUYANA
High Court
Cap. 3:02
265

I
To:
Mr.
I
f
Solicitor for the

i
LIST OF DOCUMENTS
I.
2.
etc.
etc.
FORM
etc.
FORM OF NOTICE TO INSPECT DOCUMENTS

i
(Order 27 rule 17)
I)
Take notice that you can inspect the documents mentioned in your
, 19 , (except the deed%numday of
notice of the
in that notice) at (insert place of inspection) on
bered
instant between the hours of
and
next the
o'clock.
Or, that thPlamtoTor Defendant) objects to giving you inspection
day of
of the documen .6 merktioned in your notice of the
, 19. , on th*ground that (state . thi ground):
'day of
19
. .1E.lated,the
Solicitor for the
To Mr.
Solicitor for the
1
I
I
APPENDIX
FORM I
FORM OF NOTICE TO ADMIT DOCUMENTS

(Title as
(Order 28 rule 4)
in Form No. 1 in Appendix A)
Take notice that the

in this-cause proposes
to adduce in evidence the several documents hereunder specified, and
that the same may be inspected by the (defendant
his
solicitor or agent, at
, on
, between the hours
of
and
and the (defendant or pl intiff) is hereby
L.R.O. 111973
f. I
I
LAWS OF 'GUYANA
i
266
Cap. 3:02
High Court
[Subsidiary]
I
m
required, within ten days of the service hereof, to admit that such of
the said documents as are speciifed to be originals were respectively
written, signed, or executed as they purport respectively to have been;
that such as are specified as copies are true copies; and that such documents as are stated to have been served, sent or delivered, were so
served, sent, or delivered respectively ; saving all just exceptions to the
admissibility of all such documents as evidence in this cause.
And further take notice that if you do not within the aforementioned
ten days give notice that you do not-admit the said documents (or any
of them) and that you require the same to be proved at the trial you
shall be deemed to have admitted the said document (or documents)
unless the Court or a Judge shall otherwise order.
day of
, 19
Dated the
(Signed)
Solicitor for
(plaintiff or defendant)
To:
Mr.
Solicitor for (defendant or plaintiff)
(Here describe the documents)
1
o
FORM
I
m
,
.7-
FORM OF NOTICE TO ADMIr,FACTS
(Order 28 rule 6)
Take notice that the (plaintff or defendant) in this cause requires the
(defendant or plaintiff)to admit, for the purposes of this cause only, the
several facts respectively hereunder speciifed; and the (defendant or
plaintiff) is hereby required, within ten days from the service of this
notice, to admit the said several facts, saving all just exceptions to the
admissibility of such facts as evidence in this cause.
Dated this
, 19
day of
Solicitor for the
To Mr.
Solicitor for the
The facts, the admission of which is required, are1.
2.
etc.
etc.
etc.
i
I
{
_
LAWS OF GUYANA
,
High Court ,
I
Cap. 3:02
267
Rules of the High 7

Crt
FORM
FORM OF ADMISSION OF FACTS PURSUANT TO NOTICE
(Order 28 rule 6)
(Title as in Form No.
1)
I
The (defendant or plaintiff) in this cause, for the purposes of this

cause only, hereby admits the several facts respectively hereunder
speciifed, subject to the qualiifcations or limitations, if any, hereunder speciifed, saving all just exceptions to the admissibility of such
facts, or any of them, as evidence in this cause :
Provided that this admission is made for the purposes of this cause
only, and is not an admission to be used against the (defendant or
plaintiff)on any other occasion, or by any one other than the (plaintiff
or defendant or party requiring the admission).
19
day of
Dated the
1
I
Solicitor for the

To Mr.
Solicitor foi,thk.
1tA,
Qualiifcations or Limitations,
if any, subject to which they are
admitted.
Facts admitted-
1.
1.
2.
2.
etc.
etc.
etc.
FORM
etc.
GENERAL FORM OF NOTICE TO PRODUCE DOCUMENTS
I
,
(Order 28 rule 9)
(Title as in Form No.
T
I
1)
I
Take notice that you are hereby required to produce and show to the
Court on the trial of this cause all books, papers, letters, copies of
letters, and other writings and documents in your custody, possession,
,
L.R.O. 1115
LAWS OF GUYANA
268
High Court
Cap. 3:02
[Subsidiary]
or power, containing any entry, memorandum, or minute relating to

the matters in question in this cause and particularly:
1.
2.
(
etc.
etc.
etc.
This notice.
Dated the
day of
, 19
(Signed)
Solicitor for the
To the above-named
his solicitor.
and to Mr.
1
i
APPENDIX J
i
FORM OF ORDER FOR ACCOUNTS AND INQUIRIES
(Order 29 rule 16)
(Title as in Form No.1 in Api71ix'A)

BEFORE Mr. Justice
, the
, in Chambers':
day of
ENTERED the
UPON
etc.
, 19
day of
, 19
etc.
THIS COURT DOTH ORDER that the following accounts and

inquiry be ilcen and ma that is to say:
1
0
etc.
etc.
1. An account
2. An account
etc.
etc.
3. An account
etc.
etc.
etc.
etc.
4. An account
5. An inquiry what parts (if any) of the testator's estate are outstanding or undisposed of.
AND IT IS ORDERED
1
i
i
1
etc.
C.,
etc.
High Court
Cap. 3:02
269
[Subsidiary]
APPENDIX K
PART 1
FORM OF ENTRY FOR ARGUMENT
(Order 30 rule 5)
Set down the

dated the
day of
19 ,
of Mr.
, the
in this for hearing as a special case.
Dated the
day of
19
(Signed)
APPENDIX K
PART 2
FORM OF REQUEST FOR HEARING
I
REQUEST FOR HEARING
The Registrar is hereby requested to enter this action on the Hearing

List for hearing.
One complete copy of the whole of the pleadings is delivered herewith.
The hearing of this action is estimated to last
day(s) or not
less then
day(s).
Dated the
day of
19
Solicitor for the
APPENDIX L
FORMS OF SUMMONS TO WITNESS
FORM
FORM OF SUBPOENA AD TESTIF1CANDUM

(Title as in Form 1 in Appendix A)
To
n
LAWS OF GUYANA
270
Cap. 3:02
High. Court
[Subsidiary]
You are commanded to attend at the Law Courts, Georgetown

(or the Court House, New Amsterdam) at the sitting of the High
day, the
Court of the Supreme Court to be held on
day of
, 19 , at the hour of
in the
noon,
and so from day to day until the above cause is tried, to give evidence
on behalf of the
Dated this
day of
19
,
Registrar
FORM
GENERAL FORM OF SEIVOENA DUCES TECUM

(Title as in Form N. 1 in Appendix
,
A)
i
To
You are commanded etc. (as in Form 1, adding) and also to bring
with you and produce at the place and time aforesaid (specify documents to be produced).
Registrar
FORM
ORDER UNDER THE FOREIGN TRIBUNALS EVIDENCE

ACT, 1856
(Order 34 rule 50)

IN THE HIGH COURT OF THE SUPREME COURT OF
GUYANA
In the matter of the applied Act entitled the Foreign Tribunals
Evidence Act, 1856 (19 and 20 Vict., c. 113).
And in the matter of a (civil or commercial or criminal) proceedings
now
pending before (b)
(b)
Description of intituled as follows:
foreign
tribunals.
BETWEEN
Plaintiff,
and
Defendant.
LAWS OF GUYANA
-
High Cou t
Cap. 3:02
271
[Subsidiary]

[
Upon reading the affidavit (if any) of

19
filed the day of
, and the certificate of (c)
(c)
Name and
description of
the Ambassador,
Minister,
Diplomatic
Agent or
Consul, of
the foreign
country.
,
i
k
that proceedings are pending in the (b)
(b)
Description of
foreign
tribunals.
in (d)
(d)
Name of
foreign
country.
I
1
and that
,
such Court is desirous of obtaining the testimony of (e)
(e)
Names of
witnesses.
It is ordered that the said witness do attend before (f)
(f)
Name and
address of
examiners.
(g)
who is hereby appointed examiner herein at (g)

on the
day of
19
, at
o'clock,
or such other day and time as the said examiner may appoint, and do
there submit to be examined upon oath or affirmation, touching the
testimony so required as aforesaid, and do then and there produce (h)
I
\
.
\
And it is further ordered that the said examiner do take down in

writing the evidence of the said witness, or witnesses, according to the
rules and practice of the High Court of Guyana pertaining to the
examination and cross-examination of witnesses (or as may be otherwise directed); and do cause each and every such witness to sign his or
her depositions in his the said examiner's presence; and sign the
depositions taken in pursuance of this order, and when so completed,
do transmit the same, together with this order, to the Registrar,
Law Courts, Georgetown, for transmission to the President of the
said tribunal desiring the evidence of such witness or witnesses.
Dated this
day of
19
Place
appointed for
examination.
(h)
Description of
documents, if
any, required
to be produced .
'
I.,AWS OF GUYANA
272
High Cou t
Cap. 3:02
[Subsidiary]
FORM
CERTIFICATE UNDER THE FOREIGN TRIBUNALS

EVIDENCE ACT, 1856
,,
(Order 34 rule 52)

T
Registrar of the Supreme Court of Guyana, hereby

certify that the documents annexed hereto are (1) the original order of
the High Court of Guyana dated the
day of
, 19 ,
made in the matter of
pending in the
at
in
the
of
directing
the examination of
certain witnesses to be taken before, and (2) the examinations and
depositions taken by, the said
pursuant to the said order, and
duly signed and completed by him on the
day of
,
19
Dated this
)
A
A
, 19
day of
Registrar
m
m
i
APPENDIX M
FORMS OF REQUEST FOR ISSUE, OF WRIT
(Order 36 rule 17)
SALE OF MOVABLF, AND IMMOVABLE PROPERTY
FORM 1
(Title as in Form 1 in Appendix A)

TO the Registrar of the Supreme Court.
Seal a Writ of Execution, directed to the Marshal, to levy on the

and interest thereon
for the sum of $
property of
day of
per cent per annum from the
at the i-ate of
costs)
19 , (and $
Judgment (or Order) dated the
(Taxing Officer's Certificate dated the
19 ).
Dated the
day of
day of
, 19
day of
, 19
(Signed)
Solicitor for
3
LAWS OF GUYANA
Cap. 3:02
High Court
273
[Subsidiary]

POSSESSION
)
FORM 2
(Title etc. as in Form No. 1)
Seal a Writ of Possession directed to the Marshal to deliver possession to

of
k
'
Judgment dated the
day of
Dated the
T
T
, 19
, 19
day of
(Signed)
Solicitor for
I
1
DELIVERY
FORM
Seal a Writ qf Delivery directed to the Marshal to make delivery

to
Judgment dated the
Dated the
day of
day of
19
, 19 .
(Signed)
Solicitor for
I
ATTACHMENT
4
(Title etc. as in For No. 1)
FORM
Seal, in pursuance of Order dated the

day of
19 , a Writ of Attachment directed to the Marshal against
(for not delivering to
or as the case may be).
C
Judgment dated the

Dated the
day of
day of
, 19
, 19 .
(Signed)
Solicitor for
L.R.O. 111973
I
LAWS OF GUYANA
274
Cap. 3:02
[Subsidiary]
SEQUESTRATION
FORM 5
(Title etc. as in Form No.
1)
Seal, in pursuance of Order dated the

day of
,
19 , a Writ of Sequestration directed to the Marshal against
for (not paying the sum of $
into Court or as the case may be).
Judgment dated the
day of
, 19
Dated the
day of
, 19
(Signed)
Solicitor for
1
FORM.S OF WRIT OF EXECUTION

(Order 36 rule 18)
FORM
WRIT OF SALE OF MOVABLE AND IMMOVABLE

PROPERTY
1)
To the Marshal.
You are commanded to seize and sell so much, of the. movable
as shall be sufifcient to satisfy the sum of
property of C.D. of
$
being the amount due under the judgment (or order) of this
day of
Court, dated the
, 19 , together with
interest thereon at the rate of
per cent per annum from the
,19 , and together with the sum of $
day of
the amount of costs due under the said judgment (or order) as appears
day of
by the certificate of the Taxing Officer, dated the
, 19.,..., and together with the costs and charges of executing
this writ. And if sufifcient movable property be not found to satisfy
the said judgment, together with interest and costs, this is to command
you to seize and sell so much of the immovable property of the said
C.D. as shall be sufifcient to satisfy the said judgment and the amount
of the said interest and costs. And this is further to direct to you return
this writ to the Registrar of the Supreme Court immediately after you
shall have executed or failed to execute the same, with an indorsement
thereon showing in what manner you have executed the same, or the
reasons why you have failed to execute it.
, 19
day of
Dated this
(Signed) M.N.,
Registrar
'
.
,
\
,
\/41
LAWS OF GUYANA
High Court
Cap. 3:02
FORM
275
[Subsidiary]
WRIT OF POSSESSION

day of
Whereas by the judgment of this Court dated the
19 , it was ordered that A.B. do recover possession of
(describe the property).This is therefore to command you to enter upon
the said property and to remove C.D. or the person presently in
occupation thereof, and to deliver possession of the said property to
A.B.
(Add directions for return and indorsement of writ.)
,
1
FORM 8
WRIT OF DELIVERY
(Title etc. as M Form No. 1)

day of
19 C.D. was directed tc; deliver to A.B. the following
chattels (here mnumerate chattels ordered to be delivered). This is
therefore to.-cOntinand you to cause the said chattels to be returned to
A.B. AO:this is further to command you that if the said chattels
cannot be found t you do levy upon and seize all the movable and
immovable property of the said C.D., and retain the same in your
custody until C.D. delivers the said chattels to A.B.
0
FORM
The like, but instead of distress until the chattels are returned
commanding the Marshal to levy on the Defendant's goods the
assessed value of the chattels (proceed' as in Form No. 8 down to the
t and then this) you do seize and sell so much of the movable property
of the said C.D. as shall be sufficient to satisfy the sum of $
(assessed value of chattels).*
(Add directions for return and indorsement or writ.)
(If it is wished to include damages; costs and interest, proceed to
the * and continue thus) and also the sum of $
(damages),
together with interest thereon at the rate of
per cent per
annum from the
day
of
19 , which said
sum and interest were ordered to be paid under the said judgment, and
together with $
the amount of costs due under the said
judgment as appears by the certificate of the Taxing Officer, dated the
L.R.O. 111973
,
i
3
LAWS OF GUYANA
276
[Subsidiary]
Cap. 3:02
High Court
day of
19 , and together with the costs and
charges of executing the writ.
FoRM 10
WRIT OF ATTACHMENT
This is to command you, in pursuance of the order of this Court
dated the
day of
19 , to attach the said C.D., and
convey him to the gaol at
, and deliver him to the gaoler,
together with this writ to the intent that he be there detained at his
own cost and charge until the
day of
19 , or
until the further order of the Court.
1
FORM 11
WRIT OF SEQUESTRATION
day of
19 , C.D. was directed to (pay money into courtor perform
any other act).
This is therefore to command you, in pursuance of the order of

this Court dated the
day of
19 , to enter upon
the immovable property of the said C.D., and to collect, receive,
sequester and get into your hands not only all the rents and proifts of
his immovable property, but also all his goods and chattels whatsoever,
and detain and keep the same under sequestration in your hands until
the said C.D. shall (pay into Court or perform the other act as the case
may be) and clear his contempt or until the further order of the Court.
APPENDIX N
GENERAL FORM OF SUMMONS

(Order 41 rule 2)
FORM 1

I
Let all parties concerned attend the Judge in Chambers on
day of
, 19 , at
o'clock in the
day, the
LAWS OF GUYANA
High Court
Cap. 3:02
[Subsidiary]
noon, on the hearing of an application on the part of

order that etc. (setting out the order to be applied for).
Dated the
day of
277
for an
, 19
This summons was taken out by

for
of
solicitor
To
FORMS OF ORIGINATING SUMMONS

(Order 41 rule 5)
FORM
GENERAL FORM
19 , No.
In the High Court of the Supreme Court of Guyana

Civil Jurisdigtion.
,
(If the qtiestion, ,to be determined arises in the administration of an
estate or a trust entitle it also in the matter of the estate of trust).
Between
Plaintiff,
Defendant
Let
of
within eight clays after
service of this summons on him inclusive of the day of such service,
cause an appearance to be entered for him to this summons, which is
issued upon the application of
of
who claims to be
(state the nature of the claim) for the determination of the following
questions:
(State the questions)
I
)
/
A.B.
and
C.D.
Dated the
day of

named.
, 19
, solicitor for the above-
The defendant may appear hereto by entering appearance either

personally or by solicitor at the Registry.
Note: If the defendant does not enter appearance within the time
and at the place above mentioned, such order will be made and proceedings taken as the Judge may think fit and expedient.
L.R.O. 111973
i
LAWS OF GUYANA
High Court
I
I
Rules of the High Cottrt
[Subsidiary]
FORM
FORM OF ORIGINATING SUMMONS NOT
INTER PARTES
19
No.
i

In the matter of the Trusts of the Will of A.B. And in the matter of
the Trustee Act, 1893 (or as the case may be).
)
1
Let
in the county of
within eight
of
days after service of this summons on him, inclusive of the day of such
service, cause an appearance to be entered for him to this summons,
which is issued upon the application of
of
in the
county of
for an order that (state the object of the application).
Dated the
day of
, 19

the above-named.
of
solicitor for
The respondent may appear hereto by entering appearance either

personally, or by solicitor at the Registry.
Note: If the respondent does not enter appearance within the time
and at the place above mentioned, such order will be Made and proceedings taken as the Judge may think ift and expedient.
FORM
FORM OF EX
PAR.TE
ORIGINATING SUMMONS
19
, No.

In the matter of A.B., an infant (or
Let all the parties concerned attend the Judge in Chambers at the
time speciifed in the margin hereof, on the hearing of an application on
the part of the above-named an infant, by C.D. his next friend,
that, &c. (setting out the order to be applied for).
the applicant.
of
solicitor for
--
LAWS OF GUYANA
,
High Court
Cap. 3:02
279
[Subsidiary]
1
FORM
FORM OF NOTICE OF APPOINTMENT TO HEAR

ORIGINATING SUMMONS
(Order 41 rule 7)
(Title as in Form No. 2 or No. 3 of Forms of Originating Summons)
To (insert the name of the defendant or respondent) Take notice that

you are required to attend the Judge in Chambers on
day of
o'clock in the
noon, for the
, 19 , at
hearing of the originating summons issued herein on the
day
of
, 19 , and that if you do not attend in person or by solicitor at the time and place mentioned, such order will be made and
proceedings taken as the Judge may think just and expedient.
(Signed)
Solicitor for the Plaintiff
(or applicant)
1
FORM
GENERAL FORM OF ORDER

(Order 41 rule 19)
(Title as in Summons)
Before Mr. Justice

, in Chambers
the
day of
, 19
Entered the
day of
, 19
Upon hearing
and upon reading the afifdavit of
,
filed the
day of
, 19 , and
It is ordered
and that the costs of this application be
0
E
APPENDIX 0
FORM OF SUMMONS BY REGISTRAR

(Order 43 rule 17)
19 , No.
IN THE HIGH COURT OF THE SUPREME COURT OF

GUYANA
Civil Jurisdiction
(Title as in proceedings in which issued)
You are hereby summoned to attend before the Registrar at
on
day the
day of
, 19 , at
L.R.O. 111973
1
_
LAWS OF GUYANA
280
Cap. 3:02
[Subsidiary]
High Court
:11

i
o'clock in the
noon, to be examined (or to be examined as a
witness) on the part of the
, for the purpose of the proceedings
directed by Mr. Justice
to be taken before the Registrar.
Dated this
day of
, 19
, Solicitor for
<
To
APPENDIX P
FORM 1
FORM OF NOTICE OF CLAIM TO GOODS TAKEN IN

EXECUTION
I
Take notice that A.B. has claimed the goods (or certain goods)
[where only certain goods are claimed here enumerate them] taken in
execution by me, under the warrant of execution issued in this action.
You are hereby required to admit or dispute the title of the said A.B. to
the said goods, and give notice thereof in writing to . trie or to the
Registrar within four days from the receipt of this notice, failing which
I shall apply for an interpleader Order. If you admit the title of the said
A.B. to the said goods and give notice thereof in manner aforesaid you
will only be liable for any fees and expenses incurred prior to the
receipt of the notice admitting the claim.
Dated, &c.
To the execution creditor
(Signed)
Marshal
1
FORM
FORM OF NOTICE OF ADMISSION OR DISPUTE OF TITLE

OF CLAIMANT BY EXECUTION CREDITOR

Take notice that I admit [or, dispute] the title of A.B. to the goods
[or, to certain of the goods, namely (set them out)] seized by you under
the execution issued under the judgment in this action.
..
E
LAWS OF GUYANA
Cap. 3:02
-- - -
High Court
Rules of the High COliri
281
[Subsidiary]
Dated, &c.
1
(Signed) Execution Creditor
or
Solicitor
To the Marshal or Registrar
r
APPENDIX Q
FORMS FOR USE ON APPEALS
(Order 46 rule 37)
FORM
FORM OF TITLE AND REFERENCE TO RECORD

of 19
(a) No.
ln the Court of Appeal of the Supreme Court

On appeal from the High Court of the Supreme Court.
A.B.
C.D.
Between
(Plaintiff)
and
(Defendant)
Appellant
Respondent
or
(b) No.
of 19
In the Full Court of the High Court of Guyana.

(I . f so) On appeal from the Magistrate's Court for the
Magisterial District.
Between
A.B.
(Plaintiff)
Appellant
and
C.D.
(Defendant)
Respond nent
of 19
((c) No.
FORM
)1 (
FORM OF FORMAL PARTS OF NOTICE OF MOTION

(Title and reference to the record: see Form 1)
Take Notice that this Court will be moved on a day and at an hour of
which you shall be informed by the Registrar by Mr.
of
L.R.O. 111973
1
T
i
LAWS OF GUYANA
282
High Court
Cap. 3:02
[Subsidiary]
Counsel on the part of the (as may be) that (here state concisely the
object and grounds of the motion).
Dated the
day of
Solicitor for the

1
19
To Mr. G.H., solicitor for the
E.F.
(as may be).
(as may be)
Or: To
(as may be) in person.
the
(And if so) To
Esquire the Magistrate of the
(above-named) Magistrate's Court.
FORM
FORM OF FORMAL PARTS OF MOTION PAPER

(Title and reference to record: see Form 1)
Mr.
of counsel on behalf of the
(as may be) to
move the (here state concisely the object and grounds of the motion).
Dated the
day of
19
Solicitor for the
E.F.'
(as may be).
Indorse the motion paper as follows:

(Short title and reference to record).
To move on behalf of the
(as may be) as within.
(If so) An afifdavit in support accompanies.
(Add at foot name and address of solicitor instructing.)
-
FORM
FORM OF NOTICE OF APPEAL MOTION

(Formal parts see Form 2)

On the part of the (as may be) that the judgment (or order) in this
action (or as may be) and dated the
day of
19
(If the appeal be om part only of the judgment or order add)
so far as it directs that (here specify the part of which complaint is made)
may be reversed
,
I
LAWS OF GUYANA
High COurt
Cap. 3:02
1
a
and that it inay be adjudged (or ordered) that (state the relief claimed).
And further take notice that the following are the grounds of (or
reasons for) appeal (state the grounds concisely).
(Add date, signature of solicitor or party giving the notice and name
of solicitor or party and (if so) magistrate, to whom it is given: see
Form 2.)
`-
FORM '5
FORM OF NOTICE OF REASONS FOR APPEAL WHEN

GIVEN SEPARATELY
Take notice that the following are the reasons for the appeal herein
19
notice whereof is dated the
day of
(here follow the reasons for appeal).
Dated &c.: (conchae as directed in Form 4).
FORM
FORM OF PRAECIPE ON SETTING DOWN MOTION FOR

HEARING
Enter this appeal from the judgment (or order) of
action (or as may be) dated the
day of
Dated, &c.
(Name and address of solicitor or party setting down.)
in this
19
FORM
FORM OF NOTICE OF HEARING

y.
283
[Subsidiary]
of the High Court
Take Notice that the Registrar has appointed

the
day of
19 at
of the clock in the forenoon for the
hearing of the above appeal (or application).
Dated the
day of
19
Registrar of the Court.
To Mr.
solicitor for the appellant (or applicant).
To Mr.
solicitor for the respondent.
or to A.B. the (as may be) in person.
LAWS OF GUYANA
q
1
284
Cap. 3:02
High Court
FORM
FORM OF RESPONDENT'S NOTICE OF INTENTION

TO CONTEND THAT JUDGMENT OR ORDER APPEALED
FROM OUGHT TO BE VARIED
(Titk and reference to record: see Form 1)
Take Notice that upon the hearing of the above appeal the respondent intends to contend that the said judgment (or order) should be
reversed or varied so far as it directs that (here specify the part of the
judgment or order of which complaint is made). And that instead thereof
it should be adjudged (or ordered) that (here state the relief claimed).
day of
19 .
Dated the
G.H.
Solicitor for the respondent
To E.F. Solicitor for the appellant.
Or : To A.B. the appellant in person.
FORM
FORM OF APPLICATION FOR COPY OF JUDGE'S NOTES

I hereby apply for a copy of the notes of
hearing of this action (or as may be).
day of
19
Dated the
taken at the
1
FORM 10
FORM OF APPLICATION FOR LEAVE TO APPEAL

AFTER EXPIRATION OF TIME LIMITED
Let all parties concerned attend the Judge in Chambers on
day of
o'clock in the
day the
, 19 , at
. noon on the hearing of an application on the part of the (as
may be) that notwithsta.nding the time limited has expired he may be
at liberty to serve and set down for hearing a notice of motion by way
of appeal from the judgment (or order) in this action (or as may be)
day of
19
dated the
Or : from so much of the judgment (or order) in this action (or as
day of
19 , as directs that
may be) dated the
(state direction of which complaint is desired to be made).
An affidavit in support accompanies.
Dated &c. (conclude as in Form 2).
,
LAWS OF GUYANA
Cap. 3:02
High Court
..
285
[Subsidiary]
FORM 11
i
FORM OF DEMAND FOR SECURITY FOR COSTS OF APPEAL

Dear Sir,
A.B. v C.D.
I require
On behalf of the respondent on appeal in this
days to give to the respondent
of the appellant within
security for the payment of the respondent's costs of the said appeal
on the ground that (stating the special grounds), otherwise I shall
apply to the court for an order that the appellant shall give that
security.
Yours &c.,
Respondent's solicitor
Dated the
}
t
day of
19
O
1
To Mr. E.F. Appellant's solicitor.
FORM
12
FORM OF APPLICATION FOR SECURITY FOR COSTS
OF APPEAL
(Formal parts: see Form 2)

On the part of the respondent that the appellant may be ordered to
give security to the satisfaction of the Registrar in the sum of
to answer the costs of his appeal from the judgment (or order) dated
the
day of
19 And that the said appeal may not
be placed in the paper for hearing until
days next after the
security has been given and notice thereof given to the applicant. And
that the costs of this application may abide the result of the appeal.
Dated &c. (conclude as in Form 2).
FORM
13
FORM OF ORDER FOR SECURITY FOR COSTS OF

APPEAL
(a) No.
of 19
In the Full Court of the High Court of the Supreme Court of Guyana.
(a) Record of
Full Court or
as may be.
I
LAWS OF GUYANA
,
[Subsidiary]
Rules
the High Court
Between A.B.
(Plaintiff)
Appellant
(Defendant)
Respondent
and
C.D.
The
i
day of
19
Upon application made this day on the part of the respondent and
upon hearing counsel for the respondent and the appellant and upon
day of
filed the
reading the affidavit of
19 (or instant). It is ordered that the appellant do within
days from the date of this order procure some sufficient person on his
behalf to give security (to the satisfaction of the Registrar of this
Court in case the parties differ) by bond to the respondent in the sum
of
conditioned to answer costs in case any shall be awarded
to be paid by the said appellant on his appeal against the judgment (or
order) of
dated the
day of
19
But the
said appellant is to be at liberty instead of giving such security as
aforesaid to lodge within the same period the sum of
in
Court. And it is ordered that in default of the said appellant giving
such security or making such lodgment as aforesaid within the time
aforesaid the said appeal do stand dismissed out of Court without
further order. And in that case that the said appellant do pay to the
respondent his costs occasioned by the said appeal and of this
Order to be taxed.
By the Court.
(L.S.)
i
APPENDIX R
SCALES OF COSTS
(Order 49 rule 7)
SCALE I
GENERAL TARIFF ATTENDANCES
1.
At Registry
(i) for the filing, issuing and sealing of writs of
summons and other documents originating
proceedings ...
(ii) for the filing, issuing and sealing of other documents
(iii) for taxation and taking up of bills of costs ...
(iv) to ifle or take up any document or for any
other purpose ...
$ c.
5.00
3.00
5.00
2.00
1
1
,
LAWS OF GUYANA
High Court
Cap. 3:02
...
...
...
...
...
...
...
...
...
...
$ c.
15.00
10.00
20.00
Before or on Registrar
(i) for any special purpose
...
...
...
(ii) on the hearing of any application or summons
3.00
5.00
4.
Every necessary attendance other than those speciifed
2.00
5.
On Counsel
...
...
(i) for every necessary consultation
(ii) in Chambers or Court
...
...
...
(iii) in Court on trial of action, cause or matter if
...
...
Solicitor is present in person ...
(iv) to settle or sign pleadings and other documents
or for any other essential purpose ...
...
2.
3.
II
6.
I
f
7.
T
7
8.
9.
- --
10.
Before or on Judge
(i) in Bail Court ...
(ii) in Chambers
(iii) in Court
...
...
On opposite party or his Solicitor

(i) to serve or deliver documents before receipt of
notice of appearance or address for service ...
(ii) if at a distance of more than two miles from
the office of the Solicitor for each mile beyond
such two miles therefrom (in addition to cost
by public conveyance)
...
...
(iii) Through an agent, the same fees plus for
correspondence (in addition to disbursements) ...
...
...
...
...
...
(iv) where more than one attendance is nece ssary
to effect service or delivery for each attendance
in excess of one in the discretion of the
Registrar
...
...
...
...
...
(v) to serve or deliver a document at an address
for service
...
...
...
...
...
287
[Subsidiary]
,
I
5.00
10.00
20.00
2.00
3.00
.30
2.50
2.00
1.50
Carbon copies where no other provision is made, per

folio
...
...
...
...
...
...
...
.15
Fair or original copies where no other provision is

made, per folio
...
...
..
.25
Fair or original copies of documents for ifling,

service or delivery per copy ..
...
...
...
Fair or orisinat c.00 oc pleadings for use of the )uclge
1.00
5.00
LAWS OF GUYANA
1
]
1
288
High Court
Cap. 3:02
1 1.
12.
Ofifce or carbon copies of writs of summons and

other documents required for sealing and service ...
$ c.
.75
If any copy exceeds in length the equivalent number

of folios at the appropriate general copying charge,
per folio in excess thereof
...
...
...
...
(i) for fair copies ...
(ii) for carbon copies
...
...
...
...
.25
.15
N.,
.=,
DRAWING DOCUMENTS
13.
Accounts
...
5.00
14.
Affidavits
(i) for ex parte applications
...
...
...
(ii) in proceedings for discovery ...
...
...
(iii) in support of or in reply to special applications
(iv) of service
...
...
...
...
...
(v) Under Order 12
...
...
...
...
(vi) other afifdavits
5.00
7.50
10.00
2.50
5.00
2.00
15.
Appearances
...
...
2.50
16.
Bills of Costs
(i) where total of bill is under $250.00 ...
(ii) where total of bill is under $500.00 ...
(iii) where total of bill is $500.00 and over
...
...
...
2.50
5.00
7.50
Briefs on the hearing of any action, appeal issue of

fact or law or other final proceedings including documents to accompany ...
...
...
...
...
25.00
Briefs on the hearing of interlocutory proceedings

including documents to accompany
...
...
10.00
19.
Cases
...
...
...
...
...
...
15.00
20.
Interrogatories ...
...
...
...
...
...
7.50
21.
Judgments (final)
(i) for liquidated sum
(ii) in other cases ...
...
...
...
...
...
...
...
3.00
5.00
22.
Letters ...
...
...
...
...
2.00
23.
Notices
(i) of motion
...
...
...
...
(ii) of writ for service in lieu of writ
...
(iii) Special notices (Notices to Produce, etc.)
(iv) Third party notices ...
...
...
(v) Other notices ...
...
...
...
17.
18.
...
...
...
...
...
...
...
...
...
...
...
...
)
' ._
-1
...
...
...
...
...
7.50
5.00
3.00
7.50
2.00
,1
4'
I
Ak.
LAWS OF GUYANA
-t
High Court
Cap. 3:02
289
[Subsidiary]
''' N
C.
3.00
24. Orders
25.
Particulars
26.
Pleadings
(i) Statements of Claim or Defences
...
...
(ii) Counter claims
...
(iii) Reply or other pleadings
...
...
...
...
...
...
2.50
...
...
...
...
...
...
10.00
7.50
5.00
...
27.
Praecipes or Requests ...
...
3.00
28.
Other documents where no other provision is made
2.00
29.
If any document exceeds eight folios for each folio

...
...
...
beyond eight ...
...
...
.50
...
...
INSTRUCTIONS
30.
for affidavits
...
...
...
...
...
...
31. for brief on the hearing of any action, appeal, issue of

... From
fact or law or other ifnal proceedings
32. for brief on the hearing ofinterlocutory proceedings
... From
2.50
25.00
(
, 10.00
33.
for Counsel to advise on evidence or where advice is

necessary
...
...
...
...
...
,
34. for interrogatories
...
...
...
...
...
35.
I
for statement of claim, defence, counterclaim, case,

...
petition, reply and other pleadings ...
...
36. to bring or defend action, appeal, originating summons, petition or other originating proceedings ...
%
'/41-
7.50
2.50
to 15.00
5.00
to 10.00
37.
to bring or oppose any interlocutory proceedings ...
5.00
38.
to summon witnesses for every three or less
...
2.50
39.
to take any special proceedings in an action, cause or

...
matter ...
...
...
...
...
...
3.00
C.
5.00
MOTIONS
40.
Notice of Appeal Motions to Court of Appeal
...
15.00
41.
Notice of Appeal Motions to Full Court
...
...
10.00
42.
Originating Motions ...
...
...
7.50
...
...
t
i
1.,R 0 1/1973
LAWS OF GUYANA
290
Cap. 3:02
[Subsidiary]
Ii
Iligh Court
T
S c.
43.
Originating Notice of Motions
...
...
...
10.00
PERUSALS
44.
by the Solicitor of the party to or on whom the same

are delivered or served of
...
(i) applications, orders, pleadings or writs
...
...
...
(ii) other documents
...
5.00
3.00
45.
of other documents, by a Solicitor, if necessary
...
2.00
46.
if any document exceeds twelve folios for each folio

...
...
beyond twelve ...
...
...
...
.25
\`
' "k
`(.
PETITIONS
47.
for leave to levy on immovable property
...
...
3.00
48.
for leave to marry
...
...
5.00
49.
to uplift money on behalf of an infant or a person

...
under disability
...
...
...
...
2.00
...
...
...
50.
Under the Infancy Act
...
...
...
...
7.50
51.
Other Petitions
...
...
...
...
10.00
Originating Summons for proceedings in Chambers
5.00
to 10.00
...
SUMMONSES
52.
53.
Summons to attend in Chambers
...
...
...
3.00
54.
or if special
...
...
...
5.00
55.
Summons to attend before Registrar
...
2.00
56.
Summons to witness
(i) for ifrst witness ...
...
...
...
(ii) for each additional witness up to three
...
...
2.50
1.25
Other Summonses
...
2.50
...
57.
...
...
...
...
...
...
WRITS OF EXECUTION
58.
Writs of delivery
...
...
...
...
7.50
59.
Writs of Execution by sale

(i) of movables only
...
...
...
...
(ii) of immovables or movables and immovables
6.00
15.00
7
i
,
LAWS OF GUYANA
High Court
Cap. 3:02
291
[Subsidiary]
$ C.
...
Writs : not included in the above
...
...
(Note: The foregoing fees include all attendances to
issue and all services of execution subsequent to the
issue.)
60.
10.00
WRITS OF SUMMONS
61.
62.
i
General writs of summons for the commencement of

...
...
...
...
any action
...
...
10.00
i*
General writs of summons for service out of the

jurisdiction
...
...
...
...
...
...
12.00
63.
Specially indorsed writs
...
15.00
64.
Specially indorsed writs for service out of the juris...

...
...
diction ...
...
...
...
17.00
...
7.50
65.
...
...
Other writs not included in the above
...
(Note: The foregoing fees include all indorsements

except the Statement of Claim.)
SCALE I I
T
TARIFF IN ALL CAUSES OR MATTERS WHERE AMOJNT

OR VALUE INVOLVED DOES NOT EXCEED FIVE
HUNDRED DOLLARS
1.
I
1e*,
Half the fees set forth in Scale I in respect of the various matters
therein speciifed except as herein speciifed in cases where no
Counsel's fee are allowed or as otherwise mentioned.
2.
Preparing case for hearing
...
...
... From
3.
Appearance at hearing
...
...
...
4.
If the hearing extends over more than one day and

occupies on the ifrst day or partly on the first day and
partly on a subsequent day or days more than ifve
hours without being concluded for every five hours or
part thereof subsequent to the ifrst ifve hours
...
...
I
j
'
25.00
to 75.00
15.00
to 35.00
5.
For fees of twenty-ifve cents ...
...
...
...
.15
6.
For fees of fifteen cents
...
...
...
.10
...
$ c.
15.00
L.R.O. 111973
-
LAWS OF GUYANA
292
Cap. 3:02
High Cout
[Subsidiary]
SCALE III
TARIFF IN ALL CAUSES OR MATTERS WHERE AMOUNT

OR VALUE INVOLVED DOES NOT EXCEED
TWO HUNDRED AND FIFTY DOLLARS
S c.
1.
One quarter of the fees set forth in Scale I, except as

herein otherwise specified.
2.
Half the fees set forth in Scale II except as herein

otherwise specified.
3.
For fees of iffteen cents in Scale II
4.
Attendance before Judge
...
.10
5.00
to 10.00
Provided always that

(i) no Counsel's fees are to be allowed; and
(ii) except in causes or matters which cannot be brought in a
Magistrate's Court, no fees in excess of the maximum fees
chargeable in such cou t are to be allowed unless the Judge
certiifes that the cause or matter is one which it was proper to
bring in the Court.
#
SCALE IV
,
TARIFF OF COMMUTED FEES AND DISBURSEMENTS IN

ALL CAUSES OR MATTERS
WHERE JUDGMENT IS OBTAINED UNDER ORDER 11 OR
ORDER 12 OR ORDER 25 OR BY CONSENT BEFORE TRIAL
$ c.
1.
2.
Where not more than $250.00 in amount or value is

recovered
(i) in ordinary cases
...
(ii) if substituted service ordered and effected ...
...
(iii) if served out of the jurisdiction
52.00
62.00
72.00
Where more than $250.00 but not more than $500.00

in amount or value is recovered
...
...
70.00
85.00
110.00
LAWS OF GUYANA
High Court
Cap. 3:02
293
[Subsidiary]
$ C.
Where more than $500 in amount or value is

recovered
...
100.00
121.00
175.00
...
4. Additional allowances in all the foregoing cases
(i) for each additional defendant
5.00
(ii) where the writ is indorsed for a liquidated and/
or other relief permitted by Order 4 rule 6 ...
7.50
(iii) Counsel's fees, if any, may be charged or are
10.00
allowed by the Court or Judge
(iv) advertisement, mileage or other extra disbursements
...
Notes :
1. The fees in this Appendix are minima and cannot be reduced
by the Registrar, but in no instance is an absolute maximum ifxed
so as to deprive the Registrar in special cases of the' discretion
given him under Order 49.
2. The fees in this Appendix apply to taxations between
Solicitor and client as well as between party and party whether
the costs are taxed under an order in an action, cause or matter
or made under the Legal Practitioners Act or other Act or under
these Rules.
3. The commuted fees in Scale IV where not more than
$250:in amount or value is recovered are not to be allowed
unless the cause or matter is one which cannot be brought in the
Magistrate's Court or in which the Judge certifies that it was
proper to bring it in the Court. In lieu thereof, the maximum fees
and disbursements chargeable in the Magistrate's Court are to be
allowed.
3.
,
T
i
("
APPENDIX S
FORMS FOR USE IN APPLICATIONS BY POOR PERSONS
FORM 1
FORM OF APPLICATION BY POOR PERSON
FOR ADMISSION
(Order 53 rule 5)
I (give full name in block letters) of (give full postal address), hereby
apply to be admitted as a Poor Person.
1
L.R.O. 111973
T
/
LAWS OF GUYANA
294
Cap. 3:02
[Subsidiary]
High Court
(Here state what legal assistance you require, e.g.,"to take proceedings for a divorce,'"" to take proceedings for damages for personal
injuries," " to defend proceedings brought against me by." Or as the
case may be.)
(Give full name and postal address of the person you wish to proceed
against or who is proceeding against you.)
I am (fill in age) years old.
I am (strike out words which do not apply) marriedsinglea
widow.
I have (fill in number of children, if any) children, the eldest is (fill in
ages of children, if any) years old, the youngest is
years old.
I am employed as (state occupation and employer' s name and address)
by
and have been employed for (say how long you have been
in your present employinent) at a weekly wage of $
(state
amount).
During the last six months I have earned and received from (a)
(state amount); (b) any other source $
wages $
(state amount).
I possess not more than $
(state the value and strike out
anything you do not possess, e.g., if you have no furniture strike out
"fieniture") worth of goods, furniture, property, savings, and investments (excluding my wearing apparel, tools of trade and anything I
may recover in the proceedings).
I have not been during the last six months and am not now in receipt
of any pension, compensation, allowance, strike or sick pay, or
income from any other source other than (if any give particulars. If
none strike out the words "other than").
Have you previously consulted any solicitor or poor persons
committee as to the subject matter of your application ? ("Yes" or
"No").
if the answer is "Yes" give the name and address of the solicitor or
the committee consulted and the date when consulted.
i
'N
NOTE: The following statements must be completed by a married

woman applicant:
To the best of my knowledge and belief my husband is employed as
(state husband's occupation and employer's name and address) by
and has been so employed for (state how long he has been in
his present employment) and his average earnings are (state amount)
$
per week.
Or, to the best of my knowledge and belief my husband is at present
out of employment, but when last employed as (state husband's
..
-\
A
LAWS OF GUYANA
Cap. 3:02
High Court
[Subsidiary]
Rules of the' High Court
295
occupation and employer's name and address), and was employed for
(state how long he was employed) at a weekly wage of (state amozmt)
During the last six months he has to the best of my knowledge and
belief earned and received from (a) wages (state amount) $
,
, or his average earnings and receipts
(b) any other source $
per week.
from all sources have been (state amount) $
To the best of my knowledge and belief my husband possesses
(state the value and strike out anything he does not possess, e.g., if he
worth of goods,
has no fitrniture, strike out "furniture"), $
furniture, property and anything he may recover in the proceedings.
To the best of my knowledge and belief my husband has not been
during the last six months, and is not now in receipt of any pension,
compensation, allowance, strike or sick pay, or income from any other
source other than (if any, give particulars. If none strike out the words
My husband lives at (give his address).
Dated this
day of
, 19
(Signed)
(Applicant)
FORM
FORM OF AFFIDAVIT AS TO MEANS IN SUPPORT

OF APPLICATION
The High Court (Poor Persons).
In the matter of an application by
No.
T
of
having made an application to be admitted
I
as a poor person under the rules of the High Court make oath and say
as follows :
n
,
of 19
and have been employed for

1. lam employed as
or, I am at present out of employment but when last employed I was
for
at a weekly wage of $
employed as
2. During the last six months I have earned $
3. I possess [state the same and strike out anything you do not
possess, e.g., if you have no furniture strike out "furniture] $
worth of goods, furniture, property, savings and investments (ex-
"
L.R.O. 111973
LAWS OF GUYANA
I
(
296
Cap. 3:02
High' Court
[Subsidiary]
cluding my wearing apparel and tools of trade and the subject matter
of the action or proceedings).
4. The answers to the questions contained in the schedule marked
À' attached to this afifdavit are true.
NotePa agraphs 5 and 6 to be struck out except in matrimonial
causes where the wife is applicant.
5. To the best of my knowledge and belief my husband is employed
as
and has been so employed for
and his average
earnings are $
per week o , to the best of my knowledge and
belief my husband is at present out of employment, but when last
employed was employed as
for
at a weekly wage
of $
6. During the last six months he has to the best of my knowledge
and belief earned $
or, his average earnings and receipts from
all sources have been $
per week.
(Signature of applicant)
Sworn to at the Supreme Court Registry, Georgetown, this
day of
19
Before me
Registrar
,I
!
I
SCHEDULE "A"
Answer the following questions:

(1) Do you support or help any person besides yourself? Answer
"Yes" or "No. "
If the answer is "yes"fill up the following form:
. .
Name of
person you
support
1.
2.
3.
4.
5.
Full postal .address

of person you
support
What relation
to you is the
person you
support ? Say
whether he or
she is your
father, mother,
wife, child, or
other relation.
How much
money does
each person
you support
cost you
every
. week?
. .
LAWS OF GUYANA
High Court
Cap. 3:02
297
(2) Have you been during the last six months and are you now in
receipt of any pension, compensation, allowance, strike or sick pay, or
income from any other source ? Answer "Yes" or "No."
NoteParagraph 3 to be struck out except in matrimonial causes
-
(3) To the best of your knowledge and belief has your husband
during the last six months and is he now in receipt of any pension,
compensation, allowance, strike or sick pay, or income from any other
source?
Answer "Yes" or "No.
If the answer is "yes " state the amount and say where it comes from.
This is the schedule marked "A" referred to in the afifdavit of
day of
19
sworn before me this
.1
(Signature of Applicant)
Registrar
FORM
FORM OF ORDER ADMITTING POOR PERSONS

In the matter of (title ofproceedings or proposed proceedings, femak
"
Plaintiff.
and
Defendant.
1
Upon the application dated the

day of
19 , of
the above-named
and upon reading the report dated the
19 , of Mr.
day of
, solicitor, of the
Supreme Court, and the opinion of Mr.
, a Barrister-at-Law.
It is ordered that the said

be admitted as a poor person
under the Rules of the High Court to commence, continue or defend
proceedings for, &c., in this Court upon the following terms (here set
out the terms if any).
Dated the
day of
19
By the Court
L.S.
LAWS OF GUYANA
1
I
298
Cap. 3:02
[Subsidiary]
APPENDIX T
E
-)
REGISTRAR'S FEES
(Order 55 rule 1)
I. REGISTRY
ADVERTISEMENTS
I
$ C.
1.
1
2.
For preparing or settling advertisement of whatever

nature and causing same to be printed in addition to
the actual expense of printing
4.50
For preparing or setting any notice for publication in

the
and/or newspaper
2.50
BILLS OF COSTS
3.
On taxation of any bill of costs including certificate

(i) where total of bill so taxed is under $250 ...
(ii) where total of bill so taxed is under $500 ...
(iii) where total of bill so taxed is under $1,000 ...
(iv) where total of bill so taxed is $1,000 and over
3.00
5.00
7.50
10.00
CERTIFICATES
4.
For certificate of default or of proceedings had
...
2.00
5.
For certificate of result of any inquiry or proceeding
5.00
6.
For any certificate signed by Registrar and sealed ...
3.00
7.
For certificate of Judge in proceedings
7.50
8.
For certifying each copy of a document where no

other provision is made
.50
For any certificate where no other provision is made
1.00
9.
...
For sealed copies of any document

(i) where copies are provided, per folio
(ii) where copies are not provided, per folio
11. For office or plain copies of any document

(i) where copies are provided, per folio
(ii) where copies are not provided, per folio
---
,I
I
COPIES
10.
...
.10
.25
!
.05
.15
0
0
1
/
LAWS OF GUYANA
Cap.
High Court
3:02
299
ENTERING
S
12.
_ il
E
13.
c.
On entering any action, cause or matter (including

fees for ifling, hearing and making order)(i) on Hearing List
...
...
...
...
...
(ii) on Short Cause List ....
...
...
(iii) Special case or issue for hearing
...
...
15.00
10.00
5.00
On entering any judgment or order (including filing

and drawing where necessary)...
(i) final judgment or order after trial ...
(ii) final judgment or order in Bail Court
...
...
...
(iii) other judgments or orders ...
10.00
5.00
3.00
EXAMINATIONS
14.
14
15.
16.
For taking the examination of witnesses de

for each day or part of a day
...
5.00
For taking any other examination or conducting any

E
...
...
inquiry ...
...
...
...
5.00
For minuting the proceedings on any examination or

inquiry, per folio
...
...
...
...
.25
FILING
17.
On filing an entry of appearance for each person ...
18.
On
...
2.00
19.
On filing any other document where no other provision is made ...

...
...
...
...
...
1.00
ifling any pleading
...
...
...
1.00
HEARING
20.
,,,,,,, ,
V,
21.
11
On hearing any ex parte application(i) before the Judge in Chambers

(ii) before the Registrar ...
...
...
...
...
...
3.00
2.00
On hearing any other application

(i) before the Judge in Chambers
(ii) before the Registrar ...
...
...
...
...
...
5.00
3.00
22. On hearing any matter in the Bail Court

23.
1
24.
...
On hearing any petition where no other provision is

made ...
...
...
...
...
...
5.00
On hearing any other matter where no other provision is made ...

...
...
...
...
...
5.00
L.R.O. 111973
[
0
7.50
, .1,..
_ _
41i
LAWS OF GUYANA
300
Cap. 3:02
High. Court
[Subsidiary]
ISSUING
$
25.
26.
)
C.
On issuing writs of summons, originating summonses,

notices of motion, third party notices, citations, commissions, letters of request (including fees for filing,
sealing and certifying, and sealing one copy for
service)
10.00
On issuing summonses, notices, amended writs of

summons or originating summonses (including fees
for filing, sealing and certifying, and sealing one copy
for service)
3.00
\
I
...
27.
On issuing any warrant of arrest
28.
On issuing a writ of habeas corpus ad subifciendum
3.00
29.
On issuing any writ of execution (including fees for

ifling praecipe therefor, filing and sealing) ...
10.00
On issuing any process where no other provision is

made ...
2.00
30.
1.50
PAYMENT INTO COURT
31.
For act or memorandum of deposit ...
3.00
32.
For receiving, keeping and repaying any moneys paid

into court
33.
On every certificate relating .to funds in court
1
.25
PETITIONS
On presentation of petition for leave to levy on im...

movable property
3.00
...
5.00
36. On presentation of petition to uplift money on behalf

of an infant or person 'under disability
.50
On presentation of petition under Infancy Act
7.50
34.
35. On presentation of petition for leave to marry
c. 46:01
37.
...
NOTE: The foregoing fees for petitions are inclusive fees covering ifling, sealing, hearing, making and
entering order and copy thereof.
38.
On presentation of any other petition (including fees

for filing, sealing and certifying, and sealing one copy
for service)
10.00
LAWS OF GUYANA
Cap. 3:02
High Court
301
SALES
,
$ C.
39.
-\
,
For attending sales at execution or otherwise and

signing or minuting same :
(i) Where proceeds of sale do not exceed $100
...
...
(ii) Exceed $100 but not $250 ...
(iii) Exceed $250 but not $500 ...
...
...
(iv) Exceed $500 but not $1,000 ...
...
...
(v) Exceed $1,000 but not $5,000
...
...
(vi) Exceed $5,000 for each additional $1,000 or
...
...
part thereof ...
...
...
1.50
3.00
4.50
6.00
9.00
1.50
SEALING
40.
On sealing any document where no other provision is

made ...
...
...
...
...
...
...
.50
SEARCHES
41.
On inspecting or searching the ifle of proceedings in

any action, cause or matter by a person not a party
thereto ...
...
...
...
...
...
...
1.00
42.
On any other inspection or search
...
...
...
.50
43.
For any search by the Registrar
...
...
...
.50
SERVICES OF REGISTRAR
44.
For any services rendered by the Registrar not herein

provided for such fee (if any) as the Court or a Judge
may determine.
H. MARSHAL
ADVERTISEMENTS
45.
K
46.
re"
k ..,
For advertising sale of property (exclusive of printing

and cost of postage and advertisement where publication abroad) ...
...
...
...
...
...
3.00
For printing(i) for ifrst twelve lines ...

...
(ii) for each subsequent line, per line
...
...
...
...
3.00
.15
EXECUTION
47.
For executing a writ of attachment ...
...
...
10.00
48.
For executing a writ of possession
...
...
25.00
...
L.R.O. 111973
i
LAWS OF GUYANA
302
Cap. 3:02
High Court
[Subsidiary)
49.
10.00
For executing any writ of execution or other process

where no other provision is made ...
7.50
51.
For each return to writ of execution or other process
.75
52.
For the following expenses

(i) wages of watchmen or men in possession (who
are to provide their own board);
(ii) cost of removal of goods or animals to a place
of safe keeping where necessary;
(iii) expenses of warehousing or taking charge of
goods or animals ;
(iv) keep of animals whilst in custody whether
before or after removal;
50.
c.
For executing a writ for the sale of

(i) movable property
(ii) immovable property or movable and im...
movable property
6.00
E
,1
,
The sums actually expended, together with any

charges ifxed by the Registrar under Order 36 rule 47.
NO7E: The execution creditor is to deposit with

the Marshal on request the sums required for the
above expenses and charges. The Marshal is to levy
for such expenses and charges over and above the
sum indorsed upon the writ.
MILEAGE
i
53.
For each mile travelled by land or water (no fee being

payable for the return journey)
.60
NOTE: Distance is to be calculated in the case of a

Marshal from the Registry or Sub-Registry in the
county in which service of writ is to be effected or
executed; and in the case of service by a bailiff or
person authorised by the Registrar, from the court or
ofifce in which he is employed or his place of residence
to the place where service of writ is to be effected or
executed. Mileage fees are payable for every subsequent attempt to effect service or execute a writ if
the if st attempt is unsuccessful. Bus, boat and train
fares are also to be charged if incurred.
LAWS OF GUYANA
Cap. 3:02
High Court
[Subsidiary]

E
303
OPPOSITIONS
$ C.
54.
On entering or withdrawing opposition to sale at
execution
2.00
55.
For countersigning entry or withdrawal of opposition -
2.00
,
SALES
...
3.00
56.
For preparing conditions of sale
57.
For selling movable or immovable property

(i) On the first $3,000 of the proceeds of sale ...
(ii) On the next $4,500 ...
(iii) On the next $7,500 ...
(iv) On the excess over $15,000 ...
3%
24- %
11%
1%
SERVICE
58.
For service of any writ of summons, originating

summons, summons, notice, order, petition or other
process or document, unless otherwise specially
provided, for each person served
...
4.00
59.
For each return of service
1.00
60.
For service of each summation in cases of parate

execution including copies, return and recording ...
3.00
For service of any summons to a witness including

return, for each witness
2.50
62.
For service of authorization de facto
4.50
63.
For any service with the strong hand
61.
...
...
25.00
SERVICES OF MARSHAL
\
64.
C
For any special services rendered by the Marshal not

herein provided for, such fee as the Court or a Judge
may determine
I
0
SEQUESTRATION
2
65.
For petition for sequestration or sale of a plantation
66.
For placing sequestrator in charge including preparation of an inventory ...
For retaining possession of property under writ of

sequestration, for each day possession is retained ...
67.
4.50
10.00
6.00
L.R.O. 1/1973
I
,
y
i
LAWS OF GUYANA
304
Cap. 3:02
High Court
[Subsidiary]
III. TARIFF IN LOWER SCALE ACTIONS
In all actions, causes and matters where the sum of money claimed
or the value of the land or thing in dispute as claimed or in respect of
which judgment has been given does not exceed five hundred dollars,
half of the abovementioned fees, except in the case of percentages
which shall be the same, and in the case of fees of five, fifteen and
twenty-five cents, the fees shall be ifve, ten and iffteen cents respectively.
0
0
Notes: 1. If judgment is given for a sum of money which, or it is

established that the value of the land, or thing in dispute, does not
exceed five hundred dollars but the full Registrar's fees have been paid,
only the fees on the lower scale are to be allowed on taxation unless the
Court or a Judge otherwise directs but no fees shall be repayable.
2. If a claim in amended to exceed or it is established that the value
of the land or thing in dispute exceeds ifve hundred dollars, the
balance of the Registrar's Fees in respect of all previous services shall
be immediately payable by the plaintiff or person in the position of a
plaintiff or his solicitor.
APPENDIX U
FEES PAYABLE FOR OBTAINING EVIDENCE

FOR FOREIGN TRIBUNALS
(Order 34 rule 56)
REGISTRAR'S AND MARSHAL'S FEES

Such of the fees set out in Appendix T as shall be applicable other
than the fees payable in respect of the examination. FEES PAYABLE TO EXAMINERS (INCLUDING
REGISTRAR OR SWORN CLERK)
$ c.
10.00
1.
Upon giving an appointment to take an examination
2.
For the Examiner's Clerk
1.00
3.
For each hour or part of an hour occupied in an examination in Georgetown ...
3.00
For each day of ifve hours or part of a day occupied in

...
an examination outside of Georgetown
35.00
4.
, .
N4
1
r
1
LAWS OF GUYANA
High Court
Cap.
305
3:02
[Subsidiary)
m
$ c.
r.
5.
6.
'
7.
For the Examiner's Clerk , where an examination

occupies more than three hours (in addition to Fee
No. 2) ...
.
1.00
For minuting the proceedings and for each copy

thereof per folio
.25
All reasonable travelling and.other expenses including

any sum charged for the room where the examination
is taken.
Note: The fees payable to Examiners under Order 34 rule 56 shall be

applicable to all examinations taken under Order 34 by persons other
than the Registrar or Sworn Clerk or ofifcer of the Court.
APPENDIX V
i
T
PART I
CONVEYANCING
I
/
PART II
ESTATE DUTY AND PROBATE

I
PART III
T
OTHER NON-CONTENTIOUS BUSINESS
PART IV
I
TRAVELLING
PART V
NON-CONTENTIOUS BUSINESS
PART VI
REGISTRY FEES
L.R.O.
111973
411
LAWS OF GUYANA
306
High Court
Cap. 3:02
[Subsidiary]
PART
CONVEYANCING
ITEM
1. Negotiating a sale or purchase of

property by private contract
For the first $30,000.00 of the consideration
...
For the next $60,000.00 ...
...
For any further amount ...
...
I
m
I
N
three per cent

two per cent
one per cent
2. For negotiating a loan on mortgageFor the first $30,000.00 of the loan two per cent
For the next $60,000.00 ...
... one per cent
For any further amount ...
... one-half per cent
3.
For conducting a sale of property by

the public auction including the
conditions of saleWhen the property is sold ...
...
same percentages as
under item 1
When the property is not sold then one-half percentages as
on the reserved price
...
...
under item 1
4. Agreement or Memorandum of Sale ...
5. Transport or transfer on sale or otherwise and mortgage or charge

Where the amount or value of the
consideration for the sale or the
value of the property transported
or transferred or the amount
secured under the mortgage or
charge
Does not exceed $
$1 ,
...
$2,000.00
$2,500.00
...
...
T
i
from $10.00
I
I
$20.00
1)
$60.00
$5,000.00
` 1
f 1
LAWS OF GUYANA
Cap. 3:02
High Court
307
[Subsidiary]
ITEM
Where it exceeds $5,000.00

For the next $10,000.00 per
$500.00 or part therf
eo
...
$500.00 or part thereof
$500.00 or part thereof
...
For each subsequent $500.00 or
part thereof ...
$5.00
$3.00
$2.00
$1.00
6.
(
Assignment or transfer of rnortgage-Half the same scale as mortgage, the

amount due under the Mortgage
at the time of assignment or transfer being substituted for the
amount secured.
7. Cancellation of Mortgage
...
from $10.00
8. Long Lease or transfer thereof

Same scale as transport, ten times
the annual rent being taken as
the amount of the consideration,
where the consideration is by way
of rent.
i
-
9. Lease or Transfer of Lease or Lease

for less than 21 years
...
10. Tenancy Agreement or Agreement for
lease
...
_ I
,'
11. Surrender of Lease
...
...
three-quarters fee
under item 8
half the fee under
item 8
from $10.00
'
PART II
\
ESTATE DUTY AND PROBATE
\
1.
Estate Duty Declaration and Inventory

On the first $750.00of the net
value of the estate declared to in
Guyana
On the next $49,250.00 do.
...
$15.00
two per cent
L.R.O. 111973
I ,AWS OF GU YANA
308
i
Cap. 3:02
High Court
[Subsid iary]
ITEM
On the next $50,000.00 do.
...
On the net value of such estate in

excess of $100,000.00
...
...
2.
one and a half per

cent
one per cent
Probate and Administration in common form or resealing grant of

probate or administration
On the first $750.00 of the gross
value of the estate declared to in
Guyana ...
... $15.00
On the next $750.00
... $25.00
...
On the next $1,000.00
$20.00
...
... $40.00
On the gross value of the estate in
excess of $5,000.00 for each succeeding $5,000.00 or part thereof $10.00
3. Administration BondWhere the amount of the Bond does

...
not exceed $1,000.00
Where the amount of the Bond does
...
not exceed $5,000.00
Where the amount of the Bond
exceeds $5.000.00
4. Preparing and filing Accounts and
afifdavit in support thereof
...
$10.00
I
$20.00
$30.00
from $15.00
PART III
OTHER NON-CONTENTIOUS BUSINESS
Instructions
... from $5.00
Drawing, per folio of 120 words
1.00
Fair copies, per folio of 120 words ...
.25
Facsimile, or carbon copy thereof
made at the same time, per folio of
120 words
.15
5. Perusing, per folio of 120 words
.25
6. Attendances ...
... from 2.00
7. Letters ...
. from 2.00
1.
2.
3.
4.
I
i
/
:
r
1
1
LAWS OF GUYANA
High Court
Cap. 3:02
309
[Subsidiary]
PART IV
1
)
TRAVELLING
In respect of journeysFor every day of not less than five

hours employed on business, or in
travelling ...
...
Where a lesser or greater time than
five hours is so employed, per hour
$25.00
$5.00
I
PART V
NON-CONTENTIOUS BUSINESS
i
1
,
_
0
,
4
1/4
k,
Such sum as may be fair and reasonable, having regard to all the circumstances of the case and in particular
to
(1) the complexity of the matter
or the difficulty or novelty of the
questions raised ;
(2) the skill, labour, specialised
knowledge and responsibility involved on the part of the Solicitor ;
(3) the number and importance
of the documents prepared or
perused, without regard to length ;
(4) the place where and the
circumstances in which the business or any part thereof is transacted;
(5) the time expended by the
Solicitor ;
(6) where money or property is
involved, its amount or value; and
(7) the importance of the
matter to the client :
Provided that
(a) the client may require the
Solicitor to have the bill taxed
under the provisions of Order
60 ;
1
1
L.R.O. 111973
i
L\
S
.
LAWS OF GUYANA
310
Cap. 3:02
[Subsidiary]
High Court
(b) on any taxation of the

bill, it shall be the duty of the
solicitor to satisfy the Taxing
Ofifcer as to the fairness and
reasonableness of his charge.
T j
PART VI
\
ITEM
REGISTRY FEES
1.
2. On deposit of will of deceased person,

drawing act of deposit, afifdavit in
proof of due execution, and registering where the gross value of the
estate does not exceed $ 250.00
$1,000.00
$5,000.00
exceeds
$5,000.00
3.
,
4.
5.
Drawing act of deposit of will of living

person lodged for safe custody,
registering same, sealing of documeht, making copy of act of
deposit, and keeping will
...
On application for probate or letters of

administration by the Registrar
On any other application for probate
letters of administration
Where the gross value of the estate
does not exceed $5,000.00
...
exceeds $5,000.00
On the issue of probate or letters of
administration.
On the first $500.00 of the gross
value of the estate in Guyana
...
$3,500.00
...
$10,000.00
...
$35,000.00
...
On the gross value of the estate in
excess of $50,000.00
...
$4.00
$2.50
$5.00
$10.00
$15.00
$2.50
m
$5.00
$15.00
'
1
r
N
$7.50
$7.50
$10.50
$10.50
$19.00
$20.00
LAWS OF GUYANA
E
High Court
Cap. 3:02

1
311
[Subsidiary]
1
ITEM
6. On the issue of grant of probate or

letters of administration de bonis
non or of probate or ,grant of
administration pursuant to leave
reserved, where full fees have not
already been paid on prior .issue
of probate or administration in
respect of the same estate, the
balance to complete the fees
shall be paid and in every case in
addition to the full fees paid-
)
\
Where the gross value of the estate

in Guyanadoes not exceed $5,000.00
exceeds $5,000.00
$5.00
$15.00
For drawing, swearing and registering

second or subsequent affidavit in
proof of due execution of will ...
$2.50
For filing application for summons to

witness to prove due execution of
will
...
$1.00
For each entry of caveat or filing any

objections to the validity of a will
$1.50
10.
On citation to accept or refuse grant
$2.50
11.
Sealing and certifying copies thereof

for service, each ...
...
$1.00
Settling and signing abstract of citation for advertisement ...
$1.00
For filing of consent of creditors to

executor or administrator administering estate of ;a deceased
person which is found'to be insolvent
...
...
$1.00
7.
_
8.
I
T
E
9.
1
12.
N
1
1
13.
14.
On application of executor or administrator to sell property of a deceased person by private treaty

instead of by public auction and
to transport the same, if immovable propertyand for orderL.R.O.
LANVS OF GUYANA
,
312
I
Cap. 3:02
High Court
[Subsidiary]
ITEM
a) where the value of the prop-
(b) where the value of the prop\
15. On application by an interested party

under a will or on an intestacy to
subdivide or to make a division of
any movable or immovable property belonging to the estate of a
deceased person without proceepling to sale, and for order(a) where the gross value of the
estate does not exceed
(b) where the gross value of the

16. For ifling and advertising accounts of
executors or administrators(a) where the gross value of the
estate does not exceed
(b) where the gross value of the

17. For filing objections and reasons
thereof to accounts ifled by exe-.
cutor or administrator and consideration of objections ...
18.
For ifling grounds or reasons why

account has not been ifled and
making order for extension of time
$1.50
$1.00
19. On application by executor or administrator to ifx his commission and

for order
Where gross value of estate does not
Where gross value of estate exceeds

20. For searching or inspection ...
25c
LAWS OF GUYANA
I
Cap. 3:02
High COUrt
313
Rules of the HighCourt
21.
22.
,
For making, certifying and sealing

copies of documents, per folio of
...
120 words ...
15c
For ifling any document where no

...
other fee is prescribed ...
50c
\
_
APPENDIX W
PART I
FORMS OF WRITS OF SUMMONS IN
ADMIRALTY ACTIONS
t
(Order 61 rule 3)
No. 1
WRIT OF SUMMONS
in Rem
19
No.
Demerara
(or Berbice).
In the High Court of the Supreme Court of Guyana,

Admiralty Jurisdiction.
Between
A.B.
Plaintiff,
and
or (a) The Ship

T
or (b) The Ship

and freight.
,
or (c) The Ship

her cargo and freight or (if the action is against cargo only).
(d) The cargo ex the Ship

(state name of ship on board of which the cargo now is or
lately was laden).
or
I
(if the action is against the proceeds realised by the sale of

the ship or cargo).
(e) The proceeds of the Ship
or (f) The proceeds of the cargo ex the Ship

or as the case may be.
Defendants
L.R.O. 111973
LAWS OF GUYANA
314
High Court
Cap. 3:02
[Subsidiary]
To the owners and parties interested in the ship or vessel

(or cargo, etc., as the case may be).
of the port of
You are commanded that within eight days after the service of this
writ, inclusive of the day of such service, you do cause an appearance
to he entered for you in the High Court of Guyana in an action at the
suit of A.B., and take notice that in default of your so doing the
plaintiff may proceed therein, and judgment may be given in your
absence.
1
0
Dated this
day of
I
(
19
Taken out by A.B.

I
Solicitor for the above-named plaintiffs.

Registrar
No. 4
BAIL BOND IN ADMIRALTY ACTION IN REM

19
No.
Demerara
(or Berbice)

WHEREAS an Action of (state nature of the action) is now pending
in the Admiralty Jurisdiction of the Supreme Court of Guyana,
BETWEEN
and
NOW THEREFORE WE, A.B., of
and C.D., of
, Plaintiffs,
, Defendants,
(shipowner),
(merchant),
hereby jointly a nd severally submit ourselves to the jurisdiction of the

said Court, and consent that if they, the said defendants (or plaintiffs,
if the bail is given to satisfy a counterclaim) shall not pay what may be
adjudged against them in the said action, with costs, execution may
issue forth against us, our heirs, executors and administrators, goods
and chattels, for a sum not exceeding (state sum in letters) dollars.
This Bail Bond was signed by the said A.B. and C.D., the Sureties,
day of
the
19
Before me, J.K.
Registrar (or Notary Public).
01
E
E
'
LAWS OF GUYANA
----
,
(
High Court
Cap.
3:02
--
315
[Subsidiary]
(WE, the Sureties to the foregoing Bail Bond, consent and agree
that the same shall apply to any compromise or settlement between the
parties of the subject-matter of the Action or to an admission of
liability therein and to any amount of salvage, damages; interest and
costs agreed by the defendants (or plaintiffs) to be paid in the said
Action or assessed by the Registrar and Merchants after admission of
liability or compromise, so that if the defendants (or plaintiffs) shall
not pay such amounts we shall be liable for the same in the same manner
as if they had been adjudged by the Court.)
g
I
No. 2
WRIT OF SUMMONS IN PERSONAM
19
No. Demerara
(or Berbice).

Plaintiff,
and
The Owners of the Ship
the case may be)
A.B.
(or as
Defendants.
To C.D. of
and E.F. of
You are commanded, that within eight days after the service of this
writ, inclusive of the day of such service, you do cause an appearance
to be entered for you in the High Court of Guyana, in an action at the
suit of A.B., and take notice that in default of your so doing the
plaintiff may proceed therein, and judgment may be given in your
absence.
Dated this
day of
19
Registrar
(Memorandum to be subscribed on the writ) '
(where writ is issued in Demerara)
The defendant (or defendants) may appear hereto by entering an
appearance (or appearances) either personally or by Solicitor at the
(where writ is issued in Berbice)

A defendant who resides or carries on business within the County
of Berbice may appear hereto by entering an appearance either
personally or by Solicitor at the Registry at New Amsterdam.
_
,
L.R.O. 111973
i
LAWS OF GUYANA
316
High Court
Cap. 3:02
[Subsidiary]
A defendant who neither resides nor carries on business within the

N.B. This writ is to be served within twelve calendar months from
the date thereof, or, if renewed, within six calendar months from the
date of the last renewal, including the day of such date, and not
afterwards.
Indorsements to be made on the writ before issue thereof.

The plaintiff's claim is for etc. etc. etc.
This writ is issued by G.H. of
whose addressfor service is
Solicitor for the said plaintiff, who resides at
or
This writ was issued by J.K. of
whose address for service is
agent for
of
1
1
Indorsements to be made on the writ after service thereof.

This writ was served by X.Y,
(state mode of service)
on
the
day of
19 .
(Signed)
1
(Address)
WARRANT OF ARREST IN ADMIRALTY IN REM ACTION
(Order 61 rule 6)
19
No.
Demerara
(or Berbice)
7\
,Between
C.D. (and E.F.)
,
A.B.
and
Plaintiff
Defendant(s)
TO The Marshal
You are commanded to arrest the ship or vessel ("Mary Jane") of
the port of (
)(and the freight due for the transportation of
t!
LAWS OF GUYANA
High Court
Cap. 3:02
[Subsidiary]
the cargo now or lately laden therein, or and the cargo now or lately
laden therein, together with the freight due for the transportation
thereof), and to keep the same under safe arrest until you shall receive
further orders from this Court.
Dated this
day of
19
Registrar
(Memorandum to be subscribed on the writ)
(where writ is issued in Demerara)
The defendant (or defendants) may appear hereto by entering an
appearance (or appearances) either personally or by Solicitor at the
317
(where writ is issued in Berbice)

A defendant who resides or carries on business within the County of
Berbice may appear hereto by entering an appearance either personally
or by Solicitor at the Registry at New Amsterdam.
A defendant who neither resides nor carries on business within the
N.B. This writ is to be served within twelve calendar months from
the date thereof, or, if renewed, within six calendar months from the
date of the last renewal, including the day of such date, and not
afterwards.
Indorsements to be made on the writ before issue thereof.

The plaintiff's claim is for etc. etc. etc.
This writ is issued by G.H. of
1
I
or
This writ was issued by J.K. of

agent for
of
i4
;
V,
,
),
Indorsement to be made on the writ after service thereof.

This writ was served by X.Y.
(here state the mode in which
service was effected, whether on the ship, cargo, or freight according to
Order 61, rules 8, 9, 10 or 11 as the case may be)
on
the
day of
19
Indorsed the
day of
19
(Signed) X.Y.
0
L.R.O. 111973
9.
- _
LAWS OF GUYANA
318
High Court
Cap. 3:02
[Subsidiary]

No. 5
NOTICE OF BAIL IN ADMIRALTY ACTION IN REM
(Order
61
rule
15(2))
19
No.
Demerara
(or Berbice)
i
I

Take notice that bail has been given in the sum of $
on
behalf of the above-named defendants (or plaintiffs, if in respect of
counterclaim) to answer judgment in this action by A.B., of
,
shipowner, and C.D., of
, merchant , and that such bail has
been taken before J.K., Registrar (or Notary Public).
day of
Dated this
19
Solicitor for the Defendants

(or Plaintiffs).
TO G.H.,
Solicitor for the Plaintiffs (or Defendants).
1
{
No.
CONSENT TO TRIAL OF ACTION UNDER THE SHORT CAUSE RULES
(Order
61
rule
60)
19
No.
Demerara
(or Berbice)
,
f

A.B.
\
T
,
,
,
Plaintiff
and
The Owners of the Ship
(or title as in Form No.
or as the case may be).
2.
,
Defendants.
We, the undersigned, respectively hereby agree that this cause shall
be dealt with, heard and determined, according to rules 61 to 68
0
21
.
LAWS OF GUYANA
Cap. 3:02
High Court
of the High Court
319
[Subsidiary]
inclusive of Order 61 of the Rules of the High Court.

Dated this
19
A.B.,
(Signature)
Solicitor for the Plaintiffs.
day of
1'1'
(Signature)
C.D.,
Solicitor for the Defendants.
I1
, i
PART II
TABLE OF FEES AND COSTS
(Order 61 rule 70)
BY
THE REGISTRA.R
I. FOR PREPARING INSTRUMENTS, &C.
ior prepaiing, certifying, sealing and issuing any

warrant, release, commission, attachment, or other
instrument, required to be sealed or any bail bond
5.00
For preparing a receivable order or a receipt for money

to be paid out of court
...
2.50
For preparing and sending any notice ...
1.20
For preparing any other document for every folio
...
.75
Note: The fees for preparing shall include drawing and

fair copying or engrossing.
II. BY THE ASSESSORS
For each nautical or other assessor, whether at the

examination of witnesses or at the trial of an action From 10.00
or upon any assessment of damages, or taking of an To 50.00
account, according to the case, per day
Note: The above fees shall be paid to the Registrar, for
the assessors, t.;nd in the first instance by the party
preferring the claim.
III. BY A COMMISSIONER TO TAKE BAIL
For attending the execution of any bail bond ...
2.00
LAWS OF GUYA.M.
(Su bsidiary)
Rules ofthe High Court

1V. BY THE MARSHAL
For executing any warrant or attachment
10.00
For keepit'k possession of any ship, goods, or ship and

goods (exclusive of any payments necessary for the
safe custody thereof) for each day ...
I
1.50
Note: No fee shall be allowed to the Marshal for the

custody and possession of property under arrest if it
consists of money in a bank, or of goods . stored in a.
bonded warehouse, or if it is in the custody of a
Customs House Officer or other authorised person.
On
release of any ship, goods, or person from arrest
...
For attending the delivery of cargo for each day
10.00
For executing any commission or appraisement of sale,

or appraisement and sale, exclusive of the fees, if'
any, paid to the appraiser and auctioneer ...
10.00
For executing any other commission or instrumfmt
10.00
On the gross proceeds of a,iy ship, or goods, etc.

sold by order of the Com t$500
- :
For every additional $500 or par t thereof
5.00
...
auctioneer, he shall be allowed a double fee on

the gross proceeds.
A
H
2.0

High Court Rules Guyana 1955

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\

Rules of the High Court

RULES OF THE HIGH COURT

1. These Rules may be cited as the Rules of the High Court.

3. Wherever touching any matter of practice or procedure these Where rules

4. In these Rules C . i-I

"Bail Court" means the Court before which

Rules of the High Court

sp cially indorsed writ" means a writ specially indorsed under

Save and except where proceedings by way of petition or otherwise

r 1.\ Every action shall be 'c jinmenced by a writ of summons, to be

out of the Registry, which shall be indorsed with a statement of

3. Every writ of summons, except a specially indorsed writ shall call

4. A specially indorsed writ shall call upon the defendant to appear

(a) six clear days in the case of actions specified in Order 4

(b) twelve clear days in all other cases, \

from the date of the service of the writ.

5. Writs of summons shall be in such one othf the tigs_inADperida

Rules of the High Court

6. The writ of summons shall be prepared by the plaintiff or his

8. The plaintiff's solicitor, unless authorized by a general power

Rules of the High Court

13. Notwithstanding any rule of law or practice to the contrary, a

1. The indorsement of claim shall be made on every writ of

2. In the indorsement required by Order 3 rule 1 it shall not be

3. The indorsement of claim be to the effect of such of the

Rules of the High Court

(iv) on a guaranty, whether under seal or not, where the

(c) where the plaintiff seeks to recover possession of a speciifc

(d) where the plaintiff claims possession of any property

(e) where the plaintiff seeks to recover any money due on a

(2) The indorsement for costs required by paragraph (1) of this

(i) where not more than $250 is claimed$40;

(iii) where more than $500 is claimed$75;

together with such allowances, if any, as are provided for in Scale IV

8. In all cases in which the plaintiff, in the first instance, desires to

(a) the date on which the loan was made;

Rules of the High Court

(f) the date of the promissory note, or of any contract or

(g) the date when a copy of the note or memorandum was

(i) the security, if any, taken for the loan;

(k) whether there has been any statement or settlement of

(n) the amount of interest accrued due and unpaid on every

1. (1) The solicitor of a plaintiff suing by a solicitor shall indorse Solicitor's

(2) In the case of a specially indorsed writ issued in the County

Rules of the High Court

service of a writ of summons, his place of residence and occupation,

(2) In the case of a specially indorsed writ issued in the County

3. In all cases where the proceedings are commenced otherwise than

4. Where notice of a writ of summons is to be served on a defendant

1. Every solicitor who shall be engaged in any action shall be bound

2. Subject to Order 53 rule 12 (2) a party shall be at liberty to change

3. Where a party, after having sued or defended in person appoints

relating to a notice of change of solicitor shall apply to the notice of

4. Where a party, after having sued or defended by a solicitor, Notice of

5. (1) A solicitor who is a partner or employer of, or who is Power of

6. The solicitor on the record shall remain responsible and liable

7. Every solicitor on the record shall on demand in writing made

8. (1) Where a solicitor on the record has died or become insolvent

matter may, on notice to be served on the ifrst-named party personally

9. The State Solicitor may issue any writ, summons or other

3. No service of a writ of summons shall be required when the

4.. If the defendant be within the jurisdiction of the Court service

5. (1) The Marshal serving a writ of summons within the municipal