New Civil Procedure Rules already having positive effect on judiciary

Jun 01, 2017 News

The newly-implemented Civil Procedure Rules (CPR) of 2016, brought on stream earlier this year, is already yielding positive changes in the area of judicial case management.
Under the new guidelines, a number of mechanisms were adapted towards providing speedy hearings and an end to what would have been lengthy civil trials.
One such mechanism is the Fixed Date Application (FDA). Under this method, matters are fast-tracked or heard and disposed of shortly after the date filed; from the date it is filed, a date is fixed for hearing. In accordance with the rules, the court is guided by a timeline to layout a schedule to have matters heard within days after it was sought.
Additionally, according to the information outlined in CPR 2016, when a proceeding is to be commenced by way of an FDA the applicant (person applying to the court) must, attach an affidavit of all of the evidence upon which he/she relies; and attach a draft of the order that the Applicant seeks to have the Court make.
Where the FDA is urgent and made without notice, it need not be served and the Registry must schedule it to be heard on the day after it is issued”
“Where the FDA is made without notice, it need not be served and the Registry must schedule it to be heard within 4 days of being issued. In the cases of urgent FDAs made on notice, the Registry must schedule it to be heard within 7 days of being issued and the application must be served at least 4 days before the date scheduled for the hearing.”
In any other case, the Registry must schedule it to be heard within 28 days of being issued and the application must be served at least 7 days before the date scheduled for the hearing, unless these Rules, a Practice Direction or the Court, otherwise permit.
Additionally at the hearing of a FDA, the Court must, proceed to determine the application based on the evidence before it; or if there is insufficient evidence to determine the application on its merits, dismiss the application; or otherwise proceed as if the FDA was commenced by way of Statement of Claim and conduct the hearing as a first Case Management Conference.
Where an FDA must proceed as if it was commenced by way of Statement of Claim, the Court must mark the FDA on its face as proceeding as a Statement of Claim and the Applicant must be referred to as a Claimant and any Respondents must be referred to as Defendants.
According to the CPR 2016, at the hearing of the FDA, in addition to any other powers that the Court may have, the Court may award costs.
The new CPR laid in the National Assembly in November 2016 replaced Guyana’s existing rules, which dates back to 1955. The changes have brought the new rules in line with similar rules in the Caribbean.
The 187-page document contains procedures for settling civil matters and making payments both in and out of court.

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