New High Court rules results in speedy trials but delays in production of court orders

Dec 20, 2020 News

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– Supreme Court asks for patience and consideration in resolving issue

By Rehanna Ramsay

Kaieteur News – The introduction of the 2016 Civil Procedures Rule (CPR) or High Court Rule would have represented the dawn of a new era, for the Supreme Court of Judicature.
The implementation of the new procedure meant that the High Court had adequate guidelines and mechanisms towards facilitating speedy trials, thereby reducing the backlog of cases that was in the system, in some instances for decades.
However, the CPR rules brought with it a new challenge- a delay in the production of Court Orders.
With the courts now churning out hundreds of matters on a daily basis and the registries having the sole responsibility under the new CPR to produce the orders, members of the Bar are finding it difficult with the length of time it takes for the orders to be produced.

Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall told Kaieteur News that the new rules have created a hamstring in the process for practising lawyers and their clients.
The AG explained that a court order is an official proclamation by a judge in a trial, an appeal or other court proceedings. He stressed therefore that a delay in the production of court orders can tamper with the evidential value or weight of a judge’s proclamation in a matter.
He noted that this essentially means that an order can be viewed as not taking effect, among other things.
The AG suggested that lawyers regress to the old way of doing things to help push the process along.
“Under the old system, attorneys would draft the orders themselves and the court sign off on them which takes the burden off the registry and fast-tracks the process. I think that if the court reverts to this method, it will ease the difficulty,” the AG said.
President of the Guyana Bar Association, Teni Housty, is among the attorneys who expressed frustration at the delays. He noted the complaints have been raised at the level of the Bar and Bench.
“The Court is well of aware of the difficulty, which we face in this regard and we are only hoping that some work can be done towards rectifying the problem,” Housty asserted.
The Supreme Court, in response to the queries, noted that the administration is aware of the complaints about delays in the production of court orders.
As a result, the Court ask for continued patience and consideration from attorneys and the public as it seeks to resolve this issue regarding the timely entry and issuance of orders for the benefit of all.
In a statement, the Supreme Court explained that the Registry, within its constraints, produces the orders pursuant to the Civil Procedure Rules (CPR) including interim, interlocutory or final, rather than the old system, whereby lawyers were required to lay over their orders with the court.
The Court noted, however, that some lawyers still produce their orders on their own initiative or on the order of the court and email them to the Registry.
“This assists the Registry in producing the orders in a timelier manner. The Registry prioritizes orders according to urgency. For example, Injunction Orders are in this category,” the Supreme Court said in its statement.
Alluding to the process, the Supreme Court noted that in all matters, the Judge’s registrar must write the order granted as noted in the Judge’s minute book on the flysheet of the file before the file is sent to the Registry for the order to be typed.
“Once typed, the order is checked and certified before being signed off for entry and issuance,” the statement added.
However, the Court explained that in the vast majority of cases, there would be multiple orders granted in each case.
“The numbers of orders per day varies depending on the numbers of matters fixed by each Judge for hearing in a day. Usually, orders are received from a minimum of six Judges per day in Demerara, one Judge in Berbice and one Judge in Essequibo,” the Court explained.
The statement continued that, “On average, the court said that each judge in Demerara deals with five to 20 matters per day. Thus on average between 30 to 120 orders is issued per day in Demerara.”
Further, it was explained that some orders are complex while others are simple.
“Judges,” the Court said, “sometimes produce their orders for entry in the Registry. This is especially where time is of the essence or it is a complicated order.”
“The Registries are also responsible for orders of the Full Court of Appeal which is the Appellate Division of the High Court. Although draft orders are filed in Fixed Date Applications, when the orders are granted, they do not necessarily follow the draft,” the Court added.
On the other hand, the Court noted that while the complaints are acknowledged, there are often cases where the orders are ready but counsel does not send to uplift them.
“As at December 15, 2020, there are 193 orders that are typed and entered awaiting Counsel or their clerks to attend at the registry to uplift them,” the Supreme Court said in the statement.

 

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