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Civil Procedure Act 1972 - Civil Procedure (Amendment) (No 2) Rules 1977

REPUBLIC OF NAURU

CIVIL PROCEDURE ACT 1972

CIVIL PROCEDURE (AMENDMENT) (NO. 2) RULES 1977

ARRANGEMENT OF RULES

Rule
1. Title
2. The Rules of Court
3. Addition of a New Order 63 to the Rules of Court
Schedule - References to the Supreme Court under the Constitution

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IN EXERCISE of the powers conferred on me by section 76 of the Civil Procedure Act 1972, I have made the following rules of court

TITLE

l. These Rules may be cited as the Civil Procedure (Amendment) (No. 2) Rules 1977 and shall be deemed to have come into force on 1st March, 1977.

THE RULES OF COURT

2. In these Rules "the Rules of Court" means the Rules of Court set out in the Schedule to the Civil Procedure Rules 1972.

ADDITION OF A NEW ORDER 63 TO THE RULES OF COURT

3. The Rules of Court are amended by adding thereto the new Order 63 set out in the Schedule to these Rules.

Made this 1st day of April, 1977.

I. R. Thomson,

Chief Justice.

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SCHEDULE

(Rule 3)

ORDER 63 - REFERENCES TO THE SUPREME COURT UNDER THE CONSTITUTION

REFERENCES UNDER ARTICLES 36 AND 55 OF THE CONSTITUTION (O. 63, r. 1)

1. Reference of any question to the Supreme Court by the Cabinet, a Minister or the Speaker under Article 36 or Article 55 of the Constitution shall be made in writing, shall be delivered to the Registrar and shall state the question to be determined or on which the opinion of the Supreme Court is sought.

PROCEDURE FOR DEALING WITH REFERENCES (O. 63, r. 2)

2. (1) Upon receipt of any such reference as is referred to in Rule 1 a judge shall give directions as to the procedure to be followed in dealing with the reference.

(2) Subject to the next following paragraph, directions given under the preceding paragraph may provide for submissions to be received by the Court on the question referred to it and, if so, by whom they may be made and may require that the submissions be in writing and be presented on or before a specified date and that there be no oral argument of the question. Where any fact is required to be established, the judge shall direct how evidence is to be presented.

(3) Where a reference is made under Article 36 of the Constitution, the directions given under paragraph (1) shall provide for an opportunity to make a submission to be given to the person whose right to be or to remain a member of Parliament is the subject-matter of the question referred.

DETERMINATION OR OPINION TO BE PRONOUNCED IN OPEN COURT (O. 23, r. 3)

3. The determination of a question referred to the Supreme Court under Article 36 of the Constitution or the opinion as to a question referred to the Court under Article 55 shall be written and signed by the judge making or giving it and shall be pronounced in open court by that judge or by another judge on his behalf and shall, upon being so pronounced, be the determination or the opinion, as the case may be, of the Supreme Court in respect of the question referred to it.

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