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Practice Direction No. 1 [1995] TOLawRp 28 (12 January 1995)

[1995] Tonga LR 1

Practice Direction No.1 of 1995

Amendment of Pleadings

It has become common practice, when pleadings are amended, to re-write the pleading in a new form rather than to amend the original pleadings or, where amended pleadings are filed, to give no indication which passage has been amended.

In future when any pleading is amended, the original format must be retained with the amendment in red. If the amendment is a deletion, the passage to be deleted shall be marked through with a single red line. If a passage is to be substituted or added, it shall be added at the appropriate place in red or underlined in red. Where it is necessary, as a result, to amend the statement of defence or reply, that pleading shall be amended in the same manner.

In any case where further amendment is necessary, re-amendments shall be in green, then blue, then yellow.

All applications to amend under Order 8 rule 5 must be accompanied by a copy of the proposed pleading amended in accordance with the preceding paragraphs.

Amended pleadings shall be endorsed with a statement in, or underlined in, the appropriate colour:

"Amended on the ......... day of ........19... pursuant the Order dated the ........ day of .........19... ."

Where the amendments are substantial counsel should consider re-typing the pleading to include the amendment but the original passages must also be retained.
Gordon Ward
(CHIEF JUSTICE)

Dated 12 January, 1995