Topic: Litigant in person
HC54 - Proceedings involving a litigant in person
1. This direction applies to proceedings in which one or more of the parties is participating without professional legal representation. It does not apply to proceedings which are heard in the family law list.
2. The purpose of this direction is to facilitate the hearing of applications to the court in, and the preparation for trial of, such proceedings, and the conduct of the hearing or trial concerned.
3. Where an application to the court by motion is made in such proceedings, the party making the application shall: -
(a) in the case of an application not required to be made on notice, complete Form 1 appended to this direction and file the completed form in the High Court Central Office not less than two days prior to the hearing of the application;
(b) in the case of an application required to be made on notice, complete Form 1, file the completed form with the notice of motion in the High Court Central Office and serve a copy of the completed form with the copy of the notice of motion being served on each party.
4. In the case of a motion for judicial review where leave to apply for judicial review has been granted by the Court, the procedure set out in paragraph 6 below shall apply instead of that set out in paragraph 3.
5. Attention is drawn to Order 52 rule 8 of the Rules of the Superior Courts, under which the court, if of opinion on the hearing of a motion or other application that any person to whom notice has not been given ought to have, or have had, such notice, may either dismiss the motion or application, or adjourn the hearing of it in order that notice may be given.
6. Not less than two days prior to the trial of the proceedings, each party shall complete Form 2 appended to this direction, file the completed form in the High Court Central Office and serve a copy of the completed form on each of the other parties to the proceedings.
7. Failure to comply with any of the requirements of this direction may expose the party in default to liability for costs.
8. This direction shall have effect in respect of applications made and trials taking place in proceedings commenced on or after the 4th day of October 2010.
Dated this 26th day of July 2010
Nicholas J. Kearns
President of the High Court
Form 1 & Form 2