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Published by: thehealingartist on Feb 06, 2012
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CIVIL PROCEDURE & PRACTICE ITrinidad and Tobago Petty Civil Courts Act Chap. 4:21E. NEW TERMINOLOGY UNDER THE CPR
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ex parte – without notice;
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to be served – with notice;
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leave – permission;
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liquidated sum – specified amount of money
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damages to be assessed – amount to be decided by court
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pleadings – statements of case;
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subpoena – witness summons;
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plaintiff – claimant.ORIGINATING PROCESSCLAIM FORMDOCUMENTS TO BE SERVED WITH CF: 8.15 (TT)
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Statement of Case;
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Documents claimant considers necessary to his case – 8.6 (2);
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In claims for personal injuries - schedule of special damages and medical report on which he will rely – 8.10;
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Acknowledgement of Service/Entry of Appearance;
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Application to pay by instalments;
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Defence form;
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Notes for the defendant;
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Copy of order made under rule 8.2 or 8.14SPECIAL PROVISIONS RELATING TO FIXED DATE CLAIMS: TT - 8.1 (4);1. Upon a fixed date claim being issued:
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Court must fix a date for the first hearing (before the judge to whom the matter was assigned);
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Court shall have all powers of CMC at hearing;
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Court may treat first hearing as the trial ifi. Claim is not defended;ii. Considers that claim be dealt with summarilyCourt must give at least 14 days notice of first hearing with discretion to giveshorter period when appropriate.SERVICEAREAS TO BE COVERED
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Personal Service
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Alternative Service
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Substituted Service
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Ordinary ServiceService Out of the Jurisdiction
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Fundamental Concepts
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Jurisdiction of the Court
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Discretion of the Court
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Methods of Service DocumentationA. PERSONAL SERVICEA. Documents of which Personal Service is required include the following:-(i) Claim form and Statement of Claim;(ii) Amended Writ of Summons without leave and before service unless Court otherwise directs;(iii) Claim form outside jurisdiction unless court otherwise directs;(iv) Third Party Notice to person not a party to the action;(v) Defence counterclaim against a person not a party to the action;(ix) Notice of Judgment or Order unless Court otherwise directs;(x) Notice of Motion for committal unless Court dispenses with service;
 
(xi) Writ of Habeas Corpus where personal service possible.B. How EffectedTrinidad & Tobago Part 5.3(i) By handing to and leaving with the person to be served a copy of such document; if he refuses to take the copy, by leaving it as near as possible within his possession and informing him at the same time of the contents thereof. If so requested by the person to be served, showing him at the time it is left the original in the case of originating process or the original or office copy in the case of any other document. Depending on jurisdiction, practice may vary to include specific directions regarding identifying person by claimant, by photograph and location of service.C. Exceptions to Personal Service apply where:- the defendant's attorney-at-law indorses on the claim form, a statement that he accepts service on behalf of the defendant - Pt 5.17;- in an action in respect of a contract, where the contract specifies the manneror place of service – 5.16;- the defendant enters an (unconditional) appearance/acknowledges service beforeservice;- in an action for recovery of land, the Court authorises service to be effectedby affixing a copy of the writ to some conspicuous part of the land;- service is effected in a foreign country in accordance with its laws – Pt 7.;- the document is required to be served on the State for the purpose or in connection with any civil proceedings;- service is effected by alternative service – Pt 5.13;- an order for substituted/specified service is made – Pt 5.12;Proof of Service: must be made by Affidavit of Service. This may now require 2 affidavits – 1 by the server and another by person who identified the defendant orverified his photograph or description: r 5.5 (2), (3). The person who put in the photograph must go on affidavit to verify how he knows that that is the correct person.See also Proof of Service in section 4 (infra).B. SERVICE BY A SPECIFIED METHOD Trinidad & Tobago, - Pt 5.Service by a Specified Method: This is service on the defendant in a manner specified by the court in situations where it is difficult to locate the defendant or it is believed that the defendant is evading service. Once service is effectedin the manner prescribed by the court it is deemed that service takes effect atthe time prescribed - 5.141. Method of Application: In accordance with Part 11.2. Contents of AffidavitI.Statement that a writ or other originating process (a copy of which is exhibitedII.of such and such date) has been duly issued;III.the specific efforts made at serving defendant personally stating them withIV.great particularity and that all practicable means of effecting personalservice have been exhausted;V.that all practicable means of effecting personal service have been exhausted, and where appropriate that prompt personal service is impracticable;VI.that the substituted service (state the proposed substituted service) will probably come to the knowledge of the defendant;VII.and if the defendant is evading service the affidavit should state the deponent's belief to the effect, giving the facts upon which such belief is based;VIII.where service is to be effected within the jurisdiction, a statement oftheIX.deponent's belief that the defendant is within the jurisdiction or believed to be so.3. Forms of Substituted Service: Whatever means will best reach the attention ofthe defendant. Usual forms are by:(a) Letter
 
(b) Advertisement. See: Cook v. Dey (1876) 2 Ch. D. 218, Crane v. Julian 2 Ch. D. 220(c) On a person impliedly entitled to accept service on behalf of the defendant.Porterv. Freudenberg (1915) 1 K.B. 857Its Object and Effect: Kistler v. Tettmar (1905) 1 K.B.C. SERVICE BY AN ALTERNATIVE METHOD PT 5.10Instead of personal service party may choose an alternative method of service without first seeking an order of the court. However, this type of service must bevalidated in order for the claimant to advance any further in litigation.Service here must be in a manner which will satisfy the court that the person intended to be served was able to (or was likely to) ascertain the contents of thedocument and the time when he/she was or was likely to have been in a positionto ascertain the contents of the documents When party serves by alternative method without order of court and wishes to take any step he must file affidavit proving service to satisfaction of court. The application may be made without notice under Part 11 but must be accompanied by an affidavit outlining the above matters and exhibiting a copy of the documents served.Such an affidavit must immediately be referred to a judge by court office. He will indorse on affidavit whether the contents satisfies the court. If it does notthen a date will be fixed for a hearing for service by a specified method.NB: This form of service is without parallel in the UK and any similar references in UKRules are inapplicable.D. OTHER METHODS OF SERVING CLAIM FORMMETHOD TTService by a contractually-agreed method: 5.14 5.16Service of claim form on agent of principal who is overseas: 5.15 5.17 5.17Service of claim form for possession of land where land is vacant: 5.16 5.18 5.18E. ORDINARY SERVICETT, Pt. 61. Methods of Effecting Ordinary Service(i) Leaving document at proper address of person to be served;(ii) By post (registered);(iii) In such other manner as the court may direct, and2. Time for Effecting Service – 6.33. Circumstances in which no service is required - 6.34. Proof of Service - Affidavit of Service TT, CPR 5.3Contents of Affidavit(a) Statement by whom served if applicable;(b) Location or place of service;(c) Day of week, time, and date on which served; and(d) Manner in which service effected with great particularity.Service on an Attorney See 5.17 (2)F. SERVICE OF DOCUMENTS OUTSIDE THE JURISDICTIONWhen Applied: When a defendant is outside of the jurisdiction at the time of theissue of the claim form and statement of claim, or is outside the jurisdictionat the time when there is an intention to serve him, permission of the court must be obtained in order to serve him effectively in the jurisdiction where he maybe found. Such permission must be applied for under Part 7.3 and in accordancewith Part 11.Matters Permitted: Permission will only be allowed if the case falls within theprovisions of Pt 7.3 and 7.4. These deal with claims:i. for relief against a person ordinarily resident in the jurisdiction;ii. for an injunction relating to matters within the jurisdiction;iii. Is made against someone on whom the claim form has been or will be served and
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there is a real issue which it is reasonable for the court to try; and
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the claimant now wishes to serve the claim form on another person who is outside t

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