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High Court of the Cook Islands Practice Note - Orders and Judgments 1981

COOK ISLANDS

THE HIGH COURT OF THE COOK ISLANDS

PRACTICE NOTE

ORDERS AND JUDGMENTS

The following practice is adopted by the Judges of the High Court pursuant to section 8 of the Judicature Act 1980-81.

Completion of Orders and Judgments

l. (a) Except as otherwise provided in any enactment, all Orders and judgments of the Court shall be drawn up by the party in whose favour it is made or, if that person so desires, by the officer of the Court designated by the Registrar for that purpose, and shall be submitted to the Registrar or Deputy Registrar authorised by him for approval.

(b) The order shall specify the date, including the day of the week, on which it is made.

(c) An order made by the Court shall, when it is approved, be signed by the Registrar and sealed with the seal of the Court.

(d) An order made by a Judge in Chambers, not being an order made by a Judge sitting in Chambers for Court, shall be headed with the words "In Chambers" and when it is approved it shall either:

(i) Be personally signed by the Judge by whom the order was made: or

(ii) Be signed by a Registrar or Deputy Registrar and sealed with the seal of the Court.

(e) The original order shall then be filed with the proceedings.

2. It shall not be necessary, unless the Court or Judge otherwise directs, to draw up, sign, or seal-

(a) An order dismissing an application, whether or not costs are allowed to any party thereon:

(b) An order made inter partes that enlarges the time for taking any proceeding or doing any act or adjourning any trial, hearing, or other proceeding:

(c) An order fixing a time for the substantive hearing of any application or the trial or hearing of any matter:

(d) An order giving leave for the issue of any writ, other than a writ of summons or writ of attachment:

(e) An order directing the entry or sealing of a judgment or order which is in due course entered or sealed as ordered:

Provided that an order granting leave to sign judgment shall be duly drawn up and signed or sealed:

(f) An order granting leave for the amendment of any writ, order, or proceedings, or for the filing of any document, or for the doing or waiving of any act by the Registrar or any other officer of the Court except a solicitor.

(g) An order abridging the time for filing the statement of defence.

Dated at Rarotonga this 7^th day of October 1981