Summary Jurisdiction (Forms) Rules

These Rules may be cited as the Summary Jurisdiction (Forms) Rules and shall come into operation on the 4th day of October, 1976.

Inthese Rules unless the context otherwise requires — Law 10 of 75. “Chief Clerk” has the meaning ascribed to it in the Summary Jurisdiction Law; Law 13 of 75. “Code” means the Criminal Procedure Code; “Commissioner”? means the Commissioner of Police; “Court” means the Summary Court; Law 10 of 75. “section” means a section of the Summary Jurisdiction Law; and in other respects section 2 of the Code applies.

The rules of procedure of the Court in its criminal jurisdiction are prescribed in the Code and the rules of procedure in civil matters are prescribed in the Summary Jurisdiction (Civil Procedure) Rules and, in certain cases, by rules and regulations made pursuant to other laws.

Forms which may be used in the general procedure of the Court are prescribed in the schedule hereto and such forms may be adjusted by the magistrate or the Chief Clerk to meet special cases and, where no provision appears to have been made to meet the requirements of the Court, the magistrate may prescribe forms appropriate to such requirements which may form precedents for future use.

Grand Court forms dealing with the execution of civil judgments and matters connected therewith may be used mutatis mutandis by the Summary Court. THE SCHEDULE (Index of Forms) C.P. 1. Complaint 2. Charge by police officer 3. Summons to accused person 4. Warrant of arrest of accused person 5. Summons upon a body corporate sent by registered post

Committal warrant. THE SCHEDULE Form C.P. 1 (Section 13) COMPLAINT At inthe noononthe dayof 19 there appeared before me one of who made the complaint following (or ‘annexed hereto’ if made in writing) (if complaint made on oath) The complaint having been read over to the said he did affirm to the truth thereof before me swear complainant or other witness making oath. 4 ~— Rules of Court [No. 4] (Form of charge to be endorsed on the back and signed by a Justice of the Peace) Received foractionbymethe dayof 19 at hours in the neon, i Chief Clerk | Summons issued to appear at hours in the noon on the day of 19 Date. Form C.P. 2. (Section 13) CHARGE BY POLICE OFFICER ' of is charged with the following offence (Sgd.) Police Officer (Rank) (Number) (Sgd.) Justice of the Peace Received for action at hours of the noon this _ day of . Summons issued to appear at hours in the noon the day of 19 Date Form C.P. 3. (Section 14) SUMMONS TO ACCUSED PERSON Complaint having been made that you of at onthe dayof 19 (here set out charge or short particulars of offence) Rules of Court [No. 4] — 5 You are hereby summoned to appear before this Court at hours of the noon on the day of 19 to answer thereto. Datedthe dayof 19 N.B. ff you fail to appear a warrant for your arrest will be issued. Form C.P. 3. (BACK) (Sections 17 & 18) (All courts) I, E.F. (constable (or as the case may be)), do swear that on the day of i9 , at o'clock in the noon at Iserved upon A.B., a summons now marked ‘A’ datedthe day of 19 At the time I served the summons on A.B. (if AB. is a company “upon O.P. secretary of A.B.’’) Tread it over to him (or explained it to him). A.B. (or 0.P.) was known to me personally before I served the summons (or A.B. (or O.P.) was identified to me by G.H. who is personally known to me) OR Being unable to find the said A.B. I handed the said summons to K.L. of an adult inmate of A.B.’s last known place of abode (OR) the employer of A.B. Sworn before me at the day of 19 (Signed) M.N. Form C.P. 4. (Section 15) WARRANT FOR ARREST OF ACCUSED PERSON Complaint having been made by C.D. against A.B. of that he which complaint is supported by the oath of You are hereby commanded to bring the said A.B. before this court forthwith to answer the said complaint. M.N. (see back) 6 — Rules of Court [No. 4] Form C.P. 4. (Back) BAIL CUSTODY IDENTIFICATION Form C.P. 5, (Section 18) SUMMONS UPON A BODY CORPORATE SENT BY REGISTERED POST To the Secretary (or local manager etc.) Ltd. (or as appropriate) Complaint has been made that Ltd. of at on the day of 19 (here set out charges or short particulars of offence) You are hereby. summoned to appear before the Court at hours of the noon on the day of 19 , toanswer thereto on behalf of the said company. Justice of Peace N.B. If you fail to appear a warrant for your arrest will be issued. Despatched this day of 19 , by prepaid registered post. Form C.P. 6. (Section 20) WARRANT OF ARREST OF PERSON FAILING TO ANSWER SUMMONS A.B. of having failed duly to appear before the Court in answer toa Summons served upon him by C..D. on oath. You are hereby commanded to apprehend and bring the said A.B. before this Court forthwith (or on the day of 19 , at o’clock in the noon) that he may be deait with according to law. Rules of Court [No. 4] — 7 Form C.P. 7. (Section 21) FORM OF RECOGNIZANCE FOR APPEARANCE . I acknowledge that I owe the Financial Secretary of the Islands the sum of $ . payment thereof to be enforced against me by due process of law if I fail to comply with any of the conditions endorsed hereon. (Signed) A.B. Taken before me the day of 19 Clerk of the Court of Police RECOGNIZANCES OF SURETIES I/We acknowledge I/We owe to the Financial Secretary of the Islands the sum of $ , payment thereof to be enforced against me/us by due process of law if the above mentioned principal fails to comply with the conditions endorsed hereon. Taken before me the day of 19 The conditions of this recognizance are that — (a) if the principal! appears before the Court at at o’clock in the noon the day of 19 , and thereafter throughout the proceedings (b) OR keeps the peace and is of good behaviour for the time of from the date of this recognizance (c) OR appears at such date and time as may be notified to him by the Clerk of the Court at the hearing of his appeal in the matter of (d) OR prosecutes without delay his appeal to the Court in the matter of and submits to the judgment of the said Court and pays such costs as may be awarded against him by the said Court then this recognizance shall be void, but otherwise shall remain in full force and effect. & — Rules of Court [No. 4} Form C.P. 8. (Section 22) WARRANT OF ARREST OF PERSON WHO HAS FAILED TO APPEAR IN ACCORDANCE WITH UNDERTAKING. A.B. of having failed to appear before the Court in accordance with an undertaking given by him in that behalf you are commanded to arrest and bring the said A.B. before this Court forthwith that he may be dealt with according to law. Form C.P. 9. (Section 23) WARRANT FOR THE PRODUCTION OF A PRISONER BEFORE THE COURT To the Officer inchargeofthePrisonat You are hereby required to have the prisoner A.B. now in your charge brought before the Court in custody at o’clock in the noon on the day of 19 and thereafter from time to time until the final disposal of criminal case No. charging him with there to be dealt with according to law. Form C.P. 10. {Section 28) ORDER FOR RELEASE ON BAIL To the Officer in charge of the Prison at The prisoner A.B. now in your charge having been granted his release on bail by order of this Court made this day of 19 , this is to authorise you to release the said A.B. from the custody in which he is held with respect to Criminal Case No. of but not otherwise. (Signed) Magistrate (as the case may be) Rules of Court [No. 4] — 9 Form €.P. 11. , (Section 34) SUMMONS TO WITNESS You of are hereby summoned to appear before the Court at o'clock in the noon on the day of 19 , to give evidence in the above case, on behalf of and produce the following documents or things specified hereunder. N.B. Should you fail to appear a warrant for your arrest will issue. ; Form C.P. 12. (Sections 35 & 36) WARRANT TO ARREST A WITNESS The Court having been credibly informed that A.B. of a witness required in the above case will, if summoned, refuse or neglect to appear OR A.B. of having failed, without excuse, to answer a summons issued on the day of 19 requiring him to appear before this Court on the day of 19. You are hereby commanded to arrest the said A.B. and bring him before this Court forthwith. SEE BACK Form C.P. 12 (Back) (BACK) It is directed that the witness A.B. on arrest be released on bail in the sum of $ with sureties in the sum of $ each for his attendance. : 10 — Rules of Court [No. 4} Form C.P. 13. (Section 48) MEDICAL CERTIFICATE OF CAPACITY OF AN | ACCUSED PERSON TO MAKE DEFENCE. This is to certify that, I, have had A.B. of under my observation from the day of 19 , until the day of 19 and that in my opinion he is capable of making his defence to a criminal charge. Medical Practitioner. Form C.P. 14. (Section 72) MEMORANDUM OF CONVICTION Case No. A.B. of was this day convicted by the above Court of the following offences: 2: etc. Form C.P. 15. (Section 73) CERTIFICATE OF ACQUITTAL Case No. This is to certify that a charge against A.B. of that he was this day determined, the Court finding the alleged offence not proved and the charge against the said A.B. was dismissed accordingly Rules of Court [No. 4] — /1 Form C.P. 16. (Sections 77 & 78) COMMITMENT WARRANT To each and every constable and prison officer of the Cayman Islands. A.B. having been this day convicted by the Court of the offence of and having been sentenced to imprisonment for a term of and to pay a fine of $ or in default of payment of the said fine to be imprisoned for a further term of You the said constables are hereby commanded to convey the said A.B. to the prison at and hand him over to the officer having charge of the said person. : And you the said prison officers are commanded to receive the said A.B. into custody and keep him there for the said term in any event and for the said further term unless the fine imposed is sooner paid. Form C.P. 17. (Section 78 (e)) DISTRESS WARRANT To each and all the constable of the Cayman Islands A.B. of was this day of 19 convicted by the Court and ordered to pay a fine of $ compensation etc. (as the case may be) Default having been made in payment — You are hereby ordered to make distress of the money and goods of the said A.B. (except the wearing apparel and bedding of him and his family and, to the value of $100, the tools and implements of his trade) and if the sum stated at the foot of this warrant, together with the reasonable costs and charges of the making and keeping of the said distress, be not paid. then not earlier than day after making such distress, unless the said A.B. consents in writing to an earlier sale, to sell the said goods and pay the proceeds of the distress to the Chief Clerk, and, if no such distress can be found, to certify the same to the Court. Amount of fine Less amount paid Amount to be levied 12 — Rules of Court {No. 4] Costs and charges Less amount realized Balance remaining Constable or Bailiff Form C.P. 18. {Section 78 (f)) ORDER FOR IMPRISONMENT IN DEFAULT OF PAYMENT OF FINE To each and all the constables and prison officers of the Cayman Islands. A.B. was on the day of 1 ordered to pay a fine of $ compensation etc. (as the case may be) AND the sum of $ remains outstanding AND it appearing that no sufficient distress to levy the sum now due can be found It is this day ordered that the said A.B. be imprisoned for a term of days or until the payment of the said amount of $ if made prior to the expiry of the said term. AND you the said constables are hereby commanded to take the said A.B. to the prison at and you the said prison officers are hereby commanded there to detain him in accordance with the terms of this order. Form C.P. 19. (Section 82) EXPLANATION TO ACCUSED AT COMMENCEMENT OF PROCEDURE FOR COMMITTAL FOR TRIAL “This is not your trial but an enquiry into the charges made against you in order to decide whether or not there is sufficient evidence for you to be committed for trial before a Judge and jury. The evidence for the prosecution will first be called and you may cross-examine each of the prosecution witnesses if you so desire. Thereafter you may call your own witnesses and give evidence or make a statement on your own behalf if you se wish. In any event, if you are committed for trial you will be given a further opportunity of cross-examining the prosecution witnesses and yourself calling evidence, giving evidence and making a statement’. Rules of Court {No. 4] — 13 Form C.P. 20. JHE CRIMINAL PROCEDURE CODE (Section 90 (1)) WARRANT OF COMMITTAL FOR TRIAL BY GRAND COURT To all the constables and prison officers of the Cayman Islands A.B. having been charged this day before the Court with AND the Court after inquiring into the said offence having committed the said A.B. for trial by the Grand Court. You the said constables and prison officers are hereby commanded to convey the said A.B. tothe prison at and there detain him until he shall be delivered in due course of law. Endorsement when bail granted. The Court hereby certifies that the said A.B. may be bailed by recognizance of himself in the sum of $ with sureties in each to appear before the next session of the Grand Court to take his trial upon indictment preferred against him. Form C.P. 21. (Section 90 (2)) ORDER COMMITTING CORPORATIONS FOR TRIAL A.B. and Company Limited having been by the Court this day ordered to be committed for trial on indictment before the Grand Court upon a charge of The Attorney General is hereby authorised to file an indictment against the said corporation in that behalf. 14 — Rules of Court [No. 4] Form C.P. 22. (Section 94) WITNESS ORDER To C.D. of You are hereby ordered (unless you receive prior notice to the contrary) to attend and give evidence at the trial of A.B. before the next session of the Grand Court to be held at Form C.P. 23. (Section 96) In the Grand Court Regina versus A. B. NOTICE OF INTENTION TO TAKE DEPOSITION UNDER SECTION 95. To A.B. This is to give notice that it is intended to take the deposition of C.D. of for the reason that The said deposition will be taken at before at o’clock in the noon of the day of 19 You may, if you so wish, be present at the taking of the said deposition and may crossexamine the said C.D. thereon. Dated the day of 18 Endorsement if A.B. is in custody. To each and every constable and prison officer of the Cayman Islands This is to authorise and require you to bring the said A.B. efor the above Court at the time and place above mentioned if so requested by the said Rules of Court (No. 4) — I5 Form C.P. 24. {Section 181) ORDER TO ENTER INTO RECOGNIZANCE TO KEEP THE PEACE Complaint having been made against A.B. of that he the Court, after hearing the said A.B. hereby orders the said A.B. (a) to keep the peace (b) to be of good behaviour towards and to enter into personal recognizance of $ and find two sureties for $ in that behalf and to come up for trial if called up. Particulars of recognizance and sureties to be entered on back. Form C.P. 25. (Section 182 (1) and (2)) ORDER FOR SEIZURE OF PROPERTY SUSPECTED TO BE PROCEEDS OF AN OFFENCE R.v. It having been made to appear to the Court that the following items are the proceeds or part thereof of offence (s) found in the above case to have been committed — It is hereby ordered that the same be seized and brought before this Court for further directions in that behalf. 16 — Rules of Court {No. 4] Form C.P. 26. SUMMARY JURISDICTION (CIVIL PROCEDURE) RULES (Rule 6) Inthe Summary Court No. PLAINT 1. The Plaintiff is and his address for service is 2. The Defendant is and his address for service is 3. On at (here state particulars of claim using.as many numbered paragraphs as may be required followed by particulars of negligence on the part of the defendant or other matters alleged to give rise to the claim and followed by particulars of special damage or other matters claimed by the Plaintiff in the case). Prayer Wherefore the Plaintiff prays that the defendant be ordered, etc. Signature of Plaintiff Filed by Plaintiff Date Attorney BACK OF PLAINT Date and time of filing Court fees assessed at and collected Case set down for mention on the day of 19 at o’clock in the fore/after noon. Certificate of service by Bailiff. I hereby certify that on the day of 19 I did serve a copy of this plaint upon who is personally known to me (OR who was identified to me by who is personally known to me), ceeeeees oT a Affidavit of Service by Plaintiff or his representative I of Plaintiff (or as the case may be) make oath and say that on the day of 19 I did serve a copy of the plaint upon who is personally Rules of Court {No. 4] — 17 known to me (or who was identified to me by of who is personally known to me). the day of 19 Signature of Deponent Sworn at beforeme a eae Be HRY prRY aOR Dw NOTICE TO DEFENDANT You are hereby summoned to appear personally before the court at the place, date and time assigned for mention of the above case and if you should fail so to do judgment may be entered against you in default of such appearance. Form C.P. 27. (Section 28 (1)) SUMMONS TO WITNESS (CIVIL) Civil Case No. . You of are hereby summoned to appear before this Court at o’clock in the noon on the day of 19 to give evidence in the above case on behalf of and produce the documents and things specified hereunder. N.B. 1 Should you fail to appear in compliance with this summons a warrant for vour arrest may be issued. N.B.2 You are entitled to your travelling expenses to and from the Court amounting to $ which will be tendered with this notice. 18 — Rules of Court {No. 4] Form C.P. 28. (Section 28 (2)) WARRANT OF ARREST OF WITNESS FAILING TO APPEAR (CIVIL) Civil Case No. A.B. of having failed without excuse to answer a summons issued on the day of 19 requiring him to appear before this Court on the day of 19 You are hereby commanded to arrest the said A.B. and bring him before this Court forthwith. Form C.P. 29. (Section 90) COMMITTAL PARTICULARS Accused A.B, of charged with (charge) having appeared before the Summary Court at in the presence of (magistrate) and a summary of evidence having being taken in compliance with Part V of the Criminal Procedure Code Mr. appearing for the prosecution and Mr. appearing for the defence The following witnesses were called for the prosecution eee eee eee e eee e anes of se 8% GG ES Ok CEUTA PE eee eae e MNeRNNCEALE aN aus Sty Ae FRR aoe of BE EE BE sas ene one saensinmenenenese wa oe Lene Ut OS Oey RE NRUNERERTE ER SE RS 4 of i oa ARS SROMPORISSARSMENS) axe EF ORY 9 TE Of cece cece ee eesevneeeus we aere le ae WRN ON We eS OE OS OF = — wie se ae em aEIERETeE as oe ME ee rr of ——_C(tsttsoascopezesns vex 26 TaERMEREREERteRTE oF —_ lee Sacer i 1 oR BE aE et The accused made a statement) as follows: testified) Rules of Court {No. 4] — 19 At the close of the enquiry the said accused was remanded for trial by the Grand Court upon the following charges: (charge) The prosecution witness and the defence witness were bound over to testify at the trial and to attend the Grand Court on the day of 19 at o’clock in the noon. The following witnesses were not bound over to appear personally — i ee ee ee a] (here give particulars) The accused was released on bail in the sum of $ to appear on the day of 19 at o’clock in the noon before the Grand Court. , OR The accused was remanded in custody. The following exhibits were produced to the Court and ordered to be dealt with as follows: Pe ee ee Form C.P. 30. (Section 96 (1)) COMMITTAL WARRANT Toeach and ali the constables and prison officers of the Cayman Islands. A.B. of — _ having this day been committed for trial upon indictment by the Grand Court and having been remanded in custody 20 — Rules of Court ino. 4) to await trial at the next session thereof, you the said constables are hereby commanded to receive the said A.B. into your custody and to convey him to the prison at and you. the said prison officers are commanded there to keep him to await the commands of the Grand Court or until he is sooner released by due process of law. rs Made by the Rules Committee of:the Grand Court this 4th day of October, 1976. L.T. MOODY Judge ’ GE. WADDINGTON Attorney General TRUMAN M. BODDEN Legal Practitioner JOHN STAFFORD Legal Practitioner (Price $2.00)