ACTS OF GHANA

 

HIGH COURT (CIVIL PROCEDURE) (AMENDMENT) RULES, 2014 (CI87)

IN EXERCISE of the powers conferred on the Rules of Court Committee by article 33(4) and article 157(2) of the Constitution, these Rules are made this 4 day of March 2014.

Rule 7 A of Order 32 inserted

1.    The High Court (Civil Procedure) Rules, 2004 (C. I. 47) ‘referred to in these Rules as the principal enactment is amended in order 32 by the insertion after rule 70f a new rule 7A.

Case management

7 A. (1) When on an application for directions the Court has dealt with all of the matters, the Court shall

(a)    give directions for the management of the case and set a time table for the taking and giving of directions and the trial ; or

(b)    fix a case management, conference and give direction relating to the management of the case as the Court thinks fit.

(2)    The parties shall lodge With the Registrar a pre-trial check list four clear days before the date fixed for the case management conference or pre-trial review or both or any other date as the Judge may order.

(3)    Where a party has failed to comply with any of the directions given at a case management conference or a pretrial review or both, the Judge may make any of the following orders:

(a)    strike out the action, if the non-complying party is a plaintiff;

(b)    strike out the defence a d counterclaim as the case may be, if the non complying party is a defendant;

(c)    order any party to. pay

(d)    make any other appropriate order.”

Rule 2 of Order 34 amended

2.    The principal enactment is amended in order 34 by the substitution for sub rule (2) of rule 2 of

“(2) As soon as practicable after

(a)    the parties have filed the. pre-trial check list,

(b)    the Court has held a case management conference, or

(c)    the Court has held a pre-trial review,

the Registrar shall, unless a date for the trial has already been fixed by the Judge issue the. parties a notice specifying the date on which the action shall be tried and the notice shall be served at least one month before the date of the trial.”

Rule 1 of Order 38 amended

3.    The principal enactment is amended in order 38 by the substitution for rule 1 of I

General rule

1. Subject to the Constitution, the Evidence Act, 1975 (NRCD 323), these Rules and any other enactment to the contrary, a fact to be proved at the trial of an action by the evidence of the !witnesses shall be proved by a trial of their oral evidence given in court.’

Rule 3A to 3G of Order 38 inserted

4. The principal enactment is amended in order 38  the insertion of the following rules after rule 3. “Evidence by video link or other means.

3A. The Court may allow a witness to give evidence through a video link or by any other means.

Requirement to serve witness statements for use at trial

38.    (1) A witness statement is a written statement signed by a person which contains the evidence

which that person would be allowed to give orally at the trial.

(2) The Court shall at the application for directions order a party to file and serve on the other parties any witness statement of the oral evidence

which the party serving the statement intends to rely on in relation to any issues of fact to be decided on at the trial. ‘

(3) The Court may give directions at the application for directions as to the order in which a witness statement is to be served.

Statement of truth

3C. A witness statement shall be verified by a statement of truth:

Consequence of failure to serve witness statement

3D. Where a witness statement for use at the trial is not served in respect of an intended witness within the time specified by the Court, the witness shall not be called to give oral evidence unless the Court grants leave.

Use at trial of witness statements which have been served

3E. (1) If a party has served a witness statement and that party wishes to rely at the trial on the evidence of the witness who made the statement, that party shall call the witness to give oral evidence unless the Court orders otherwise or that party puts the statement in as hearsay evidence.

(2)  Where a witness is called to give oral evidence under subrule (1), the witness statement of that witness shall stand as the evidence in chief of that witness unless the Court otherwise orders.

(3)    A witness giving oral evidence at tria may with the permission of the Court give evidence in relation to any ne matter which has arisen since the witness statement was served on the other parties.

(4)    The Court will grant leave under subrule (3) only if it considers that there is good reason not to confine the evidence of the witness of the witness statement of that witness .

(5) If a party who has served a witness statement does not call the witness to give evidence at the trial or put the witness statement in as hearsay evidence, any other party may put the witness statement in as hearsay evidence.

Cross-examination on a witness statement

3F. A witness called to give evidence at the trial, may be cross examined on the statement of that witness whether or not’ the statement or any part of it was referred to during the evidence in chief of that witness.

Use of witness statement for other purposes

3G. (1) Except as provided by this rule, a witness statement may be used only for the purposes of the proceedings in which the witness statement is served.

(2) Subrule (1) does not apply if and to the extent that,

(a)    the witness gives consent in writing for some other use of the witness statement;

(b)    the Court grants leave for some other use; or

(c)    the witness statement has been put in evidence at a hearing held in public”.

Rule 2A of Order 41 inserted

5. The principal enactment is amended in order 41 ~y the insertion of a new rule 2A.

Delivery of judgment by video link or other means

2A. The Court may deliver a judgment through a video link or by any other means.”

The Hon. Mrs. Georgina Wood Chief Justice

The Hon. Mrs. Marietta Brew Opong-Appiah Attorney-General and Minister for Justice

The Hon. Mr. Julius Ansah –Justice of Supreme Court

Vincent Kizito Beyu0, Esq., Lawyer, Beyuo & Co Accra