Frequently Asked Questions

Client Services

Frequently Asked Questions

 

1.Who can apply for a Warrant of Levy?

The Judgment Creditor or his Agent can make an application for a Warrant of Levy against the Judgment Debtor.  The Judgment Creditor need to provide proper documentation to the Court outlining the authorization by which he has given power of attorney to his agent to pursue this application for a Warrant of Levy.

 

 

2.What is legal guardianship and who can apply for same?

Pursuant to Section 4 of the Children (Guardianship and Custody) Act

1.The father of a child may by deed or will appoint any person to be guardian of the child after his death.

2. The mother of a child may by deed or will appoint any person to be guardian of the child after her death.

3. Any guardian so appointed shall act jointly with the mother or father, as the case may be, of the child so long as the mother or father remains alive unless the mother or father objects to his so acting.

4.If the mother or father so objects, or if the guardian so appointed as aforesaid considers that the mother or father is unfit to have the custody of the child, the guardian may apply to the Court, and the Court may either refuse to make any order (in which case the mother or father shall remain sole guardian) or make an order that the guardian so appointed shall act jointly with the mother or father, or that he shall be sole guardian of the child, and in the latter case may make such order regarding the custody of the child and the right of access thereto of its mother or father as, having regard to the welfare of the child the Court may think fit, and may further order that the mother or father shall pay to the guardian towards the maintenance of the child such weekly or other periodical sum as, having regard to the means of the mother or father, the Court may consider reasonable.

5.Where guardians are appointed by both parents, the guardians so appointed shall after the death of the surviving parent act jointly.

6.If under section 3 a guardian has been appointed by the Court to act jointly with the surviving parent, he shall continue to act as guardian after the death of the surviving parent; but if the surviving parent has appointed a guardian, the guardian appointed by the Court shall act jointly with the guardian appointed by the surviving parent.

 

 

3.How can I serve as a Juror?

Subject to subsections (2), (3) and (4) of the Jury Act, any person who resides in Jamaica and has attained the age of eighteen years but is under the age of seventy years, is qualified and liable to serve on juries if -

The person's name is on any current official list of electors for elections to the House of Representatives; or

The person is registered under section 17D of the Revenue Administration Act.

 

4.What makes a person eligible to serve Jury Duty

No person who-

(a)        is not a Commonwealth citizen; or

(b)       Cannot speak, read and write English; or

(c)        is at the date on which he is required to serve as a juror-

(i)  a person awaiting trial in a Parish Court for an indictable offense; or

(ii)  a person in respect of whom a preliminary inquiry into an indictable offense is pending or who has been committed for trial for such an offense; or

(d)has been convicted of treason or any offense for which he has been sentenced to imprisonment (by whatever name called) for a period in excess of six months, unless he has received a free pardon, shall be qualified to serve on juries.

           

5.Does the Court check the criminal records of persons before they serve as Jurors?

The criminal records of jurors are checked at the initial stage of preparing the names of persons            who are qualified to sit on a jury at the provisional settlement of the Jury list.  The Parish Court Judge, Police officers and Justices of the peace are involved in this process.

 

6.How do I adopt a child?

The Adoption Board is the only body that has responsibility for adoption of children in Jamaica. This service is undertaken for the Board by the Child Protection and Family Services Agency (CPFSA) who processes all applications.

 

7.Types of adoption procedures:       

There are two types of Adoption Procedures available in Jamaica. One is the application for an adoption order which is completion of an adoption in Jamaica and the other is an application for a license which is given for the child to be released to citizens of scheduled countries to be adopted abroad.

For a child to be adopted he or she must be over six (6) weeks and under the age of eighteen (18) years.  Application must be tendered to the CPFSA at least six (6) months before the child attains their eighteenth birthday.

 

    10.   What are the conditions for an adoption to be granted?

Birth parents have to agree by giving their consent to adopt, unless:

            (1)  they are dead, in this scenario evidence of their death will have to be provided;

            (2)  children are wards of the state;

            (3)  birth parents cannot be found; at which time evidence of attempts made to locate them for                        example advertisement in the local newspaper must be provided;

            (4)  birth parents are incapable of giving consent due to mental disability and this must be     accompanied by medical evidence.

            (5)   birth parents are withholding consent unreasonably.  

Applicants must be twenty-five years and over, however, if the applicant is related to the child being adopted, they can be under twenty-five (25) years old but over eighteen (18) years. Application should be done by a single person, however, two parents married to each other can adopt with the agreement of the other (singly) and the applicant must be domiciled in Jamaica.

For more detailed information regarding the step-by-step processes involved in treating with adoption visit www.childprotection.gov.jm.

 

11.Can I see a copy of my original birth certificate and my biological parent’s information after being adopted?

It should be noted that once a child has been adopted their former identity is no longer admissible and their former birth record is sealed.

 

 

 

12.Does the Court have the ultimate decision in my maintenance matter?

Pursuant to Section 11 of the Maintenance Act, A Court may, on application by or on behalf of a dependent, order the respondent named in the application to maintain that dependent in making such an order, the Court shall, where the order is a monetary order, determine the amount to be      paid thereunder.

 

 

 

 

13.How does the Court decide how much I pay for maintenance?  What if I am not able to pay the sum ordered for Maintenance?

Pursuant to Section 14(4) of the Maintenance Act in determining the amount and duration of support, the Court shall consider all the circumstances of the parties including the matters specified in sections 5(2), 9(2) or 10(2),

5 (2) In determining the amount and duration of support to be given, to a spouse under a maintenance order, the Court shall have regard to the following matters in addition to the matters specified in section 14(4)-

(a) the length of time of the marriage or cohabitation;

(b) the spouse's contribution to the relationship and the economic consequences of the relationship for the spouse;

(c) the effect of the responsibilities assumed during the marriage or cohabitation on the spouse's earning capacity;

(d) the spouse's needs, having regard to the accustomed standard of living during the marriage or cohabitation;

(e) whether the spouse has undertaken the care of a child of eighteen years of age or over who is unable, by reason of illness, disability or other cause, to care for himself;

(f) any housekeeping, child care or other domestic service performed by the spouse for the family, as if the spouse were devoting the time spent in performing that service in remunerative employment and were contributing the earnings to the family's support;

(g) the effect of the spouse's child care responsibilities on the spouse's earnings and career development;

(h) the terms of any order made or proposed to be made under the Property (Rights of Spouses) Act in relation to the property of the parties;

(i) the eligibility of either spouse for a pension, allowance or benefit under any rule, enactment, superannuation fund or scheme, and the rate of that pension, allowance or benefit.

9 (2) In considering the circumstances of a dependent who is a child, the Court shall have regard to the following matters in addition to the circumstances specified in section 14(4)-

(a) that each parent has an obligation to provide support for the child;

(b) the child's aptitude for, and reasonable prospects of, obtaining an education; and

(c) the child's need for a stable environment.

10 (2) In considering the circumstances of a dependent who is a parent or grandparent, the Court shall have regard to whether, by reason of age or infirmity, that dependent is unable to provide for himself or herself; as the case may require, and-

(a) the respondent's and the dependent's assets and mean;

(b) the assets and means that the dependent and the respondent are likely to have in the future; (c) the dependent's capacity to contribute to the dependent's own support;

(d) the capacity of the respondent to provide support;

(e) the mental and physical health and age of the dependent and the respondent and the capacity of each of them for appropriate gainful employment;  

(f) the measures available for the dependent to become able to provide for the dependent's own support and the length of time and cost involved to enable the dependent to take those measures;

(g) any legal obligation of the respondent or the dependent to provide support for another person;

(h) the desirability of the dependent or respondent staying at home to care for a child;

(i) any contribution made by the dependent to the realization of the respondent's career potential;

(j) any other legal right of the dependent to support other than out of public funds;

(k) the extent to which the payment of maintenance to the dependent would increase the dependent's earning capacity by enabling the dependent to undertake a course of education or training or to establish himself or herself in a business or otherwise to obtain an adequate income;

(l) the quality of the relationship between the dependent and the respondent;

(m) any fact or circumstance which, in the opinion of the Court, the justice of the case requires to be taken into account.

If the Respondent is having difficulty paying a sum ordered by the Court, he or she can make an application to the Court for the order to be varied.  This application to Vary the Order can be made pursuant to Section 18 of the Maintenance Act which states;

At any time after a maintenance order or an order of attachment has been made under this Act, a Court may upon the application of-

(a) any of the parties to the proceedings in which such order was made;

(b) any person having the actual care and custody of a child who is a dependent; or

(c) any person to whom any payment was directed in such order to be made, vary the order in such manner as the Court thinks fit, suspend the order, revive a suspended order or cancel the order if circumstances so warrant.

 

14.Can anyone request a court document?

Not anyone can request a Court document.

 

15.Who is eligible to apply for a Court document?

If a person is a party to an action that is before the Court and is desirous of obtaining copies of documents on the file then such a person can make a request in writing and submit it to the court's office.  The person making such a request will be required to pay for said copies.

           

16.Who is allowed to sit and listen to matters in Court?

Most court matters are open to the public, these matters include traffic violations, civil cases    and some criminal cases.  However, there are 'in camera' matters which are of a sensitive nature and not everyone is allowed to sit and listen to these.  These matters are usually of a sexual nature or gun offences.

 

17.Can I sit in and listen to Children Court matter?

Children Court matters are dealt with 'in camera' or privately pursuant to Section 43

1.         Where, in any proceedings in relation to an offence against, or any conduct contrary to, decency or          morality, it appears to the court that a person who is called as a witness is a child, the court may direct that all or any persons, not being members or officers of the court, parties to the case, their attorneys-at-law, or persons otherwise directly concerned in the case, be excluded from the court during the taking of the evidence of that witness.

2.         The powers conferred on a court by this section shall be in addition and without prejudice to any other powers of the court to hear proceedings in camera.

 

18.What is meant by access to Information?

 

Access to information is an individual's right to obtain and use information collected or generated by others. It is also important to note that the Access to Information Act does not apply to Court files unless it is a matter of an administrative nature.  Please see section 5(7) of the Access to Information Act.

 

 

19.Who can file for child maintenance?

 

Pursuant to Section 12 of the Maintenance Act, an application for maintenance of a dependent        may be made to the Court by the dependent or, in the case of a dependent referred to in section   8(1) (a) or (b) of the said Act which is the parent's unmarried child who is a minor or in need of     such maintenance, by reason of physical or mental infirmity or disability.

 

            This application may also be pursued by a parent of the dependent or any other person who has           the care and custody of the dependent.

 

            Where a local authority or other Government agency is providing assistance in respect of the maintenance of a dependent; or an application for such assistance has been made to the local            authority or other Government agency by or on behalf of the dependent, an application for a     maintenance order may be made to the Court by the local authority or other Government        agency.

 

20.Can I enforce child maintenance overseas?

Pursuant to Section 12 of the Maintenance Orders (Facilities for Enforcement), Where before or after the 1st day of July, 1988-

(a) a court in Jamaica has made a maintenance order against a person; and

(b) it is proved to the court that such person is resident in a reciprocating state,

the court shall, upon the request of the payee, send a certified copy of the order to the Minister for transmission through the appropriate authority to the appropriate court in that state for registration and enforcement.

 

 

21.As a Landlord what steps can I take after a notice to quit my premises has expired and the tenant refused to quit?

AS a landlord, if you have served your tenant with a notice to quit and deliver up peaceful possession of any dwelling home or business, if that tenant continues in possession, then you can attend at the Court's Office and initiate a claim for Recovery of Possession.  You need to ensure that you have the expired notice to substantiate your claim.

 

22.If I live overseas or I am unable to attend court to remove a tenant from my property and collect outstanding rent, who can do so on my behalf?

A Plaintiff can appoint an agent by way of Power of Attorney to pursue an action in the Court against a Tenant for Recovery of Possession or Arrears of Rent if he or she is unable to pursue such an action personally.

 

23.How can I recover monies owed to me from a past or present tenant?

A person may attend upon the Court's office to pursue an action for outstanding monies from a past or present tenant.

 

24.I have served a notice to my tenant, they refuse to leave.  How can I get the Court's help?

After the expiration date has passed on a notice to quit and deliver up possession of a premises, if the tenant continues in possession the Plaintiff may take the expired notice to quit and pursue an action in the civil court for Recovery of possession.

 

25.Can a Landlord serve a summons to a tenant or does it have to be done by a bailiff or District Constable?

Pursuant to Section 158 of the Parish Court Act, every summons, whether to a party or his agent  or a witness, may be lawfully and competently served at any place within the Island by any person whatsoever; and every warrant, precept, or writ of execution, granted under the authority of this Act, may be lawfully and competently executed by an officer of the Court having jurisdiction in the parish where the same is to be executed, or by a constable acting under the authority of any law, though addressed to an officer of the Court issuing the same.

 

26.What is the timeline within which a Judge will order the tenant to vacate my premises?

A Court in making an order for possession may make a forthwith order or give additional time based on the circumstances of a particular case.

 

27.What documents do I need to take a delinquent tenant to Court?

The Plaintiff need to take the original copy of the notice and whatever land title or other documents regarding the said land in order to file a claim for Recovery of Possession.  In the absence of such documentation, the Plaintiff must be able to state in the particulars of claim the exact location of the land with volume and folio numbers.

 

 

28.What is the cost to take a delinquent tenant to court?

The Plaintiff must purchase a One Dollar ($1.00) stamp at the Post office for the court fee and the Bailiff's fee will be determined based on where the Defendant resides.

 

29.After I take a tenant to court and the Judge has given a date for him/her to leave and the tenant has still not vacated the premises. What is my next step?

After the Court has made an order for Possession, if the Defendant continues in possession, the Plaintiff may make an application to the Court for a Warrant of Possession.  Pursuant to Section 250 of the Parish Court Act, every such warrant shall bear the date on which it is issued, and shall continue in force for six months from such date, and no longer. No warrant shall be issued after the expiration of six months after the last day named by the Magistrate in his order for the delivery of possession, except by order of the Magistrate.

 

30.If the Landlord lives in one Parish and the rented property is located in another parish, which Parish Court do I go to have the matter placed before the Court?

The Landlord may apply to the Court for Recovery of Possession and Arrears of Rent in the said parish that the property is located because that is where jurisdiction lies.

 

31.What is a Judgment Summons? How long is it valid?

A Judgment Summons is the same as the Commitment Summons.  It is a document that is issued as a means of enquiring into the means of the Defendant.  A Judgment Summons has a lifetime of one year.

 

32.What is a Commitment Summons?

A Commitment Summons is the same as the Judgments Summons.  It is a document that is issued as a means of enquiring into the means of the Defendant.  A Judgment Summons has a lifetime of one year.

 

33.What is a Formal Order? How long is it valid?

A Formal Order is a legal document outlining an order made by the court which is signed and sealed with the Court's seal.

 

34.I wish to discontinue a matter that I brought before the Court.  What do I do?

A person who wishes to discontinue a matter before the Court may attend Court on the scheduled date and inform the court of his or her decision not to proceed.  The Court may make certain enquiries and if it is satisfied the request may be granted.

 

35.Is there a difference between a Protection Order and a Restraining Order?

There is a difference between a Protection Order and a Restraining Order.  Pursuant to the Domestic Violence Act, a Protection Order is an Order made by the court to prohibit someone who is abusive either verbally, emotionally or physically, from entering or remaining in a particular household residence, place of work, place of education or any particular place that could affect a prescribed person.  While a Restraining Order is an Order made by the court to prohibit an individual from carrying out a particular action.

 

36.What is the procedure for applying for a protection order?

Pursuant to Section 3 of the Domestic Violence Act the Court may, on application, grant a protection order or occupation order. 

An application for any of these orders may be made-

(a) by the spouse or parent in respect of whom the alleged conduct has been, or is likely to be, engaged in by the respondent;

(b) where the alleged conduct is used or threatened against a child or dependent by-

(i) a person with whom the child or dependent normally resides or resides on a regular basis;

(ii) a parent or guardian of the child or dependent;

(iii) a dependent who is not mentally disabled;

(iv) a person who is approved' by the Minister responsible for social welfare to carry out social welfare work; or

(v) a Constable;

(c) by a person who is a member of the respondent's household or who is in a visiting relationship with the respondent, in respect of the alleged conduct engaged in or threatened by the respondent toward that person.

 

37.Do I need to have a police report to apply for a protection Order and is there a cost?

There is no need to have a police report when applying for a Protection Order and there is no cost.

 

38.My child's mother/father does not support the child how can I get the court to help me?

An application for Maintenance may be pursued at the Parish Court against any parent who has refused to support their child. The applicant may attend the court's office with the child's' birth certificate as well as a copy of a government issued identification, i.e. Passport or Driver’s License or National Identification and Taxpayer Registration Number (TRN) to pursue this action.

 

39.What is the procedure to enforce unpaid child maintenance?

In order to enforce unpaid child maintenance, the person to whom moneys should be paid may attend the court's office and file an application for disobedience of maintenance.  This application can be done only if the Court made an order that the maintenance money should be paid directly to the applicant or the applicant's bank account.  The applicant must also be in a position to inform the court's office of the outstanding period for which moneys are outstanding.

On the other hand, if the Court made a Collecting Officer's Order, then the accountant may issue a Warrant of Distress at the expiration of four (4) weeks and when the warrant has been returned if the Respondent still does not comply by paying the outstanding sums, the accountant may then issue a Warrant of Arrest.

 

 

40.What is Legal Guardianship?

Guardian in relation to a child means a person appointed by deed or will or by a court of competent jurisdiction, to be his guardian.

 

41.How do I file for Legal Guardianship of a child?

Pursuant to Section 4 of the Children (Guardianship and Custody) Act

1.The father of a child may by deed or will appoint any person to be guardian of the child after his death.

2. The mother of a child may by deed or will appoint any person to be guardian of the child after her death.

3. Any guardian so appointed shall act jointly with the mother or father, as the case may be, of the child so long as the mother or father remains alive unless the mother or father objects to his so acting.

4.If the mother or father so objects, or if the guardian so appointed as aforesaid considers that the mother or father is unfit to have the custody of the child, the guardian may apply to the Court, and the Court may either refuse to make any order (in which case the mother or father shall remain sole guardian) or make an order that the guardian so appointed shall act jointly with the mother or father, or that he shall be sole guardian of the child, and in the latter case may make such order regarding the custody of the child and the right of access thereto of its mother or father as, having regard to the welfare of the child the Court may think fit, and may further order that the mother or father shall pay to the guardian towards the maintenance of the child such weekly or other periodical sum as, having regard to the means of the mother or father, the Court may consider reasonable.

5.Where guardians are appointed by both parents, the guardians so appointed shall after the death of the surviving parent act jointly.

6.If under section 3 a guardian has been appointed by the Court to act jointly with the surviving parent, he shall continue to act as guardian after the death of the surviving parent; but if the surviving parent has appointed a guardian, the guardian appointed by the Court shall act jointly with the guardian appointed by the surviving parent.

 

42.What is the procedure for applying for sole custody of a child and who can do so?

Pursuant to Section 7(1) of the Children (Guardianship And Custody) Act The Court may, upon the application of the father or mother of a child, make such order as it may think fit regarding the custody of such child and the right of access thereto of either parent, having regard to the welfare of the child, and to the conduct of the parents, and to the wishes as well of the mother as of the father, and may alter, vary, or discharge such order on the application of either parent, or, after the death of either parent, of any guardian under this Act; and in every case may make such order respecting costs as it may think just.

 

43.As an adult can I take my father to Court for Maintenance?

This application may also be pursued by a parent of the dependent or any other person who has the care and custody of the dependent.

 

            Where a local authority or other Government agency is providing assistance in respect of the maintenance of a dependent; or an application for such assistance has been made to the local            authority or other Government agency by or on behalf of the dependent, an application for a     maintenance order may be made to the Court by the local authority or other Government agency.

 

44.Can I take my adult children to Court for Maintenance?

This application may also be pursued by a parent of the dependent or any other person who has the care and custody of the dependent.

 

            Where a local authority or other Government agency is providing assistance in respect of the maintenance of a dependent; or an application for such assistance has been made to the local authority or other Government agency by or on behalf of the dependent, an application for a maintenance order may be made to the Court by the local authority or other Government Agency.

45.Can I transfer my child maintenance case to another Court?

Yes, an applicant can ask the Court to transfer a maintenance case to another court, the sitting judge may or may not accede to this request based on the circumstances of the case.

 

46.What is a summons and who can serve it?

A summons is a legal document informing an accused person or defendant that they are being charged for an offence or sued and is required to appear in Court on a court date specified in the said summons.

 

47.What is a Warrant and who can serve it?

A warrant is a legal document issued by the court authorizing the police or the court bailiff to make an arrest or carry out search actions at a particular premises.

 

48.What are the different types of summons?

The different types of summonses are as follows: -

(a)   Civil summons;

(b)  Criminal summons;

(c)   Juror summons;

(d)   Traffic summons; and

(e)   Maintenance summons

 

49.What is the difference between a warrant and a summons?

The difference between a Warrant and a Summons is that summonses are served informing of a court date while warrants are executed.

 

50.Do I have to provide an address for the party to be served a summons?

It is very important for an address to be provide in order to perfect the service of any summons. Without an address the summons is not effective.

 

51.How long is a summons valid?

A summon is valid up to at least three (3) days before a court date in small claims and criminal matters, while in some civil matters a summons is valid up to twelve days before a court date.

 

52.Is a Bailiff the only person who can serve warrants ordered by the Court?

Warrants issued by the court may be executed by the Parish Court Bailiff or a Police Officer.

 

53.How do I get a summons or warrant served in another parish?

Provisions are made pursuant to the Parish Court Act for warrants to be sent from one court to another to be executed in the case of civil matters.  As it relate to criminal cases arrangements are made by the police to facilitate the execution of warrants between parishes based on intelligence.

 

54.What can I do when the court's bailiff refuse to serve a summons/warrant.  Who do I complain to?

If a Parish Court Bailiff has refused to serve a summons or execute a warrant a report may be made to the Snr. Parish Court Judge who will act accordingly.

 

55.What is the expiration date for warrants and can they be reinstated after expiration?

In the case of a Warrant of Possession in a civil matter, this has a lifetime of six months, while a Warrant of Commitment expires one year after it has been issued.  A Bench Warrant, Warrant Disobedience of Summons and Warrants on Information has no time limit for execution.

A plaintiff may apply to the court for an extension of time for a Warrant of Possession to be executed, while after the expiration of one year on a Warrant of Commitment a further application will have to be made for a Commitment or Judgment Summons.

 

56.What happens if the Court date is near and the summons is not served?

If the Court date is near and the summons is not served said summons may be returned to the court's officer for a re-issue date.

 

 

57.How can I change/add the 'Father's Name' on my child's birth certificate?

In the instance where a child was not registered in the name of his or her biological father then an application would have to be made to the Court for a Declaration of Paternity for the biological to be declared the father, based on DNA testing, and further that the biological father's particulars to be added to the child's birth certificate.

 

58.How soon after a payment is made can I receive the monies for my child?

The Courts are now engaged in online banking, as such applicants are asked to submit their banking information to enable swift transfer of payments to their accounts.  The Court's Maintenance account is with the National Commercial Bank, therefore, persons who have accounts with this said entity may be able to receive payments on the same day of payment or the following day.  In the case of persons from other banks payments may be made out up to five (5) working days after it has been received by the court's office.

 

59.Can I make a payment in another parish if my matter was elsewhere?

Payments cannot be made on an account that exists in another parish; however, arrangements can be made for moneys to be sent via post or money orders.

 

60.If a warrant is out for my arrest for non-payment and I make a payment can I still be arrested?

If a warrant has been issued for outstanding sums and the full amount is not being paid, the respondent may be arrested and brought before the Court for the full amount outstanding.

 

61.What happens if I miss my court date?

In the event that a litigant has missed a court date a Bench Warrant or Warrant of Disobedience of Summons may be issued.  The execution of these warrants may also be stayed and further stayed based on the particular circumstances.  While it may be inevitable that dates are missed it is common courtesy to advise the Court of any difficulty in attending court on a given date and request a further date.

 

62.I am sick and cannot attend court, what should I do?

In instances where a person is sick and cannot attend Court an email can be sent to the Parish Court and a medical certificate later produced substantiating this claim. Someone may also provide the Court with the medical certificate informing of the illness.

 

63.I was empaneled for jury duties. Will I get a stipend?

Pursuant to Section 35 of the Jury Act, in a civil trial, each person who serves as a juror

(a) shall be paid for each day or part of a day that the trial lasts, such sum as the Minister may, by regulations prescribe; and

(b) shall be entitled to be paid, in respect of his travelling to and from the place to which he is summoned, such sum as the Minister may, by regulations published in the - Gazette, prescribe.

In all civil cases, the payments allowed as aforesaid, shall be provided by the party on whose application the jury has been obtained, and paid to the Clerk of the Court on each day before the case proceeds, and shall be paid by him to each juror on the last day for which his attendance is required.

Pursuant to Section 37 of the Jury Act, in all criminal cases, each person who serves as a juror:

(a) shall be paid for each day or part of a day that the trial lasts, such sum as the Minister may by regulations prescribe; and

(b) shall be entitled to be paid, in respect of his travelling to and from the place to which he is summoned, such sum as the Minister may, by regulations published in the Gazette, prescribe. 

 

64.What do I need to post bail for someone?

When posting bail for someone, one must ensure that the amount of bail is clear because this will determine whether a person will be suitable to be a surety.  Bail in the sum of Fifty thousand dollars or less is required to produce:

(a)  two (2) passport sized photographs that must not be taken more than six months prior;

(b)  Proclamations, Rules and Regulations, Form 2 pursuant to Section 17 (3) of the Bail Act;

(c)   Statutory Declaration to be made by a Surety or Sureties, pursuant to Section 17 of the Bail Act;

(d)   A valid identification card, which may be a Drivers Licence, an Elector Registration Card or a passport; and

(e)   proof of address;

For Bail over the sum of Fifty thousand dollars the surety would require all the above requirements listed from a-e in addition to proof that the person has collateral to post bail.  This collateral may be in the form of  Land, Motor Vehicle or Cash.    

 

65.How soon after a matter is finished at the Parish Court can I file an appeal?

A verbal notice of appeal maybe given either during the sitting of the Court at which the judgment is delivered or within fourteen (14) days from the delivery of such judgment given a written notice of his intention to appeal, to the Clerk of the Court of the parish.

 

66.How do I file an appeal?

Subject to rule 4.2 of the Court of Appeal Rules, in the notice of appeal the appellant must give details of:-

(a)   the decision or part of the decision which is being appealed identifying so far as practicable-

(i)    any finding of fact; and

(ii)   any finding of law, which the appellant seeks to challenge;

(b)   the grounds of appeal

 

 

67.How do I apply for a Spirit Licence?  What documents do I need? 

Any person interested in making an application to the Court for a Spirit Licence may attend the court's office and ask for a Form N0: 68 and 2088 and complete same.  Payments must also be made to the Inland Revenue Department.  These forms are not difficult to understand.  The Form No: 68 should be left at the Police Station after completion while Form No: 2088 is submitted to the court's office along with the original receipt obtained from the Inland Revenue Department.

These application forms are also available on the Ministry of Justice website.

 

68.I am a law student and would like to sit in on a matter in Court, how do I do this?

A law student interested in sitting in on a matter in the court may approach the Court Administrator or Clerk of the Court and express this interest. Communication will then be made with the Parish who will look into the matter.

 

69.I lost my traffic ticket and the court date has passed what can I do?

In the event that an offender has misplaced his traffic ticket, he may go to the police station and speak to someone in the traffic department.  If the particulars on the ticket are correct the information on the misplaced ticket can be regenerated by the production of the offender’s driver’s license.

 

70.If I am unable to attend traffic court, what do I do?

If an individual is unable to attend court, someone can be asked to represent him or her on the given date.  If this is not possible a message can be sent to the court's office outlining the difficulties faced.  If it is a medical reason a medical certificate must be submitted to the Court.

 

71.I paid my traffic ticket at the Court's Office and it still appears on the system, what do I do?

If a paid ticket is still on the TTMS as being unresolved then the offender should attend the court's office and speak with the traffic clerk.

 

72.My parents/relatives died without leaving a will, how can the court help me?

If a parent dies without leaving a Will an application can be made to the court for Letters of Administration.  The interested party may need assistance from an Attorneys-at-law to file the requisite documents needed.

 

73.Can I complete my documents on line to file a claim and then pay the requisite fees online? No

 

74.Can I have my two different cases against the same persons heard at the same time, even though they did not start at the same time?

 

 

75.Who can apply for a Form D?

A wife, husband, spouse, relative or child may apply to the court for a Form D.  A letter must be written to the coroner clearly outlining the applicant's relationship to the deceased and the reason for applying for the Form D.

 

76.Can I get a copy of my judgment? Yes

 

77.How can the court help me in proving paternity?

An application may be made before the Court for Declaration of Paternity in order to be sure who one's father is by way of DNA testing. This application can be done by affidavits in cases where parties are consenting. On the other hand, an application may be filed and a summons served to the interested party for the court to order a DNA test that will determine who one's biological father is.