As part of its measures to safeguard its staff, attorneys and the public against COVID-19, the High Court on Wednesday released updated practice directions that advised, among other things, that all physical hearings before it and the Court of Appeal would remain suspended for the next month unless otherwise necessary.
The Magistrates’ Courts, however, will continue to operate on a roster basis where magistrates will sit each day on which their respective court district’s offices are open, while they will be on-call on days these offices are closed.
The update said that court sittings for the High and Appeal courts will continue to be conducted remotely, while noting that the court shall include any place, whether or not at a designated court house, where a judge or magistrate elects to sit to conduct the business of the court.
The practice directions notify that all time sensitive filings pursuant to rules of court or orders of court are suspended during the one-month period though affidavits in support of applications must be sworn to as required by law and exhibits to affidavits similarly marked as required.
As regards statute of limitations and time-bound filings, notice is given that where a matter is due to become statute-barred under the Limitation Act, or any other legislation during the one-month period when the practice directions are in force, it may be filed at the Registries when open or by electronic means, notwithstanding its lack of urgency.
The matter must, however, be accompanied with an affidavit explaining the circumstances. Meanwhile, where appeals are required to be filed pursuant to rules of court, such appeals can be filed, also notwithstanding their lack of urgency.
Where an in-person hearing before the appellate court is deemed necessary, all health and safety measures are to be strictly observed, and where hearings are to be conducted remotely, attorneys are advised that they must file and exchange written submissions within four days of the date set for hearing or within such time as may be ordered by the Court.
All pending civil matters in the Essequibo, Demerara and Berbice High courts are to be case managed and heard as the trial judge deems fit.
Physical hearings of all matters may resume during this one-month period subject to an assessment of the prevailing public health conditions and the observance of health and safety measures.
The measures notify that urgent matters and other matters deemed fit for hearing will be heard during the month period, and where physical trials or urgent hearings are considered necessary, they will be curtailed to the minimum period of time necessary. Written submissions, speaking points and addresses as directed by the judge, must be submitted to the Court before the hearing date and the hearing Judge will determine the duration of the trial or hearing.
Where possible, the directions stipulate that hearings will be conducted by electronic means–emails, telephone conference calls–and videoconferencing platforms will be utilised to minimise in-person attendance at Court.
Where parties have arrived at a settlement, whether through mediation or otherwise, and may wish to have judgment entered during this period, application may be made to the hearing judge for the terms of settlement to be reviewed and court order made.
Regarding the assizes, notice is given that the January session of the Demerara assizes is extended until the completion of the pending criminal trials. The May session of the Essequibo criminal assizes is open, as is the June session of the Demerara assizes. The June session of the Berbice assizes will, however be opened on June 16th.
With the exception of pending trials in the Demerara assizes, jury trials continue to be suspended during these sessions until further notice.
Notwithstanding the suspension of jury trials, however, where a prisoner indicates an intention to plead guilty, such plea will be taken in these sessions. Jurors summoned for all three of the High Courts are not required to attend court until notified by the Registrar of the Supreme Court.
These measures are an addition to the emergency directions gazetted on 23rd March, and updated by notices on 3rd April, 5th April, and 23rd April.
