Gazette Amendments To The CPR

THE
JAMAICA 6AZETTE
EXTRAORDINARY
Vol. CXXXVIII
THURSDAY, SEPTEMBER 10,2015
No. 49
The following IVotification is, by command of His Excellency the Governor-General, published for
general information.
TRACEYDANIEL,(MRS.)
Governor-General's Secretary.
DIONNE
JUDICIAL NOTICE
THE RULES COMMITTEE CIVIL PROCEDURE RULES, 2002 APPROVED AMENDMENTS 20 15
AMENDMENTS
TO PART 76 CMLPROCEDURE
RULES--~~ATRIMONIAL
PROCEEDINGS
RULES
Rule
-
Subject
Amendment
Table of Contents
How to commence proceedings1
age of relevant child to reflect the
age stipulated in the Maintenance
Act
Amend in terms of the attached

The age referred to in brackets to be changed from 21 to
23
Rule 76.4(7) will now read: "Where a petition for a decree
of dissolution of marriage, for a decree of nullity of
marriage or for a decree of presumption of death and
dissolution of marriage discloses that there are relevant
children who are minors (or are under the age of twentythree and are being educated in an institution of tertiary
2006
THE JAMAICA GAZETTE EXTRAORDINARY

Rule
Sept. 10, 20 15
Amendment
Subject
--
education), the petition must be accompanied by an affidavit

signed by the petitioner."
Service out of the jurisdiction
To now be rule 76.8
Substituted Service
To now be rule 76.9 and worded "Specified Method of

Service"
Service of documents/Substituted
service
Provision now made for specified
method of service outside the
jurisdiction
To be rule 76.9(1)
An application for permission to substitute for personal
service some other method of service within or outside
of the jurisdiction may be made without notice.
76.8(2) and 76.8(3) to now be 76.9(2) and 76.9(3)
Service of documents1Substituted
service
Provision now made for specified
method of service outside the
jurisdiction
Create a new rule 76.9(4) and (5) to read: 76.9(4)

"On an application for permission to substitute another
form of service for personal service outside the jurisdiction
the Court must be satisfied that the method of service to
be employed is in accordance with the law of the country
in which the service is to take place".
76.9(5)
"Nothing in this part or in any court order authorizes or
requires any person to do anything in the country where
service is to take place which is against the law of that
country".
Proceedings in default
Insert as Rule 76.12(1) the following:

"Subject to Rule 76.12(4), the functions of the court under
this rule may be exercised by a single Judge or a Master."
Renumber the current 76.12(1) to 76.12(2) and insert the
words "or a Master" after the words "a Judge" in
subparagraph (iv).
76.12(2)(iv) to now read:
the fact that there are no relevant children of the marriage
or, where there are children of the marriage, attesting to
arrangements which have been made for their care,
maintenance and upbringing sufficient to satisfy a Judge or
a Master that in the circumstances the welfare of the relevant
children is adequately protected;
Renumber the current 76.12(2) to 76.12(3)
Insert as Rule 76.12(4) the following:
"Where a petition for dissolution of marriage includes a
claim for division of property, an injunction or any order
ancillary to an injunction the application to dispense with
the hearing of such a petition must be referred to a Judge".
Renumber the current 76.12(3) to 76.12(5) and this rule
would now commence:
"Subject to Rule 76.12(4), the application to dispense with
the hearing of the petition must be referred to a Judge or a
Master who may consider the application on paper and may:
(a)
dispense with the hearing of the petition;
(b)
grant, defer or refuse the decree nisi;
(c)
determine that a hearing, whether of the petition

or any claim being pursued, is required and, if
so, schedule such hearing; or
(d)
Proceedings in defaultlorders
to be made when considering
decree nisi applications
issue such directions for the future conduct of

the proceedings as may seem fit".
Rule 76.12(4) (to be renumbered 76.12(6)) redraft to read:

"Where the Decree Nisi is being granted the Judge or the
Master:
Sept. 10, 2015

Rule
-

Subject
2007
Amendment
(a)
Must, if satisfied, certify that having regard to

the evidence of the applicant together with any
other relevant evidence, the arrangements for the
maintenance care and upbringing of any relevant
children are satisfactory or are the best that may
be devised in the circumstances.
(b)
May make such order as to custody, care and

upbringing of the relevant children as in all the
circumstances he deems fit.
(c)
If not satisfied with the arrangements for the

maintenance care and upbringing of any relevant
children or that the arrangements are not the best
that can be devised in the circumstances, must
defer consideration of the certification".
Marginal notes to be inserted at paragraph (c) to read:

["rule 76.14(11) deals with applications for Decrees
Absolute"]
words "or a Master" after the words "a Judge".
76.12(7) to now read:
"When granting the decree nisi, the Judge or a Master must
sign the proposed decree filed in connection with the
application to dispense with the hearing ofthe petition, after
which the decree is to be sealed by the court and issued to
the petitioner".
words "or a Master" after the words "a Judge".
76.12(8) to now read:
"Where an application on a fixed date claim form or an
application for court orders remains undefended, at the first
hearing or any subsequent hearing, the Judge or a Master,
if satisfied that the defendant or respondent has had due
notice of the claim, may consider the application and make
such order as seems fit, including an order giving directions
for the future conduct of the proceedings".
Applications for Decrees
Absolute/orders to be
made when considering
applications for decrees
absolute
Appendix 5
Similar amendment to be made as with r. 76.12(4).

Redraft to read:
"Where the Decree Absolute is being granted the Judge:
Must, if satisfied, certify that having regard to
(a)
the evidence of the applicant together with any
other relevant evidence, the arrangements for
the maintenance care and upbringing of any
relevant children are satisfactory or are the best
that may be devised in the circumstances.
(b)
May make such order as to custody, care and

upbringing of the relevant children as in all the
circumstances he deems fit.
(c)
If not satisfied with the arrangements for the

maintenance, care and upbringing of any
relevant children or that the arrangements are
not the best that can be devised in the
circumstances, must defer consideration of the
certification7'.
Amend in terms of the attached.

Amend in terms of the attached.
2008
Sept. 10, 2015
RULES COMMITTEE CIVIL PROCEDURE RULES 2002

APPROVED AMENDMENTS TO THE MATRIMONIAL PROCEEDNGS FORMS 20 15
WIFE'S PETITION FOR DISSOLUTION OF MARRIAGE
Form MP. 1 [Rule 76.4(1)]
lN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. M
of
BETWEEN
PETITIONER
(Did not take husband's surname) (if applicable)
AND
RESPONDENT
The Petition of [state petitioner's name] nee [state maiden name] or [state that you did not take your husband's name] shows
that:
1. On the
day of
20
[state the date of marriage] the Petitioner [state Petitioner's name], formerly
[state maiden name or surname at the date of the marriage] a [spinsterldivorcCelwidow] was lawfully married to the
Respondent [state Respondent's name] a [bachelorldivorcelwidower] at [state where the marriage took place] in the
parish of [state the parish] by [state name the name of marriage officer], a marriage officer of the Island of Jamaica.
2.
The Petitioner was born on [state the date of birth] at [state place of birth] in the parish of [state the parish] and the
Respondent was born on [state the date of birth] at [state place of birth] in the parish of [state the parish].
3.
(a) The Petitionerlthe Respondent is domiciled in Jamaica at the date of commencement of the proceedings;
or
(b) The Petitionerlthe Respondent is resident in Jamaica at the date of commencement of the proceedings and
has been ordinarily so resident since [state the date]; or
(c) The Petitionerlthe Respondent is a national of Jamaica.
4.
(a) The Petitioner and the Respondent have lived as husband and wife in Jamaica at [state place of residence]
since [state date of commencement of residence at such place]; or
(b) The Petitioner or the Respondent lived at the following place(s) for the period of one year immediately
prior to the date of presentation of the petition [state place of residence] since [state the date of
commencement of residence at such place]; or
(c) The Petitioner and the Respondent have lived overseas at [state place of residence] since [state date of
commencement of residence at such place].
5.
The Petitioner is a [state occupation] and resides at [state place of residence] in the parish of [state parish] and the
Respondent is a [state occupation] and resides at [state place of residence] in the parish of [state parish].
6.
The childlchildren of the marriage islare [state name(s) and date(s) of birth] and the childlchildren that islare relevant
to the proceedings islare as follows:-[state namelnames and dateldates of birth]
(CHILDREN
BETWEEN AGES18-23 YEARSMUST BE STATEDAS RELEVANT
IF MAINTENANCE IS BEING SOUGHT PURSUANT TO
SECTION 16 (3) OF THE ~ ~ A I N T E N A CACT)
E
7.
To the knowledge of the Petitioner, there is no child living at the date ofthe Petition born to the PetitionerRespondent
during the marriage as a result of a union between the Petitioner I Respondent and a person other than the Petitioner1
Respondent.
To the knowledge of the Petitioner, there is a child living at the date of the Petition born to the Petitionerlthe
Respondent during the marriage as a result of a union between the Petitionerlthe Respondent and a person other than
the Petitionerlthe Respondent. The name of the child is [state the name of the child] whose date of birth is [date of
birth of child] and who resides at [state the address].
BETWEEN AGES18-23 YEARSMUST BE STATEDAS RELEVANT
IF MAINTENANCE IS BENG SOUGHT PURSUANT TO
(CHILDREN
16 (3) OF THE W I N T E N A C E ACT)
SECTION
8.
There is a dispute between the Petitioner and the Respondent as to whether a child [state name and, if known, the
date of birth of the child] is a child of the family. The nature of the dispute is that [briefly state the nature of the
dispute].
Or
There is no dispute between the Petitioner and the Respondent as to whether any child is a child of the family.
(Paragraphs 9 and 10 are to be completed, where custody and/or maintenance islare being sought pursuant to rule
76.4 (6) of the Civil Procedure Rules, 2002 as amended).
9. The financial resources of the Petitioner are as follows:

For example:-The
Petitioner operates her own business and earns a monthly income of approximately $80,000.
Sept. 10, 2015
2009
10. The financial resources of the Respondent so far as is known to the Petitioner are as follows:
For example:-The Respondent is a [state occupation] and is employed to [state place of employment] and earns an
income of $80,000 each month.
1 1. There have been no previous proceedings in any Court in Jamaica or elsewhere with reference to the marriage, or to
the children of the marriage, or between the Petitioner and the Respondent with reference to any property of either
or both of them, and if there have been proceedings state(a) the nature of the proceedings;
(b) the date and effect of any decree or order;
(c) in the case of proceedings with reference to the marriage, whether there has been any resumption of
cohabitation since the making of the order.
12. The marriage between the Petitioner and the Respondent has broken down irretrievably.
13. The parties separated in [state the date of separation].
14. The following are the circumstances in which the Petitioner considers the marriage to have broken down
irretrievably:[state the circumstances including any attempts at reconciliation]
15. There is no reasonable likelihood of cohabitation between the parties being resumed.
THEPETITIONER
THEREFORE SEEKSTHE FOLLOWING RELIEF:1. the said marriage be dissolved;
2.
custody, care and control of [state the name of the childchildren] born on [state the date@) of birth(s)] is to be
granted to the Petitioner;
3. the Respondent pays to the Petitioner the sum of [state the amount] as maintenance for the relevant childchildren
[state the name of the childchildren] born on [state the date(s) of birth(s)];
4.
the Respondent pays to the Petitioner such sums for her maintenance as may be determined by the court;
5.
[List any other orders being sought];
6.
she may have such furthedother relief as may be just.
NOTE: 1. Rule 76.4(5) permits the inclusion in the petition of claims for such matrimonial proceedings relief as is
appropriate.
2. An application for a court order is to be filed where a claim for custody and or maintenance are included in the prayer.
The following is the person to be served with this Petition and who is not under disability:
THE RESPONDENT
[state the Respondent's name and address]
I certify that I believe that the facts stated in this Petition are true.
Dated this
day of
20
--
Name of Petitioner
NOTICE TO THE RESPONDENT

This Petition must be personally served unless otherwise permitted by an order of the Court or permitted by rule 76.8
(service out of the jurisdiction).
Rule 76.11 sets out the procedure for responding to the claim and requires you to file an Acknowledgment of Service within
14/28/42/56 days of being served with the Petition, if you wish to respond to the claim. An Acknowledgement of Service is
Form MP 5 in the Matrimonial Proceedings Forms at Part 76 of the Civil Procedure Rules, 2002 as amended.
If you do not complete the form of Acknowledgment of Service and deliver or send it to the Registry (address below) so that
it is received within 14/28/42/56 days of being served with the Petition, the Petitioner will be entitled to proceed in default
against yon. See rule 76.12
The form of Acknowledgment of Service may be completed by you or an Attorney-at-Law acting for you.
2010
Sept. 10, 2015
You should consider obtaining legal advice with regard to the claim contained in the Petition.
[SEAL]
The Registry is at The Supreme Court, Public Buildings, King Street, Kingston, telephone numbers: (876) 922-8300-9,
Fax: (876) 967-0669. The office is open between 9:00 a.m. and 4:00 p.m. Mondays to Thursdays and 9:00 a.m. to 3:00 p.m.
on Fridays except on Public Holidays.
The Petitioner's address for service is (If appearing in person, state Petitioner's address) or (If there is an Attorney-at-Law
state attorney's name, address and telephone number).
FILED by [state the name and address of the Petitioner if appearing in person, or where represented, the name address and
telephone number of the law firm or the attorney-at-law].
HUSBAND'S PETITION FOR DISSOLUTION OF MARRIAGE

FormMP. 1 [Rule 76.4(1)]
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
CLAIM NO. M
of
BETWEEN
PETITIONER
RESPONDENT
AND
The Petition of [state petitioner's name] shows:
1. On the
day of
20
[state the date of marriage] the Petitioner [state Petitioner's name], a [bachelor/
divorceClwidower] was lawfully married to the Respondent [state Respondent's name] a [spinsterldivorceelwidow]
at [state where the marriage took place] in the parish of [state the parish] by [state name of marriage officer], a
marriage officer of the Island of Jamaica.
2.
The Petitioner was born on [state the date of birth] at [state place of birth] in the parish of [state the parish] and the
Respondent was born on [state the date of birth] at [state place of birth] in the parish of [state the parish].
3.
(a) The Petitionerlthe Respondent is domiciled in Jamaica at the date of commencement of the proceedings;
or
(b) The Petitionerlthe Respondent is resident in Jamaica at the date of commencement of the proceedings and
has been ordinarily so resident since [state the date]; or
(c) The Petitionerlthe Respondent is a national of Jamaica.
4.
(a) The Petitioner and the Respondent have lived as husband and wife in Jamaica at [state place of residence]
since [state date of commencement of of residence at such place]; or
(b) The Petitioner or the Respondent lived at the following place(s) for the period of one year immediately
prior to the date of presentation of the petition [state place of residence] since [state the date of
commencement of residence at such place]; or
(c) The Petitioner and the Respondent have lived overseas at [state place of residence] since [state date of
commencement of residence at such place].
5.
The Petitioner is a [state occupation] and resides at [state place of residence] in the parish of [state parish] and the
Respondent is a [state occupation] and resides at [state place of residence] in the parish of [state parish].
6.
The childlchildren of the marriage islare [state name(s) and date(s) of birth] and the childlchildren that islare
relevant to the proceedings islare as follows:[state name/names and dateldates of birth] (CHILDREN
BETWEEN AGES 18-23 YEARS MUST BE STATEDAS RELEVANT
IF MAINTENANCE
IS BEING SOUGHT PURSUANT TO RULE16(3) OF THE MAINTENACE ACT)
7.
To the knowledge of the Petitioner, there is no child living at .the date of the Petition born to the Petitioner1
Respondent during the marriage as a result of a union between the PetitionerlRespondent and a person other than
the PetitionerIRespondent.
Or
To the knowledge of the Petitioner, there is a child living at the date of the Petition born to the Petitionerlthe
Respondent during the marriage as a result of a union between the Petitionerlthe Respondent and a person other
than the Petitionerlthe Respondent. The name of the child is [state the name of the child] whose date of birth is
[date of birth of child] and who resides at [state the address].
(CHILDREN
BETWEEN AGES 18-23 YEARS MUST BE STATEDAS RELEVANT
IF MAINTENANCE IS BEING SOUGHT PURSUANTTO
RULE16(3) OF THE MAINTENACE
ACT)
8.
There is a dispute between the Petitioner and the Respondent as to whether a child [state name and, if known, the
date of birth of the child] is a child of the family. The nature of the dispute is that [briefly state the nature of the
dispute].
Or
Sept. 10, 20 15
201 1
THE RULES COMMITTEE COURT OF APPEAL RULES 2002, APPROVEDAMENDMENTS 201 5

There is no dispute between the Petitioner and the Respondent as to whether any child is a child of the family.
(Paragraphs 9 and 10 are to be completed, where custody andlor maintenance islare being sought pursuant to rule
76.4 (6) of the Civil Procedure Rules, 2002 as amended)
9.
The financial resources of the Petitioner are as follows:

For example:-The
Petitioner operates his own business and earns a monthly income of approximately $80,000.
10. The financial resources of the Respondent so far as is known to the petitioner are as follows:
For example:-The Respondent is a [state occupation] and is employed to [state place of employment] and earns
an income of $80,000 each month.
11. There have been no previous proceedings in any Court in Jamaica or elsewhere with reference to the marriage, or
to the children of the marriage, or between the Petitioner and the Respondent with reference to any property of
either or both of them, and if there have been proceedings state(a) the nature of the proceedings;
(b) the date and effect of any decree or order;
(c) in the case of proceedings with reference to the marriage, whether there has been any resumption of
cohabitation since the making of the order.
12. The marriage between the Petitioner and the Respondent has broken down irretrievably.
13. The parties separated in [state the date of separation].
14. The following are the circumstances in which the Petitioner considers the marriage to have broken down
irretrievably:[state the circumstances including any attempts at reconciliation]
For example:-The
that time.
parties separated in [state the date of separation] and they have not cohabited as man and wife since
15. There is no reasonable likelihood of cohabitation between the parties being resumed.
THE PETITIONERTHEREFORE
SEEKS THE FOLLOWING RELIEF:-
1. the said marriage be dissolved;

2.
custody, care and control of [state the name of the childlchildren] born on [state the date(s) of birth(s)] is to be
granted to the Petitioner;
3.
[List any other orders being sought];
4.
he may have such furtherlother relief as may be just.
NOTE: 1. Rule 76.4 (5) permits the inclusion in the petition of claims for such Matrimonial proceedings relief as is appropriate.
2. An application for a court order is to be filed where a claim for custody andlor maintenance are included in the
prayer.
The following is the person to be served with this Petition and who is not under disability:
THE RESPONDENT
[state the Respondent's name and address]
I certify that I believe that the facts stated in this Petition are true.
Dated this
day of
20
2012
Sept. 10, 2015
NOTICE TO THE RESPONDENT

This Petition must be personally served unless otherwise permitted by an order of the Court or permitted by rule 76.8
(service out of the jurisdiction).
Rule 76.1 1 sets out the procedure for responding to the claim and requires you to file an Acknowledgment of Service within
14128142156 days of being served with the Petition, if you wish to respond to the claim. An Acknowledgement of Service is
Form MP 5 in the Matrimonial Proceedings Forms at Part 76 of the Civil Procedure Rules, 2002 as amended.
If you do not complete the form of Acknowledgment of Service and deliver or send it to the Registry (address below) so that
it is received within 14128142156 days of being served with the Petition, the Petitioner will be entitled to proceed in default
against you. See rule 76.12
The form of Acknowledgment of Service may be completed by you or an Attorney-at-Law acting for you.
You should consider obtaining legal advice with regard to the claim contained in the Petition.
The Registry is at The Supreme Court, Public Buildings, King Street, Kingston, telephone numbers (876) 922-8300-9,
fax: (876) 967-0669. The office is open between 9:00 a.m. and 4:00 p.m. Mondays to Thursdays and 9:00 a.m. to 3:00 p.m.
on Fridays except on Public Holidays.
The Petitioner's address for service is (If appearing in person, state Petitioner's address) or ( If there is an Attorney-at-Law
state attorney's name, address and telephone number]
AFFIDAVIT ACCOMPANYING PETITION

Form MP. 4 [Rule 76.4(9)]
CLAIM NO. M
of
BETWEEN
PETITIONER
AND
RESPONDENT
I, [state the name of the Petitioner] being duly sworn make oath and say as follows:1.
I reside and have my true place of abode and postal address at [state address] in the parish of [state parish]. I am a
[state occupation] and the Petitioner herein.
2.
The following are the particulars of the arrangements for the maintenance, care, education and upbringing of the
relevant childlchildren of the marriage, [state the namelnames and dateldates of birth of the childlchildren].
(a) Residence
[Provide details in relation to residence, number of persons at residence and list those persons, aftercare and caregivers1
Example: [state the name of the childlchildren] now lives with the Petitioner and will continue to live with the Petitioner at
[state the address] in the parish of [state the parish].
The residence is a three (3) bedroom house with two (2) bathrooms. The home has the usual amenities and is
adequate for the child'slchildren's needs. The Petitioner's mother [state the name of the mother] also resides in
the home together with the Petitioner.
(b) Education
State the immediate educational or vocational prospects and or plans for the childlchildren
Example: The childlchildren attend(s) [state the name of the school] in the parish of [state the parish] and will continue to
attend (name of school) until helshe sits GSAT, where it is expected that helshe will proceed to a secondarylhigh
school, then on to a tertiary institution as his /her aptitude will allow.
(c) Religious Upbringing
The childlchildren, [state the name of the child /children] worship(s) at [state the place of worship] in the parish
of [state the parish].
,-
Sept. 10, 2015
2013
(d) Financial Provision
Example: I earn approximately $80,000 per month and I take care of child'slchildren's needs.
The Respondent contributes to the maintenance of [state the name of the childlchildren] by paying the sum of
$10,000 per month to the Petitioner; $20,000 per term for school fees and $2,000 per week for lunch money.
The Petitioner bears all other expenses for the maintenance of the childlchildren].
[If applicable] I intenddo not intend to make an application for maintenance from the respondent or I have made
an application for maintenance fiom the respondent.
(e) Custody
The Petitioner
1. seeks sole custody, care and control of [state the name of the childchildren;
2. agrees that custody of [state the name of childlchildren ] be joint with the Respondent with care and control
to the Petitioner; or
3. agrees that custody of [state the name of childlchildren ] be joint with the Respondent with care and control
to the Respondent.
fi
Access
Example: The Respondent has liberal access to the said childchildren on alternate weekends and at any other times that are
mutually agreed between the parties.
(a
Health
Example: The child islchildren are not suffering fiom any serious disability or chronic illness or fiom the effects of any
such illness.
SWORN to at
in the parish of
PETITIONERIRESPONDENT
this
day of
20
before me:
JUSTICE OF THE PEACE FORTHE I

PARISH OF:
FlLED by [state the name and address of the Petitioner if appearing in person, or where represented, the name address and
NOTICE OF APPLICATION TO DISPENSE WITH HEARING

Form MP. 7
[Rule 76.12 (2)]
1N THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. M
of
BETWEEN
PETITIONER
AND
RESPONDENT
The Petitioner [state the petitioner's name] seeks an Order that:

1. the hearing of the Petition for dissolution of the marriage which took place on [state the date of marriage] be
dispensed with;
2. the relief sought in the Petition be granted;
3. there be such further or other relief as may be just.
The ground on which the Petitioner seeks the said Order is that the Respondent, who was served on [state the date of service]
(a) has failed to file an Acknowledgment of Service within (14128142156) days of service;
(b) has filed an acknowledgment of service and has failed to file an Answer within (28156170184) days of the date of
service; or
2014
THE JAMAICA GAZETTE EXTRAORDlNARY
Sept. 10, 201 5
(c) has filed an acknowledgment of service and an answer and the matter is proceeding pursuant to the order of the
court and pursuant to Part 76.12(2) of the Civil Procedure Rules, 2002 as amended, the Petitioner desires to
proceed in default.
NOTE: This application is to be referred to a Judge or Master to be considered on paper.
Dated the
day of
20
Petitioner's Attorney-at-Law
AFFTDAVIT
IN SUPPORT
OF NOTICE OF APPLICATION
TO DISPENSE
WITH HEARING OF PETITION
Form MP. 7A
[Rule 76.12 (2)]

CLAIM NO. M
BETWEEN
PETITIONER
AND
RESPONDENT
I [state the name of the Petitioner] being duly sworn make oath and say as follows:1. I reside at [state the address] in the parish of [state the parish]. I am a [state occupation] and I am the Petitioner
herein.
2.
The Respondent [state the name of the Respondent] and I were married on [state the date of marriage] at [state the
place of marriage] in the parish of [state the parish] by [state the name of the marriage officer], a marriage officer in
the island of Jamaica [or otherwise state the country if the marriage did not take place in Jamaica]. I exhibit hereto
a certified copy of my marriage certificate marked "RIWI" for identification.
3.
Service of the Petition for Dissolution of Marriage dated [state the date of the petition], the Notice to Respondent
dated [state the date of the Notice], the Affidavit Accompanying Petition, where applicable [state the date of the
Affidavit] and Acknowledgment of Service Form was effected upon the Respondent on [state the date of service].
[If the Petitioner pointed out Respondent to the Process Server then that must be stated]
I am informed by my Attorney-at-Law [state the name of the Attorney-at-Law] and do verily believe that no
acknowledgment of service or affidavits have been filed on behalf of the Respondent.
Or
I am informed by my Attorney-at-Law and do verily believe that an acknowledgment of service was filed and that no
answer or affidavits have been filed on behalf of the Respondent.
5 . There are no relevant children.
Or
[If there are relevant children state their names and dates of birth and set out the arrangements for their maintenance,
care and upbringing]
4.
6.
The Respondent and I separated in or about [state the date of separation]. The relationship broke down due to [state
the circumstances giving rise to the breakdown of the marriage]. The Respondent and I made attempts to reconcile
the marriage by [state what kinds of attempts were made] or the Respondent and I did not make any attempts to save
the marriage.
7.
I request that in the circumstances, this Honourable Court may see it fit to dispense with the hearing of the Petition,
and grant the relief sought in the Petition.
SWORN to at
in the parish of
this day of
20 ...
before me
Justice of the Peace
for the parish o f
Sept. 10, 201 5
2015
This is a certified copy of my marriage certificate mentioned and referred to in paragraph two (2) of my Affidavit sworn to
on the
day of
SWORN to at
in the parish of
this day of
before me
.
.
20 ....
[state the Petitioner's name]

for the parish of:
(THIS FORM IS TO BE USED WHERE THERE ISIARE NO RELEVANT CHILDICHILDREN)
DECREE NISI FOR DISSOLUTION OF M R R I A G E

Form MP 8 (Rule 76.12(3) and 76.14(3))
CLAIM NO. M
of
BETWEEN
PETITIONER
AND
RESPONDENT
The
day of
20
The
Having been satisfied that:
1. The marriage of the Petitioner and the Respondent has irretrievably broken down.
2.
The Petitioner and the Respondent have lived separate and apart for a continuous period of one year immediately
preceding the presentation of the Petition.
3.
There is no reasonable likelihood of cohabitation being resumed between the Petitioner and the Respondent.
HEREBY DECREES that:

The marriage which took place on the [state the date of marriage] between [state the name of the Petitioner as filed]
(described in the marriage certificate as [state the name on the marriage certificate]) and [state the name of the Respondent
as filed] (described in the marriage certificate as [state the name on the marriage certificate]) at [state the address that
the marriage took place as stated on the marriage certificate] in the parish of [state the parish] be dissolved unless
sufficient cause be shown to the Court within six (6) weeks from the making of this Decree why this Decree should not
be made absolute.
JUDGE I MASTER
NOTES: 1. A party to the marriage who marries again before this decree is made absolute (unless the other party has died)
commits the offence of bigamy.
2 . If before this decree is made absolute, it comes to the notice of a party to the marriage that the other party has
died, he or she should file an Affidavit in the Registry giving particulars of the date and place of death.
3.
If the parties to the marriage become reconciled before this decree is made absolute, application must be
made to the court for rescission of this decree before it is made absolute.
2 0 16
Sept. 10, 2015
(THIS FORM IS TO BE USED WHERE THERE ISIARE RELEVANT CHILDICHILDREN)

DECREE NISI FOR DISSOLUTION OF MARRIAGE
Form MP 8 (Rule 76.12(3) and 76.14(3))

CLAIM NO. M
BETWEEN
PETITIONER
AND
RESPONDENT
The
day of
20
The
Having been satisfied that:
(1) The marriage of the Petitioner and the Respondent has irretrievably broken down.
(2) The Petitioner and the Respondent have lived separate and apart for a continuous period of one year immediately
preceding the presentation of the Petition.
(3) There is no reasonable likelihood of cohabitation being resumed between the Petitioner and the Respondent.
[PARAGRAPH 4 IS TO BE INCLUDED WHERE THE ARRANGEMENTS FOR THE RELEVANT CHILDICHILDREN
ARE TO BE CERTIFED BY THE JUDGE GRANTING THE DECREE NISI]
(4)
And having regard to the evidence on oath of the petitioner this Court certifies that the arrangements for the
maintenance care and upbringing of the relevant childchildren namely [state name(s)] born on [state date(s) of
birth] are the best that can be devised in the circumstances.
[PARAGRAPHS 5 & 6 ARE TO BE INCLUDED WHERE APPLICABLE]
(5)
Custody of [state name of childchildren] born on [state date(s) of birth] ought to be granted to the Petitioner. [6]
The Respondent will have liberal access to the said child/children.
(6)
The Respondent will have liberal access to the said childlchildren.
HEREBY DECREES THAT:[A]
The marriage which took place on the [state the date of marriage] between [state the name of the Petitioner] and
[state the name of the Respondent] at [state the address that the marriage took place] in the parish of [state the
parish] be dissolved unless sufficient cause be shown to the Court within six (6) weeks from the making of this
Decree why this Decree should not be made absolute.
w]
Custody of [state the name of childlchildren] born on [state the date(s) of birth] is granted to the Petitioner.
[C]
The Respondent will have liberal access to the said childchildren.
JUDGE 1MASTER
NOTES:
1. A party to the marriage who marries again before this Decree is made absolute (unless the other party has
died) commits the offence of bigamy.
2.
If before this Decree is made absolute, it comes to the notice a party to the marriage that the other party has
died, he or she should file an affidavit in the Registry giving particulars of the date and place of death.
3.
If the parties to the marriage become reconciled before this decree is made absolute, application must be
made to the court for rescission of this decree before it is made absolute.
Sept. 10, 201 5
20 17
(THIS FORM IS TO BE USED WHERE THERE ISIARE NO RELEVANT CHILDICHILDREN)

DECREE ABSOLUTE
FORM MP. 10 [Rule 76.14(9)]
IN SUPREME COURT OF JUDICATURE OF JAMAICA
CLAIM NO. M
of
BETWEEN
PETITIONER
AND
RESPONDENT
A Decree ,Visi for Dissolution of Marriage having been granted in these proceedings on the [state the date that the Decree
Nisi was granted] by the Honourable Mr./Mrs./Miss Justice [state the name of the Judge] by which it was decreed that the
marriage which took place on the [state the date of marriage] at [state the address that the marriage took place] in the parish
of [state the parish] between the petitioner [state the Petitioner's name as filed] (described in the marriage certificate as
[state the name on the marriage certificate]) and the Respondent [state the Respondent's name as filed] (described in the
marriage certificate as [state the name on the marriage certificate]) be dissolved on the ground that it had broken down
irretrievably and no cause having been shown to the Court why the said decree should not be made absolute, the Court now
pronounces and declares the said marriage dissolved and the said Decree Nisi is made absolute.
Dated this
day of
20
JUDGE
FILED by [state the name and address of the Petitioner if appearing in person, or where represented, the name, address and
telephone number of the law firm or the attorney-at-law.
DECREE ABSOLUTE
FORMMP. 10 [Rule 76.14(9)]
IN SUPREME COURT OF JUDICATURE OF JAMAICA
CLAIM NO. M
BETWEEN
PETITIONER
AND
RESPONDENT
A Decree Nisi for Dissolution of Marriage having been granted in these proceedings on the [state the date that the Decree
Nisi was granted] by the Honourable Mr./Mrs./Miss Justice [state the name of the Judge] by which it was decreed that the
marriage which took place on the [state the date of marriage] at [state the address that the marriage took place] in the parish
of [state the parish] between the petitioner [state the Petitioner's name as filed] (described in the marriage certificate as
[state the name on the marriage certificate]) and the Respondent [state the Respondent's name as filed] (described in the
marriage certificate as [state the name on the marriage certificate]) and having regard to the evidence on oath of the applicant
and having certified the arrangements for the maintenance, care and upbringing of the relevant children, namely [state the
name of the child] born on [state the date of birth] and [state the name of the child] born on [state the date of birth] are the best
that may be devised in the circumstances or are satisfactory and no cause having been shown to the Court why the said decree
should not be made absolute, the Court now pronounces and declares the marriage dissolved and the said Decree Nisi is made
absolute.
Dated this
day of
20
---
JUDGE
FILED by [state the name and address of the Petitioner if appearing in person, or where represented, the name, address and
2018
Sept. 10, 2015
NOTICE OF APPLICATION
FOR DECREE
NISITO BE MADE ABSOLUTE
FORM MP 11
CLAIMNO.
BETWEEN
PETITIONER
AND
RESPONDENT
TAKE NOTICE that the Petitioner, [state the Petitioner's name], hereby applies for the Decree Nisi pronounced in this cause
on the [state the date that the Decree Nisi was granted] before the Honourable Mr./Mrs./Miss Justice [state the name of the
Judge/master] to be made absolute. [And where required (i) for an order to certify the arrangements for the childlchildren
where they were not previously certified andlor (ii) an order for custody and maintenance of the relevant child/children].
Dated this
day of
20
PER:
ATTORNEYS-AT-LAW FOR THE PETITIONER
To:
The Registrar
Supreme Court
King Street
Kingston
And To:
The Respondent
C/Ohis Attorneys-at-Law
(state name and address)
(THIS FORM IS TO BE USED WHERE THERE IS/ARE NO RELEVANT CHILDICHILDREN)

AFFIDAVIT OF [STATE THE PETITIONER7S/RESPONDENT'S
NAME] IN SUPPORT OF APPLICATION FOR DECREE
ABSOLUTE
Form MP. 12
[Part 76.14 (a)]

CLAIM NO. M
BETWEEN
PETITIONER
AND
RESPONDENT
I, [state the name of the PetitionerRespondent] being duly sworn make oath and say as follows:1.
I reside and have my true place of abode at [state the address] in the parish of [state the address] and I am a [state the
occupation] and the Petitioner herein.
2.
On the [state the date that the Decree Nisi was granted] the Decree Nisi was granted by the Honourable Mr./Mrs./
Miss Justice [state the name of the Judge or master]. I exhibit hereto marked "RIW1" for identification a copy of the
Decree Nisi.
3.
At the date of the Decree Nisi, there were no relevant children . At the time of making this application, there are no
relevant children.
4.
I am not aware of any application to set aside the granting of the Decree Nisi.
5.
Having regard to the above, I humbly pray that this Honourable Court will deem it fit to pronounce the Decree Nisi
herein absolute.
\
SWORN to at
in the parish of
this day of
before me
[State the Petitioner's 1 Respondent's name]
Justice of the Peace for the

parish of:
Sept. 10, 2015
2019

AFFIDAVIT OF [STATE THE PETITIONER'SIRESPONDENT'SNAME] IN SUPPORT OF APPLICATION FOR DECREE
ABSOLUTE
FORM MP 12
CLAIM NO. M
BETWEEN
PETITIONER
AND
RESPONDENT
I [state the name of the PetitionerIRespondent] being duly sworn make oath and say as follows:1.
I live and have my true place of abode and postal address at [state the address] in the parish of [state the address]. I
am a [state the occupation] and the PetitionerIRespondent herein.
2.
On the [state the date that the Decree Nisi was granted] the Decree Nisi was granted by the Honourable Mr.1Mrs.l
Miss Justice [state the name of the Judge]. I exhibit hereto marked "RIW1" for identification a Copy of the Decree
Nisi.
3.
There are two [2] relevant children of the marriage namely, [state the name of the childlchildren] born on the [state
the date of birth] and [state the name of the childchildren] born on the [state the date of birth].
4.
At the time of the granting of the Decree Nisi, the Honourable Mr./Mrs./Miss Justice [state the name of the Judge]
certified that the arrangements in place for the maintenance, care and upbringing of the childlchildren were
-.
(a) the best that can be devised in the circumstances; or

(b) satisfactory
The arrangements remain as follows:A. RESIDENCE
Example: The relevant childchildren [state the name(s)] reside with me the petitioner and will continue to do so at
[state address] in the parish of [state parish] in a [state number of rooms] bedroom home. The house has the
usual amenities consisting of a bathroom, kitchen, and living and dining room. No one else lives in the house
[if not state the names of the other persons].
State the immediate educational or vocational prospects andor plans for the childlchildren
Example The childlchildren [state their names] attend(s) school at [state the name of the school or schools] in the
parish of [state the parish]. The childchildren islare in grades [state the grades1,until helshe sits GSAT, where
it is expected that helshe will proceed to a secondarylhigh school, then on to a tertiary institution as hisher
aptitude will allow.
UPBRINGING
C. RELIGIOUS
Both children receive their religious instructions at [state the place of worship] in the parish of [state the parish].
D. FINANCIAL
PROVISION
Example: I earn approximately $80,000.00 per month and I take care of the children's needs.
I spend approximately $30,000.00 per month towards food, clothes and other necessities for and I also pay
their school fees and other educational expenses.
E. CUSTODY
AND ACCESS
Example: The Petitioner has custody of [state the name of the childlchildren].
The Respondent has access to them at any time helshe wishes to see them. In this regard the children visit the
Respondent approximately three times per month.
F. HEALTH
Example: The said childlchildren islare generally healthy and happy and suffer from no disabilities, chronic illness or
from the effects of such illness.(Disability or illness to be stated where applicable)
OR
That at the time of the granting of the Decree Nisi, the Honourable Mr./Mrs./Miss Justice [state the name of the Judge] did
not certify the arrangements in place for the maintenance, care and upbringing of the childlchildren but reserved the matter
for hearing in chambers. That by order of the court on the [state the date of the order] the Honourable Mr./Mrs./Miss Justice
[state the name of the Judge] ordered as follows: [set out the orders]
[Paragraph 5 is to be included only in circumstances where the arrangements have changed]
5.
That the current arrangements for the maintenance, care and upbringing for the child are now as follows:A. RESIDENCE
Example: The childlchildren reside(s) with me at [state the address] in the parish of [state parish] and will continue
to do so. The house is a [state the number of rooms] bedroom home where each has their own room. The
house has the usual amenities consisting of a bathroom, kitchen, and living and dining room. No one else
lives in the house [if not state the names of the other persons].
2020
Sept. 10, 2015
Example: The childichildren attend(s) [state the name of the school] in the parish of [state the parish] where he or
she is in grade [state the grade] (state arrangements put in place for after school care where the
childlchildren islare under 12 years of age). The childichildren receive(s) religious instructions at [state
the place of worship] in the parish of [state parish].
C. FINANCIAL
PROVISION
Example: I earn approximately $80,000.00 per month and I take care of the children's needs.
I spend approximately $30,000.00 per month towards food, clothes and other necessities for and I also
pay their school fees and other educational expenses.
I have no intention to ask for assistance for maintenance from the respondent.
D. CUSTODYAND
ACCESS
Example: The Respondent has access to [state the name(s) of the childichildren], (state specific date(s), time(s)
agreed between the parties or as stipulated or ordered by the court).
E. HEALTH
Example: The said childichildren are generally healthy and happy and suffer from no disabilities, chronic illness
or from the effects of such illness. (Disability or illness to be stated, if applicable)
6. If the filing of the notice of application for Decree Absolute is delayed for more than 12 months+That there has
been a delay of twelve (12) months or more since the Decree Nisi was granted on) [state the date that the Decree
Nisi was signed] (explain circumstances)
7. 1 am not aware of any application to set aside the granting of the Decree Nisi.
8. That having regard to the above, I humbly pray that this Honourable Court will deem it fit to certify the arrangements
which are in place for the maintenance, care and upbringing of the relevant childichildren as the best that can be
devised in the circumstances, and also to pronounce the Decree Nisi herein absolute.
SWORN to by the said
at
I in the parish of
this
day of
before me
--

for the parish of:
20
I
[state the Petitioner's i Respondent's name]
Sept. 10, 2015
202 1
APPENDIX 5
Form MP. 1
Petition for Dissolution of Marriage
Rule 76.4(1)
Form MP. 2
Petition for Nullity of Marriage
Rule 76.4(1)
Form MP. 3
Petition for Presumption of Death

and Dissolution of Marriage
Rule 76.4(1)
Form MP. 4
Affidavit Accompanying Petition
Rule 76.4(9)
Form MP. 5
Acknowledgment of Service
Rule 76.10
Form MP. 6
Answer in response to Petition
Rule 76.1 l(1)
Form MP. 7
Application to Dispense with a Hearing
Rule 76.12(2)
Form MP 7A
Affidavit in Support of Notice to Dispense

with hearing
Rule 76.12 (2)
Form MP. 8
Decree Nisi for Dissolution of Marriage
Rule 76.12(3)
Form MP. 9
Decree Nisi for Nullity of Marriage
Rule 76.14(2)
Form MP. 10
Decree Absolute
Rule 76.14(9)
Form MP. 1 1
Notice of Application for Decree

Absolute
Form MP. 12
Affidavit in Support of Notice Application

for Decree Absolute
Rule 76.14 (8b.f.)
TABLE OF CONTENTS
PROCEEDNGS
MATRIMONIAL
Contents of this Part
Scope of this Part
Matrimonial Proceedings
Rule 76.1
Definitions
Rule 76.2
Application of other parts to these rules
Rule 76.3
Commencement of proceedings
Rule 76.4
Application for Dissolution of Marriage prior

to the expiration of two years
Rule 76.5
Application for court orders
Rule 76.6
Service
Rule 76.7
Service out of the jurisdiction
Rule 76.8
Specified Method of Service
Rule 76.9
Acknowledgment of Service
-service within the jurisdiction
Rule 76.10
Response to claim
Rule 76.1 1
Proceedings in default
Rule 76.12
Trial of Issues
Rule 76.13
General provisions relating to dissolution of marriage
Rule 76.14
Rescission of decrees nisi
Rule 76.15
Where petition is not pursued
Rule 76.16
Transitional Provisions
Rule 76.17
Forms
Rule 76.18
ZAILAMCCALLA,
OJ
Chief Justice
PANTON,
O.J. C.D.
SEYMOUR
President of the Court of Appeal
HILARY
PHILLIPS,
C.D.
Judge of Appeal
2022
Sept. 10, 2015

GLORIASMITH
Senior Puisne Judge
SANDRAMINOTT-PHILLIPS,Q.C.
Attorney-at-Law
CARLENE
LARMOND
Director of Iitigation
Attorney General's Chambers
ALTHEAJARRETT
Director of State Proceedings
Sept. 10, 2015
2023
THE RULES COMMITTEE CIVIL PROCEDURE RULES, 2002

APPROVED AMENDMENTS 20 15
AMENDMENTS
TO PART18 CIVILPROCEDURE
RULES-ANCILLARYCLAIMS
Insert a new rule 18.2(2) and renumber the other subparagraphs appropriately. Rule 18,5(5) to be deleted.
Rule
Subject
Amendment
18.2(2)
18.2(2)
18.2(3)
18.2(4)
18.2(5)
18.5(5)
Ancillary claim to be treated as

claim for purposes of these rules
Procedure for making ancillary

claim
An Ancillary Claim is made when the Ancillary Claim form

is filed, save and except in the case of a counterclaim.
To be renumbered 18.2(3)
This rule is to be deleted.
ZAILAMCCALLA,OJ
Chief Justice
PANTON, O.J. C.D.
SEYMOUR
HILARYPHILLIPS,
C.D.
Judge of Appeal
GLORIASMITH
Senior Puisne Judge
CARLENELARMOND
Director of litigation
ALTHEA JARRETT
THE RULES COMMITTEE COURT OF APPEAL RULES, 2002 APPROVED AMENDMENTS, 2015
Amendment
Subject
--
Registry Hours
Amend to read "Except for public holidays, the registry

shall be opened Monday to Thursday from 9:OOa.m. to
4:OOp.m. and on Friday from 9:OOa.m. to 3:OOp.m."
How to obtain permission to

appeal
Delete from 1.8(5) the words "may be considered by a

single judge of the court unless it is an appeal involving a
sentence of death" and insert the words "must be" between
"appeal" and "made".
Rule 1.8(5) would therefore read:-"An
application for
permission to appeal must be made to the court."
Delete 1.8(6)
Delete 1.8(7)
Renumber the current 1.8(8) to 1.8(6) and delete:
"The single judge or"
2024
Sept. 10, 2015
Amendment
Subject
"(a)"
"(b) whether that hearing is to be by a single judge or the
court."
The amended 1.8(6) would therefore read:
"The single judge or the court may direct that notice of the
application for permission be given to any party to the
proceedings in the court below who may be affected by the
application for permission to appeal and that a hearing be
fixed."
Powers of single judge
Insert as Rule 2.11 (2) the following:

"Paragraph (l)(e) does not include an application for
extension of time to file an appeal".
Renumber the current paragraph (2) as paragraph (3)
Insert after the word "application" in 2.1 1 (l)(e) the
following:
"including an application for extension of time to file
skeleton submissions and records of appeal."
Rule 2.1 l(l)(e) would therefore read:
"on any other procedural application including an
application for extension o f time t o file skeleton
submissions and records of appeal."
Insert after the word "court" in 2.1 l(2) the following:
"on an application made within 14 days of that order"
Rule 2.11 (2) would therefore read:
"Any order made by a single judge may be varied or
discharged by the court on an application made within 14
days of that order."
Time for filing and serving notice

of appeal
6'
Consistency between rules

42.5(2) and 6.1(1) of CPR)
In the case of an interlocutory appeal where permission is

not required, within 14 days ofthe date on which the decision
appealed against was made.
In the case of any other appeal, within 42 days of the date
on which the order or judgment appealed against was made.
CPR 4 2 . 5 ( 2 p e l e t e the words "on whose claim or
application the order was made" and replace with "obtaining
the judgment or order on the claim or application". The
word "unless" remains.
The amendment would therefore be:"Subject to paragraph (5), every judgment must be drawn
up and filed at the registry by the party obtaining the
judgment or order on the claim or application, unless ..."
(Use of "must" vs "may")
CPR 42.5(3)--The word "may" remains.

(delete the words "after the direction was given")
Rule 42.5(3) would therefore read:
"where a party fails to file a draft of an order in accordance
with paragraph 2 above within 7 days any other party may
draw and file the order"
Service of applications
Renumber 2.10(2), (3) and (4) as 2.10(3),(4) and (5) and

insert as 2.10(2):
"where service is required notice of such application must
be
(a)
served on every other party and
(b) filed with an endorsement admitting service and/

or affidavit of service."
Sept. 10, 2015

Amendment
Subject
Security for costs
(power of single judge)
2025
Insert the words "or the single judge" after "court" in line
1.
Delete "of the appeal" after "costs" in line 5 and replace
with the words "occasioned by an appeal"
Rule 2.12(1) would therefore read: "The court or the single
judge may order(a) the appellant; or
(b) a respondent who files a counter-notice asking the
court to vary or set aside an order of a lower court,
to give security for the costs occasioned by an appeal."
2.12(3) and (4)
In each insert the words "or the single judge" after "court"
The amendment to rule 2.12(3) would therefore be:"In deciding whether to order a party to give security for
the costs of the appeal, the court or the single judge must
consider(a)
....
(b)
...."
Rule 2.12(4) would therefore read:"On making an order for security for costs the court or the
single judge must order that the appeal be dismissed with
costs if the security is not provided in the amount, in the
manner and by the time ordered."
Amendments
Insert the words "notice and" before "grounds of appeal"

The amendment would therefore be:
"The appellant may, except on a procedural appeal, amend
the notice and grounds of appeal once without
permission ..."
Insert the words "and grounds" after "notice" and before
"of'
The amendment would therefore be:
"The court may give permission for a party to amend the
notice and grounds of appeal or counter-notice."
2026
Sept. 10, 20 15
THE RULES COMMITTEE COURT OF APPEAL RULES 2002 APPROVED AMENDMENTS 20 15 COURT OF
APPEAL RULESAND THE JUDICATURE (RESIDENT MAGISTRATES) ACT
PartIRule
Subject
--
1.9 and 1.11
How to appealltime for filing

and serving notice of appeal
Action by registry on receipt

of notice of appeal
Amendment
--
Insert at the beginning of each rule the words "Except for

appeals under section 256 of the Judicature (Resident
Magistrates) Act"
Rule 1.9 would therefore read:
"Except for appeals under section 256 of the Judicature
(Resident Magistrates) Act an appeal is made by filing a
notice of appeal at the registry of the court and takes effect
on the day that it is received at the registry."
Rule 1.11 would therefore commence:
"Except for appeals under section 256 of the Judicature
(Resident Magistrates) Act, the notice of appeal must be
filed at the registry and served in compliance with rule
1.15..."
Delete from line 1 the words "a resident magistrates court
or" and delete the words "court or" from line 2.
Rule 2.5(l)(c) to now read:
--
If the appeal is from a tribunal apply to the clerk or other

officer of the tribunal for:
(i)
(ii)
The record-appeals from RM

Courts
How to appeal against conviction
or sentence by RM Court
A certified copy of the record of the proceedings;

A certified copy of the notes of the evidence
given;
(iii) the ruling of the tribunal, of the reasons for the

decision and of any finding on any question of
law under appeal", ....
Delete rule 2.8 because of its inconsistency with sections
256 and 258 of the Judicature (Resident Magistrates) Act.
Delete the words "conviction or sentence by" from line 1
and replace with the words "a judgment of'
Delete from 3.4(a)(i) the words "that person was convicted
and replace with the words "the judgment was pronounced"
Delete from 3.4(a)(ii) the words "of his conviction or
sentence" and replace with the words "after the date of the
judgment"
Delete from 3.4(b) the words "conviction, together with
four copies of any written notice of appeal and the grounds
of appeal for the use of the court and the Director of Public
Prosecutions" and replace with the word "judgment".
Rule 3.4 should therefore read:
A person who wishes to appeal from a judgment of the
Resident Magistrate's Court does so by(a) (i) giving oral notice of appeal during the sitting
of the Court at which the judgment was
pronounced; or
(ii) tiling with the clerk within 14 days of the
date of the judgment written notice of his
intention to appeal; and
(b) filing with the clerk within 2 1 days of the date of
judgment written grounds of appeal."
Signature of notices
Delete rules 3.5(1) and (2)

Delete from 3.5(3) the number 3 in brackets and the word
"other". Replace the word "may" with "must".
Rule 3.5 will therefore read:
"Any notice required by these rules to be given must be s
the appellant or his or her attorney-at-law."
The record
Delete the words "paragraph (2)" and replace with the words
"the Judicature (Resident Magistrates) Act."
a ,
Sept. 10, 2015

Subject
2027
Amendment
Rule 3.7(4) will therefore read:
"Upon notice of appeal being given in accordance with rule
3.4, the clerk must send to the registrar the documents
referred to in the Judicature (Resident Magistrates) Act."
[see sections 299 and 300 of the Act]
The record
At the end of 3.7(6) insert the words "except for appeals

from the Resident Magistrate's Court in which event the
Judicature (Resident Magistrates) Act applies."
Rule 3.7(6) would therefore read:
"Either party may apply to the court or a single judge for a
direction that all the notes of evidence be supplied to the
court and to the Director of Public Prosecutions except
for appeals from the Resident Magistrate's Court in which
event the Judicature (Resident Magistrates) Act applies."
THE RULES COMMITTEE COURT OF APPEAL RULES 2002, APPROVED AMENDMENTS 20 15

Further Aniendrnents to Court ofAppeal Rules
1.11(1)
Subject
Amendment
--
How to appealhime for filing

and serving notice of appeal
Insert a footnote to read:

"Rule l.ll(l)(a) and (b) deals with the filing and serving of
notices of appeal in interlocutory appeals."
Procedural Appeals
Delete rule 2.4 and replace with the following:

"2.4 (1)
On a procedural appeal the appellant must file

and serve written submissions in support of the
appeal within 14 days of the filing of the notice
of appeal.
(2)
The respondent may within 14 days ofreceipt of

the notice ofappeal file and serve on the appellant
any written submissions in opposition to the
appeal or in support of any cross appeal.
(3)
The general rule is that a procedural appeal is to

be considered on paper by the court.
(4)
The general rule is that consideration of the

appeal by the court must take place within 56
days after filing of the notice of appeal.
(5)
The court may however invite the parties to make

oral submissions.
(6)
The general rule is that any oral hearing must

take place within 70 days of the filing of the
notice of appeal.
(7)
Four bundles must be filed by the appellant for

the use of the court containing copies of all
documents relevant to the appeal in keeping with
Practice Direction No. 1 of 2014 issued by the
President of the Court of Appeal on 27th May,
2014."
Insert a footnote at rule 2.4(1) to read as follows:

"Rule 1.1l(l)(a) and (b) deals with the filing and serving of
notices of appeal in interlocutory appeals."
Adjust the order of rules 3.1 1, 3.12 and 3.13 by inserting
rule 3.13 before rule 3.11.
2028
Sept. 10, 20 15

Subject
Amendment
--
Therefore rule 3.13 would become rule 3.1 1 and rule 3.1 1
would become rule 3.12 and rule 3.12 would become rule
3.13.
New rule
Issuing of notice of hearing
Insert as rule 3.12A the following:

"Upon receipt of the record of proceedings in appeals from
Resident Magistrates' Courts, or on the grant of leave to
appeal in matters from the Supreme Court, or on the filing
of form B6, the registrar shall issue a notice of hearing.
The general rule is that the notice ofhearing should be issued
8 weeks before the date of hearing."
Skeleton Arguments
What now appears as rule 3.12 should be renumbered rule

3.13 (see above) and paragraphs (I), (2) and (3) be amended
as follows:
"(1)
Skeleton arguments for the appellant or applicant

must be filed and served on the respondent within
2 1 days of receipt of the notice of hearing.
(2)
Skeleton arguments for the respondent must be

filed and served on the appellant or applicant
within 21 days of service of the appellant's or
applicant's skeleton arguments.
(3)
Skeleton arguments in reply may be filed by the

appellant or applicant within 14 days of service
of the respondent's skeleton arguments."
The rest of the rule on skeleton arguments would remain

unchanged.
ZAILAMCCALLA,OJ
Chief Justice
SEYMOUR
PANTON,O.J. C.D.
HILARY
PHILLIPS,
C.D.
Judge of Appeal
GLORIA
SMITH
Senior Puisne Judge
CAROLAINA
Attorney-at-Law
CARLENE LARMOND
Director of litigation
ALTHEAJARRETT
PRINTED BY JAMAICA PRINTING SERVICES (1992) LTD,
(GOVERNMENT PRINTERS), DUKE STREET, KINGSTON, JAMAICA

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THE

THURSDAY, SEPTEMBER 10,2015

Amend in terms of the attached

THE JAMAICA GAZETTE EXTRAORDINARY

education), the petition must be accompanied by an affidavit

To now be rule 76.8

To now be rule 76.9 and worded "Specified Method of

Create a new rule 76.9(4) and (5) to read: 76.9(4)

Insert as Rule 76.12(1) the following:

dispense with the hearing of the petition;

grant, defer or refuse the decree nisi;

determine that a hearing, whether of the petition

issue such directions for the future conduct of

Rule 76.12(4) (to be renumbered 76.12(6)) redraft to read:

Sept. 10, 2015

THE JAMAICA GAZETTE EXTRAORDINARY

Must, if satisfied, certify that having regard to

May make such order as to custody, care and

If not satisfied with the arrangements for the

Marginal notes to be inserted at paragraph (c) to read:

Similar amendment to be made as with r. 76.12(4).

May make such order as to custody, care and

If not satisfied with the arrangements for the

Amend in terms of the attached.

THE JAMAICA GAZETTE EXTRAORDINARY

Sept. 10, 2015

RULES COMMITTEE CIVIL PROCEDURE RULES 2002

lN THE SUPREME COURT OF JUDICATURE OF JAMAICA

9. The financial resources of the Petitioner are as follows:

Sept. 10, 2015

THE JAMAICA GAZETTE EXTRAORDINARY

[List any other orders being sought];

she may have such furthedother relief as may be just.

NOTICE TO THE RESPONDENT

THE JAMAICA GAZETTE EXTRAORDINARY

Sept. 10, 2015

HUSBAND'S PETITION FOR DISSOLUTION OF MARRIAGE

THE JAMAICA GAZETTE EXTRAORDINARY

THE RULES COMMITTEE COURT OF APPEAL RULES 2002, APPROVEDAMENDMENTS 201 5

The financial resources of the Petitioner are as follows:

1. the said marriage be dissolved;

[List any other orders being sought];

he may have such furtherlother relief as may be just.

THE JAMAICA GAZETTE EXTRAORDINARY

Sept. 10, 2015

NOTICE TO THE RESPONDENT

AFFIDAVIT ACCOMPANYING PETITION

Sept. 10, 2015

THE JAMAICA GAZETTE EXTRAORDINARY

(d) Financial Provision

JUSTICE OF THE PEACE FORTHE I

NOTICE OF APPLICATION TO DISPENSE WITH HEARING

[Rule 76.12 (2)]

1N THE SUPREME COURT OF JUDICATURE OF JAMAICA

The Petitioner [state the petitioner's name] seeks an Order that:

THE JAMAICA GAZETTE EXTRAORDlNARY

Sept. 10, 201 5

[Rule 76.12 (2)]