Circuit Court Rules

ORDER 41

APPEALS FROM THE DISTRICT COURT

1. When an appeal is taken from any decision of the District Court in accordance with the rules of that court, the clerk of such court shall transmit to the County Registrar —

(i) In civil cases —

(a) the original summons, civil Process or other document by which the proceedings have been instituted;

(b) the original notice of appeal;

(c) the original or statutory declaration of service of the notice of appeal;

(d) the recognisance (if any);

(ii) in criminal cases —

(a) a certified copy of the conviction or order;

(b) the original notice of appeal;

(c) the depositions (if any);

(d) the statement of the accused in writing (if any); and

(e) the recognisance (if any);

(f) the original summons or other document by which the proceedings have been instituted;

(g) the bond or other security given in the District Court (if any);

(iii) in licensing cases — a certified copy of the certificate or order of the Judge from which the appeal is taken, and the original document by which the proceedings have been instituted.

2. The hearing shall take place at the sitting which is held in the nearest town in the circuit to the courthouse at which the decision appealed from was given, unless the Judge shall otherwise order.

3. If so directed by the court, the original decree or dismiss or a certified copy thereof shall be produced on the hearing of the appeal by the appellant.

4. If an appeal is not prosecuted, the Judge may order the party appealing to pay to the party receiving notice of appeal such costs and expenses as to the Judge shall seem just.

5. Whenever an appeal in a criminal case from a justice of the District Court to a Judge of the Circuit Court shall not have been prosecuted, or the original order shall have been confirmed or varied on appeal, or either party shall upon appeal have been ordered to pay a specified sum for costs, the Judge may direct the issue by the County Registrar of all warrants necessary and proper for the execution of the original order or of such varied order and to enforce the payment of such costs.

6. Where the order of the Judge of the District Court, as confirmed or varied on appeal, directs the imprisonment of any person the Judge may, upon confirming or varying the said order, or at any time before the issue of a warrant by a Judge of the District Court, or by the County Registrar, for the execution of such order so varied or confirmed, direct that such person be taken into custody forthwith, or detained in custody, and imprisoned pending the issue of such warrant.

7. In cases in which jurisdiction has been conferred upon the District Court by section 77A of the Courts of Justice Act, 1924 the court may issue the instrument necessary to enforce its decision, or may allow the same to be issued by the District Court in accordance with section 23 of the Courts of Justice (District Court)Act, 1946.

8. The County Registrar shall certify to the Clerk of the District Court from which the appeal was taken the purport of every order made by the court on appeal, and shall return to the said Clerk the original summons, civil summons or other documents by which the proceedings have been instituted.

9. The court may, upon such terms (if any) as it may think reasonable extend the time for all appeals to be taken pursuant to the provisions of the Rules of this Order.

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