The CPR 1998 are made under sections 77 and 78 of the Supreme Court of Judicature Act, Chap. 4:01 of the Revised Laws of the Republic of Trinidad and Tobago.
The CPR 1998 were laid in Parliament subject to negative resolution in accordance with section 78(4) of the Supreme Court of Judicature Act, Chap. 4:01. They became law in 1998 but they were only published in the Trinidad and Tobago Gazette Vol. 44 No. 166 dated September 15th 2005. The CPR 1998 came into effect on September 16th 2005 pursuant to Legal Notice 200 of 2005. They replaced the former Rules of the Supreme Court 1975.
The CPR 1998 are comprised of a foreword, the rules arranged into parts and four appendices- forms prescribed by rule 3.1, practice directions issued by the Chief Justice pursuant to rule 4.2 and in accordance with rule 4.3, an index and practice guides issued by the Chief Justice pursuant to rule 4.6.
Amendment History
Prior to the publication of the CPR 1998 on September 15th 2005, they were amended by Legal Notices No. 29 of 1999, No. 31 of 1999, No. 105 of 2000, No. 112 of 2000, No. 140 of 2000, No. 200 of 2005, No. 233 of 2005, No. 234 of 2005, No. 241 of 2005, No. 261 of 2005, No. 274 of 2005 and No. 109 of 2006. These amendments were consolidated and the CPR 1998 revised up to May 22nd 2006 in the compendium published by the Supreme Court of Judicature, commonly called "the Red Book".
The CPR 1998 have since been amended by the following Legal Notices:
--Legal Notice No. 126 of 2011 published in the Trinidad and Tobago Gazette Vol. 50 No. 85. A motion was made by Senator Faris Al-Rawi to negative this amendment (see Order Paper) but the said motion was withdrawn.
--Legal Notice No. 301 of 2012 published in the Trinidad and Tobago Gazette Vol. 51 No. 127.
Notes
Legal Notice 241 of 2005 is difficult to source but its contents are collated in a black, bound volume which may be purchased from the High Court of Justice.
The amendments made through Legal Notice 233 of 2005 were originally proposed in Legal Notice 201 of 2005, but that Legal Notice was not laid before both Houses of Parliament as required by the section 78 of the Supreme Court of Judicature Act, Chap. 4:01.
The amendments made through Legal Notice 234 of 2005 were originally proposed in Legal Notice 202 of 2005, but that Legal Notice was not laid before both Houses of Parliament as required by the section 78 of the Supreme Court of Judicature Act, Chap. 4:01.
The amendments made through Legal Notice 261 of 2005 were originally proposed in Legal Notice 255 of 2005, but that Legal Notice was not laid before both Houses of Parliament as required by the section 78 of the Supreme Court of Judicature Act, Chap. 4:01.
The amendments made through Legal Notice 274 of 2005 were originally proposed in Legal Notice 273 of 2005, but that Legal Notice was not laid before both Houses of Parliament as required by the section 78 of the Supreme Court of Judicature Act, Chap. 4:01.
The amendments made through Legal Notice 109 of 2006 were originally proposed in Legal Notice 103 of 2006, but that Legal Notice was not laid before both Houses of Parliament as required by the section 78 of the Supreme Court of Judicature Act, Chap. 4:01.