In these Rules-
"ADR procedures" mean any procedures for alternative dispute resolution including, in particular, mediation;
"application" and "applicant" have the meanings given by rule 11.2;
"body corporate" includes a company or other body corporate wherever or however incorporated other than a corporation sole and includes a limited company unless a rule otherwise provides;
"certificate of value" has the meaning given by rule 8.7;
"Chief Justice" includes, in relation to any period in which the office of Chief Justice is vacant, the person for the time being performing the functions of the Chief Justice;
"claim" is to be construed in accordance with Part 8;
"claim for personal injuries" means proceedings in which there is a claim for damages in respect of personal injuries to the claimant or any other person or in respect of a person's death and "personal injuries" includes any disease and any impairment of a person's physical or mental condition;
"claimant" means a person who makes a claim; and, in relation to any proceedings commenced before these Rules came into force, includes a plaintiff in an action of the petitioner or applicant in any proceedings commenced by petition, originating summons or motion;
"claim for a specified sum of money" means-
----(a) a claim for a sum of money recoverable under a contract which is ascertained or capable of being ascertained as a matter of arithmetic; and
----(b) for the purposes of Parts 12 (default judgment) and 14 (admissions), a claim for-
--------(i) the cost of repairs executed to a vehicle or any property in, on or abutting a road; or
--------(ii) any other actual financial loss, claimed as a result of damage which it is alleged to have been caused in an accident as a result of the defendant's negligence,
----provided that the amount of each item in the claim is specified, and copies of receipted bills for the amounts claimed are attached to the claim form or statement of case;
"the Constitution" means the Constitution of Trinidad and Tobago;
"court" means the High Court and where the context admits, and in Part 64, the Court of Appeal;
"court office" indicates-
----(a) the place where documents are to be filed, etc., and includes a registry or sub-registry; and
----(b) where work of a formal or administrative nature under rule 2.5(1) is to be dealt with by members of the court staff;
"defendant" means a person against whom a claim is made and, in relation to proceedings commenced before these Rules came into force includes a respondent to any originating summons or motion;
"electronically verified copy" means a court document which has been authenticated and verified using the Judiciary's E-vrfy System and is effective as an office copy,as may be required;
"E-vrfy" is the Judiciary's Document Authentication and Verification system;
"external company" means any incorporated body of persons that is formed under the laws of a country other than Trinidad and Tobago;
"filing", in relation to a document, means delivering, sending it by facsimile transmission, by any other electronic means or posting it to the appropriate court office and is not complete until the document is received at that office;
"fixed date claim" is a claim form in Form 2 upon which there has been stated a date, time and place for a first hearing of the claim;
"limited company or company" means a body corporate that is incorporated or continued under the Companies Act (Chap. 81:01);
"master", subject to any direction under rule 2.4(2), includes assistant master;
"minor" means a person under 18 years;
"next friend" has the meaning given by Part 23;
"office copy" shall be construed as a reference to an electronically verified copy of a court document;
"order" includes a judgment, decree, rule, direction, award or declaration;
"party" includes both the party to the claim and any attorney-at-law on record for that party unless any rule specifies or it is clear from the context that it relates to the lay client or to the attorney-at-law;
"patient" means a person who by reason of mental disorder within the meaning of the Mental Health Act (Chap. 28:02) is incapable of managing his own affairs;
"period for filing a defence" has the meaning given by rule 10.3;
"proper officer" means the Registrar of the Supreme Court or any other person who from time to time may be designated as having, subject to the Chief Justice, managerial control of the Supreme Court and has custody of the seal of the Supreme Court and responsibility for funds in court;
"registrar" means the Registrar of the Supreme Court, the deputy registrar and assistant registrars;
"statement of case" includes a claim, defence, counterclaim, ancillary claim form, defence to counterclaim and a reply to a defence;
"statutory rate of interest" means the rate of interest on judgments prescribed for the time under section 13 of the Remedies of Creditors Act, (Chap. 8:09);
"summary judgment" is to be construed in accordance with Part 15.
Notes
Amended by Legal Notice 11 of 2022.
Amended by Legal Notice 67 of 2020.
Amended by Legal Notice 233 of 2005.
Amended by Legal Notice 140 of 2000.
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