LEGAL SUPPLEMENT
to the Government Gazette of Mauritius No. 27 of 28 March 2009
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The Supreme Court (Preparation of briefs) Rules 2009
GN No. 36 of 2009
THE COURTS ACT
Rules made by the Chief Justice under section 198 of the Courts Act.
1.
These rules may be cited as The Supreme Court (Preparation of briefs) Rules 2009.
2.
In any action entered before the Supreme Court or before any of its divisions, the attorney
of the party initiating the action shall be responsible for providing to the Court and to the
attorney of any other party to the action and, in the case of any other party not legally
represented, to the party himself, a duly indexed copy of all documents and records of
proceedings contained in the Court file.
3.
The copy mentioned in paragraph 2 shall be duly indexed and paginated, and shall be
referred to as "BRIEF" with the word printed on the cover.
4.
Where a case is going to be heard before more than one judge, a brief shall be provided
for each judge.
5.
When a case has started and is to continue on another date, all further documents
contained in the Court file, including the record of the proceedings of the Court, shall be
added to the initial brief ("BRIEF") by way of an additional brief. Each additional brief shall
also be duly indexed and paginated and shall have, printed on its cover, the title
"ADDITIONAL BRIEF NO. 1", "ADDITIONAL BRIEF NO. 2" and so on.
6.
An appropriate method of binding shall be resorted to, having regard to the thickness of
each brief, in order to ensure that the contents of all briefs (including additional briefs) are
well held together.
7.
The pagination of all briefs shall be effected at the top of the pages of the brief and each
page shall bear the appropriate page number. The page numbers shall be printed or
written in bold characters.
8.
Photocopies contained in the briefs shall be legible. Should the original itself be illegible or
not fully legible, a handwritten note to that effect duly signed by the attorney responsible
for the preparation of the brief, shall be inserted at the top of each photocopy not fully
legible.
9.
A photocopy of each handwritten document shall be accompanied by a typed version of
that document with a note at the head thereof in the following terms: "THE FOLLOWING
IS A TYPED VERSION OF .............................. (DOCUMENT TO BE DULY DESCRIBED)
ACCORDING TO MY READING OF THAT DOCUMENT." The signature of the attorney
responsible for the preparation of the brief shall then follow.
10.
Tendered documents shall not form part of the brief and additional briefs but shall be
included in a special bundle with a cover of a different colour from that of the covers of the
initial and additional briefs. The words "DOCUMENT(S) INTENDED TO BE PRODUCED"
shall be inserted in bold characters on the cover of that special bundle which shall be duty
indexed and paginated.
11.
(a)
Briefs for cases to be heard in Court shall, except where otherwise authorised by
the Chief Justice, the Master and Registrar, or the Court, be
(i)
deposited in the Registry of the Supreme Court
(ii)
delivered to the attorneys of all other parties to the case not later than the end
of the last week of the term preceding that during which the case has been
scheduled to be heard.
(b)
Briefs for cases to be heard in Chambers shall, except where otherwise authorised
by the Judge about to hear the case, be deposited with the Judge's secretary not
later than one week prior to the hearing of the case.
12.
(a)
All briefs shall be of size A4 with margins of at least 1 inch at top and bottom and
1.25 inch on each side.
(b)
As far as font is concerned, printed characters on the pages of the brief shall be in
Arial 11 or 12 except where circumstances otherwise require.
13.
Identical briefs shall be supplied to the Court and to the attorneys of other parties to the
case, and a soft copy of the brief shall be provided to the Registry of the Supreme Court.
14.
Where there are connected appeal cases lodged by different parties against the same
judgment, the attorneys in charge of each connected appeal shall arrange for the supply
of one common brief to each judge.
15.
Where the hearing of a case has to be postponed because of the unsatisfactory state of
any brief, the Court may make any order as to costs as it deems fit.
Made by the Chief Justice on 20 March 2009.