Definitions

1. In the construction of these rules, and of the forms and table of fees annexed thereto, the following terms shall (if not inconsistent with the context or subject matter) have the respective meanings hereinafter assigned to them; that is to say:-

“Possession” shall mean any colony, settlement, island, or territory, being a part of Her Majesty’s dominions, but not being within the limits of the United Kingdom of Great Britain and Ireland;

“Court” shall mean the Supreme Court of Cyprus exercising Admiralty jurisdiction;

“Judge” shall mean any Judge of the Court, or any person lawfully authorized to act as Judge thereof;

“Registrar” shall mean the Registrar of the Court, or any deputy or assistant registrar thereof;

“Marshal” shall mean the Marshal of the Court, or any deputy or assistant marshal thereof;

“Ship” shall include every description of vessel used in navigation not propelled by oars only;

“Month” shall mean calendar month;

“Office copy” shall mean a copy of any part of the file of proceedings or of any judgment or order issued out of the office of the Registrar and certified under his hand and the seal of the Court to be a true copy.

Form and Commencement of Proceedings

2. All proceedings to be taken in the Court shall be instituted by a proceeding to be called an action.

3. Actions shall be of two kinds, actions in rem and actions in personam.

4. Actions for condemnation of any ship, boat, cargo, proceeds, slaves or effects, or for recovery of any pecuniary forfeiture or penalty, shall be instituted on behalf of the Crown in the name of the Queen’s Advocate.

Writ of Summons

5. Every action shall be commenced by writ of summons calling upon the defendant to appear before the Court at a time to be named therein.

6. Writs of summons shall be marked with the date of the year in which they are issued and numbered (consecutively according to the order in which they are issued).

7. Every writ of summons shall set forth at the head thereof the name of the Court and the name of every Plaintiff and Defendant where the action is in personam, and in the case of an action in rem the name of the ship or the nature of the property sought to be affected by the action.

Where the Plaintiff sues or any Defendant is sued in a representative capacity such capacity shall be stated.

8. In the body of the writ there shall be set forth the name, place of residence and occupation of every Plaintiff and Defendant (so far as the same can be ascertained) and a concise statement of the claim made or the relief or remedy sought.

9. Every writ of summons shall be prepared by or on behalf of the Plaintiff so as to set forth all the particulars required by the last preceding rule and when so prepared shall be presented to the Registrar, who shall inscribe on the writ the date of the year and the number of the writ and insert in the writ a statement of the day and hour when the Defendant is required to appear before the Court, and the date of the day on which the writ is issued.

The Registrar shall then seal the writ with the seal of the Court and the writ shall thereupon be deemed to be issued.

10. Every writ of summons when issued shall be filed by the Registrar.

11. The time to be named in the writ for the appearance of the parties before the Court shall in the case of an action in rem be not less than 25 days and in the case of an action in personam not less than 15 days from the date of the issuing of the writ.

12. The Plaintiff or his advocate on presenting a writ of summons to the Registrar for sealing shall also present to him one copy of such writ for every person to be served therewith.

Every such copy shall be sealed with the seal of the Court and certified by the Registrar to be a true copy before it can be served.

13. The Court or Judge may allow the writ of summons to be amended at any time in such manner and on such terms as to the Court or Judge shall seem fit.

14. Writs of summons in rem and in personam may be in the forms A and B respectively in Schedule I hereto.

Service of Writ of Summons

15. In an action in rem the writ of summons shall be served at least 20 days and in an action in personam at least 10 days prior to the day named in the writ of summons for the appearance of the parties before the Court.

16. In an action in rem, the writ of summons shall be served-

(a) Upon ship, or upon cargo, freight, or other property, if the cargo or other property is on board a ship, by attaching an office copy of the writ to a mast, or to some other conspicuous part of the ship;

(b) Upon cargo, freight, or other property, if the cargo or other property is not on board a ship, by attaching an office copy of the writ to some portion of such cargo or property;

(c) Upon freight in the hands of any person, by leaving with him an office copy of the writ;

(d) Upon proceeds in Court, by leaving an office copy of the writ with the Registrar of the Court.

17. If access cannot be obtained to the property on which it is to be served, the writ may be served by leaving an office copy of it with any person appearing to be in charge of such property.

18. In an action in personam, the writ of summons shall be served by leaving with the Defendant an office copy of the writ.

19. A writ of summons against a firm may be served by leaving with any member of the firm, or any person appearing at the time of service to have the management of the business of the firm, an office copy of the writ.

20. A writ of summons against a corporation or a public company may be served in the mode, if any, provided by law for service of any other writ or legal process upon such corporation or company.

21. Where no such provision exists, a writ of summons against a corporation may be served by leaving an office copy of the writ with the President or other head officer, or the clerk, treasurer, or secretary of the corporation, and a writ of summons against a public company may be served by leaving with the secretary, manager or other person authorized to transact the business of the company in Cyprus an office copy of the writ or by leaving the same at the office of the company.

22. Where the person to be served is in Cyprus but is under disability, or where for any cause personal service cannot, or cannot promptly, be effected, or where in any action, whether in rem or in personam, there is any doubt or difficulty as to the person to be served, or as to the mode of service, the Court or Judge may order upon whom, or in what manner service is to be made, or may order notice to be given in lieu of service.

23. Where the person to be served is out of Cyprus application shall be made to the Court or Judge for an order for leave to serve the writ of summons or notice of the writ.

24. The Court or Judge before giving leave to serve such writ or notice of the writ shall require evidence that the Plaintiff has a good cause of action, that the action is a proper one to be tried in Cyprus, and evidence of the place or country where the Defendant is or may probably be found and of his nationality.

25. The order of the Court or Judge giving leave to effect service of the writ or notice of the writ shall limit the time within which the Defendant is to appear.

26. If the Defendant is not a British or Ottoman subject notice of the writ and not the writ itself is to be served upon him.

27. Service of a writ of summons or notice thereof out of Cyprus may be proved by the affidavit of the person by whom service was effected, or by the certificate of any British Consul or of any foreign consul or of any officer of any foreign Government by or through whom the writ or notice has been served, that the writ or notice has been served on the person named therein.

Such affidavit or certificate shall be taken to be good evidence of what is therein stated until the contrary be proved and shall be filed.

28. Service of a writ of summons in Cyprus may be proved by the oral evidence or affidavit of the person by whom service was effected.

Parties

29. Any number of persons having interests of the same nature arising out of the same matter may be joined in the same action whether s Plaintiffs or as Defendants,

30. The Court or Judge may at any stage of the proceedings and either with or without an application for that purpose, being made by any party or person and upon such terms as shall seem just, order that the name or names of any party or parties be struck out or that the names of any person or persons who are interested in the action or who ought to have been joined either as Plaintiffs or Defendants or whose presence before the Court is necessary in order to enable the Court effectually and completely to adjudicate upon and settle all questions involved in the action be added.

31. For the purposes of the last preceding rule an underwriter or insurer shall be deemed to be a person interested in the action.

32. The Court or Judge may order upon what terms any person shall be joined as a party, and what notices and documents, if any, shall be given to and served, upon him, and may give such further directions in the matter as shall seem fit.

33. Where numerous persons having the same interest are parties to the same action, one or more of such persons may be authorized by the Court or a Judge to prosecute or defend such action on behalf of or for the benefit of all persons so interested.

34. Where by reason of death or bankruptcy or any change occurring during the continuance of an action the ‘interest or liability of any party to the action shall have devolved, upon any person or persons the Court or Judge may by order direct that the action be continued by or against the person or persons upon whom such interest or liability shall have, devolved.

Any such order if made by a Judge shall be final.

Appearance

35. The parties named in the writ of summons and every person interested in the property sought to be affected by the action who desires to dispute the Plaintiff’s claim shall appear before the Court or Judge either personally or by advocate at the time named in that behalf in the writ of summons.

36. Any party appearing before the Court or Judge at the’ time named in the writ of summons shall be required to name an. address to be called an address for service, which shall be some proper. place within the municipal limits of the town within which the court-house is situate, at which it shall be sufficient to leave all writs, notices, summonses, orders or other documents required to be served upon him during the course of the action.

37. If any party shall neglect or refuse to name an address for service he shall be informed by the Court or Judge that service of all writs, notices, summonses, orders or other documents required to be served upon him will be effected by posting the same at the court-house; and such service shall be deemed to be good service.

38. When the parties shall have appeared before the Court or Judge, the Plaintiff shall be required to state all facts on which he shall rely in support of his claim and the Defendant to state all facts on which he intends to rely in his defence.

39. If it appear to the Court or Judge after hearing the parties that there are any facts in dispute between them, a statement of the facts in dispute shall be drawn up by the Court or Judge and read over to the parties.

Any party shall be entitled on application to the Registrar to inspect the statement so drawn up and to make a copy thereof.

40. If it appear to the Court or Judge after hearing the parties that there are no facts in dispute between them, judgment may be forthwith given upon the admitted facts or the further hearing of the action may be adjourned either generally or to any day fixed by the Court or Judge.

41. If at the time fixed by the writ of summons for the appearance of the parties the Plaintiff appears but the Defendant does not appear, then, upon proof of the due service of the writ of summons, the Plaintiff may proceed to prove his claim and the Court or Judge may either give judgment for any remedy or relief which the Plaintiff may appear to be entitled to or the further hearing of the action may be adjourned.

42. If the further hearing of the action be adjourned, the Court or Judge may, if it shall seem fit, direct the Plaintiff to give notice to the Defendant of any day fixed for the further hearing of the action.

43. If at the time fixed by the writ of summons for the appearance of the parties the Plaintiff shall fail to appear the Defendant may apply to have the action dismissed and the Court or Judge shall so direct accordingly.

44. Where any judgment has been given in the absence of either of the parties in accordance with the provisions of Rules 41 and 43 hereof, any party affected by such judgment may apply to the Court or Judge to set aside the judgment and the Court or Judge may set aside the judgment on such terms as to the payment of costs or otherwise as shall appear to be just.

45. If at the time fixed by the writ of summons neither party shall appear no further proceedings shall be had or taken under the writ except, on application by the Plaintiff, the Court or Judge shall otherwise order, and the Court or Judge may by the order limit a time for the appearance of the parties before the Court.

The application of the Plaintiff may be made without notice to the Defendant..

46. A party not appearing within the time fixed for that purpose by the writ of summons may, by consent of the other parties or by permission of the Court or Judge, appear at any time on such terms as the Court or Judge shall order.

47. If any Defendant has a set-off or counterclaim against the Plaintiff, lie shall state the same to the Court or Judge at the time of his appearance, and if it shall appear to the Court or Judge that the set-off or counterclaim can be conveniently disposed of in the action, the same proceedings shall be had and taken as are provided in Rule 39 for ascertaining what are the facts in dispute, and such set-off or counter-claim shall be disposed of by the judgment in the action. But if in the opinion of the Court or Judge such set-off or counterclaim cannot be conveniently disposed of in the action, the Court or Judge may decline so to dispose of it.

Preliminary Acts

48. In an action for damage by collision, the Plaintiff shall, within one week from the issue of the writ, and the Defendant shall, at any time before the time fixed by the writ of summons for the appearance of the parties before the Court, file in the Court a Preliminary Act, sealed up, signed by the party, and containing a statement of the following particulars:-

(1) The names of the ships which came into collision, and the names of their masters;

(2) The time of the collision;

(3) The place of the collision;

(4) The direction and force of the wind;

(5) The state of the weather;

(6) The state and force of the tide;

(7) The course and speed of the ship when the other was first seen;

(8) The lights, if any, carried by her;

(9) The distance and bearing of the other ship when first seen;

(10) The lights, if any, of the other ship which were first seen;

(11) The lights, if any, of the other ship, other than those first seen, which came into view before the collision;

(12) The measures which were taken, and when, to avoid the collision.

(13) The parts of each ship which first came into collision;

(14) What fault or default, if any, is attributed to the other ship.

49. The Preliminary Act may be opened at any time after the parties have stated to the Court or Judge all the facts on which they rely in support of their claim and defence respectively.

Any party shall be entitled to inspect and take a copy of the Preliminary Act filed by the adverse party.

Arrest of Property

50. In an action in rem any party may at the time of, or at any time after the issue of the writ of summons, apply to the Court or a Judge for the issue of a warrant for the arrest of property.

The party so applying shall before making his application file in the Court an affidavit containing the particulars prescribed by the following rules.

Such application shall be in writing signed by the person making the application or his advocate and shall be filed by the Registrar.

The affidavit may be in the Form C in Schedule I hereto.

51. The affidavit shall state the nature of the claim, and that the aid of the Court is required.

52. The affidavit shall also state-

(a) In an action for wages, the national character of the ship, and if the ship is neither a British nor an Ottoman ship, that notice of the action has been served upon a consular officer of the State to which the ship belongs, if there is one resident in Cyprus;

(b) In an action for necessaries, or for building, equipping, or repairing any ship, the national character of the ship, and that, to the best of the deponent’s belief, no owner or part owner of the ship was domiciled in Cyprus at the time when the necessaries were supplied or the work was done.

53. In an action for bottomry, the bottomry bond in original shall be produced for the inspection and perusal of the Court or Judge, and a copy of the bond, or. of a translation thereof, certified by the Registrar to be correct, shall be annexed to the affidavit and filed therewith.

54. The Court or Judge may direct the issue of a warrant although the affidavit does not contain all the prescribed particulars, and, in an action for bottomry, although the bond has not been produced.

55. The warrant shall be served by the marshal, or his officer in the manner prescribed by these Rules for the service of a writ of summons in an action in rem, and thereupon the property shall be deemed to be arrested.

56. The warrant may be served on any day whatever.

57. The warrant shall be prepared by the Registrar and when so prepared shall be signed by a Judge of the Court.

A warrant of arrest may be in the Form D in the Schedule I hereto.

58. The marshal shall immediately after service of the warrant has been effected forward to the Registrar of the Court a certificate of service.

The Registrar shall file the certificate on receipt thereof.

59. The certificate shall state by whom the warrant of arrest has been served, and the date and mode of service, and shall be signed by the marshal.

The certificate of service may be in the Form E in Schedule I hereto,

Releases

60. Any party may apply to the Court for the release of any property arrested and the Court or Judge may, by order, direct the release of such property upon such terms as to security or as to payment of any costs of appraisement or removal or inspection or otherwise as to the Court or Judge shall seem fit.

61. An order of release may be issued on the application of any party without notice to any other party if there is no caveat entered against the release of the property-and

(a) Upon proof of payment into Court of the amount claimed, or of the appraised value of the property arrested, or, where cargo is arrested for freight only, of the amount of the freight verified by affidavit;

(b) On the application of the party at whose instance the property has been arrested;

(c) On a consent in writing being filed signed by the party at whose instance the property has been arrested;

(d) On discontinuance or dismissal of the action in which the property has been arrested.

62. Where property has been arrested for salvage, the release shall not be issued under the foregoing Rule, except on discontinuance or dismissal of the action, until the value of the property arrested has been agreed upon between the parties or determined by the Court or Judge.

63. The order of release shall be served on the marshal, either personally, or by leaving it at his office, by the party at whose instance it has been obtained.

64. On service of the order of release and on payment to the marshal of all fees due to and charges incurred by him in respect of the arrest and custody of the property, the property shall be at once released from arrest.

Caveats

65. Any person desiring to prevent the arrest of any property or the release of any property under arrest or the payment of any moneys out of Court may cause a caveat against the issue of any warrant of arrest or of any order of release or for the payment. of moneys out of Court to be entered by the Registrar in a book to be kept by him for that purpose and hereinafter called the Caveat Book.

66. The person desiring to enter a caveat shall make a written application for the entry thereof to the Registrar.

67. Every such application, signed by the person making the same, or his advocate, shall be entitled in the action, and, in the case of a caveat against the arrest of property, if there be no action, then with the description of the property against the arrest of which the caveat is entered.

68. Every application for the entry of a caveat shall be filed; and may be in the Form F in Schedule I hereto.

69. If the person applying for a caveat to be entered is not a party to the action, the application shall contain a statement of his name and place of residence, and an address within the municipal limits of the town within which the Court-house is situate, at which it shall be sufficient to leave all documents required to be served upon him.

70. No order of the Court or Judge affecting the property or moneys referred to or specified in any caveat, duly entered in accordance with these Rules, shall ordinarily be made on the application of any party or person, except notice of such application shall have been given to the party or person at whose instance the caveat has been entered, but the Court or Judge may, upon proof or any special circumstances, which render it desirable or necessary, and upon such terms as may seem fit, make any such order without notice to the person by whom the caveat has been entered.

71. Where any order of arrest, or release of property, or for the payment of money out of Court, has been made without notice to the party by whom a caveat, affecting such property, shall have been entered, the party, on whose application such order has been made, shall be liable for all costs and damages occasioned thereby, unless he shall show to the satisfaction of the Judge good and sufficient reason to the contrary.

72. A caveat shall not remain in force for more than three months from the date of entering the same.

73. A caveat may at any time be withdrawn by the person at whose instance it has been entered giving notice of withdrawal in writing to the Registrar.

The Registrar shall, upon receipt of such notice, file the same and make a note against the caveat that the same has been withdrawn, and the date of such withdrawal.

Appraisement, etc., of Property under the Arrest of the Court.

Appraisement, etc., of Property under the Arrest of the Court

74. It shall be lawful for the Court or Judge, either before or after final judgment, on the application of any party and either with or without notice to any other party, by its order to appoint the marshal of the Court or any other person or persons to appraise any property under the arrest of the Court, or to sell any such property either with or without appraisement, or to remove or inspect and report on any such property or to discharge any cargo under arrest on board ship.

75. Every order appointing any person to appraise or to remove or to discharge any such property, shall direct the person or persons appointed immediately after the carrying out of the said order forthwith to furnish to the Registrar a statement in writing, signed by such person or persons, showing the value of the property appraised or what has been done under such order, and, in the case of any order to inspect and report, the condition of the property inspected, and showing also the amount of the fees, costs, charges, and expenses payable to or incurred by such person or persons in carrying out the order of the Court.

Every such statement so furnished shall be filed.

76. Every order appointing any person or persons to sell any such property, either with or without appraisement, shall direct the person or persons so appointed immediately upon the completion of the sale to pay into Court the gross proceeds of the sale and to furnish to the Registrar a statement signed by such person or persons showing the amount of the moneys so paid into Court and the amount of the fees, costs, charges, or expenses payable to or incurred by such person or persons in carrying out the order of the Court; and such statement shall be accompanied by any vouchers necessary to show the amount of the moneys expended by such person or persons.

77. Where the sale of any property under the arrest of the Court is directed to be carried out by the marshal, the Court may, if it thinks fit, direct that the marshal be at liberty, before paying the moneys realized by the sale into Court, to deduct therefrom and retain the amount of all fees, costs, charges, and expenses payable or incurred in and about the carrying out of such sale.

Consolidation of Actions

78. Two or more actions in which the questions at issue are substantially the same, or for matters which might properly be combined in one action, may, on the application of any party, be consolidated by order of the Court or Judge upon such terms as shall seem fit.

Any such order, if made by a Judge, shall be final.

79. The Court or Judge may order several actions to be tried at the same time, and on the same evidence, or the evidence in one action to be used as evidence in another, or may order one of several actions to be tried as a test action, and the other actions to be stayed to abide the result.

Any such order, if made by a Judge, shall be final.

Discontinuance

80. The Plaintiff may, at any time, discontinue his action by giving notice in writing to that effect, signed by himself or his advocate, to the Defendant and the Registrar of the Court.

81. The Registrar, on receipt of every such notice, shall file the same, and the Defendant shall, at any time thereafter, without notice to the Plaintiff, be entitled to apply to the Court or Judge to have judgment entered for him for his costs. The discontinuance of an action by the Plaintiff shall not prejudice any action consolidated therewith or any counterclaim previously set up by the Defendant; and the Court or Judge shall be at liberty to refuse to enter judgment until any such consolidated action or counterclaim has been disposed of.

Pleadings

82. In lieu of the proceedings directed to be had and taken by Rules 38 and 39 hereof, the Court or Judge may, if it shall seem fit, require the parties to furnish written pleadings and shall so inform the parties at the time fixed by the writ of summons for their appearance; and may direct that all proceedings in the action be stayed until the Plaintiff shall have filed the petition hereinafter mentioned.

83. If the Court or Judge require written pleadings to be furnished, the Plaintiff shall, within one week from the date of the appearance of the parties before the Court, file a petition, and serve a copy thereof on the Defendant, who shall, within ten days of service upon him of the petition, file his answer and serve a copy thereof upon the Plaintiff.

The Plaintiff shall within one week of the filing of the answer file his reply, if any, and serve a copy thereof on the Defendant; and there shall be no pleading beyond the reply, except by permission of the Court or Judge.

84. If the Defendant shall make default in filing his answer within the time limited by the last preceding rule he shall not be at liberty, except by leave of the Court or Judge, to dispute any of the facts alleged in the Plaintiff’s petition, and the Plaintiff may, at any time after the Defendant has so made default, apply to have the action set down for hearing, and the Court or Judge may give such judgment as the Plaintiff may appear to be entitled to upon the facts alleged in his petition.

85. If the Plaintiff shall make default in filing a reply to the Defendant’s answer within the time limited by Rule 83 he shall not be at liberty except by leave of the Court or a Judge to dispute any of the facts therein alleged by the Defendant and the pleadings shall be deemed to be closed.

86. The Defendant may, in his answer plead any set-off or counterclaim. But if, in the opinion of the Court or Judge, such set-off or counterclaim cannot be conveniently disposed of in the action, the Court or Judge may order it to be struck out.

Any such order, if made by a Judge, shall be final.

87. Every pleading shall be divided into short paragraphs numbered consecutively, and shall state concisely the facts on which the party relies; and shall be signed by the party filing it or his advocate.

88. It shall not be necessary to set out in any pleading the words of any document referred to therein, except so far as the precise words of the document are material.

89. Either party may apply to the Court or Judge to decide forthwith any question of fact or of law raised by any pleading, and the Court or Judge shall thereupon make such order as to him shall seem fit.

90. Any pleading may at any time be amended, either by consent of the parties, or by order of the Court or Judge.

90Α (1) Ο Πρωτοκολλητής δέον όπως άπαξ του μηνός ή εις τοιαύτα χρονικά διαστήματα ως ήθελεν κρίνει αναγκαίον το Δικαστήριον ή Δικαστής αυτού, παρουσιάζη εις το Δικαστήριον ή τον Δικαστήν κατάλογον των αγωγών εις τας οποίας οιοσδήποτε διάδικος παρέλειψε να συμμορφωθή προς Διάταγμα του Δικαστηρίου ή Δικαστού περί καταχωρίσεως και παραδόσεως προτάσεων, το δε Δικαστήριον ή ο Δικαστής δύναται επί τούτω να διατάξη τον Πρωτοκολλητήν να ειδοποιήση τον τοιούτον διάδικον όπως εντός δεκατεσσάρων ημερών από της ειδοποιήσεως καταχωρίση και παραδώση τας προτάσεις του και ότι εν περιπτώσει παραλέιψεώς του όπως πράξη ούτω εντός της τοιαύτης προθεσμίας η αγωγή θα θεωρήται ως απορριφθείσα λόγω εγκαταλείψεως αυτής, ή θα εκδοθή απόφασις προς όφελος ωρισμένου διαδίκου, ως ήθελεν καθορισθή εν τη ειδοποιήσει.

(2) Επί παραλείψει καταχωρίσεως και παραδόσεως των προτάσεων εντός της ρηθείσης προθεσμίας των δεκατεσσάρων ημερών ή οιασδήποτε περαιτέρω προθεσμίας ήτις ήθελε τυχόν χορηγηθή, ο Πρωτοκολλητής θα παρουσιάζη πάραυτα την δικογραφίαν ενώπιον του Δικαστηρίου ή Δικαστού, και το Δικαστήριον ή ο Δικαστής δύναται, εάν ήθελε θεωρήσει πρέπον υπό τας περιστάσεις, να απορρίψη την αγωγήν λόγω εγκαταλείψεως αυτής ή να εκδώση απόφασιν συμφώνως προς την ειδοποίησιν ή υπό όρους ουχί πλέον επαχθείς των εν αυτή καθοριζομένων διά τον επηρεαζόμενον διάδικον.

(3) Η απόρριψις αγωγής δυνάμει του παρόντος κανονισμού δεν θα κωλύη την έγερσιν νέας αγωγής.

(4) Η υπό του Πρωτοκολλητού ειδοποίησις η αναφερόμενη εις παράγραφον (1) του παρόντος κανονισμού θα επιδίδεται εις την διεύθυνσιν επιδόσεως εκατέρου των διαδίκων· η δε προθεσμία των δεκατεσσάρων ημερών η αναφερόμενη εν τη ειδοποιήσει θα λόγίζεται από της ημερομηνίας της επιδόσεως. Ένορκος ομολογία επιδόσεως δέον να καταχωρίζεται εις την δικογραφίαν.

 

Interrogatories

91. At any time after the appearance of the parties before the Court in obedience to the writ of summons and before the action is set down for hearing any party desirous of obtaining the answers of the adverse party on any matters material to the issue, may apply to the Court or Judge for leave to administer interrogatories to the adverse party to be answered on oath, and the Court or Judge may direct within what time and in what way they shall be answered.

92. The Court or Judge may, on the application of the party interrogated, order any interrogatory that appears to be objectionable to be amended or struck out; and, if the party interrogated omits to answer or answers insufficiently, the Court or Judge may order him to answer, or to answer further, and either by affidavit or by oral examination.

93. The Court or Judge may, on the application of any party to an action and without notice to any other party, order that any other party shall make discovery, by affidavit, of all documents which are in his possession or power relating to any matter in question therein.

94. The party required to make discovery shall in his affidavit of discovery specify which, if any, of the documents, therein mentioned he objects to produce.

95. Where any party to an action shall have made discovery of documents, he shall not, at the hearing of the action, except by leave of the Court or Judge, be at liberty to put in evidence any document not specified in his affidavit of discovery.

96. Any party -to an action may serve upon any other party to the action a notice to produce, for inspection or transcription, any document in hi possession or power relating to any matter in question in the action.

97. If the party served with notice to produce omits or refuses to do so within the time specified in the notice, the adverse party may apply to the Court or Judge for an order requiring the other party to produce the document specified in the notice.

Any order so made shall specify the time and plate at which any document is to be produced for inspection.

98. The Court or a Judge may at any time during the pendency of an action order the discovery upon oath and production by any party of any documents in his custody or possession or under his control relating to any matter in dispute in the action and may deal with such documents when produced in such manner as shall seem just.

Admission of Documents

99. Any party to an action may serve upon any other party notice to admit any documents (saving all just exceptions), and a party not admitting it after such notice shall be liable for the costs of proving the document, whatever the result of the action may be, unless the taxing officer is of opinion that there was sufficient reason for not admitting it.

100. No costs of proving any document shall be allowed, unless notice to admit shall have been previously given, or the taxing officer shall be of opinion that the omission to give such notice was reasonable and proper.

Special Case

101. The parties to an action may at any time before the hearing agree to state the questions at issue for the opinion of the Court or Judge in the form of a special case.

102. If at the time the parties appear before the Court in obedience to the writ of summons, or subsequently it shall appear to the Court or Judge that there is in any action a question of law which it would be convenient to have decided in the first instance, the Court or Judge may direct that it shall be raised in a special case or in such other manner as may be deemed expedient.

103. Every special case shall be divided into paragraphs, numbered consecutively, and shall state concisely such facts and documents as may be necessary to enable the Court or Judge to decide the question at issue.

104. Every special case shall be signed by the parties or their advocates and shall be filed in the Court.

Tenders

105. A party desiring to make a tender in satisfaction of the whole or any part of the adverse party’s claim, shall pay into Court the amount tendered by him, and shall serve a notice on the adverse party of the tender and of the terms, if any, on which it is made.

106. If the adverse party accept the amount tendered in full satisfaction of the causes of action in respect of which it is tendered, he shall within ten days from the service of such notice upon him give notice of his acceptance to the party by whom the tender was made and shall then be entitled to tax his costs incurred up to the date of the service of notice upon him.

107. In case notice of acceptance be not so given, the tender shall be deemed not to have been accepted.

108. The notices of tender and of acceptance may be in the Forms G and H in the Schedule I hereto respectively.

109. Pending the acceptance or rejection of a tender, the proceedings shall be suspended.

Payment into Court

110. Payment into Court shall be effected in the following manner, that is to say-

The person paying money into Court shall apply to the Registrar for a warrant to the proper officer of the Treasury to receive the same, and the Registrar shall hand him a warrant in the Form I in Schedule I hereto. Such person shall hand the warrant to the proper officer of the Treasury together with the money to be paid into Court and the officer of the Treasury shall thereupon deliver to the person paying the money into Court a receipt in the Form J in Schedule I hereto. Such receipt shall be handed to the Registrar, who shall file the same, and who shall, on application, furnish the person by whom the money has been paid in with a certificate stating that the money has been paid in. Such certificate shall be in the Form K in Schedule I hereto.

Payment out of Court

111. Any person desiring the payment out to him of moneys in Court shall apply to the Court or Judge for an order directing the moneys in Court to be paid to him.

112. Any such application may, unless a caveat has been entered against the payment of the moneys out of Court, be made without notice to any party or person; but the Court or Judge may require notice of the application to be served on any party or person, and for that purpose may adjourn the hearing of the application.

113. The Court or Judge may direct such evidence to be adduced as it shall think fit as to the right of the person making the application to the moneys in Court and may make such order on the application as shall seem just.

Evidence

114. Evidence shall be given either by affidavit or by oral examination, or partly in one mode, partly in another.

115. A copy of every document put in evidence in the course of an action shall, before such document is put in, be furnished to the Registrar by the party by whom such document is put in, and such copy shall be filed by the Registrar, who shall note thereon on whose behalf the document was put in evidence.

116. Evidence on an application for an order and at the hearing of an action shall in general be given by the oral examination of witnesses; but the mode or modes in which evidence shall be given, either on any application or at the hearing of an action, may be determined either by consent of the parties, or by direction of the Court or Judge.

117. The Court or Judge may order any person who has made an affidavit in an action to attend for cross-examination thereon before the Court or Judge, or the Registrar, or a Commissioner specially appointed.

Any such order, if made by a Judge, shall be final.

118. Witnesses examined orally before the Court or Judge, the Registrar, or a Commissioner, shall be examined, cross- examined, and re-examined in such order as the Judge, Registrar, or Commissioner may direct; and questions may be put to any witness by the Court or Judge, Registrar, or Commissioner, as the case may be.

119. If any witness is examined by interpretation, such interpretation shall be made by any interpreter acting officially as interpreter in the Court, or by a person previously sworn to faithfully interpret the evidence of the witness.

Affidavits

120. The following regulations shall be observed in relation to the preparation and swearing of affidavits, namely-

(a) Every affidavit shall be divided into short paragraphs numbered consecutively, and shall be in the first person;

(b) Every affidavit shall be entitled with the title of the action in which it is sworn;

(c) Every affidavit shall state the full name, trade, profession, and address of the person making it;

(d) Any interlineation, alteration, erasure or obliteration, made before the affidavit is sworn, shall be attested by the person administering the oath, who shall affix his signature or initials in the margin immediately opposite thereto;

(e) Where an. affidavit proposed to be sworn is illegible or difficult to read, or is, in the judgment of the person who would have to administer the oath, so written as to facilitate fraudulent alterations, he may refuse to administer the oath, and may require the affidavit to be re-written;

(f) The affidavit, when sworn, shall be signed by the witness, or, if he cannot write, marked by him with his mark in the presence of the person administering the oath;

(g) The jurat shall be written without interlineation, alteration, erasure, or obliteration immediately at the foot of the affidavit and towards the left side of the paper and shall be signed by the person administering the oath;

It shall state the date of the swearing and the place where the affidavit is sworn and that it was sworn before the person administering the oath;

Where the witness is blind or illiterate it shall state that fact and that the affidavit was read over to him in the presence of the person administering the oath and that the witness appeared to understand it;

(h) Where two or more persons join in making an affidavit, their several names shall be written in the jurat, and. the jurat shall state that each of them has been sworn to the truth of the several matters stated by him in the affidavit.

121. Before an affidavit shall be used in the Court for, any purpose, it shall be filed in the Court, and the original affidavit or an office copy thereof shall alone be recognised for any purpose in the Court.

122. Affidavits may, by permission of the Court or Judge, be used as evidence in an action, saving all just exceptions:

(1) If purporting to be sworn to, in the United Kingdom of Great Britain and Ireland, or in any possession, before any person appearing to be or proved or known to be authorized to administer oaths in the said United Kingdom or in such possession respectively;

(2) If purporting to be sworn to, in any place (other than Cyprus) not being a part of Her Majesty’s dominions, before a British minister, consul, vice-consul, or notary public, or before at Judge or Magistrate, the signature of such Judge or Magistrate being authenticated by the. official seal of the Court to which he is attached;

(3) If purporting to have been sworn in Cyprus before a Judge or Registrar of any Court in Cyprus or any notary public.

Summoning Witnesses

123. Where a summons is required for the attendance of any person as a witness, application in writing for the issue thereof shall be made to the Registrar.

The application may contain the names of any number of witnesses, and shall be filed.

124. The Registrar, before issuing any summons to a witness, may, if he shall think fit, require the party applying for the summons to pay into Court such sum as he may consider sufficient to satisfy the reasonable expenses which may be incurred by the witness in attending in obedience to the summons.

Examination of Witnesses before Trial

125. The Court or Judge may, upon the application of any party, order that any witness, who cannot conveniently attend at the trial of the action, shall be examined previously thereto, before either a Judge or the Registrar.

Any such order, if made by a Judge, shall b final.

126. If the witness cannot be conveniently examined before the Judge or the Registrar, or is resident out of Cyprus, the Court or Judge may order that he shall be examined before a Commissioner specially appointed for the purpose.

Any such order, if made by a Judge, shall be final.

127. The Commission shall be drawn up by the Registrar and signed by a Judge of the Court, and may be in the Form L in Schedule I hereto.

128. The Commissioner shall have power to swear any witnesses produced before him for examination, and to adjourn, if necessary, the examination from time to time, and from place to place.

129. The parties and their advocates shall be entitled to attend at the examination of any witness.

130. The evidence of every witness, examined previously to the trial, shall be taken down in writing, and shall be certified as correct by the Judge or Registrar, or by the Commissioner, as the case may be, and shall be filed by the Registrar.

131. Evidence taken before trial in accordance with these Rules may be used as evidence in the action, saving all just exceptions.

Assessors

132. The Court or Judge may, either with or without the application of any party, appoint one or more assessors to advise the Court upon any matters requiring nautical or other professional knowledge.

133. The fees of the assessors shall be paid in the first instance by the Plaintiff, unless the Court or Judge shall otherwise order.

134. The Court or Judge may, if it shall seem fit, require such sum as may appear to be reasonably necessary to defray the fees or charges of any assessor or assessors to be paid into Court before the time fixed for the hearing of the action.

Setting down the Action for Hearing

135. Any party may, at the time when the statement of the facts in dispute is drawn up by the Court or Judge in accordance with the provisions of Rule 39, apply to the Court or Judge to fix a day for the hearing of the action, and if the Court or Judge shall so think fit, a day may be fixed accordingly; and no further notice of the day so fixed shall be required to be given to any party present or represented before the Court or Judge.

136. Any party may, at any time after the statement of the facts in dispute has been drawn up, and if no time has been fixed by the Court or Judge, apply to the Registrar to fix a day for the hearing of the action.

137. The Registrar shall, on any such application, enter the action for hearing on any convenient day, not being less than fifteen days from the day on which such application is made.

138. The party, on whose application an action is entered for hearing, shall serve a notice in writing on every other party of the day and hour fixed for the hearing. Such notice shall be served at least ten days prior to the day fixed for the hearing.

Such notice shall be served at least ten days prior to the day fixed for the hearing.

139. The Court or Judge may, for good cause shown, direct that an action be entered for hearing on any day, though being less than fifteen days from the day on which the application to enter the action for hearing is made, and that such notice of the day fixed for the hearing of the action be given to the other parties thereto as may seem fit.

Proceedings on Hearing

140. At the hearing of an action the Plaintiff shall in general begin; but if the burden of proof lies on the Defendant, the Court or Judge may direct the Defendant to begin.

141. If there are several Plaintiffs or several Defendants, the Court or Judge may direct which Plaintiff or which Defendant shall begin.

142. The party beginning shall first address the Court, and then produce his witnesses, if any. The other party shall then address the Court, and produce his witnesses, if any, in such order as the Court or Judge may direct, and shall have a right to sum up the evidence. In all cases the party beginning shall have the right to reply, but not to produce further evidence, except by permission of the Court or Judge.

143. If at the time fixed for the hearing of the action, the Defendant shall not appear, the Court or Judge may give judgment on the evidence adduced by the Plaintiff.

144. If at the time fixed for the hearing of the action, the Plaintiff shall not appear, the Court or Judge may give judgment dismissing the Plaintiff’s claim.

145. If the party, who does not appear at the time fixed for the hearing of the action, be not the party on whose application the action was set down for hearing, the Court or Judge shall require proof of service of notice on the absent party.

References

146. The Court or Judge may, by order, at any stage of the proceedings refer the assessment of damages or the taking of any account to the Registrar of the Court or some other referee or referees, upon such terms as to costs or otherwise as shall seem reasonable.

Every such order shall specify clearly the matter to be referred,

147. The rules as to evidence, and as to the proceedings on the hearing, shall apply mutatis mutandis to a reference under the last preceding Rule; and the proceedings may, if it shall appear to the referee or referees to be necessary, be adjourned from time to time, and from place to place.

148. When a reference has been heard, the referee or referees shall draw up a report in writing of the result, showing the amount, if any, found due, and to whom, together with any further particulars that may be necessary.

149. When the report is ready, it shall be enclosed by the Registrar of the Court or forwarded to him in a sealed cover, inscribed with the title of the action and having endorsed thereon a statement of the fees or charges of the referee or referees.

150. When the Registrar is satisfied that the fees or charges of the referee or referees have been paid, he shall open the enclosure and file the report.

Any party shall be entitled to inspect or make a copy of any report when filed.

151. If any dispute shall arise as to amount of the fees or charges of the referee or referees, the amount to be so paid shall be settled by the Court or Judge, on the application of any referee or any party.

152. Any party may apply to the Registrar, at any time after the filing of the report, to set the action down for hearing or further hearing as the case may be.

153. On such hearing or further hearing of the action the Court or Judge may confirm, set aside, or vary the report, and give such judgment in the action as the Court or Judge shall think right, or may send back the report to the Registrar or other referee or referees for any further finding of the matters referred, and, in such case, may adjourn the further hearing of the action.

154. The fees or charges (if any) of the Registrar or other referee or referees, to whom a report is sent back for any further finding, shall be paid before the action is again set down for further hearing.

155. Where any party shall object to any report of the Registrar or other referee or referees he shall file in the Court a statement of the grounds on which he objects to the report and specifying the item of the report to which he objects; and shall serve a copy of such statement on the adverse party at least seven days prior to the day fixed for the hearing of the action.

156. If such notice be not so given, the Court or Judge, on the hearing of the action, may direct that any costs, occasioned. by the neglect to give such notice, shall be borne by the party neglecting to give the same, whatever the result of the action may be,

Entering and Amendment of Judgments

157. Any party desiring a judgment to be drawn up shall make an application for that purpose to the Registrar by whom the judgment shall be drawn up and entered in a book to be kept for that purpose.

158. Every judgment when entered shall be signed by the Judge or one of the Judges of the Court. It shall be dated as of the day on which it was pronounced and take effect from that day.

A note of the date on which the judgment is entered shall be made in the Judgment Book.

159. The Court or Judge may, on the application of any party, and either with or without notice of such application being given to any other party or parties as to the Court or Judge may seem fit, amend or rectify any judgment as entered; and a note shall be made in the Judgment Book that the judgment has been so amended by the direction of the Court or Judge.

Appeals

160-164 are repealed. See p. 548 ante.

165. Save where by these Rules is otherwise provided, any party may apply to the Court to review any order made by a Judge not being a final order or judgment disposing of the claim in the action.

166. Any party desiring to apply to the Court for a review of any order made by a Judge shall within seven days of the making of the order file a notice in writing stating that lie desires to apply to the Court for a review of the order and requesting that a day may be fixed for the hearing of his application, and the Registrar shall fix a day accordingly.

Every such application shall be entitled in the action and shall be signed by the party making the application or his advocate and may be in the Form M in Schedule I hereto.

167. Upon the hearing of the application, the Court may confirm, set aside, or vary the order of the Judge, or may make such order as in the opinion of the Court should have been made, or such further order as the nature of the case may require.

Executions

168. Where any party shall desire to obtain execution of a judgment or order by sale of movable property or by attachment of movable property, he shall make a written application for the same to the Registrar, and shall at the same time produce to the Registrar an office copy of the judgment or order sought to be executed.

The application shall be signed by the judgment creditor or his advocate and shall be filed,

169. Every writ of execution by the sale of property shall direct in what manner the moneys to be raised under the writ shall be disposed of.

170. Every writ of execution for the recovery of money shall state the amount due under the judgment and direct the marshal to levy the same together with interest thereon at the rate of 9 per cent. per annum from the date of the judgment and together with the costs of execution.

171. Every writ of execution for the recovery of money shall be addressed to the marshal, and shall after execution thereof be returned by the marshal to the Court, endorsed with a statement of what has been done thereunder and of the amount of the costs incurred in such execution, and every such writ, when so returned, shall be filed.

172. Where any party shall desire to obtain execution of a judgment by sale of immovable property, he shall apply to the Court or Judge for the issue of a writ.

173. A writ of sale of immovable property shall contain a description of the property, and, where the same is registered in the books of the Land Registry Office, such particulars of the registration as shall enable the entry in. the books of the Land Registry Office relating to such property to be readily found. If the property be not registered or be registered in the name of any person other than the debtor, the writ shall state the interest of the debtor in the property.

No writ of sale of immovable property shall be issued until the party applying therefor shall furnish the Court or Judge with the particulars required by this Rule to be set forth in the writ.

174. No writ of sale of immovable property shall be issued unless notice of the application for the issue of such writ shall have been served upon the party against whom execution is sought.

In cases where there shall be no address for service or the person to be served is absent from Cyprus or cannot be found, the Court or Judge may direct in what manner notice of the application shall be given.

175. The Court or Judge may, at any time after the issue of a writ of execution, on the application of any person, direct that proceedings under the writ may be stayed for such time and on such terms as shall seem fit.

176. Any such application may be made without notice to any party, but the Court or Judge, on the hearing of the application, may direct that notice thereof be given to any party interested and may adjourn the hearing of the application for that purpose.

177. Any person (hereinafter called the claimant) who shall claim any movable property seized in execution by virtue of a writ of seizure and sale or of attachment shall give notice in writing of his claim to the marshal and the judgment creditor at whose instance the property has been seized in execution.

The notice shall be entitled in the action and shall state the name and address of the claimant and the ground of his claim and shall specify the property claimed by him, and may be in the Form N in Schedule I hereto.

178. The marshal, the claimant, or such judgment creditor, may apply to the Registrar to fix a time at which the right to such property may be determined by the Court or a Judge; and the Registrar shall fix the earliest time which shall appear to him convenient to enable all persons interested to appear before the Court or Judge.

179. Notice of the time so fixed by the Registrar under the last preceding rule shall be given by the person making the application to all other persons claiming to be interested in the property seized.

180. If at the time fixed for the hearing of the application, either the execution creditor or the claimant shall not appear, the Court or Judge may require service of the notice of application to be proved unless the time was fixed on the application of the party failing to appear.

181. The Court or Judge shall on the application coming on for hearing and after hearing the parties appearing and any evidence that may be adduced by either or many of them, make any order disposing of the claim, or may adjourn the hearing of the application if it shall appear necessary so to do to determine the rights of the parties.

182. The Court or Judge, in disposing of the claimant’s claim, may direct by whom the costs of and occasioned by the application, shall be paid, and, if any such costs are directed to be paid by the execution creditor, the Court or Judge may direct that he be entitled to add such costs to his costs of execution; and where any costs have been incurred by the marshal the Court or Judge may direct that he recover the amount thereof as costs of execution.

Costs

183. In general costs shall follow the result; but the Court or Judge may in any case make such order as to the costs as shall seem fit.

184

184. The Court or Judge may direct payment of lump sum in lieu of taxed costs,

184Α. Εκτός εάν το Δικαστήριο διατάξει διαφορετικά θα ισχύουν ανάλογα με την αξία του επίδικου θέματος οι κλίμακες αμοιβής σε αγωγές ενώπιον του Επαρχιακού Δικαστηρίου σύμφωνα με τον Περί Πολιτικής Δικονομίας (Τροποποιητικός) (Αρ. 5) Διαδικαστικός Κανονισμός του 2008 επαυξημένων των ποσών κατά 75%.

185

185. If any Plaintiff (other than a seaman suing for his wages or for the loss of his clothes and effects in a collision) or any Defendant making a counterclaim is not resident in Cyprus, the Court or Judge may, on the application of the adverse party, order him to give such security for the costs of such adverse party as to the Court or Judge shall seem fit; and may order that all proceedings in the action be stayed until such security be given.

186

186. If a tender is rejected, but is afterwards accepted, or is held by the Court or Judge to be sufficient, the party rejecting the tender shall, unless the Court or Judge shall otherwise direct be ordered to pay all costs of the adverse party incurred subsequently to the date of the tender.

187

187. A party, who has not admitted any fact which in the opinion of the Court or Judge he ought to have admitted, may be ordered to pay all costs occasioned by the non-admission.

188

188. Any party pleading at unnecessary length or taking any unnecessary proceeding in an action may be ordered to pay all costs thereby occasioned.

Taxation of Costs

189. A party desiring to have a bill of costs taxed shall apply to the Registrar to fix a day for the taxation. The Registrar shall appoint any time for such taxation which in his opinion will enable all parties interested to appear before him and notice of the time so fixed shall be served on all parties affected by the taxation by the party applying therfor.

190. The Registrar shall copy every bill of costs presented to him for taxation into a book to be kept by him for that purpose (and hereafter called the Taxing Book), so that, after taxation, it shall appear which items are allowed and which are disallowed, and at the foot of such copy of the bill of costs he shall certify the total amount of costs allowed by him.

191. The costs to be allowed on taxation shall include all fees of Court, all sums reasonably expended in the employment of advocates, in procuring the attendance of witnesses, and in the travelling, lodging, and maintenance of the party entitled to recover costs.

192. The Registrar may, if he think fit, require the party applying for taxation to prove the payment of any sums alleged by him to have been expended and which he seeks to recover from the adverse party.

193. The costs of and occasioned by the taxation shall be paid by such of the parties as the Registrar shall, at the time of the taxation, direct; provided that where the application for taxation is made by the party entitled to the costs of the action, the Registrar shall not allow him his costs of taxation unless such party has, previous to the application for taxation, served on the party by whom the costs are to be paid a copy of the bill of costs and demanded payment of the same.

194. At the time appointed for the taxation, if either party is present, the taxation may be proceeded with; provided that where the party applying for taxation only appears, the Registrar may require service of the notice of the time fixed for taxation to be proved.

195. Any party may apply to the Court for a review of the taxation by the Registrar; provided that he shall, within three days from the date of such taxation, give notice of his application to the Registrar and to the other party to the taxation.

196. The Registrar shall, on the application of the party asking for a review, fix a time for such review, and notice of the time so fixed shall be given by the party applying for the same to the other party to the taxation.

197. On any review of the Registrar’s taxation by the Court or Judge, the Taxing Book shall be presented to the Court or Judge, and the Judge, or one of the Judges of the Court, shall certify the amount allowed by the Court or Judge on such review.

198. Any review of the Registrar’s taxation by a Judge shall be final.

199. At the expiration of three days from the date of the taxation, if no notice of application for review has been given, and at any time after review of taxation by the Court or Judge, the Registrar shall, on the application of the party entitled to the costs, furnish him with a certificate stating the amount at which the costs have been taxed.

200. The Court or Judge may, on the hearing of the application for review of taxation, fix the amount of the costs occasioned thereby, and may direct by whom the same shall be paid, and may add or deduct the amount of such costs to or from the amount of the bill of costs allowed on review.

201. Costs may be taxed either as between advocate and client or as between party and party.

202. If in a taxation between advocate and client more than one sixth of the amount of the bill of costs is struck off, the advocate may be ordered to pay all the costs attending the taxation.

Applications

203. A party desiring to obtain an order from the Court or Judge shall ordinarily make oral application for the same, but the Court or Judge may, on the application being made, direct that a written application be furnished.

Where a written application is furnished, it shall be filed by the Registrar.

204. Except where by these Rules it is otherwise provided, no order affecting the interests of any person other than the person on whose application the order is made, shall be made unless notice of the application shall have been given to all other persons interested, except in the case hereinafter provided.

205. The Court or Judge may, on proof of urgency or other peculiar circumstances, make a temporary order, notwithstanding that no notice of the application has been given, on such terms, as to the furnishing of security or otherwise, as shall appear to be just.

206. No such order shall remain in force for a longer period than shall be necessary for service of notice thereof on all parties affected thereby and for enabling them to appear before the Court or Judge and object thereto, and the Court or Judge may, by the order, fix a time within which notice of the order shall be served on the parties affected thereby and for their appearance.

207. Any person desiring to apply for an order, shall in the first place apply to the Registrar to fix a day for the hearing thereof, and shall then serve notice of the application and of the day and hour appointed for the hearing thereof on all parties affected thereby.

208. When the application comes on for hearing, the Court or Judge, after hearing the parties, or, in the absence of any of them, on proof that the notice of the application has been duly served, may make such order as shall seem fit.

209. The hearing of any application may from time to time be adjourned upon such terms, if any, as shall seem fit to the Court or Judge.

210. Every order shall be drawn up\and entered in the same manner as judgments are required to be drawn up and entered by these Rules.

211. The Court or Judge may, on due cause shown vary or rescind any order previously made.

212. The Court or Judge may, in the order, direct by whom the costs of any application are to be paid, and, in default of any such direction such costs shall be costs in the action, and shall be paid by the person or persons paying the costs of the action.

Service

213. After the Defendant has appeared before the Court in obedience to the writ of summons, all notices or documents to be served upon any party to the action may be served by leaving the same at his address for service; or, if the party to be served has neglected or refused to name an address for service, by posting the notice or document to be served at some convenient place at the Court-house.

214. Unless otherwise provided by these Rules, any document calling upon a person to appear before the Court or Judge or giving any person notice of any proceeding to be had or taken before the Court shall be served on such person at least ten days prior to the day on which such person is to appear or on which such proceeding is to be had or taken.

215. The Court or Judge may, by order, direct that any such document or notice may be served at any time prior to the day on which the person to be served is to appear before the Court or Judge or the proceeding is to be had or taken, care being taken that the person served is allowed sufficient time to attend the Court at the time fixed by the notice; and where leave is thus given to serve such document or notice, an office copy of the order shall be served with such document or notice.

Title of Action

216. The name of the Court, the names of the parties, and in the case of an action in rem, the description of the property sought to be affected by the action, and the number and date of the action as stated in the writ of summons, form the title of the action; and all judgments or orders and every document issued out of the Court shall be entitled with such title together with any amended title that may become necessary. Provided that, except where by these Rules is otherwise provided, where there are several Plaintiffs or Defendants it shall be sufficient to state in the title of any document to be issued out of or filed in the Court the name of the first of such Plaintiffs or Defendants and to state that there are other Plaintiffs or Defendants as the case may be.

217. Where any new parties to an action shall be added or any parties shall be struck out, the title of the action shall be amended so as to show the names of the parties between whom the action is continued.

218. Every warrant, writ, or other instrument issued out of the Court, shall be sealed with the seal of the Court before being issued.

219. Every document issued under the seal of the Court shall bear date on the day of sealing, and shall be deemed to be issued at the time of the sealing thereof.

Filing

220. Every document required by these Rules to be filed shall be filed by the Registrar writing at the foot thereof the word ‘filed” together with the date of the day on which the same is handed to him to be filed and adding thereto his signature.

221. In every action the writ of summons and every document required by these Rules to be filed together with the notes of the Judge or of the Presiding Judge of the Court on the hearing of the action or of any application or proceeding in the action shall be fastened up together and shall form the file of proceedings.

For the purposes of this Rule, the notes of the Judge or Presiding Judge of the Court shall be taken on loose paper.

222. No person shall be entitled as of right to inspect or take copies of any part of the file of proceedings (except the statement of the facts in dispute prepared by the Court or Judge, any preliminary act, and the report of any referee or referees), but the Court or Judge may authorize any person to inspect or take copies of any part of the file of proceedings or may authorize the Registrar to make and issue office copies thereof.

Time

223. If the time for doing any act or taking any proceeding in an action expires on a Sunday, or on any other day on which the offices of the Court are closed, and by reason thereof such act or proceedings cannot be done or taken on that day, it may be done or taken on the next day on which the offices of the Court are open.

224. Where, by these Rules or by any order made thereunder, any act or proceeding is ordered or allowed to be done within or after the expiration of a time limited from or after any date or event, such time, if not limited by hours, shall not include the day of such date or of the happening of such event, but shall commence on the next following day.

225. The Court or Judge may, on the application of either party, and if it shall seem fit without notice to any other party, by order direct that the time prescribed by these Rules or forms or by any order made under them for doing any act or taking any proceedings, be enlarged or abridged, upon such terms as to the Court or Judge shall seem fit; and any, such enlargement may be ordered although the application for the same is not made until after the expiration of the time prescribed.

Marshal

226. The marshal shall execute by himself or his officer all instruments issued from the Court which are addressed to him, and shall make the necessary returns thereto.

227. Every warrant, writ, or other instrument directed to the marshal shall be left with the marshal by the party at whose instance the same is issued.

Records of the Court

228. The Registrar shall keep a book, to be called the Minute Book, in which he shall enter in order of date, under the head of each action, and on a page numbered with the number of the action, a record of the commencement of the action, of all proceedings had or taken, all documents issued or filed, all acts done, and all orders and decrees of the Court.

229. The Registrar shall keep a book, to be called the Caveat Book, in which he shall enter all caveats required to be entered by any person.

230. Any person may, at all reasonable times, upon application to the Registrar, inspect the Caveat Book.

Forms

231. The forms in Schedule I to these Rules may be followed with such variations as the circumstances may require.

Fees

232. The proceedings had or taken under these Rules, in respect of which a fee shall be chargeable, shall be those set forth in Column I of Schedule II hereto.

233. There shall be taken, in respect of such proceedings, the fees set forth in Column II of the said Schedule.

234. All such fees, except where otherwise expressly provided in Column III of the said Schedule shall be taken in stamps.

Such stamps shall be adhesive revenue stamps, and shall be attached to such documents, or be furnished to the Registrar and by him applied and disposed of, as stated in Column III of the said Schedule.

235. Every stamp, denoting a fee of Court, shall be cancelled by the Registrar.

236. The fees payable to the Registrar for the furnishing of office copies or for the certifying of any copy (not made by an officer of the Court) to be a true copy, shall be payable to him as remuneration for the making or certifying of such copies, and. he shall not be accountable for the same.

Application of practice of Admiralty Division of High Court of Justice in England.

Application of practice of Admiralty Division of High Court of Justice in England

237. In all cases not provided by these Rules, the practice of the Admiralty Division of the High Court of Justice of England, so far as the same shall appear to be applicable, shall be followed.

ΠΑΡΑΡΤΗΜΑΤΑ
SCHEDULE I

A.-WRIT OF SUMMONS IN ACTION IN REM.

In the Supreme Court of Cyprus, Admiralty Jurisdiction.


19………… No……………


Between A.B. Plaintiff
And


The Ship………………………………………
or
The Ship……………………………………… and her cargo and freight
or
The cargo ex the Ship ………………………………………
or
The proceeds of the cargo ex the Ship ………………………………………

[or as the ease may be.]


To C.D. of……………and E. F. of……………, the owners of the ship…………… [or owners of the cargo ex the Ship……………or as the case may be] and all others interest in the said Ship [or cargo or freight or as the case may be].
This is to command you to appear before this Court on……………the……………day of……………, 19……………, at 10 o’clock in the forenoon in an action instituted against you by A.B. of……………
The said A.B. claims………………………………………
And Take Notice that if you shall fail to appear the said A.B. may prosecute his action without further notice to you.

(Sgd.)…………………………


Issued the……………day of…………………………, 19……………


(L.S.)


B.-WRIT OF SUMMONS IN AN ACTION IN PERSONAM.
In the Supreme Court of Cyprus, Admiralty Jurisdiction.
19……………No……………
Between A.B. Plaintiff
And
C.D. Defendant.


To C.D. of…………………………
This to command you to appear before this Court on…………………………the……………day of……………, 19……………, in an action instituted against you by A.B. of……………
The said A.B. claims……………………………………………………
And Take Notice that if you shall fail to appear the said A.B. may prosecute his action without further notice to you.


(Sgd.) …………………………


Issued the……………day of…………………………, 19…………………………
(L.S.)


C.-AFFIDAVIT TO. ACCOMPANY APPLICATION FOR ARREST OF PROPERTY.
In the Supreme Court of Cyprus, Admiralty Jurisdiction.
[Title.]


I, A.B. of……………make oath and say as a follows:
I have a claim against the ship……………for [salvage or as the case may be].
The said claim has not been satisfied and the aid of the Court is required to enforce it.


(Sgd.) A.B.


Sworn before me……………at……………this……………day of……………, 19……………


C.D.


or


I, A.B. of……………make oath and say as follows:
1. I have a claim against the Ship…………………………for £………………………… for wages.
2. The said Ship…………………………is a [Norwegian] Ship.
3. I have served upon E.F. Esquire of………………………… [Consul for His Majesty the King of Sweden and Norway] notice of this action.
4. The said claim has not been satisfied and the aid of the Court is required………………………………………


(Sgd.) A.B.

Sworn before me…………………………at…………………………this……………day of……………, 19…………….


C.D.


D.-WARRANT TO ARREST PROPERTY.
In the Supreme Court of Cyprus, Admiralty Jurisdiction.
[Title of action.]
To the Marshal of the Admiralty Court of Cyprus.


You are hereby commanded and authorized to arrest the Ship…………… [her cargo and freight or as the case may be] and to keep the same under safe arrest until the further order of this Court.
The……………day of……………, 19……………


(Sgd.) E.F.
Judge.
(L.S.)


E.-CERTIFICATE OF SERVICE OF WARRANT TO ARREST PROPERTY.


The warrant of this Court to arrest [state property to be arrested] dated the……………day of…………………………, 19……………, was served by A.B. by [state method of service, e.g., affixing the warrant to the mast of the Ship… or as the case may be] on the……………day of……………, 19……………


(Sgd.) L.M.
Marshal.


F.-APPLICATION FOR THE ENTRY OF A CAVEAT RELEASE, CAVEAT
WARRANT OR CAVEAT PAYMENT.
In the Supreme Court of Cyprus, Admiralty Jurisdiction.
[Title of action ]


I, A.B. of……………hereby apply that a caveat may be entered against the release of [state the nature of the property under arrest] arrested by virtue of the warrant of this Court dated the… day of……………19……………, without notice to me.
My address for service is …………………………


(Sgd.) A.B.


The……………day of……………, 19……………


or

In the Supreme Court of Cyprus, Admiralty Jurisdiction.

[Title of action (if any).]


I, A.B., of…………… hereby apply that a caveat may be entered against the issue of a warrant for the arrest of [state the nature of the property against the arrest of which the caveat is to be entered] without notice to me. My address for service is…………………………

(Sgd.) …………………………


The……………day of……………, 19…………


or
In the Supreme Court of Cyprus, Admiralty Jurisdiction.
[Title of action.]


I, A.B. of……………hereby apply that a caveat may be entered against the payment of any money [if the caveat is to be against part only of the fund in Court state what part] out of Court in this action without notice to me.
My address for service is…………………………

(Sgd.) A.B.


The……………day of……………, 19……………


G.-NOTICE OF TENDER.
In the Supreme Court of Cyprus, Admiralty Jurisdiction.
[Title of action;]


To A.B. of……………the above-named Plaintiff.
Take Notice that I, C.D. of……………the above-named Defendant hereby tender the sum of £……………which I have paid into Court in satisfaction of your claim in this action.


(Sgd.) C.D.


The……………day of……………, 19…………


H.-NOTICE OF ACCEPTANCE OF TENDER.
In the Supreme Court of Cyprus, Admiralty Jurisdiction.
[Title of action.]

To C.D. of ……………
Take Notice that I, A.B. of …………… the above-named Plaintiff hereby accept the sum of £ …………… tendered by you in satisfaction of my claim in this action on the …………… day of …………… , 19…………
The …………… day of ……………, 19 …………


I.-WARRANTY FOR PAYMENT INTO COURT.
In the Supreme Court of Cyprus, Admiralty Jurisdiction.
[Title.]


To the Treasurer of the District of Nicosia.
This is to authorize you to receive on behalf of the above-named …………… the sum of £ …………… ( ……………pounds) which is to be placed to the credit of this Court the account of this action.

(Sgd.) L.M.
Registrar.


The……………day of……………, 19…………


J.-RECEIPT FOR MONEY PAID INTO COURT.
In the Supreme Court of Cyprus, Admiralty Jurisdiction.
[Title.]


Received from the above-named …………… the sum of £…………… ( …………… pounds) which has been placed to the credit of this Court the account of this action.

P.Q.
Treasurer.


The …………… day of …………………………, 19…………


K.-CERTIFICATE OF MONEY PAID INTO COURT.
In the Supreme Court of Cyprus, Admiralty Jurisdiction.
[Title of action.]


This is to certify that the sum of £…………… ( ……………pounds)has been paid into Court by the above named.

L.M.
Registrar.


The……………, day of……………, 19……………


L.-COMMISSION TO EXAMINE WITNESSES.
In the Supreme Court of Cyprus, Admiralty Jurisdiction.
[Title.]


To……………, of…………… [name and address of Commissioner.]
Whereas this Court by its order dated the…………… day of……………19……………, directed that a commission should be issued for the examination of witnesses in this action, THIS IS Therefore to authorize you to swear the witnesses who shall be produced before you for examination in this action either in the presence of the parties to this action and their advocates or in their absence and to cause them to be examined and their evidence to be reduced into writing. And you are further authorized to adjourn the said examination from time to time and from place to place as you may find expedient. And at the completion of the examination of the said witnesses you shall transmit their evidence duly certified under your hand to the Registrar of this Court.


(Sgd.)……………
Judge.


The …………… day of……………, 19…………

(L.S.)


M.-APPLICATION FOR REVIEW OF JUDGE’S ORDER.
In the Supreme Court of Cyprus, Admiralty Jurisdiction.
[Title of the action.]


I, A.B. of…………………………, the above-named Plaintiff [or as the case may be] hereby give notice that I desire to apply to the Court for a review of the order of Mr. Jursitce……………made on the……………day of……………, 19……………, and request you to fix a day for the hearing of my application.


(Sgd.) A.B., Plaintiff.


The……………day of……………, 19……………


N.-NOTICE OF CLAIM TO PROPERTY SEIZED IN EXECUTION.
In the Supreme Court of Cyprus, Admiralty Jurisdiction.
[Title of the action.]


To A.B. of …………… [the above-named Plaintiff or as the case may be.]
Take notice that I, E.F. of……………claim the property hereinafter specified that has been seized in execution, of the judgment in this action on the ground that [set forth nature of claim.]
The said property consists of ……………


(Sgd.) E.F.


The……………day of……………, 19……………

I.

II.

III.

 

 

Για έκδοση κλητηρίου εντάλματος σε αγωγή:

 

 

(α) Όταν το ποσό το οποίο
απαιτείται δεν υπερβαίνει τα €100.

Τα ίδια δικαστικά τέλη όπως σε πολιτικές αγωγές όπου η απάιτηση δεν υπερβαίνει
τα €100.

 

(β) Όταν το ποσό το οποίο απαιτείται υπερβαίνει τα €100 όχι όμως τα €500.

17,00

Θα επικολλώνται στο κλητήριο
ένταλμα από το διάδικο που το προσκομίζει προτού τούτο σφραγισθεί.

 

 

 

 

(γ) Όταν το ποσό το οποίο απαιτείται υπερβαίνει τα €500 όχι όμως τα €2.000.

31,00

(δ) Όταν το ποσό το οποίο απαιτείται υπερβαίνει τα €2.000 όχι όμως τα €10.000.

48,00

(ε) Όταν το ποσό το οποίο απαιτείται υπερβαίνει τα €10.000 όχι όμως τα €50.000.

94,00

(στ) Όταν το ποσό το οποίο απαιτείται υπερβαίνει τα €50.000 όχι όμως τις €100.000.

154,00

(ζ) Όταν το ποσό το οποίο απαιτείται υπερβαίνει τα €100.000 όχι όμως τα €500.000. 256,00
(η) Όταν το ποσό το οποίο απαιτείται υπερβαίνει τα €500.000 όχι όμως τα €2.000.000. 342,00
(θ) Όταν το ποσό το οποίο απαιτείται υπερβαίνει τα €2.000.000. 427,00
(ι) Όταν δεν απαιτείται καθορισμένο χρηματικό ποσό ή όταν με την αγωγή δεν αποσκοπείται η ανάκτηση χρηματικού ποσού: 256,00

Νοείται ότι εάν μετά την καταχώριση της αγωγής το απαιτούμενο από τον ενάγοντα ποσό αυξηθεί, τότε θα καταβάλλεται η διαφορά σε τέλη μεταξύ του αρχικού και του αυξημένου ποσού:

Νοείται ότι εάν μετά την καταχώριση ανταπαιτήσεως η αξία του επίδικου θέματος αυξηθεί, η διαφορά σε τέλη θα καταβάλλεται από τον εναγόμενο (ανταπαιτητή).

Για έκδοση κλήσης προς οποιοδήποτε πρόσωπο για να παραστεί σαν μάρτυρας σε οποιαδήποτε διαδικασία.

3,00

Επικολλώνται στο στέλεχος

Για καταχώριση στο μητρώο δικαστικής απόφασης ή διατάγματος, για το οποίο δεν προβλέπεται ειδικό δικαστικό τέλος.

7,00

Επικολλώνται στο μητρώο δικαστικών αποφάσεων ή διαταγμάτων.

Για καταχώριση ειδοποίησης έφεσης:

 

 

(α) Όταν η αξία του επίδικου θέματος είναι μέχρι €2.000. 34,00 Επικολλώνται στην ειδοποίηση έφεσης.
(β) Όταν η αξία του επίδικου θέματος υπερβαίνει τα €2.000 όχι όμως τα €10.000. 51,00
(γ) Όταν η αξία του επίδικου θέματος υπερβαίνει τα €10.000 όχι όμως τα €50.000. 103,00
(δ) Όταν η αξία του επίδικου θέματος υπερβαίνει τα €50.000, όχι όμως τα €100.000. 154,00
(ε) Όταν η αξία του επίδικου θέματος υπερβαίνει τα €100.000 όχι όμως τα €500.000. 256,00
(στ) Όταν η αξία του επίδικου θέματος υπερβαίνει τα €500.000 όχι όμως τα €2.000.000. 342,00
(ζ) Όταν η αξία του επίδικου θέματος υπερβαίνει τα €2.000.000. 427,00

Για αίτηση ψήφισης καταλόγου εξόδων: Για κάθε €2,00 ή μέρος αυτής για την οποία απαιτείται ψήφιση.

0,10

 

Επικολλώνται στο  μητρώο ψήφισης εξόδων.

Για καταχώριση αίτησης για αναθεώρηση της ψήφισης.

5,00

Επικολλώνται στην αίτηση.

Για έκδοση ενταλμάτος εκτέλεσης.

Τα ίδια δικαστικά τέλη όπως στις πολιτικές αγωγές.

Επικολλώνται στην αίτηση για έκδοση του εντάλματος.

Για έκδοση οποιουδήποτε διατάγματος κράτησης περιουσίας.

60,00

Επικολλώνται στην αίτηση για το σκοπό αυτό.

Για καταχώριση ανακοπής (Caveat).

25,00

Επικολλώνται στο μητρώο ανακοπών (Caveat Book).

Για παροχή επίσημου αντιγράφου της δικογραφίας ή οποιουδήποτε μέρους αυτής ή για παροχή επισήμου αντιγράφου οποιουδήποτε εγγράφου που κατατίθεται στο Δικαστήριο εκτός εάν προβλέπεται διαφορετικά.

Τα ίδια δικαστικά τέλη όπως σε πολιτικές αγωγές για απαιτήσεις πέραν των €100.

Το βιβλίο δικαστικών τελών (Έντυπο F. 168).

Για οποιαδήποτε άλλη διαδικασία ή θέμα που δεν προβλέπεται ειδικά.

Τα ίδια δικαστικά τέλη όπως σε πολιτικές αγωγές για απαιτήσεις πέραν των €100 όπου τυγχάνουν εφαρμόσιμα.

Θα πληρώνονται σε χαρτόσημα όπως στις πολιτικές αγωγές.

Σημείωση
3 του Διαδικαστικού Κανονισμού 06.06.1986 (6/1986)Έναρξη Ισχύος

Ο Διαδικαστικός αυτός Κανονισμός [Σ.Σ.: δηλαδή ο Κανονισμός 06.06.1986 (6/1986)] ισχύει από τις 10 Σεπτεμβρίου, 1986.

Σημείωση
Έναρξη Ισχύος

Εκδόθηκε από το Ανώτατο Δικαστήριο στη Λευκωσία στις 8 Ιουλίου 1987 και θα ισχύει από την 1η Σεπτεμβρίου, 1987.

Σημείωση
Έναρξη Ισχύος

Ο Διαδικαστικός αυτός Κανονισμός [Σ.Σ.: δηλαδή ο Διαδικαστικός Κανονισμός 18.06.1993 (4/1993)] θα ισχύει από την 1η Ιουλίου 1993.

Σημείωση
3 του Διαδικαστικού Κανονισμού 19.07.1996 (11/1996)Έναρξη Ισχύος

Ο παρών Διαδικαστικός Κανονισμός [Σ.Σ.: δηλαδή ο Κανονισμός 19.07.1996 (11/1996)] τίθεται σε ισχύ την 1.9.1996. Η δικηγορική αμοιβή για εργασία η οποία έγινε πριν την 1.9.96 θα καθορίζεται σύμφωνα με τον προϊσχύοντα Διαδικαστικό Κανονισμό.

Σημείωση
3 του Διαδικαστικού Κανονισμού 19.07.1996 (11/1996)Έναρξη Ισχύος

Ο παρών Διαδικαστικός Κανονισμός [Σ.Σ.: δηλαδή ο Κανονισμός 19.07.1996 (11/1996)] τίθεται σε ισχύ την 1.9.1996. Η δικηγορική αμοιβή για εργασία η οποία έγινε πριν την 1.9.96 θα καθορίζεται σύμφωνα με τον προϊσχύοντα Διαδικαστικό Κανονισμό.

Σημείωση
2 του Διαδικαστικού Κανονισμού 21.12.2001 (13/2001)Έναρξη Ισχύος

Νέα ημερομηνία έναρξης της ισχύος του Κανονισμού 184Α όπως τροποποιήθηκε με τον περί Ανωτάτου Δικαστηρίου (Δικαιοδοσία Ναυτοδικείου) (Τροποποιητικό) Διαδικαστικό Κανονισμό του 1996, [Σ.Σ.: δηλαδή τον Κανονισμό 19.07.1996 (11/1996)] καθορίζεται η 1.1.2002. Η δικηγορική αμοιβή για εργασία η οποία έγινε πριν την 1.1.2002 θα καθορίζεται σύμφωνα με τους προϊσχύοντες Διαδικαστικούς Κανονισμούς.

Σημείωση
Έναρξη Ισχύος

Ο Διαδικαστικός αυτός Κανονισμός [Σ.Σ.: δηλαδή ο Κανονισμός 22.02.2002(20/2002)] τίθεται σε ισχύ την 1η Μαρτίου 2002.

Σημείωση
2 του Διαδικαστικού Κανονισμού 20.01.2006 (7/2006)Έναρξη Ισχύος

Νέα ημερομηνία έναρξης της ισχύος του Κανονισμού 184Α, όπως τροποποιήθηκε με τον περί Ανωτάτου Δικαστηρίου (Δικαιοδοσία Ναυτοδικείου) (Τροποποιητικό) Διαδικαστικό Κανονισμό του 1996 [Σ.Σ.: δηλαδή τον Διαδικαστικό Κανονισμό 19.07.1996 (11/1996)], καθορίζεται η 1.2.2006. Η δικηγορική αμοιβή για εργασία η οποία έγινε πριν την 1.2.2006 θα καθορίζεται σύμφωνα με τους προϊσχύσαντες Διαδικαστικούς Κανονισμούς.

Σημείωση
Έναρξη Ισχύος

Ο Διαδικαστικός αυτός Κανονισμός (Σ.Σ.: δηλαδή ο Διαδικαστικός Κανονισμός 05.12.2007 (23/2007)], τίθεται σε ισχύ από την 1η Ιανουαρίου, 2008.

Σημείωση
2 του Διαδικαστικού Κανονισμού 05.12.2007 (30/2007)Έναρξη Ισχύος

Νέα ημερομηνία έναρξης της ισχύος του Κανονισμού 184Α, όπως τροποποιήθηκε με τον περί Ανωτάτου Δικαστηρίου (Δικαιοδοσία Ναυτοδικείου) (Τροποποιητικό) Διαδικαστικό Κανονισμό του 2006 [Σ.Σ.: δηλαδή τον Διαδικαστικό Κανονισμό 20.01.2006 (7/2006)], καθορίζεται η 01.01.2008. Η δικηγορική αμοιβή για εργασία η οποία έγινε πριν την 01.01.2008 θα καθορίζεται σύμφωνα με τους προϊσχύσαντες Διαδικαστικούς Κανονισμούς, μετατρέποντας το συνολικό ποσό, από Κυπριακές Λίρες σε Ευρώ στη βάση της ισοτιμίας 0.585274.

Σημείωση
Διόρθωση

Στην Επίσημη Εφημερίδα της Δημοκρατίας αρ. 4073, ημερ. 5 Δεκεμβρίου 2007, Παράρτημα Δεύτερο, Μέρος (Ι), Διαδικαστικοί Κανονισμοί, στον αριθμό γνωστοποίησης 23, σελ. 55, που αναφέρεται στον περί Ανωτάτου Δικαστηρίου (Δικαιοδοσία Ναυτοδικείου) (Τροποποιητικός) (Αρ. 1) (Μετατροπή των Δικαστικών Τελών από Κυπριακές Λίρες σε Ευρώ) Διαδικαστικό Κανονισμό του 2008, στο Παράρτημα ΙΙ, κάτω από τη στήλη ΙΙ, στην παράγραφο (ι), να γραφτεί το ποσό των €256,00.

Σημείωση
Διόρθωση

Οι Διαδικαστικοί Κανονισμοί που δημοσιεύτηκαν με αριθμούς γνωστοποίησεων 6 μέχρι 50, στο Μέρος Ι του Δεύτερου Παραρτήματος της Επίσημης Εφημερίδας της Δημοκρατίας με αριθμό 4073 και ημερομηνία 5 Δεκεμβρίου 2007, αναφορικά με Δικαστικά Τέλη (Αρ. 6-25), Δικηγορικά Δικαιώματα (Αρ. 26, 28-41, 43-45, 47, 49-50), Επιδόματα σε Διαδίκους και Μάρτυρες (Αρ. 27), Τέλη και Έξοδα (Αρ. 42), Ποσά σε Κυπριακές Λίρες (Αρ. 46, 48) διορθώνονται με τη διαγραφή από τον τίτλο τους, τόσο στην επικεφαλίδα, όσο και στην παράγραφο 1 του κειμένου τους, της, εντός παρενθέσεως λέξης «Μετατροπή» και την αντικατάστασή της με την, εντός παρενθέσεως λέξη «Αναθεώρηση».

Σημείωση
3 του Διαδικαστικού Κανονισμού 6/2017Έναρξη ισχύος

Νέα ημερομηνία έναρξης της ισχύος του παρόντος Διαδικαστικού Κανονισμού [Σ.Σ.: δηλαδή του Διαδικαστικού Κανονισμού 6/2017] καθιρίζεται η ημερομηνία δημοσίευσης του στην Επίσημη Εφημερίδα της Δημοκρατίας. Η δικηγορική αμοιβή για εργασία η οποία έγινε πριν από την εν λόγω ημερομηνία καθορίζεται σύμφωνα με τον προϊσχύσαντα Διαδικστικό Κανονισμό.