— urgent matters, applications to be facilitated

THE Supreme Court of Judicature has updated its COVID-19 emergency directions to include the suspension of court sittings and hearings with immediate effect save and except for those which qualify as urgent matters and applications.

In a statement on Sunday, the Supreme Court listed the matters deemed as urgent for purposes of applications pursuant to the Practice Direction No. 1 of 2020 – COVID -19 Emergency Directions.

They include custody applications; domestic violence and related matters; maintenance applications; habeas corpus applications; Public Health Ordinance, Cap. 145; applications for extension of time to detain persons; matters related to the national and regional elections; matters under the Interception of Communications Act, Cap 47:03 and curfew and related matters.

The measures shall last for one month unless revoked or extended by notice after an assessment of the prevailing public health circumstances. Notwithstanding the above list of urgent matters, all guilty pleas for traffic cases and new charges will be facilitated.
The Emergency Directions were signed into effect by Chancellor of the Judiciary (ag), Justice Yonette Cummings-Edwards.

When it comes to court sittings, the measures state that all ‘in person’ hearings shall continue to be suspended during for the one-month period; sittings of the courts shall continue to be conducted remotely and the court shall include any place, whether or not at a designated court house, where a judge or magistrate elects to sit to conduct the business of the court.

Meanwhile, all time sensitive filings pursuant to Rules of Court or Orders of Court are suspended during the one-month period and affidavits in support of applications must be sworn to and subscribed as required by law with exhibits to affidavits similarly marked as required.

“Where a matter is due to become statute barred under the Limitation Act, Chapter 7:02 or any other legislation during the one-month period when the Emergency Directions are in force, it may be filed by electronic means notwithstanding it is not urgent. The matter must be accompanied with an affidavit explaining the circumstances,” the Supreme Court stated.
At the Court of Appeal, all chamber matters and Full Bench sittings are further suspended for the one-month period subject to the directions of the Judge or the Court. Hearing of urgent applications by the court will be conducted remotely.

At the High Court, regarding civil trials, the hearing Judge has decided that all pending civil matters in the High Courts in Essequibo, Demerara and Berbice are further suspended for the one-month period. These sittings will resume after the one-month period but will be subject to an assessment of the prevailing public health conditions.

Regarding criminal trials at the High Court, the opening of the Demerara Criminal Assizes for the April session is further postponed for the one-month period; the Berbice and Essequibo Criminal Assizes are further suspended for one-month and after the period has ended, the reopening of sessions will be reviewed.

The Supreme Court stated too that the Registries in Georgetown, Demerara, and the Sub-registries at New Amsterdam, Berbice and Suddie, Essequibo remain in operation.
However, the counter and ‘in person’ services continue to be suspended until Friday, May 22, 2020. Unless otherwise advised, these registries will reopen to the public on Monday, May 25, 2020.

When one is filing urgent matters or pleadings to the Court of Appeal and High Courts, as directed by the Court, he or she must do so by email until May 24, 2020. The emails to these courts are included below.

Where urgent matters are required to be filed, litigants and/or attorneys-at-law must file an undertaking to present hard copies of their documents and pay the requisite filing fees on a date, as directed by the registry, which shall be on or after May 25, 2020.
Registry staff will be working remotely to provide services to attorneys-at-law, litigants and other court users.

From, May 4 – 22, 2020, sittings of the Magistrates Courts will continue to be by electronic means – Zoom, Skype or Whatsapp Video and teleconferencing. Magistrates’ courts offices will be opened on specific days from 08:30hrs to 12:30hrs.

The filing of all urgent matters must be on the dates the court offices are open, and where urgent matters are required to be filed on the days when the court offices are not open, contact can be made with the Clerks of Court for the relevant magisterial districts for the matters to be filed.

The changes are in addition to the Supreme Court of Judicature Practice Directions COVID-19 Emergency Directions Gazetted on March 23, 2020 and updated by Notices on April 3, 2020 and April 5, 2020.

COURT EMAILS:
Judicial Registry, High Court, Georgetown, Demerara – supremecourtguyana@gmail.com
Sub-Registry, New Amsterdam, Berbice High Court – subregistryberbice@gmail.com
Sub-Registry, Suddie, Essequibo High Court – subregessequibo@gmail.com
Family Court Registry, High Court, Georgetown – registryfamilycourt@gmail.com
Land Court, High Court, Georgetown – landcourtgy@yahoo.com
Probate Registry, High Court, Georgetown – probateregistrygy@gmail.com