Rule Making Boards
The Code of Organization and Civil Procedure and the Criminal Code each provide for the setting up of a board, known as “rule making board”, for the making of rules of court. Rules of court are a form of subsidiary legislation intended to regulate matters intimately affecting the conduct of court proceedings and which the legislator believes should be regulated by members of the judiciary and the legal profession directly rather than by Parliament. However these rules cannot be inconsistent with, or repugnant to, anything contained in either code or in any other law.
- for governing the conduct of the courts and for securing and maintaining order and decorum within the building of the courts;
- for fixing the days, hours, duration and number of the sittings of the courts, determining the manner of distribution of the causes among judges and the magistrates appointed to sit in a particular court or chamber thereof, and for making other provision in respect of any matter aforesaid as the Board may deem appropriate;
- for regulating leave of absence, for any reason, by judges, or magistrates, including a requirement of authorization or sanctioning of such leave by the competent authorities;
- for establishing any forms not provided for in the codes;
- for carrying into effect the provisions of the Judicial Proceedings (Use of English Language) Act, as regards the language to be used in the proceedings;
- for making provision with respect to judicial acts and matters of, or incidental to, practice and procedure not provided for in the codes or in any other law;
- for establishing case management procedures;
- for fixing the sessions of the forensic year and the vacation days in the superior and inferior courts, and matters ancillary or incidental to such sessions and vacation days.
The main rules of court (as amended) currently in force are:
- under the Criminal Code: The Court Practice and Procedure and Good Order (Criminal Code) Rules of Court — Legal Notice 280/2008
- under the Code of Organization and Civil Procedure: The Court Practice and Procedure and Good Order Rules — Legal Notice 279/2008