With reference to the High Court Rules, outline the processes, procedures,

and timeline in civil proceedings from the commencement of an action

until the court gives direction for trial.

KEY
Order = O
Rule – R
Subrule = S
Paragraph = P

O.R.S.P = 1.2.3.a
Issuing of Originating Service -Orders 10 & 11 Affidavit of Service
Processes -Order 5.1 10.6.1
Service could be made by:
• Bailiffs, officers of the Court, other
• Masters' office persons employed for that or solicitors
in Freetown acting as agents 10.1(a & b)
OR • Types:
• Plaintiff files affidavit of service
• District -Personal service 10.2(1)-Order • Including the following details:
• Writ of Summons Registry- (O 58(2) • name of person served
• Originating 6.7(1) -Substituted service, Plaintiff seeks • Date, day and time of the week
Summons • Processes the leave of the Court (10.5.1(10.10(B)Action process was served
• Originating Notice for possession of land), Deemed(10.3(2), • How it was served ( personal, deemed
must have the
of Motion or substituted)
year & date of Ordinary service(10.4)
• Petition issue( O 6.7, 8 • Out of Sierra Leone, seek the leave of the
&9)) Court 11.1.1, Order 11.5(Notice of Writ
&Not the Writ itself to be served to
foreigners
- Claims should fall within 11.1(1a-n)

Order 4 Assignment
Order 2 Non-
Order 3- Time Transfer and
Compliance
Consolidation
Appearance – Pleadings 0rder 18
Writ
•
Order 12
Defendant within 14 days enters • Amendments, with leave
appearance (O12.11a) of the Court & cost 23.5.1
• How: By filing a Memorandum and • Plaintiff Claims 18.1 • Amendment without
Notice of Appearance in the Master’s • Defendant Counter- leave of the Court 23.3.1
office (12.3)-Freetown Claims18.2.1 • Reply to counterclaim
• Exception: If the suit is filed at the • Defence and Counter • Withdrawal
Provinces (District Registry)-12.2 Claims • Discontinuance
• Notice of Appearance by the defendant • Defence to counter
to the plaintiff(O 12. 4(1)) claims
• The defendant can enter a late • Plaintiff replies
appearance but only the Court with its • Rebuttals
leave could order the defendant to file a • Sub-rebuttals
If there is no defence to
defence or any other thing ( O12.12) claims or counterclaims
• If the defendant fails to enter an
appearance?

The plaintiff can bring an action on

Two or more persons may be joined as The parties as defendants will enter appearance the defendant as a representative
plaintiffs or defendants18.4.1 and file defenses to counterclaims of a class of defendants with the
same interest 18.

• Defendant takes leave of the court, after service (19.2.1)

• But no leave of the Court before service ( 19.1.2)
Institute 3rd Party Proceedings to indemnify the • If 3rd party enters an appearance, the defendant then issues notices to
defendant O.19. all other parties) and applies to the Court for direction (19.3.1)
• If 3rd party does not enter an appearance, he is deemed to have
admitted the claim (19.4.1.a)
 Summary Judgment and Judgment on a
Point of Law Orders 16 and 17

Defendant enters The

Appearance but FINAL defendant
with no defence The court fixes a date for the hearing, and notices are JUDGMEN can only
sent to the parties who are given the opportunity to be
heard. T appeal
• Determination on the point of law (O.17)
• Determination based on no defence
• Summary Judgement( can only be used in Writ
• If Plaintiff is convinced that Processes (16.1.2), other than claims of libel,
the defendant has no However, If a party was not given an
slander, malicious prosecution, false imprisonment
defence opportunity to be heard, the
and admiralty actions in rem (16.1.2.a & b)
• Plaintiffs need not call judgment can be set aside (13.9)
witnesses A judgement can be set aside
lawfully by the court or vary the
judgement as terms maybe just
(O13:9).
Default of Appearance – Writ Affidavits of Service Default
Order 13 & Search ( O -13.1) Judgment

The plaintiff can

• The affidavit of service take leave of the
• Where the defendant failed to and search must include: Court with
enter an appearance within 14 • The indorsed writ (original supported
days of service of the writ of copy) evidence and
summons, the plaintiff shall • Exhibit of process enter default of
proceed with default of server’s way book judgment which
appearance. • Search fee receipt is given to the
• The plaintiff, files an affidavit of defendant
service and affidavit of search (13.12.2)
to ascertain if the defendant
entered appearance ( O -13.1)
• Claims for Liquidated and
Unliquidated demand(13.2&3)
• Mixed Claims(13.6)
Default Judgment- If the defendant was not
WRIT 0.13 served
Prayers for default of
• Judgment for liquidated demands (money)
judgment
O 13.2
• Judgment for unliquidated demands
O13.3 The Court may set aside
• Motion for determining detinue or the summary judgment
recovery of possession O13.4.1.a O13.9
• Claims for immovable property O13. 5.1
• Mixed claims O 13.6
• Recovery of money O 13.11
• Action on mortgages O 13.12
• The defendant can file
• Notices of motion supported by affidavit
a defence
served
• Counter-Claims18.2.1
• Judgment in default of appearance
• Defense to counter
Summary Judgment claims
• Notice of Motion to the • Plaintiff also replies
Court 8.3 • Rebuttals
• Judges Summons (O • Sub-rebuttals
I6.2.1)

The Court may set

aside the summary
Administrative Judgment by
judgment
the Master
O13.9
 Prepare for Trial
Reply -Order xx
• Amendments, with leave of the Court & Presumption that the pleadings are
• Rebuttal filed cost 23.5.1 over
• Sub rebuttal

• Fresh issues raised • Withdrawal (O-24) Default

• Discontinuance (O-27)
Judgment
Discovery and Inspection-
• Interrogatories without
Order 29of pleadings, parties are expected to exchange
After close order O 29.1.4
and inspect documents in their possession, custody or power • Court ordered
(O29.1) interrogatories O 29.2

• Litigants share or exchange documents

Summons for Direction Order they rely on during the trial, including The Court may order:
•
names of witnesses and witness that the action be dismissed
28 statements • Defence be struck out and
• All such other information (court bundles) judgment entered
• Plaintiff files application for summons •
• By order, litigants can make notes on facts The party in default may apply
for direction through a motion not later than
• The Court will direct: and issues of dispute that evidence can be
provided for one (1) month to set aside the
order (O-28.2.6)

If either party fails to comply with the

orders order (O-28.2.5)

TRIAL
Appearance – Petition -Orders Default Appearance Order
9 13. 10
If the respondent fails to
• Petitioner files petition and serves the answer
defendant

Statement
The Petitioner of Claims
or applicant Respondent The Petitioner or applicant
The defendant-respondent applies for the matter to be
files:
files: answers put before a judge for trial
• Statement of claim
• An answer, with an
• Signs the relief or
affidavit and serves the
remedy required
petitioner
• the petition is served
• He can also file a cross-
within 7 days or at a time If the Petitioner has a
petion
that the Court orders for sufficient case, the Judge will
the respondent to be grant him judgement
served

the petitioner or respondent

is obliged to answer each
other’s petition or cross- The Master fixes the day and
petition time for the hearing

The assigned judge conducts hearing

on the matter Judgment