Much of what is expected is convention rather than rule. But the Rules do set standards, and they are enforceable.
The starting principle
Order 8 Rule 8(2) of the Criminal Practice Rules 2022 refers to the general principle that court proceedings be held in public, and allows limits on access by the public to the proceedings or … publicity of the proceedings, including in the mass media and on social media only where necessary or expedient, having regard to ss 37(12) and 37(13) of the Constitution.
Section 212(1) of the Organic Law on National and Local-level Government Elections says the same for election petitions: the National Court shall sit as an open court.
Order 19 Rule 9(1) of the National Court Rules 1983 allows a non-contentious probate application to be heard in the absence of the public; Order 20 Rule 7(2) keeps the title of proceedings off an adoption notice’s backsheet; and Order 5 Rule 8(1) of the ADR Rules 2022 requires disciplinary proceedings to be conducted in private and remain confidential save only for its final decision.
The first obligation
Order 22 Rule 41 — on a taxation, where a party has had due notice of the time appointed, the taxing officer may proceed in his absence.
Election Petition Rules 2017, Rule 11(2) — where a respondent fails to file a notice to appear, the Court may proceed to deal with the petition in his or her absence.
ADR Rules 2022, Order 2 Rule 11(2) — failing to attend a mediation may lead to dismissal of the proceeding, a defence struck out, or costs on an indemnity or lawyer and client basis.
See adjournments if you cannot attend.
Rule 13(2) of the Election Petition Rules 2017: where a party is represented, that party shall attend at the directions hearing with his or her lawyer who will be appearing at the trial — repeated for the pre-trial conference and the status conference.
Order 4 Rule 7(3) of the Criminal Practice Rules 2022: the accused shall appear at the first mention of the matter.
Order 2 Rule 10(6) of the ADR Rules 2022: a person required to attend a mediation must attend in person unless granted leave … to attend by telephone, video link, or other form of telecommunication.
Order 2 Rule 29
Order 2 Division 3 governs the form of documents — heading, title, paper and writing, backsheets, numbers and signing — and Rule 29 is headed Scandal.
Allegations against an opponent must be relevant to the issues and properly pleaded. Order 8 requires the material facts; abuse is not a material fact, and a pleading containing it may be struck out.
Order 2 Rule 10(3) of the ADR Rules 2022: as the purpose of mediation is to resolve disputes, the parties shall focus on finding a solution to their dispute and shall refrain from engaging in legal debates or arguments.
The Court’s authority
Section 212(1)(k) of the Organic Law empowers the National Court on an election petition to punish contempt of its authority by fine or imprisonment. The Court has a general contempt jurisdiction — see contempt of court and imprisonment for disobeying an order.
Order 17 Rule 8(2) of the National Court Rules provides a specific instance: on a habeas corpus return, if the respondent does not appear and the body is not produced, application may be made for committal for contempt.
Practical points
- Arrive early. Registry hours are 8.00 a.m. to 12.00 noon and 1.00 p.m. to 3.30 p.m.; the Court’s sitting times are separate.
- Dress neatly and conservatively.
- Stand when the Judge enters and leaves, and when addressing the Court.
- Address the Judge as “Your Honour”, and refer to others by name or as “the plaintiff” or “my friend”.
- Do not interrupt — the Judge, a witness, or the other side.
- Bring your documents, filed and in order, with copies for the Court and the other party.
- Answer the question asked. Judges ask questions to identify the real issue.
- Switch off your telephone, and do not record or photograph the proceedings.
Preparation is a form of courtesy. The Rules make this explicit for lawyers — Order 4 Rule 8(2) of the Criminal Practice Rules 2022 requires counsel at a directions hearing to be sufficiently prepared, and Order 2 Rule 10(9)(b) of the ADR Rules requires a lawyer to prepare adequately.
Candour matters. On an application without notice there is a duty to disclose what the absent party would say. Concealment is treated seriously.
Say so at the outset. The Court will usually explain the procedure. Order 1 Rule 8 provides that non-compliance with any of these Rules … shall not render any proceedings void, and Rule 11(2) that substantial compliance with a form is sufficient. See representing yourself.
Sources
- National Court Rules 1983 — O 1 rr 8, 11; O 2 Div 3, rr 11, 29; O 8; O 17 r 8; O 19 r 9; O 20 r 7; O 22 r 41
- Criminal Practice Rules 2022 — O 4 rr 7, 8; O 8 r 8
- Alternative Dispute Resolution Rules 2022 — O 2 rr 10, 11; O 5 r 8
- Organic Law on National and Local-level Government Elections — s 212
- Constitution — s 37(12), (13)
Courtroom etiquette is largely a matter of convention rather than of the Rules; the practices described are those generally expected in the National Court.
Before relying on anything here, read the current text of the National Court Rules 1983 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.