SMALL CLAIMS TRIBUNAL RULES

SMALL CLAIMS TRIBUNAL

SUBSIDIARY LEGISLATION 380.01

SMALL CLAIMS TRIBUNAL RULES

13th October, 1995

LEGAL NOTICE 145 of 1995, as amended by Legal Notices 168 of 1995,

3 of 1996, 138 and 201 of 2000, 159 of 2001, 193 of 2002, 425 of 2007, 174

of 2011 and 59 of 2015.

The title of these rules is the Small Claims Tribunal Rules.

Amended by

L.N. 168 of 1995;

Forms

L.N. 425 of 2007;

L.N. 174 of 2011.

FORM 1: Notice of Claim.

FORM 2: Reply.

FORM 3: Counter-claim Reply.

FORM 4: Notice of Hearing.

FORM 5: Notice of a Claim Set Down Again for Hearing.

FORM 6: Notice to a Third Party.

FORM 7: Summons to Witness.

FORM 8: Order of Escort.

FORM 9: Blank Application.

FORM 10: Application of Appeal.

FORM 11: Answer to the Application of Appeal.

FORM 12: Taxation of Costs for Professional Services.

SMALL CLAIMS TRIBUNAL

REGISTRY FILE NUMBER

Form 1

LOCATION

NOTICE OF CLAIM

IN THE SMALL CLAIMS TRIBUNAL

FROM

CLAIMANT

Fill in the name,

address and telephone

of the person(s)

making the claim

TO

DEFENDANT

Fill in the name,

address and telephone

number of the persons

the claim is against

NOTICE TO THE PARTY AGAINST WHOM THE CLAIM IS MADE

Whoever is served with this notice of claim must within 18 days from the date of service file a reply. If

he fails to do so, the Tribunal may then proceed to determine the dispute in his absence

FOR OFFICE USE ONLY

Tribunal staff will fill

AMOUNT CLAIMED

€

in this part

FILING FEES

€

SERVICE FEES

€

TOTAL

€

PARTICULARS OF THE CLAIM

WHERE?

WHEN?

Te l l w h e r e

this

Te l l w h e n t h i s

happened

happened

HOW MUCH?

State how much is

b ei n g c l a im e d f r o m

the defendant

€

STEP 1

FROM

COMPLETE the NOTICE OF

You must be sure that the address that you give is

CLAIM using a typewriter or writing

correct because this is where the Registry will

clearly. Make sure that all the copies

send you any further notices or information. If

are legible.

your address changes at any time please notify

the Registry immediately.

STEP 2

FILE the NOTICE OF CLAIM by

TO

taking it to the Small Claims Tribunal

Be sure that you have the correct address of

Registry. You must pay a filing fee,

defendant. If there is more than one defendant

which depends on the amount you are

put the name of each defendant (side by side) in

claiming and a service fee. The staff

the space provided. In such a case however make

will check the form and when it is

sure that the claim is a result of the same

accepted for filing, apply the registry

transaction.

stamp, add on filing and service fees

WHAT HAPPENED?

a n d a s s i g n a f i l e n u m b e r. T h e

Registrar will then proceed to serve

You do not need to tell everything about your

on your behalf the defendant with a

c as e h er e . Yo u m us t t e l l j u s t e n o ug h t o l e t

copy of the Notice of Claim.

defendant know what the case is all about. Keep

your description brief. You will have a full

opportunity to present all the facts during the

trial.

STEP 3

WHAT HAPPENS AFTER

WHERE?

If the defendant files a reply, you will

A Notice of Claim must be filed in the Registry

be served with a copy of the reply.

of the Tribunal where the transaction, to which

the claim refers, took place.

HOW MUCH?

You must here state the amount of your money

claim. The said amount cannot exceed f ive

thousand euro (€5,000).

SMALL CLAIMS TRIBUNAL

PARTICULARS OF THE CLAIM - continued

LIST YOUR WITNESSES IN

Name and address of persons you intend to call as witness

THIS PART

WHAT HAPPENED?

ATTACH EXTRA SHEETS IF SPACE IS INSUFFICIENT

Say what is being claimed,

stating briefly the facts that

led to the dispute

signature of claimant

date

REGISTRY FILE NUMBER

Form 2

LOCATION

REPLY

IN THE SMALL CLAIMS TRIBUNAL

TO

CLAIMANT

Fill in the name,

address and telephone

number of the person

making the claim

against you

FROM

DEFENDANT

Fill in the name,

address and telephone

number

of

the

defendant filing this

reply

NOTICE TO DEFENDANT

If with your reply you want to make a counter-claim then you should complete the part of this form

entitled "Reply with Counter-claim".

WHERE DEFENDANT THINKS SOMEONE ELSE SHOULD PAY THE CLAIM

If you think that someone else should pay the claim, whether in full or in part, you should indicate such

other party and serve him with a copy of the claim made against you, your reply, a notice to a third party

form and a blank reply form.

Tribunal staff will fill

FOR OFFICE USE ONLY

in this part

AMOUNT CLAIMED*

€

*Amount claimed is

FILING FEES

€

only applicable if you

as a defendant are also

SERVICE FEES

€

making a counter-

TOTAL

€

cl ai m toge ther w it h

this reply

SMALL CLAIMS TRIBUNAL

STEP 1

FROM

C O M P L E T E t h e R E P LY u s i n g a

This is where you identify the party who is filing

typewriter or writing clearly. Make

this Reply. Give an address where notices and

sure that all the copies are legible.

other information about the dispute can be sent to

you. If this address changes at any time be sure to

inform the Tribunal Registrar.

STEP 2

FILE the REPLY by taking it to the

DISPUTE

S m a l l C l a i m s Tr i b u n a l R e g i s t r y

You do not need to tell everything about your

where the NOTICE OF CLAIM

case here. You must tell just enough to indicate to

against you was filed. The staff will

the claimant and to the Tribunal what parts of the

check your form and if it is in order,

claim you dispute and why. If there is anything in

accept it for filing. The REPLY must

the Notice of Claim with which you agree, be

be filed within the 18 days from when

sure to include that in your reply.

you are served with the NOTICE OF

CLAIM.

STEP 3

COUNTERCLAIM

Where defendant thinks that someone

If you want to make a counter-claim that is a

else should pay the claim, he should

claim against the claimant, then together with

fill that part of the form which

your reply you must also complete that part of

concerns a third party.

the form entitled "Reply with Counter-claim"

following the instructions on this form. To make

a counter-claim your own claim must be

connected to or related to the claim that the

claimant has made against you.

STEP 4

WHAT HAPPENS AFTER

THIRD PARTY

THEN the Tribunal will send a copy

A third party is a person who is neither the

of your Reply to the claimant and set

claimant nor the defendant but someone else

a date for trial. You will receive a

whom the defendant thinks is responsible to pay

notice informing you of the date and

the amount of money claimed by the claimant. To

place when the dispute will be heard.

fill this part of the form follow the instructions

on the form itself.

PARTICULARS OF YOUR REPLY

LIST YOUR WITNESSES

Name and address of whom you intend to call as witness

IN THIS PART

DISPUTE

ATTACH SEPARATE SHEETS IF SPACE IS NOT ENOUGH

State if you are disputing

the claim being made. If

you are then explain with

what you disagree and why

Defendant’s signature

date

SMALL CLAIMS TRIBUNAL

REPLY WITH COUNTERCLAIM

If defendant wishes to make a counter-claim, the following part should also be filled.

WHERE?

WHEN?

Te l l w h e r e

this

Te l l w h e n t h i s

happened

happened

HOW MUCH?

State how much is

b ei n g c l a im e d f r o m

the defendant

€

PARTICULARS OF THE COUNTERCLAIM

LIST YOUR

Name and address of person you intend to call as witnesses

WITNESSES IN

THIS PART

WHAT HAPPENED?

Attach extra sheets if space is insufficient

Say what is being

claimed,

stating

briefly the facts that

led to the dispute

Signature of defendant

Date

REGISTRY FILE NUMBER

Form 3

LOCATION

COUNTERCLAIM REPLY

IN THE SMALL CLAIMS TRIBUNAL

TO

DEFENDANT

Fill in the name,

address and telephone

number of the person

making the claim

against you

FROM

CLAIMANT

Fill in the name,

address and telephone

number

of

the

defendant filing this

reply

My reply to your counter-claim is that

State reasons

Tribunal staff will fill

FOR OFFICE USE ONLY

in this part

AMOUNT CLAIMED*

€

*Amount claimed is

FILING FEES

€

only applicable if you

as a defendant are also

SERVICE FEES

€

making a counter-

TOTAL

€

cl ai m toge ther w it h

this reply

SMALL CLAIMS TRIBUNAL

STEP 1

FROM

COMPLETE the COUNERCLAIM

This is where you identify the party who is filing

REPLY using a typewriter or writing

this Reply. Give an address where notices and

clearly. Make sure that all the copies

other information about the dispute can be sent to

are legible.

you. If this address changes at any time be sure to

inform the Tribunal Registrar.

STEP 2

FILE the COUNERCLAIM REPLY

DISPUTE

by taking it to the Small Claims

You do not need to tell everything about your

Tribunal Registry where you filed the

case here.

NOTICE OF CLAIM. The staff will

check your form and if it is in order,

accept it for filing. The

COUNERCLAIM REPLY must be

filed within the 18 days from when

you are served with the coun ter-

claim.

STEP 3

WHAT HAPPENS AFTER

THEN the Tribunal will send a copy

of your Counter-claim Reply to the

claimant and set a date for trial. You

will receive a notice informing you of

the date and place when the dispute

will be heard.

PARTICULARS OF YOUR COUNTERCLAIM REPLY

LIST YOUR WITNESSES

Name and address of whom you intend to call as witness

IN THIS PART

DISPUTE

ATTACH SEPARATE SHEETS IF SPACE IS NOT ENOUGH

State if you are disputing

the claim being made. If

you are then explain with

what you disagree and why

Defendant’s signature

date

SMALL CLAIMS TRIBUNAL

REGISTRY FILE NUMBER

LOCATION

NOTICE OF HEARING

IN THE SMALL CLAIMS TRIBUNAL

CLAIMANT

AND

DEFENDANT

You are informed that the hearing of your claim will take place before an

Adjudicator of the Small Claims Tribunal

date

time

address where the hearing will be held

signature of Tribunal Registrar

date

NOTICE OF HEARING

ATTEND for the hearing at least ten minutes before the appointed time.

Make sure that you are fully prepared, since this will be your only opportunity to

state your case and submit your evidence to the Tribunal.

BEAR IN MIND these points

1) BRING all the documents that are relevant to the case such as receipts,

correspondence or agreements.

2) MAKE SURE that any witnesses whose evidence you need arrive early. If a

witness is not prepared to attend voluntarily, then you should apply to the

Tribunal for the issue of a Summons to Witness (Form 7). The summons is an

order of the Tribunal telling the witness to attend for the hearing.

3) PREPARE what you are going to say beforehand. Go over all the facts in

chronological order. You may during the hearing refer to any notes you may have

prepared beforehand.

REGISTRY FILE NUMBER

LOCATION

NOTICE OF A CLAIM SET DOWN AGAIN FOR HEARING

IN THE SMALL CLAIMS TRIBUNAL

CLAIMANT

AND

DEFENDANT

You are informed that the hearing of your claim will take place before an

Adjudicator of the Small Claims Tribunal

date

time

address where the hearing will be held

signature of Tribunal Registrar

date

NOTICE OF HEARING

ATTEND for the hearing at least ten minutes before the appointed time.

Make sure that you are fully prepared, since this will be your only opportunity to

state your case and submit your evidence to the Tribunal.

BEAR IN MIND these points

1) BRING all the documents that are relevant to the case such as receipts,

correspondence or agreements.

2) MAKE SURE that any witnesses whose evidence you need arrive early. If a

witness is not prepared to attend voluntarily, then you should apply to the

Tribunal for the issue of a Summons to Witness (Form 7). The summons is an

order of the Tribunal telling the witness to attend for the hearing.

3) PREPARE what you are going to say beforehand. Go over all the facts in

chronological order. You may during the hearing refer to any notes you may have

prepared beforehand.

SMALL CLAIMS TRIBUNAL

REGISTRY FILE NUMBER

Form 6

LOCATION

NOTICE TO A THIRD PARTY

IN THE SMALL CLAIMS TRIBUNAL

Notice to a third party

You should indicate the registry file number of the claim made against you

given

by

the

defendant

FROM

DEFENDANT

Fill in the name,

address and telephone

of the defendant

TO

THIRD PARTY

Fill in the name,

address and telephone

n u m b e r of th e th i r d

party

NOTICE TO THE THIRD PARTY

Whoever is served with this notice must within 18 days from the date of service file a reply. If he fails to

do so, the Tribunal may then proceed to determine the dispute in his absence

FOR OFFICE USE ONLY

AMOUNT CLAIMED

€

FILING FEES

€

SERVICE FEES

€

TOTAL

€

PARTICULARS OF THE CLAIM

WHERE?

WHEN?

Tell where this

Tell when this

happened

happened

HOW MUCH?

State how much is

b ei n g c l a im e d f r o m

the defendant

€

STEP 1

FROM

COMPLETE the NOTICE TO A

You must be sure that the address that you give is

THIRD PARTY using a typewriter or

correct because this is where the Registry will

writing clearly. Make sure that all the

send you any further notices or information. If

copies are legible.

your address changes at any time please notify

the Registry immediately.

STEP 2

F I L E t h e N O T I CE TO A T H I R D

TO

PARTY together with your reply to

Be sure that you have the correct address of the

the claim and counter-claim, if any.

third party. If there is more than one third party

You must pay a filing fee for all these

put the name of each party (side by side) in the

documents. The staff will check the

space provided. In such a case however make

form and when they are accepted for

sure that the claim is a result of the same

filing, apply the registry stamp, add

transaction.

on filing and service fees and assign

WHAT HAPPENED?

a file number. The Registrar will then

proceed to serve on your behalf the

You do not need to tell everything about your

third party with one copy of the

case here. You must tell just enough to let the

claim, the reply, the counter-claim (if

third party know what the case is all about. Keep

any), a third party reply form and a

your description brief. You will have a full

blank reply form so that the third

opportunity to present all the facts during the

part y wi ll have all the necessary

trial.

documents to reply.

STEP 3

WHERE?

WHAT HAPPENS AFTER

A Notice to a Third Party must be filed in the

Registry of the Tribunal where the transaction to

If the third party files a reply, you

which the claim refers took place together with

will be served with a copy of the

the documents mentioned in the opposite column.

r e p l y. I f n o r e p l y i s f i l e d , t h e

Adjudicator may decide the claim in

the third party’s absence.

SMALL CLAIMS TRIBUNAL

REGISTRY FILE NUMBER

LOCATION

SUMMONS TO WITNESS

IN THE SMALL CLAIMS TRIBUNAL

In the case between

Fill in the names of the

parties to the claim

copying them from the

CLAIMANT

AND

DEFENDANT

WITNESS

address of the person you

Name of party who

APPLICANT

Witness is required to attend before the Small Claims Tribunal

Fill in the place, date and

on

date

at

time

at

full address of the place where witness must attend

WHY IS THE WITNESS BEING SUMMONED

State briefly to your

witness why you need his

Witness is required to bring these documents and other things

If you want the witness

to bring to the hearing

any documents or other

Sign and date your

signature of party applying for summons

date

For office use only

DECREE BY ADJUDICATOR

After having considered this application for a summons to witness,

I hereby authorise the issue of this summons and order witness to

appear at the place, time and date as aforesaid and to bring any of

the documents or things as required in this summons

signature of Adjudicator

date

NOTICE TO WITNESS

Once you have received a notice of summons duly authorised by the Tribunal, you must then

attend for the Tribunal hearing at the time and place indicated in this summons and bring with

you any documents or other things required from you in the summons.

SUMMONS TO WITNESS

You do not need to ask the Tribunal to issue a Summons to Witness, if witness is prepared to

attend voluntarily.

COMPLETE the Summons to Witness following the instructions on the form. Be sure to type

or write clearly and that all copies are legible.

FILE the Summons to Witness by taking it to the Small Claims Tribunal Registry. The Staff

will check if the form has been completed correctly. They will then apply the registry stamp

and proceed with the service of the summons. If you want the witness to bring any specific

documents (for example invoices) be sure to list them in your summons.

REMEMBER to file the summons in good time before the date of the hearing when you want

the witness to attend. If a witness who is notified with the summons fails to attend the

Adjudicator may then issue an Order of Escort against him.

SMALL CLAIMS TRIBUNAL

REGISTRY FILE NUMBER

Form 8

LOCATION

ORDER OF ESCORT

IN THE SMALL CLAIMS TRIBUNAL

In the case between

CLAIMANT

AND

DEFENDANT

TO

Officer executing order of arrest

Whereas the witness

full name and address of witness

was served with a Summons to Witness at the hearing of this claim and the said witness

failed to obey the summons, and I am satisfied that the evidence of the witness is material to

this claim,

YOU ARE THEREFORE ORDERED TO ESCORT AND BRING THE WITNESS BEFORE

THIS TRIBUNAL

on

date

time

at

address where the trial is to be held

signature of Adjudicator

date

REGISTRY FILE NUMBER

Form 9

LOCATION

BLANK APPLICATION

IN THE SMALL CLAIMS TRIBUNAL

Fill in the names of the

In the case between

parties to the claim

copying them from the

CLAIMANT

Notice of Claim

AND

DEFENDANT

Name of party making

application

APPLICANT(S)

Briefly state what you

are applying for

signature of applicant

date

SMALL CLAIMS TRIBUNAL

FORM 10

APPLICATION OF APPEAL

In the Court of Appeal

(Claimant) ................ ................................

versus

(Defendants ............. ................................

and/or Third Parties)

Application of Appeal by ......................................................................................

Respectfully states

That an appeal is being lodged to this Honourable Court in terms of article 8 of the

Small Claims Act, as the appellant feels himself aggrieved by the decision delivered

by the Small Claims Tribunal on .....................................................

That the reasons for the appeal are the following

Signature of Advocate

Signature of Legal Procurator

This

day of

Filed by

Registrar

NOTE that an Application of Appeal is to be signed by an Advocate in the normal

manner.

FORM 11

ANSWER TO THE APPLICATION OF APPEAL

In the Court of Appeal

(Claimant) ................ ................................

versus

(Defendants ............. ................................

and/or Third Parties)

The answer of .......................................................................................................

Respectfully submits that (set out statement of defence) ........................................

Respondent humbly prays that ..............................................................................

Signature of Advocate

Signature of Legal Procurator

This

day of

Filed by

Registrar

NOTE that an Answer to the Application of Appeal is to be signed by an Advocate in

the normal manner.

SMALL CLAIMS TRIBUNAL

FORM 12

TAXATION OF COSTS FOR PROFESSIONAL SERVICES

SMALL CLAIMS TRIBUNAL

The fees due for professional services rendered by

in the case

amount to

This

day of

Registrar

SMALL CLAIMS TRIBUNAL

In these rules, unless the context otherwise requires -

"Act" means the Small Claims Tribunal Act;

"Code" means the Code of Organization and Civil Procedure.

Amended by

L.N. 138 of 2000;

L.N. 201 of 2000;

L.N. 159 of 2001.

Substituted by

L.N. 425 of 2007;

L.N. 59 of 2015.

Tariff A: Fees payable in the Small Claims Tribunal

1. For the filing of any claim .....................................................................

2. For the filing of any reply ......................................................................

3. For the filing of any application of appeal ..............................................

4. For the filing of an answer to an application of appeal ...........................

5. The fees established in paragraphs 1 to 4 of this Tariff shall include the

filing of all other acts of procedure and services (including but not

limited to the filing of warrants for the examination of witnesses, the

examination itself, recording fees, transcriptions and copies, the

services of judicial assistants, decrees and declarations prior to

definitive judgement, taxed bill of costs and copies of the judgement)

required following the initiation of the cause through the said act up to

and including final judgement but excluding any fees due for the

notification of acts and any fees due to referees or experts appointed by

the Tribunal or any fees which the Tribunal may be required to pay to

third parties.

6. No fee shall be levied for the filing of any note of admission of a claim

provided that the claim is admitted in full and unconditionally before

any contestation thereon.

7. Any counter-claim contained in any reply or answer shall be treated as

if it is a new claim or appeal and the fees set out in paragraphs 1 to 4 of

this Tariff shall be levied on the counter claim and the reply thereto.

8. The fees stated in paragraphs 1 to 4 of this Tariff shall also be due on the

filing of any application to the Tribunal to be permitted to file any

statement of defence, answer or other act of procedure filed in reply to a

claim and intended to contest, whether totally or partially, a claim or

appeal.

9. (1) For every notification of an act of procedure, including expenses

incurred in the execution of such notification, the following fees shall

be due

(i) registry fee ..............................................................................

(ii) fee due to the executive officer effecting the service .................

Provided that if service is to be effected outside normal working hours,

the fees contained in this paragraph shall be increased by 100%.

(2) Notwithstanding anything contained in this Tariff if the notification of

any act is to be executed personally by an executive officer of the

Tribunal, in cases where the law permits that service be effected

ot herwi se, the following additional fees shall be due, for each

notification

(i) registry fee ..............................................................................

(ii) fee due to the executive officer effecting the service .................

(3) The fees established in sub-paragraph (2) shall not apply when service

is to be effected personally by an executive officer of the Tribunal in

terms of any law, and in such cases the fees established in sub-paragraph

(1) shall apply.

10. For any other act of procedure indicated in the Small Claims Tribunal

Act, but for which no fee is established in this Tariff

SMALL CLAIMS TRIBUNAL

Provided that fees for services not specifically provided for in this Tariff

but provided for in other Tariffs contained in the Code of Organization

and Civil Procedure shall be taxed according to those Tariffs.

11. For the opening of the registry outside working hours

(i) registry fee ..............................................................................

(ii) fee due to attending deputy registrar .........................................

(iii) fee due to each executive officer required to effect service .......

12. (1) All fees due shall be paid together with the filing of the relative act

and the Registrar shall not accept for filing any act of procedure, which

is not accompanied by the relative fee.

(2) The assessment of the Registrar on the amount of fees to be paid shall

be final.

(3) In assessing the fees laid down in this Tariff no account shall be taken of

any faction of €1.

13. (1) The Tribunal may, when delivering judgement, order that the

plaintiff or defendant in a cause pay increased costs to the Registrar of

Courts of not less than €200 and not more than €650 if the Tribunal

deems that the act of procedure initiating the claim or the act of

procedure in reply was frivolous or vexatious or that either of the parties

has unnecessarily prolonged the proceedings and in such case such sum

will not be recoverable from the other party.

No appeal shall lie from the decision of the Tribunal.

(2) The Tribunal may, when delivering judgement, also refer to the

Commission for the Administration of Justice the advocate of the

plaintiff or of the defendant if the Tribunal deems that the advocate is

responsible, wholly or partly, for the frivolous or vexatious act of

procedure or for prolonging the proceedings.

No appeal shall lie from the decision of the Tribunal.

14. (1) The Registrar shall cause a taxed bill of costs to be kept in the file of

each cause and shall immediately enter therein all payments made to the

Registrar and all payments due to the advocates and legal procurators of

the parties and the parties and their advocates and legal procurators

shall have the right to a copy thereof at any time.

(2) Within one month of the delivery of the definitive judgement, the

Registrar shall cause a final taxed bill of costs to be drawn up.

Tariff B: Professional Fees

1. A fee of €81.53 shall be taxed by the Registrar for professional services rendered

before the Small Claims Tribunal by any advocate or legal procurator assisting any of

the parties where the amount in dispute does not exceed €582.34.

2. A fee in accordance with the Tariff for professional fees in cases appearing before the

Court of Magistrates shall be taxed by the Registrar for professional services

rendered before the Small Claims Tribunal by any advocate or legal procurator

assisting any of the parties where the amount in dispute exceeds €582.34.

3. A fee of €174.70 shall be taxed by the Registrar for professional services rendered

before the Court of Appeal by any advocate or legal procurator assisting any of the

parties.

(1)

To make a claim, a claimant shall

(a) fill in the claim form contained in the First Schedule;

(b) file the claim in the Registry of the Tribunal;

(c) pay the fee prescribed in Tariff A of the Second

Schedule;

(d) request the Tribunal to serve the claim on the

defendant.

(2) Where a claim is made against more than one defendant, a

claimant shall name each such defendant; provided that the claim

may not be made against more than one defendant unless the cause

for the claim against each defendant is connected. Such claim shall

be served on all the defendants mentioned in the claim.

(1)

On receiving the claim, the defendant may

(a) pay the amount claimed directly to the claimant; or

(b) file a reply wherein he -

(i) admits all or part of the claim;

(ii) opposes all or part of the claim;

(iii) makes a counter-claim against the claimant.

(2) The defendant shall file his reply to the claim within

eighteen days from the date when he was served with the notice of

claim.

(3)

In replying to the claim, the defendant shall

(a) complete the reply form contained in the First

Schedule;

(b) file the reply in the Registry of the Tribunal;

(c) pay the fee prescribed in Tariff A of the Second

Schedule;

(d) request the Tribunal to serve the reply on the claimant

and on any other defendant, if any.

(1)

A defendant may make a counter-claim against the

SMALL CLAIMS TRIBUNAL

claimant in his reply.

(2) A claimant may reply to a counter-claim by filing a

counter-claim reply.

(1) If a defendant thinks that someone else should pay the

claim, he shall, in his reply, indicate that such other person should

pay all or part of the claim.

(2) The defendant shall serve the third party through the

Tribunal with

(a) a copy of the claim; and

(b) a copy of his reply; and

(c) a notice to a third-party; and

(d) a blank reply form.

(3) In replying, a third party shall follow the procedure for

replying to a claim mentioned in rules 4 and 5.

(1) A party may during the first sitting request the

Adjudicator to authorise any change in anything contained in the

claim, counter-claim, reply, counter-claim reply or other act filed

by such party.

(2) If the Adjudicator considers such request to be justified and

reasonable, he shall during the same hearing order the Registrar to

make the necessary change. No further changes shall be permitted.

(3) If the Adjudicator accedes to a party’s request to change

anything in a claim, counter-claim, reply or other act, he shall

during the same hearing ascertain himself that the other parties are

given the opportunity to request any changes to their claim,

counter-claim, reply or counter-claim reply in view of the changes

accepted by the Adjudicator in terms of sub-rule (2).

(1) A party may withdraw a claim or a counter-claim

during any hearing or by means of a note filed in the Registry.

(2) A party who withdraws a claim or a counter-claim may not

later proceed with it or file another claim with respect to the same

claim or counter-claim.

(1) A witness may be summoned to give evidence or

produce any document before the Tribunal by being served,

through the Tribunal, with a summons to attend at the date and time

indicated therein, at least three days before the date when the

witness is required to give evidence.

(2) If a witness duly summoned fails to attend the hearing, the

Tribunal may order that the witness be brought under arrest for a

later hearing.

(1) The Registrar shall notify each of the parties of the

date and time of the trial.

(2)

Each claim shall be tried separately.

(3) The Tribunal shall not adjourn the trial unless it considers

that there are valid reasons for doing so. The Adjudicator shall

SMALL CLAIMS TRIBUNAL

ensure that the reasons for adjournment are stated in the order for

adjournment.

(4) The Tribunal shall hold the trial in public unless all the

parties thereto otherwise agree.

A party may present either oral or documentary evidence or

both such types of evidence in support of his case.

The Adjudicator may relieve any party who is not

represented by an advocate or legal procurator or any other

professional representative, from the consequences of the failure to

comply with any of these rules, if it is shown that this was due to

mistake, oversight or any other reason which the Adjudicator

considers to be valid. In such cases the Adjudicator may make any

order which he considers to be just.

The provisions of Title IX of Book First and of Title XI of

Book Third of the Code and any other provisions of the said Code

relating to curators shall mutatis mutandis apply to parties to

proceedings before the Tribunal.

(1) An appeal from a decision of the Tribunal shall be

filed in the Registry of Courts by an application made to the Court

of Appeal within eighteen days from the date on which the

Adjudicator delivered his decision.

(2) The appellant shall through the Registrar notify the other

party or parties of the application of appeal.

(3) The defendant shall answer the application of appeal within

eighteen days from the date on which the application of appeal is

served on him.

(4) The Court of Appeal shall, in hearing the appeal, apply the

provisions set out in the Act.

(5) The Registrar shall tax the costs of the appeal proceedings

in terms of the tariffs set out in the Second Schedule and in terms of

the tariffs set out in the Code in so far as such tariffs are not

repugnant to the provisions of the Act and of these rules.

The claim, the counter-claim, the reply, the counter-claim

reply, the notice to third parties and all other acts requiring to be

served on any party shall be notified in terms of section 187 of the

Code.

(1) Fees payable to advocates and legal procurators

assisting the parties to the dispute shall be taxed by the Registrar in

terms of Tariff B of the Second Schedule.

(2)

The Registrar shall tax such fees arbitrio bond viri.

(3) Costs shall be taxed and assessed by the Registrar, and the

assessment made by him may not be impugned after the expiration

of one month. Such period, in regard to the person applying for the

taxed bill of costs, shall commence to run from the day on which

the taxed bill was issued and, in regard to any other person duly

served with such taxed bill by means of a judicial act, from the date

of such service.

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(4) The taxation of costs and fees drawn up by the Registrar

may be impugned by means of an application addressed to the

Adjudicator praying him to amend that taxation.

There shall be vacations in the Small Claims Tribunal

between the 15th July and the 15th September of each year.