Frequently Asked Questions
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What is the function of the Court of Appeal?
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What is the time limit for filing an appeal in a civil matter, other than non-interlocutory orders?
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What is the function of the judiciary?
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What is the name of the President of the Court of Appeal?
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What is the name of the Registrar of the Court of Appeal?
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What is the procedure for withdrawing a civil appeal?
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What are the names of the other three justices of appeal?
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What is the constitutional age of retirement for a justice of appeal?
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Can a justice of appeal’s time be extended? If so, for how long and under what conditions?
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What are the pertinent roles of the registry staff?
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What is meant by "settling the record"?
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What are the two (2) main pieces of legislation governing the Court of Appeal?
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How can a dis-satisfied party appeal a decision of the Court of Appeal?
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How do you address a justice of appeal in court?
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What is the time frame for filing a Notice of Appeal in a criminal matter?
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What kind of information can be accessed on the Court’s Website?
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Why is the money deposited or the preparation of a bond required in civil matters?
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What is the function of the clerk of the list?
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What is the time frame for filing an application for leave to appeal to the Privy Council?
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What is meant by Conditional Leave and Final Leave to Appeal?
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Who is the head of the Judiciary?
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What is the name of the Chief Justice of The Bahamas?
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Does the Chief Justice sit in the Court of Appeal?
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In what circumstances can the Chief Justice sit in the Court of Appeal?
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When was the President appointed to the Court of Appeal?
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What is a Registrar?
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What are the responsibilities of a bailiff?
Answers
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What is the function of the Court of Appeal?
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The function of the Court of Appeal (highest court in The Bahamas) is to hear appeals from the lower courts.
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- What is the time limit for filing an appeal in a civil matter, other than non-interlocutory orders?
- Six (6) weeks
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- What is the function of the judiciary?
- The judiciary applies and interprets the law.
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- What is the name of the President of the Court of Appeal?
- The Rt. Honourable Dame Joan A. Sawyer
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- What is the name of the Registrar of the Court of Appeal?
- Mrs. Indira Demeritte – Francis
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- What is the procedure for withdrawing a civil appeal?
- The procedure for withdrawing a civil appeal is to filing a Notice of Withdrawal of Appeal as shown in the Court of Appeal Rules and paying a fee of $10.00
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- What are the names of the other three justices of appeal?
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The Hon. Justice Milton L. Ganpatsingh
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The Hon. Justice Emmanuel Osadebay
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The Hon. Justice Hartman Longley
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- What is the constitutional age of retirement for a justice of appeal?
- 68 years
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- Can a justice of appeal’s time be extended? If so, for how long and under what conditions?
- Yes, a justice of appeal’s time can be extended.
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A Justice of Appeal can be permitted to continue in office until he has -
- reached the age of 70 (an extension of 2 years) in accordance with Article 102 of the constitution;
- or for such a period after attaining that age as may be necessary to enable him to deliver judgment or do any thing in relation to proceeding that will commence before he attained that age.
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- What are the pertinent roles of the registry staff?
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The role of the registry staff is:
- to ensure that the documents filed are in proper order before receipt of same
- ensure that the Registry's fees are paid in respect of a document
- ensure that judges documents are properly prepared for hearings
- be in a position to locate or trace a file at any time
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- What is meant by "settling the record"?
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This is done in civil appeals – attorneys for both parties appear before the Registrar to determine which documents will comprise the record for the purpose of the appeal.
The Registrar will also determine -
- the amount to be paid into court for the due prosecution of the appeal and;
- determine the amount, if any, for security for cost
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- What are the two (2) main pieces of legislation governing the Court of Appeal?
- The Court of Appeal Act, ch. 52 and the Court of Appeal Rules, ch. 52
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- How can a dis-satisfied party appeal a decision of the Court of Appeal?
- By appealing to the Privy Council
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- How do you address a justice of appeal in court?
- Your Lordship.
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- What is the time frame for filing a Notice of Appeal in a criminal matter?
- Twenty one (21) days from the date of the judgment
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- What kind of information can be accessed on the Court’s Website?
- General information on the court, including the role, history and jurisdiction of the court, the court’s monthly Cause List, Recent & Past Judgments, Press Releases
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- Why is the money deposited or the preparation of a bond required in civil matters?
- To secure sums for the due prosecution of the appeal, of which failing to prosecute would amount to be a forfeiture of the sums.
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- What is the function of the clerk of the list?
- Listing the matters for hearings for the court.
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- What is the time frame for filing an application for leave to appeal to the Privy Council?
- The time frame for filing an application for leave to appeal to the Privy Council is twenty one (21) days
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- What is meant by Conditional Leave and Final Leave to Appeal?
- Conditional Leave is when the court may grant leave on the condition that;
- The appellant, within ninety (90) days from the date of the hearing of the application for leave to appeal, entering into good and sufficient security to the satisfaction of the Court in a sum not exceeding $2,861.00 for due prosecution of the appeal and the payment of costs in the event of not obtaining final leave or of the appeal being dismissed for non-prosecution or for being ordered to pay costs of the appeal and
- Upon such conditions (if any) as to the time within which the appellant shall take the necessary steps for procuring the preparation of the record and the dispatch thereof to England.
Final leave is where the court, upon satisfaction of the condition being met grants final leave to appeal to the Privy Council
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- Who is the head of the Judiciary?
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The Chief Justice
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- What is the name of the Chief Justice of The Bahamas?
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The Hon. Sir Burton Hall
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- Does the Chief Justice sit in the Court of Appeal?
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Yes
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- In what circumstances can the Chief Justice sit in the Court of Appeal?
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The Chief Justice can sit in the Court of Appeal by an invitation of the President of the Court of Appeal.
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- When was the President appointed to the Court of Appeal?
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September 5th, 2001.
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- What is a Registrar?
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It is a judicial officer and administrative head of the court.
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- What are the responsibilities of a bailiff?
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The responsibilities of the bailiff are to keep law and order and to enforce the rules of the court.
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