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In such case Magistrates' Courts rule 12(1)(b) and High Court rule 31(5)(a) require that the plaintiff afford the defendant a chance to do so by delivering a notice calling on the defendant to file his plea; otherwise he will be barred. This document is called a notice of bar.
Rule 46 provides that formal "exceptions" to court rulings are no longer necessary so long as a sufficient record is made of the objecting party's position. The next several rules govern jury trials. Rule 47 provides for the selection of jurors and rule 48 governs the number of jurors in a civil case. A civil jury must consist of between six ...
A magistrates' court may set aside and vary decisions of its own court, in relation both to sentence and conviction. In relation to conviction, a magistrates' court may order a rehearing of a case against a person convicted by that magistrates' court. [1] The court may exercise the power when it appears to be in the interests of justice to do ...
Their actions are subject to review and either approval, modification or reversal by judges of their court. The exception is mayor's court magistrates. Upon the timely notice of appeal from a conviction in a Mayor's Court, the proceeding before either the county or municipal court of the county in which the community is located is de novo.
The Magistrates' Courts Act (Northern Ireland) 1964 (c. 21 (N.I.)). Magistrates' Courts Order. An Order in Council with this title has been passed. The change in nomenclature is due to the demise of the Parliament of Northern Ireland and the imposition of direct rule.
[1] The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980. All criminal proceedings start at a magistrates' court. Summary offences are lesser crimes (for example, public order offences and most driving matters) that can be punished under the magistrates' courts maximum sentencing ...
If a federal court finds that the notice of removal was in fact defective, or that the federal court does not have jurisdiction, the case is remanded to the state court. A defendant used to have to formally petition the federal court for the right to remove, and jurisdiction was not transferred until the federal court entered a formal order to ...
The Magistrates Court of South Australia is the lowest level court in the state of South Australia. The Magistrates Court, then known as the Court of Petty Sessions, was established in 1837, by the Court of Sessions Act 1837. [1] It has both original and appellate jurisdiction and hears matters specified in the Magistrates Court Act 1991 (SA). [2]