Bayelsa State High Court Rules, 2010

1.-(1) These Rules may be cited as the Bayelsa State High Court Rules, 2010 and shall be deemed to have come into force on the 1st day of April, 2010.

(2) The High Court (Civil Procedure) Rules, 2006 of Bayelsa State are hereby repealed.

(3) Subject to any other laws or rules specifically made to govern certain proceedings, these Rules shall apply to all proceedings including all part-heard causes and matters in respect of steps to be further taken in such causes and matters.

(4) Application of these Rules shall be directed towards the achievement of a just, efficient and speedy dispensation of justice.

2.-(1) These Rules shall be interpreted in accordance with the Interpretation Law in force in Bayelsa State or any re-enactment thereof

(2) Where in these Rules depositions and affidavits are required to be made, such depositions or affidavits shall be made in accordance with the Evidence Act.

(3) In the construction of these Rules, unless there is anything in the subject or context repugnant thereto, the several words hereinafter mentioned or referred to shall have or include the following meanings:

"Claimant" shall include a claimant in a counter claim;

"Court" means the High Court of Bayelsa State;

"Court Process" or "Process" includes writ of summons, originating summons, originating process, notices, petitions, pleadings, orders, motions, affidavits, summons, warrants and all documents or written communication of which service is required;

"Decision" means any decision of a Court and includes judgment, ruling, decree, order, conviction, sentence or recommendation;

"Defendant" shall include a defendant to a counter claim;

"Guardian" means any person who has, for the time being, the charge of or control over a person under legal disability and includes a person appointed to institute or defend an action on behalf of any person under legal disability;