Ondo State High Court (Civil Procedure) Rules, 2011

1. (1) These Rules shall apply to all causes and matters filed before or after the commencement date of these Rules but are yet to proceed to trial. Provided where a matter is part heard only by reason of the claimant having opened his case and there are more than two witnesses to be called by him before closing his case and the defence, the court may except there is good reason to the contrary, order the parties to frontload the remaining witnesses' statements on oath and the documents to be relied on at the trial and make application for subpoena as under Order 3, where necessary and the matter shall continue to be heard as if filed under this rule.

(2) These Rules shall be interpreted in accordance with the Interpretation law, Cap 68 Laws of Ondo State 1978 and any re-enactment thereof or 2006 amendment thereto.

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

"Attorney-General" means Attorney-General of Ondo State

"claimant" shall include a claimant in a counterclaim;

"Court" means the High Court of Ondo State;

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

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

"defendant" shall include defendant to a counter claim and respondent to an originating summons;

"guardian" means any person who for the time being is in 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;