Rivers State High Court (Civil Procedure) Rules, 2023

Application

(1) These Rules shall apply to all proceedings including all part-heard causes and matters in the High Court of Rivers State.

(2) In respect of causes and matters already pending, the rules shall apply to every further step to be taken in respect of the causes and matters.

OVERRIDING OBJECTIVE

(3) Application of these Rules shall be directed toward the achievement of a just, efficient and speedy dispensation of justice and to this end:
(4) The overriding objectives of these rules are to:
(a) deal with every civil proceeding in ways that are proportionate, considering the nature and importance of the case, complexity of the issues, the amount of money involved and the financial position of each party.
b) allot to every civil proceeding an appropriate share of the Courts resources, while taking into account the need to allot resources to other cases.

(5) The Court shall further the overriding objectives by actively managing cases and active case management includes:
(a) directing the parties to use Alternative Dispute Resolution (ADR) mechanism, where the Court considers it appropriate;
(b) assisting the parties to settle the whole or part of the case;
(c) fixing timetable or controlling the process of the case:
(d) giving directions to ensure that the trial of the case proceeds quickly and efficiently:
(e) requiring the Claimant and his Legal Practitioner to cooperate with the Court to further the overriding objective by complying with the requirements of the Pre-trial Protocol to wit:
(i) that he has made attempts at amicable resolution of the dispute through mediation. conciliation, arbitration or other dispute resolution options:
(ii) that the dispute resolution was unsuccessful and by the written memorandum to the Defendants, he set out his claim and options for settlement; and
(iii) that he has complied as far as practicable, with the duty of full and frank disclosure of all information relevant to the issues in

dispute.

(6) The Court will impose appropriate sanctions where a party does not comply with the Rules and Order of the Court.