Page 1190 - IOM Law Society Rules Book

RULES OF THE HIGH COURT OF JUSTICE

must state that the detainee is unable to make the witness statement or affidavit himself and
for what reason.
(4) The application may be made without notice to any other party.
(5) If the court office is open, the application notice and witness statement or
affidavit must be filed, and the court office must forthwith refer them to a Deemster.
(6) In case of emergency, if the court office is closed the application may be
made to a Deemster.

13.75 Power of court where application made without notice (RSC 54.2)
(1) Where an application under rule 13.74 is made without notice being served
on any other party, the court may —
(a) forthwith make an order to produce,
(b) where the application is made to a Deemster otherwise than in court, direct
that an application for an order to produce be made to the court by claim
form;
(c) where the application is made to a Deemster in court, adjourn the application
so that notice thereof may be given, or direct that an application be made to
the court by claim form.
(2) The claim form must be served on the defendant and on such other persons as
the court or Deemster may direct, and, unless the court otherwise directs, there must be at
least 5 clear days between the service of the claim form and the date named therein for the
hearing of the application.

13.76 Copies of witness statements or affidavits to be supplied (RSC 54.3)
Every party to an application under rule 13.74 must supply to every other party copies
of the witness statements or affidavits which he proposes to use at the hearing of the
application.

13.77 Directions as to hearing etc. (RSC 54.5)
An order to produce shall include —
(a) a notice of the time and place of a hearing of the matter, and
(b) a direction requiring the defendant to file, not later than 3 days before the
date of the hearing, a statement showing all the causes of the detention of the
detainee, and
(c) a direction requiring the defendant to bring the detainee to the hearing and to
show cause why he should not be released from detention.

13.78 Service of order (RSC 54.6)
(1) Subject to paragraphs (2) and (3), an order under rule 13.74 must be served
personally on the person to whom it is directed.
(2) If it is not possible to serve the order personally, or if it is directed to a
governor of an institution or other public official, it must be served by leaving it with an
employee or agent of the person to whom the order is directed, or a member of the staff of the
institution or official, at the place where the detainee is detained.
(3) There must be served with the order a notice stating that in default of
obedience proceedings for committal of the party disobeying will be taken.

13.79 Power to order release of detainee (RSC 54.4)
(1) Without prejudice to rule 13.75(1), the court hearing an application under
rule 13.74 may in its discretion order that the detainee be released.

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