Magistrates' Courts Rules 1971

PURSUANT to the Magistrates' Courts Act 1969, the Head of State, acting on the advice of the Prime Minister, and with the concurrence of the Rules Committee constituted by and under section 40 of the judicature Ordinance 1961, hereby makes the following rules.

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3. Commencement of actions
4. Classes Of action
5. When ordinary action maybe brought
6. When default action may be brought
7. Pleadings
8. Further particulars
9. Amendment of statement of claim, etc.

14. Misjoinder
11. Representative proceedings
12. Order joining parties
13. Adding plaintiff
14. Infants, and persons of unsound mind

15. Confession, defence, and counter-claim in default action
l6. Judgment by default
17. Judgment on confession
18. Payment or confession of part of claim
19. Payment into Court in ordinary action

22. Where neither party appears
23. Where plaintiff does not appear
24. Where defendant does not appear
25. Judgment by Registrar

27. Exercise of Powers of Court
28. Powers of the Registrar
29. Procedure in matters not provided for
30. Fees
31. Costs

2. Commencement - These rules shall come into force on the day on which they are made, and shall apply to, -

(b) Any steps taken on or after that day in respect of any proceedings commenced before that day.

3. Commencement of actions - Every action shall be commenced by filing with a Registrar of the Court a statement of claim intituled "In the Magistrates' Court of Western Samoa", setting forth the names and descriptions of the plaintiff and defendant, the nature of the cause of action, and the relief claimed.
Cf. S.R. 1959/18, r. 9 (N.Z.)

(a) An ordinary action, in which, subject to these rules, the defendant is required to attend to answer the plaintiff's claim; or

(b) A default action, in which, subject to these rules, the plaintiff may have judgment entered at once if the defendant does not pay or dispute the plaintiff's claim or any part thereof or counterclaim within 7 days after the service of the summons on the defendant, inclusive of the day of service.
Cf. S.R. 1948/197, r. 71 (N.Z.); S.R. 1952/242, rr. 9, 10 (N.Z); S.R. 1959/18, r. 10 (N.Z.)

5. When ordinary action may be brought - An ordinary action may be brought against any person in respect of any cause of action.
Cf. S.R. 1959/18, r. l1 (N.Z.)

6. When default action may be brought - (1) In this rule the term "money-lender" includes every person (whether an individual, a firm, a society or a corporate body) whose business is that of moneylending, or who advertises or announces himself or holds himself out in any way as carrying on that business; but does not include any person bona fide carrying on the business of banking or insurance or any business in the course of which and for the purposes whereof he lends money at a rate of interest (including any payment or deduction by way of premium, fine or forfeiture) not exceeding 10 percent per annum.

(2) A default action may, subject to subclause (3) of this rule, be brought to recover any debt or liquidated demand.

(b) Against a mentally defective person in respect of whom there is in force an order of medical custody made under the Mental Health Ordinance 1961; or

(d) To recover money lent by a moneylender, or to enforce any agreement made with, or security taken by, a moneylender; or

(f) To recover any interest payable pursuant to any instrument, if the rate of interest payable thereunder exceeds 10 percent per annum.

(4) Where a default action is brought to recover any interest payable pursuant to any instrument, there shall be included in the statement of claim a statement that the interest claimed is payable pursuant to a specified instrument and that the true rate of interest payable thereunder does not exceed 10 percent per annum; and the statement of claim shall be signed by the plaintiff or his solicitor.
Cf. S.R. 1948/197, r. 73 (N.Z.); S.R. 1952/242, r. 5 (N.Z.); S.R. 1956/81, r. 5 (N.Z.); S.R. 1959/18, r. 12 (N.Z.); 1908, No. 121, s. 2 (N.Z.)

7. Pleadings - (1) No pleadings other than the statement of claim shall be required in any action where the amount involved does not exceed the sum of $100.

(2) Where the amount involved exceeds the sum of $100, the plaintiff may, on filing his statement of claim, apply ex parte for an order directing the defendant to file a defence to the claim within such time as shall be stated in the order. Such an order shall be made by the Registrar as of right without the necessity of reference to a Magistrate of the Court. A sealed copy of the order, together with a sealed copy of the summons and the statement of claim, shall be served on the defendant.

(3) The Court may of its own motion at any time and in any action require the defendant to file a statement of defence.
Cf. S.R. 1959/18, r. 15 (N.Z.)

8. Further particulars - (1) The Court may require a plaintiff at or before the trial of the action to file a fuller and more explicit statement of his claim, and may stay further proceedings in the action until this has been done.

(2) This rule shall, with the necessary modifications, apply to a statement of defence or a counterclaim as it applies to a statement of claim.
Cf. S.R. 1948/197, r. 83 (N.Z.); S.R. 1959/18, r. 16 (N.Z.)

9. Amendment of statement of claim, etc. - A plaintiff may amend his statement of claim, and a defendant may amend his statement of defence or counterclaim, at any time before or during the trial with leave of the Court on such terms as the Court thinks fit.
Cf. S.R. 1948/197, r. 167 (N.Z.); S.R. 1959/18, r. 17 (N.Z.)

10. Misjoinder - No action shall be deemed improperly constituted because of the joinder of plaintiffs or defendants or of different causes of action; but the Court may, in any case in which such joinder is considered embarrassing or otherwise inexpedient, order any party or cause of action to be struck out.
Cf. S.R. 1948/197, r. 46 (N.Z.); S.R. 1959/18, r. 30 (N.Z.)

11. Representative proceedings - Where there are numerous persons having the same interest in an action, one or more of them may sue or be sued, or may be authorised by the Court to defend in the action, on behalf of or for the benefit of all persons so interested.
Cf. S.R. 1948/197, r. 47 (N.Z.); S.R. 1959/18, r. 31 (N.Z.)

12. Order joining parties - The Court may at any stage of the proceedings either upon or without the application of either party, and on such terms as appear to the Court to be just, order that the name of any party, whether a plaintiff or a defendant, improperly joined be struck out, and that the name of any person who ought to have been joined, or whose presence before the Court may be necessary to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the action, be added, whether as plaintiff or defendant.
Cf. S.R. 1948/197, rr. 40, 42 (N.Z.); S.R. 1959/18, r. 32 (N.Z.)

13. Adding plaintiff - No person shall be added as a plaintiff without his own consent.
Cf. S.R. 1959/18, r. 33, (N.Z.)

14. Infants, and persons of unsound mind - Infants and persons of unsound mind may sue and be sued by a guardian ad litem admitted for that purpose by the Court.
Cf. S.R. 1948/197, rr. 48, 49 (N.Z.); S.R. 1959/18, r. 34 (N.Z.)

15. Confession, defence, and counterclaim in default action - A defendant in a default action who admits his liability for the whole or part of the claim, or who disputes his liability for the whole or part of the claim, or who desires to set up a counterclaim, may, within 7 days after the service of the summons on him, inclusive of the day of service, file in the Court office a confession or notice of intention to defend, or a statement of that counterclaim, as the case may be.
Cf. S.R. 1959/18, r. 49 (N.Z.)

16. Judgment by default - (1) If the defendant in a default action does not within the time fixed by rule 15 of these rules file a counterclaim or a notice of intention to defend, or pay into Court or file a confession for the total amount of the claim and costs, a Magistrate or Fa'amasino Fesoasoani or the Registrar may, at the written request of the plaintiff, enter judgment against the defendant for the amount of the claim, or any part thereof, and costs:

Provided that if, after the said period of 7 days has elapsed and before judgment has been
entered, the defendant files in the Court office and serves on the plaintiff a notice of intention to defend, or a counterclaim, or files a confession in the Court office, judgment shall not be entered under this rule, but the procedure prescribed by rule 17 or rule 18 of these rules, whichever is applicable, shall be followed.

(2) Where 12 months have elapsed from the date of service, judgment shall not be entered against the defendant, except with the leave of the Court granted on the ex parte application of the plaintiff.
Cf. S.R. 1959/18, r. 50 (N.Z.)

17. Judgment on confession - Where the defendant in any action (whether an ordinary action or a default action) does not file a counterclaim, but before judgment is entered files a confession to the whole claim, a Magistrate or Fa'amasino Fesoasoani or the Registrar may, at the written request of the plaintiff, enter judgment on confession accordingly.
Cf. S.R. 1959/18, r. 51 (N.Z.)

18. Payment or confession of part of claim - (1) if before judgment is entered the defendant in any action (whether an ordinary action or a default action) pays into Court, or files in the Court office a confession for part of the claim and does not file a notice of intention to defend or a counterclaim, the plaintiff may either -

(a) Have judgment entered for the full amount of the claim or any part thereof under the provisions of rule 16 or rule 17 of these rules; or

(2) If, before judgment is entered, the defendant files in the Court office and serves on the plaintiff notice of intention to defend, or a counterclaim, or if the plaintiff requests that the action be set down for hearing, the Registrar shall fix a day for the hearing of the action and shall give not less than 7 days' notice in writing to the plaintiff and to the defendant and thereafter the action shall be continued in all respects as an ordinary action.
Cf. S.R. 1959/18, r. 52 (N.Z.)

19. Payment into Court in ordinary action - (1) If the claim in any ordinary action is for a sum of money, the defendant may, before trial of the action, pay into Court a sum of money by way of satisfaction, and give notice of the payment to the plaintiff.

(2) Any money paid into Court as aforesaid may be paid out to the plaintiff or his duly authorised agent, but the receipt thereof shall not affect the right of the plaintiff to proceed with the action for the recovery of any further sum claimed and not so paid into Court.

(3) The fact that money has been so paid into Court shall be taken into consideration in the award of costs as between the plaintiff and defendant.
Cf. S.R. 1959/18, r. 53 (N.Z.)

20. Discontinuance - (1) The plaintiff may, at any time before trial, discontinue his action, either wholly or as to any cause of action, by filing in the Court a memorandum of discontinuance.

(3) On any such discontinuance the Court may award to the defendant such costs of the action as it thinks fit.
Cf. S.R. 1948/197, r. 182 (N.Z.); S.R. 1959/18, r. 54 (N.Z.)

21. Discontinuance not to bar subsequent proceedings - The discontinuance of an action shall not be a defence to any subsequent action on the cause of action discontinued, provided the costs of the previous action so awarded have been paid.
Cf. S.R. 1948/197, r. 182 (N.Z.); S.R. 1959/18, r. 55 (N.Z.)

22. Where neither party appears - If neither party appears at the hearing of an action or matter, the proceedings may be struck out.
Cf. S.R. 1948/197, r. 200 (N.Z.)

23. Where plaintiff does not appear - (1) If the plaintiff does not appear at the hearing of an action or matter but the defendant does, then -

(a) If the defendant admits the claim the Magistrate or Fa'amasino Fesoasoani may give judgment as if the plaintiff had appeared;

(b) If the defendant does not admit the claim, the proceedings maybe struck out, and in such case the Court may adjudge to the defendant by way of costs such sum as the Court thinks fit.

(2) Where the plaintiff does not appear at the hearing of an action or matter, but the Court has received from him an affidavit which is admissible in evidence by virtue of any Act or rule, the proceedings shall not be struck out but the plaintiff shall be deemed to have appeared at the hearing and to have tendered the evidence in the affidavit.
Cf. S.R. 1948/197, r. 201 (N.Z.)

24. Where defendant does not appear - (1) If the plaintiff appears at the hearing of an action or matter but the defendant does not appear, the Magistrate or Fa'amasino Fesoasoani, upon proof of service and of facts entitling the plaintiff to relief, may give such judgment or make such order as may be just:

Provided that where a claim is for a liquidated demand the Magistrate or Fa'amasino Fesoasoani may give judgment for the plaintiff without requiring him to give any evidence of his claim.

(2) If the defendant, not having delivered a confession, has addressed to the Court any letter admitting the claim, the Magistrate or Fa'amasino Fesoasoani may treat the letter as a consent to judgment, and may enter judgment accordingly.
Cf. S.R. 1948/197, r. 202 (N.Z.)

25. Judgment by Registrar - (1) Where in an action for a liquidated sum of money the defendant does not appear, or where the defendant appears and admits the claim or part thereof, the Registrar shall have power on the application of the plaintiff to enter judgment accordingly.

(2) In any action claiming other relief in addition to the payment of a sum of money, the last preceding subclause of this rule shall not apply unless the claim for other relief is first abandoned.

(3) Where the parties consent to judgment, the Registrar may at any time enter judgment by consent.
Cf. S.R. 1948/197, r. 209 (N.Z.)

26. Arrest of absconding debtors - (1) Where in any action in the Magistrates' Court for the recovery of any debt, damages, or other sum of money for the sum of $20 or upwards the plaintiff proves to the satisfaction of the Court at any time before final judgment that -

(b) There is probable cause for believing that the defendant is about to leave Western Samoa and evade payment of such sum; and

(c) The absence of the defendant from Western Samoa will materially prejudice the plaintiff in the prosecution of his action, -

the Court may order the defendant to be arrested and imprisoned for a period not exceeding 3 months unless and until he sooner gives security to the satisfaction of the Court that he will not leave Western Samoa without the prior leave of the Court.

(2) Application for a writ of arrest under this rule shall be supported by affidavit and shall be made to the Magistrate.

(3) The person arresting the defendant pursuant to a writ of arrest under this rule shall at the time of arrest deliver to the defendant a written notice notifying the defendant that upon the deposit by him with the officer executing the writ or with the Registrar of the Court of such sum to be specified in the notice, and being the amount claimed by the plaintiff and costs, that the defendant will be discharged from custody, and the said sum will be paid, applied, and disposed of according to the final judgment of the Court.
Cf. S.R. 1959/18, r. 117 (N.Z.); Code of Civil Procedure, r. 385A (N.Z.)

27. Exercise of powers of Court - Where power to do any act or exercise any jurisdiction or discretion is conferred by the Magistrates' Courts Act 1969 or by any provision in these rules on the Court, then -

(a) If the power is to be exercised at the hearing of any proceedings, it may be exercised by the Magistrate or Fa'amasino Fesoasoani;

(b) If the power is to be exercised at any other stage of the proceedings, it may be exercised by the Magistrate or by a Fa'amasino Fesoasoani or by the Registrar.
Cf. S.R. 1948/197, r. 332 (N.Z.)

28. Powers of the Registrar - (1) Where the Registrar is authorised under any Act or under these rules to hear and determine any proceedings or to exercise any other jurisdiction, he shall, within the limits of that authority and subject to any right of appeal to or review by the Magistrate under the Magistrates' Courts Act 1969 or these rules, have all the powers of the Magistrate, and any order made by the Registrar shall have the same effect, and be enforceable in the same manner, as if it were an order of the Magistrate.

(2) Nothing in this rule shall authorise the Registrar to commit any person to prison or to enforce any order by committal.

(3) Any order made by a Magistrate or by a Fa'amasino Fesoasoani may be signed by the Registrar, in his own name and description, and authenticated with the seal of the Court.
Cf. S.R. 1948/197, r. 333 (N.Z.)

29. Procedure in matters not provided for - If any case arises for which no form of procedure has been provided by the Magistrates' Courts Act 1969, or the Samoa Act 1921 (N.Z.) or these rules, the Court shall dispose of the case as nearly as may be practicable in accordance with the provisions of those Acts or these rules affecting any similar case or in accordance with the provisions of the Magistrates' Courts Rules 1948 (N.Z.) for the time being in force in that country affecting any similar case, and, if there is no such provision, then in such manner as the Court deems best calculated to promote the ends of justice.
Cf. S.R. 1959/18, r. 171 (N.Z.)

The Parts of the Samoa Act 1921 (N.Z.) dealing with forms of procedure no longer apply to Western Samoa.

30. Fees - Fees under the Magistrates' Courts Act 1969 (hereinafter called "the Act"), whether for civil or criminal proceedings, shall be payable, as provided in Part VI of the Act, according to the scale of fees set out in the First Schedule hereto.

31. Costs - (1) Costs when allowed shall be regulated and paid according to the scale of costs set out in the Second Schedule hereto, but the Court may, in giving a judgment or making any order, fix a sum or sums as the costs of the action or of the application, as the case may be, in full of all costs, notwithstanding that such sum is greater or smaller than the sum set out in the said scale.

(2) In case of there being any doubt as to what costs should be allowed pursuant to the said scale in any particular matter arising in the course of any proceedings the Court, in its discretion, having regard to the said scale, shall fix such sum for costs to be paid by any party as it thinks fit.
Cf. Code of Civil Procedure, r. 568 (N.Z.)

SCALE OF COURT FEES PAYABLE TO THE REGISTRAR OF A
MAGISTRATE’S COURT IN CIVIL AND CRIMINAL PROCEEDINGS

		Amount not exceeding $10	Amount not exceeding $20	Amount not exceeding $40	Amount not exceeding $100	Amount not exceeding $500	Amount exceeding $500
	$	$	$	$	$	$	$
1. Filing, in respect of a claim for a sum of money only: (a) statement of Claim; or (b) Counterclaim; or (c) Interpleader summons...............		1.50	2.00	3.00	4.00	7.00	8.00
2. Filing any document mentioned in item 1, where the claim is not for money............	2.50
3. Filing originating application not specially provided for......................	2.50
4. Filing application for charging order including hearing and sealing order.........		1.50	2.00	2.50	3.00	4.00	5.00
5. Sealing and issue of writ of arrest.........				2.50	3.00	4.00	5.00
6. Sealing and issue of writ of sale or order to collect sum of money...		1.50	2.00	2.50	3.00	4.00	5.00
7. Filing (on amount owing under judgment): (a) Application for warrant of distress; or (b) Affidavit in support of garnishee summons		1.50	2.00	3.00	3.50	4.00	5.00
8. Sealing and issue of any warrant or writ not specially provided for.......................	2.50
9. On any application for rehearing any civil action including order, rehearing and judgment; the same fee as paid in respect of the original proceedings

Note-Where a claim for a sum of money is combined with a claim that is not of money, whether on the alternative or not, the fee payable shall be under Item 1 or Item 2, whichever is the higher, or as the case may require, under Item 6 of Item 7, or Item 8, whichever is the highest.

10. Filing application for extraordinary remedy or any other matter not specially provided for, including hearing and sealing order ............	5.00
11. Filing any application for rehearing in criminal proceedings .......	5.00
12. Filing affidavit in support of any of the applications specially provided for ........................................................................................	0.50
13. Affixing the seal of the Court to any document other than a Court document .............................................................................................	0.50
14. Stating case for Supreme Court (except when stated by the Court on its own motion) ..............................................................................	4.00
15. (a) Original copy of any document or notes of evidence per folio of 72 words ........................................................................................ (b) Duplicate copy of any document or notes of evidence per folio of 72 words .............................................................................................	0.10 0.50
16. Issue of certificate of judgment or Order.....................................	5.00
17. Search of each Court Book or of one or more documents in the same matter .......................................................................................	0.50
18. General search in Court Books or documents in 2 or more matters	1.00
19. For execution of any warrant of distress or order to collect a sum of money ...........................................................................................	0.50
20. (a) For expenses of execution of any writ of sale or any other writ (b) For storage, cartage, and removal of goods or advertising for goods for sale .................................................................................................. (c) For each man left in possession of any premises..................... (d) For drawing inventory................................................... (e) If inventory exceeds 3 folios, for every folio after the third........ (f) For drawing or settling any conditions of sale...................... (g) For drawing advertisement for sale...............................................	The actual expenses incurred by the bailiff or constable Actual and reasonable disbursements The amount actually paid, but not exceeding $4.00 a day or portion of a day 2.00 0.20 7.00 1.50
21. Auctioneer's or Registrar's commission: For every sale by auction under execution or other process against any goods or estate...........	5 percent
22. Executing transfer or conveyance ..............................................	5.00
23. (a) Filing any application for leave to appeal to Supreme Court... (b) Sealing Order granting leave .......................................................... (c) Filing Order of Supreme Court....................................................... (d) Filing application for dismissal of appeal for non-prosecution..... (e) Sealing Order dismissing appeal for non-prosecution ................... (f) Settling case on appeal ..................................................................	4.00 2.00 3.00 2.00 3.00 5.00
24. (a) Filing notice of motion for probate or letters of administration pursuant to section 32 of the Magistrates' Courts Act 1969 ................ (b) Sealing such probate or letters of administration - the same fees payable in the Supreme Court	3.00
25. (a) On reference at the request of an elector or voter of a claim or objection under section 23, 26 or 27 of the Electoral Act 1963............ (b) Filing any application under section 81 of the Electoral Act 1963.	2.00 10.00
26. Appointment for taxation (on each bill of costs), or for examination of witnesses...................................................................	2.00
27. Taxation on each bill of costs......................................................	2.00
28. Attendance before Registrar in inquiry or reference, or examination of witnesses by Registrar under order of Court For the first day or part thereof......................................................... For each subsequent day or part thereof ................................	5.00 2.50
29. Certificate or report of Registrar ...............................................	5.00
30. Proceedings under the Samoa Maintenance and Affiliation Act 1967 .................................................................................................	No fee
31. Filing information......................................................	2.00
32. Hearing any information ............................................................	1.00
33. Conviction or Order when drawn up in proper form...................	1.00
34. (a) Issue of every warrant of commitment for default in payment of fine .................................................................................................... (b) Execution of every such warrant ................................................	1.50 0.50
35. Recognisance, with or without sureties ......................................	1.00
36. For every enlargement or renewal of a recognisance.................	1.00
37. Application by a disqualified person for removal of disqualification under the Road Traffic Ordinance, to include all documents filed, hearing, and order (if any) ....................................	5.00

NOTE - The fees, under Items 31 and 32 are not to betaken in proceedings for offences punishable otherwise than by a fine in the first instance. Where an information is laid by a Constable, the fees shall not be pre-paid but the Court upon a conviction may order payment of same by the Defendant in addition to any other penalty. On a private prosecution the Court may order the payment by one party to the other of all fees of Court paid by him.

	Amount not exceeding $20	Amount not exceeding $40	Amount not exceeding $100	Amount not exceeding $500	Amount exceeding $500
	$	$	$	$	$
1. Preparing statements of claim (or counterclaim), in action which can be brought as a default action	0.50	1.00	2.00	3.00	4.00
2. Preparing statement of claim (or counterclaim) in action which cannot be brought as a default action..............................	1.00	2.00	4.00	6.00	8.00
3. Preparing statement of defence where statement ordered by the Court, or where costs allowed....	1.00	2.00	4.00	6.00	8.00
4. Entering judgement in default action or in ordinary action where no witness is called.............	0.50	1.00	2.00	3.00	4.00
5. Appearance in undefended case to obtain judgement where a witness is called.................	2.00	3.00	4.00	2 1∕2 percent, with minimum of $4.00
6. Appearance in Court to conduct defended action..................	4.00	6.00	8.00	5 percent, with minimum of 8.00
7. Second and each subsequent day of hearing, if certified for, not exceeding ........................	2.00	4.00	6.00	10.50	15.00
8. Preparing for trial and entering judgement (if entered) in case in which claim or defence is not proceeded with...................	1.00 2.00	1.00 4.00	2.00 6.00	Minimum of $2.00; maximum of $10.50; Where claim is $500 or less; maximum of 2 1∕2 percent of amount of claim where claim exceeds $500
B. In Proceedings where there is a Claim other than for a Sum of Money
$
9. Preparing statement of claim (or counterclaim) or originating application...............................................................				Not exceeding 8.00
10. Preparing statement of defence where statement ordered by the Court, or where costs allowed........................................				Not exceeding 8.00
11. Appearance in an undefended action or an un-contested originating application................................................				2.00 to 15.00
12. Appearance at the hearing of a defended action or contested originating application................................................				2.00 to 50.00
13. Second and each subsequent day, if certified for.............				2.00 to 15.00
C. In all Proceedings
14. Issuing garnishee proceedings....................................				1.00
15. Appearance to obtain an order on garnishee proceedings, where sub-debtor does not dispute the debt: Not exceeding $500........................................... Over $500......................................................				1.00 4.00
16. Appearance in any interlocutory proceedings (other than garnishee proceedings), including the taking of evidence, or inquiries before the Registrar.........................................				4.00
17. Appearance in new trials and rehearings, two-thirds of the rates in respect of the original proceedings.
18. The foregoing costs are to be calculated on the amount recovered for the plaintiff if he succeeds, and on the amount claimed in the action if the claimed, either alone or in addition to a sum of money, the Court on giving judgment shall fix under that head costs shall be allowed. If judgment is entered before trial, without application to the Court, the Registrar shall fix the head.

Samoa Court Rules

Magistrates' Courts Rules 1971