SC CIRCULAR NO. 10, May 22, 1987

SC CIRCULAR NO. 10, May 22, 1987

Circulars May 22, 1987
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ADMINISTRATIVE SUPERVISION OF COURTS

TO :
ALL JUDGES AND CLERKS OF COURT OF THE REGIONAL TRIAL.
COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES,
MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, SHARI’A DISTRICT
COURTS AND SHARI’A CIRCUIT COURTS
 
SUBJECT: Disposition of records of cases in matter of inhibition and/or request for change of venue of cases

It has come to the attention of the Court that Judges and Clerks
of Court, in the matter of inhibition and/or change of venue, continue
to transmit the records of such cases notwithstanding the guidelines
laid down by this Court in Circular No. 14, dated November 15, 1978.

The aforesaid Circular, with the aim to avoid the needless moving
of the records.in order to prevent the possibility of the records being
lost in transit, provides:

“I. In Courts of First Instance, Circuit Criminal Courts,
Juvenile and Domestic Relations Courts, Courts of Agrarian Relations and
City Courts
.-The order of inhibition and/or request for change of venue shall be forwarded to this Court for appropriate action without the record
of the cases concerned which shall be kept in their respective courts
to await the instruction and/or action of this Court thereon.

x x x
x x x
x x x

“II. In Municipal Circuit Courts. – The Municipal
Circuit Judges and/or Clerks of Court concerned shall forward the order
of inhibition to the Executive Judge who has administrative supervision
over his court for appropriate action pursuant to Administrative Order
No. 6, dated June 30, 1975.”

ACCORDINGLY, all judges and clerks of court, whether in single
sala or multiple salas are hereby directed to observe the following
guidelines in matters of inhibitions

  1. With respect to single sala courts, only the order of
    inhibition shall be forwarded to the Supreme Court for appropriate
    action, the records of the case shall be kept in the docket of the court concerned while awaiting the instruction and/or action of the Supreme Court thereon; and

  2. With respect to multiple sala courts, only the order of inhibition shall be forwarded to the Executive Judge for appropriate action. The records of the. case shall be kept in the docket of the court concerned while awaiting the instruction and/or action of the Executive Judge thereon.

Strict compliance is hereby enjoined.

May 22, 1987.

 

(Sgd.) CLAUDIO TEEHANKEE

 
Chief Justice