District Court Civil Procedure (General) (Use of Language) Rules
(Enacting provision omitted—E.R. 7 of 2020)
[16 February 1996] L.N. 107 of 1996
(Format changes—E.R. 7 of 2020)
(Omitted as spent—E.R. 7 of 2020)
A judge may use either or both of the official languages in any proceedings or a part of any proceedings before him as he considers appropriate for the just and expeditious disposal of the proceedings before him.
The decision of the judge under subrule (1) is final.
A party to or a witness in any proceedings or a part of any proceedings before the court may—
use either or both of the official languages; and
address the court or testify in any language.
A legal representative in any proceedings or a part of any proceedings before the court may use either or both of the official languages.
Documents prepared for use by the court in any proceedings may be in either official language.
A party may file any document to be served on another party or person in either official language.
A party served with a document in an official language with which he is not familiar may within 3 days of being served request in writing the party serving the document to provide a translation of the document into the other official language. The party receiving the request shall indicate in writing within 3 days of receiving the request whether he will provide the translation or not.
A party who agrees to provide a translation shall do so as soon as practicable.
A party whose request is refused may apply to the court for an order that the party serving the document shall provide the other party with a translation of it. The court may order the party serving the document to provide a translation of it if the court is satisfied that the request is reasonable. The court may further order that the time for compliance with any rule or order requiring the taking of any step in proceedings within a particular period will not start to run until the translation is received by the applicant.
The time for compliance with any rule or order requiring the taking of any step in proceedings within a particular period starts to run if a request in writing is served under subrule (7)—
only after the receipt of the refusal to give a translation;
only after the receipt of the translation; or
as may be ordered by the court under subrule (9).
A party applying for an order from the court shall supply the minute for the order in the language in which the order is to be made and shall produce a certified translation of the order in the other official language if the court directs that the other version is necessary or appropriate.
The costs of and incidental to providing a translation under this rule are costs in the cause of the proceedings unless the court otherwise directs.
The official record of proceedings shall be kept in the official language or official languages as the judge hearing the proceedings may direct.
The transcript of proceedings for appeal purposes shall be prepared in the official language or official languages that the appeal court directs.