Judicature (Supreme Court) Rules

Section Citation Section These Rules may be cited as the Judicature (Supreme Court) Rules.

Section Numbering of applications and appeals Section Every application to the court other than an application made informally in the course of the hearing shall, whether lodged before or after the institution of an appeal , be given a serial number; and for that purpose, there shall be maintained in the registry the following three series of numbers for each calendar year— one for criminal applications; one for civil applications; and one for constitutional applications. Every criminal appeal shall be given a serial number in the registry , which number shall be allotted as soon as the notice of appeal is received; and for that purpose, a series of numbers shall be maintained for each calendar year. Every civil appeal shall be given a serial number in the registry , which number shall be allotted as soon as the memorandum of appeal is received; and for that purpose, a series of numbers shall be maintained for each calendar year. Every constitutional appeal shall be given a serial number in the registry , which number shall be allotted as soon as the memorandum of appeal is received; and for that purpose a series of numbers shall be maintained for each calendar year.

Section Endorsement of documents lodged Section Whenever any document is lodged in the registry or the registry of the Court of Appeal under or in accordance with rule 10 of these Rules, the registrar or deputy registrar or registrar of the Court of Appeal , as the case may be, shall immediately cause it to be endorsed showing the date and time when it was lodged.

Section Registrar's discretion regarding place of lodging documents Section Notwithstanding any provision of these Rules appointing a registry as the place where any document is to be lodged, the registrar may, in any particular case, permit the lodging of any document in the registry of the Court of Appeal . An application for permission under this rule may be made informally, but shall be in writing. The registrar of the Court of Appeal receiving a document lodged under this rule shall immediately send it to the registry , at the expense of the applicant except where the document lodged is one which, if lodged in the registry , would have been required by these Rules to be sent to the registrar .

Section Acceptance of documents lodged out of time Section The registrar or the registrar of the Court of Appeal , as the case may be, shall not refuse to accept any document on the ground that it is lodged out of time but shall mark the document with the words “lodged out of time” and inform the person lodging it accordingly. When a document is accepted out of time by the registrar of the Court of Appeal , he or she shall inform the registrar .

Section Requirements as to size and production of documents, binding of records and pagination, and number of copies Section The number of copies of documents required to be lodged in the registry in the following matters shall be— Unless the nature of the document renders it impracticable, every document prepared for use in the court shall be on A4 or foolscap paper of durable quality; and only one side of the paper shall be used, and a margin of not less than 3.8 centimetres shall be left on the left side of the sheet. All documents prepared for use in the court shall be clear and easily legible and may be produced by printing, type lithography, stencil duplicating, photography, xerography, typewriting or writing or any combination of them. In every criminal appeal , the record of appeal , and, in every civil and constitutional appeal , the memorandum of appeal , together with the record of appeal , shall be bound in book form with a cover of stout paper and may be in more volumes than one, and the title of the appeal shall appear on the cover. The pages of every application and, in criminal appeals, of the record of appeal , and, in civil appeals, of the memorandum and record of...

Section Power of the registrar to reject documents Section The registrar , or the registrar of the Court of Appeal , as the case may be, may refuse to accept any document which does not comply with the requirements of rule 14 of these Rules. Subject to rules 107 and 109 of these Rules, the registrar , or the registrar of the Court of Appeal , as the case may be, shall refuse to accept any document tendered without the required fee, if any, or, in the case of the memorandum of appeal in a civil appeal , without the lodging of security for costs. If, as the result of an error, a document is accepted which ought to have been rejected under subrule (2) of this rule, the document shall be taken to have been duly lodged; but the person who lodged it shall, as soon as practicable after the error is discovered, pay the required fees or the balance of those fees or lodge the required security. Any person who is dissatisfied with a decision of the registrar , or the registrar of the Court of Appeal rejecting any document under the powers conferred upon this rule, may require the matter to be referred to a judge for his or her decision. An application under subrule (4) of this rule may be mad...

Section Signature of documents Section Any document may be signed on behalf of the person making it by any person entitled under rule 23 of these Rules to appear on his or her behalf. In or in relation to criminal appeals, a document may be signed on behalf of an appellant who is alleged to be of unsound mind by a person entitled under rule 23 of these Rules to appear on his or her behalf or by any person in whose care he or she is for the time being, including a medical officer, police officer or prison officer.

Section Form of amendments Section Where any person lodges an amended version of a document, he or she shall show clearly— Where any person obtains leave to amend any document, the document itself may be amended or, if it is more convenient, an amended version of the document may be lodged. any words or figures deleted from the original, by including those words or figures and striking them through with red ink, so that what was written remains legible; and any words or figures added to the original, by writing them in red ink or underlining them in red ink. Where any record of appeal includes any amended document, the amendments shall similarly be shown in each copy of the record of appeal .

Section Service and transmission of documents Section Where any document is required by these Rules to be served on any person, service may be effected in such a way as the court may, in any case, direct which shall normally be a way in which a comparable process of the High Court could be served; and in the absence of any special direction, it shall be made personally on the person to be served or any person entitled under rule 23 of these Rules to appear on his or her behalf. Where any document is required to be served on the appellant or on the respondent and two or more appellants or respondents, as the case may be, are represented by one advocate , it shall be sufficient if one copy of the document is served on that advocate . For the purpose of this rule, service on a partner or a clerk of an advocate at the office of the advocate shall be taken to be service on the advocate . Proof of service may be given where necessary, by affidavit, unless in any case, the court requires proof by oral evidence. In the case of a person in prison, a letter purporting to be signed by the officer in charge of the prison certifying that the document was delivered to the prisoner on a specified...

Section Change of address for service Section A person who has given an address for service may, at any time, change his or her address for service by lodging a notice of the change in the registry and serving copies of it on all persons who have been served with the previous address.

Section Application Section The practice and procedure of the court in connection with appeals and intended appeals from the Court of Appeal and the practice and procedure of the Court of Appeal in connection with appeals to the court shall be as set out in these Rules. Nothing in these Rules shall be taken to limit or otherwise affect the inherent power of the court , and the Court of Appeal , to make such orders as may be necessary for achieving the ends of justice or to prevent abuse of the process of any such court , and that power shall extend to setting aside judgments which have been proved null and void after they have been passed, and shall be exercised to prevent an abuse of the process of any court caused by delay. An appeal from the constitutional court to the court shall be heard as a civil appeal in accordance with these Rules.

Section Sittings of the court Section The sittings of the court and the matters to be disposed of at those sittings shall be determined by the Chief Justice and shall be advertised and notified in such manner as the Chief Justice may direct; but nothing in these Rules shall preclude the court from disposing of any business that has not been advertised or notified.

Section Vacations Section The vacations of the court and the arrangement of business during the vacations shall be determined by the Chief Justice, and those arrangements shall be advertised or notified in a manner directed by the Chief Justice. No business will be conducted during a vacation, unless the Chief Justice otherwise directs, except the delivery of judgments and orders, when the matter is shown to be one of urgency, the hearing of applications and the taxation of bills.

Section Place where appeals are to be heard Section Appeals and applications to the court shall be heard at Kampala.

Section Appearances Section Subject to rule 69 of these Rules, a party to any proceedings in the court may appear in person or by advocate . A corporation may appear either by advocate or by a director, manager or secretary of the corporation appointed by resolution under the seal of the corporation, a sealed copy of which resolution shall be lodged with the registrar . A person under disability may appear by advocate or by his or her committee, next friend or guardian ad litem , as the case may be. Where a person has acted as next friend or guardian ad litem in the Court of Appeal for a person under disability, and the person under disability becomes respondent in an appeal to the court , the next friend or guardian ad litem may, if he or she desires to act as such in the appeal , lodge a consent to act and shall thereupon be taken to be duly appointed. In any other case, the court may appoint a guardian ad litem for the purpose of an appeal . The court may, at any time, remove and replace any guardian ad litem however appointed.

Section Change of advocate, etc. Section Where a party to an application or appeal to the court changes his or her advocate or, having been represented by an advocate , decides to act in person or, having acted in person, engages an advocate , the party shall, as soon as practicable, lodge with the registrar notice of the change and shall serve a copy of the notice on the other party or on each other party appearing in person or separately represented, as the case may be.

Section Assignment of advocate Section In any criminal application or appeal , the Chief Justice or the presiding judge may, at any time, assign an advocate to represent an applicant or appellant if it appears desirable in the interests of justice. In any civil appeal involving a point of law of great public importance, if the Chief Justice is satisfied that any appellant or respondent lacks the means to employ an advocate , the Chief Justice may, with the consent of the appellant or respondent , as the case may be, assign an advocate to represent him or her, and may require the appellant , or respondent , as a condition of having an advocate assigned to him or her, to undertake to refund the fees and expenses of the advocate out of any money or property the appellant or respondent may recover in or in consequence of the appeal . The fees and the expenses of an advocate assigned under subrule (1) or (2) of this rule shall be defrayed out of the funds of the court . The registrar may take such action as he or she may think necessary to enforce any undertaking given in accordance with subrule (2) of this rule; and any sums of money so recovered shall be paid into the Consolidated Fun...

Section Right of audience of advocates Section The Attorney General and the Solicitor General shall have the right of audience before the court and shall, in that order, take precedence over all other advocates. Other legal officers of the Government shall have the right of audience before the court in all proceedings within the scope of their official duties. Every advocate who is for the time being entitled to practise before the High Court shall have the right of audience before the court . An advocate who has been struck off the roll of advocates or who is under suspension from practice shall have no right of audience in the court . Any other persons entitled to appear as counsel or advocate before any court of unlimited jurisdiction, if licensed to do so by the Chief Justice, and, subject to payment of the prescribed fee, shall have the right of audience before the court in respect of any one appeal , including any cross- appeal heard with it, or any two or more appeals consolidated for hearing.

Section List of authorities and copies of judgments to be referred to Section An advocate who intends at the hearing of any application or appeal to rely on the judgments in any reported cases or to quote from any books shall lodge with the registrar a list containing the titles of those cases with their citations and the names, authors and editions of those books and shall serve a copy of the list on the other party or on each other party appearing in person or separately represented, as the case may be. A supplementary list may, when necessary, be produced at the time of hearing. A supplementary list shall be lodged at least forty-eight hours before the application or appeal is due to be heard. Notwithstanding subrules (1), (2) and (3) of this rule, the registrar may require the advocate to produce certified or photostat copies of the judgment or passage in the book intended to be relied on; and the advocate shall comply with the requirement before the hearing of the application or appeal . An advocate who intends at the hearing of any application or appeal to rely on the judgment in any unreported case shall, at or before the hearing, produce a certified or photostat copy of the...

Section Order of addresses Section The court shall, at the hearing of an application or appeal , hear first the applicant or appellant , then the respondent and then the applicant or the appellant in reply. At the hearing of an appeal where notice of cross-appeal has been given, the court shall ordinarily hear the appellant first on the appeal , then the respondent on the appeal and on the cross- appeal , then the appellant in reply on the appeal and on the cross- appeal and finally the respondent in reply on the cross- appeal . The court may dismiss but shall not allow any preliminary objection, application, appeal or cross- appeal without calling the opposing party. After hearing the opposing party, the court may allow but shall not dismiss any preliminary objection, application, appeal or cross- appeal without giving the objector, applicant, appellant or cross- appellant an opportunity to reply. This rule shall apply where notice of grounds for affirming the decision has been given, in the same way in all respects as it applies where notice of cross-appeal has been given.

Section Appeals to be heard in court Section Every appeal shall be heard in court , to which all members of the public shall have access so far as the space in the court permits and so long as they conduct themselves in an orderly manner. In exceptional circumstances, the presiding judge may direct that the public be excluded, if satisfied that national security or the interests of justice so require.

Section Interpretation Section In these Rules, unless the context otherwise requires— “ advocate ” means a person who, under rule 26 of these Rules, has the right of audience before the court ; “ appeal ” in relation to appeals to the court includes an intended appeal; “ appellant ” includes an intended appellant; “ appellate jurisdiction ” in relation to the Court of Appeal includes the jurisdiction of that court as well as the original jurisdiction of any court from which an appeal emanates and, in the case of the High Court , includes matters of revision, review, reference, case stated and point of law reserved; “ Constitution ” means the Constitution of the Republic of Uganda, 1995; “ constitutional court ” means the Court of Appeal sitting as the constitutional court as constituted under article 137 of the Constitution ; “ court ” means the Supreme Court of Uganda established under article 129 of the Constitution , and includes any division of the court and a single judge exercising any power vested in him or her sitting alone; “ Court of Appeal ” means the Court of Appeal of Uganda established under article 129 of the Constitution ; “ High Court ” means the High Court of Ugan...

Section Power to reappraise evidence Section When an appeal emanates from a decision of the constitutional court — Where the Court of Appeal has reversed, affirmed or varied a decision of the High Court acting in its original jurisdiction, the court may decide matters of law or mixed law and fact, but shall not have discretion to take additional evidence. in the case of an appeal on a petition to the constitutional court , the court may appraise the evidence and decide matters of fact, or law, or mixed law and fact, and may in its discretion take additional evidence; and in the case of an appeal on a reference to the constitutional court , the court may decide the question of law or mixed law and fact submitted in the reference.

Section General power of the court Section On any appeal the court may, so far as its jurisdiction permits, confirm, reverse or vary the decision of the Court of Appeal with such directions as may be appropriate, or order the rehearing of the appeal before the Court of Appeal ; and as the justice of the case demands, the court may order a trial de novo in the court of first instance, including a constitutional matter, and may make any necessary, incidental or consequential orders, including orders as to costs.

Section Judgment Section Judgment or an order may be given at the close of the hearing of an appeal or an application or reserved for delivery on some future day which may be appointed at the hearing or subsequently notified to the parties. In a criminal application, other than an application heard by a single judge , and in criminal appeals, one order or judgment shall be given as the order or judgment of the court , but a judge who dissents shall not be required to sign the judgment; except that the presiding judge may, in any particular case, direct that separate orders or judgments be given. In a civil application, other than an application heard by a single judge , and in a civil appeal , including a constitutional appeal , a separate order or judgment shall be given by the members of the court , unless the decision being unanimous, the presiding judge otherwise directs. An order of the court on an application shall, where the application was heard in chambers, be delivered in chambers, or if heard in court , be delivered in court , and a judgment on an appeal shall be delivered in court ; except that the presiding judge may, in any particular case, direct that the decision of...

Section Decisions to be embodied in orders Section Every decision of the court , on an appeal or application, other than a decision on an application made informally in the course of a hearing, shall be embodied in an order. Every order referred to in subrule (1) of this rule shall be dated as of the date on which the decision was delivered and shall, in addition, show the date on which the order was extracted. An order on an appeal shall be substantially in Form I in the First Schedule to these Rules, and an order on an application shall be substantially in Form J in that Schedule.

Section Preparation of orders Section Where a decision of the court was given in an application or appeal of a civil nature— Where a decision of the court was given in an application or appeal in a criminal matter, the order shall be drawn up by the registrar who in drawing up the order shall not be required to consult the parties or their advocates. the party who has been substantially successful shall, as soon as practicable, prepare a draft of the order and shall submit it for the approval of the other parties; if all parties approve the draft, the order shall, unless the presiding judge otherwise directs, be in accordance with it; if the parties do not agree on the form of the order, or if there is unreasonable delay in the preparation or approval of a draft, the form of the order shall be settled by the presiding judge or by any judge who sat at the hearing as the presiding judge shall direct, after giving all the parties an opportunity of being heard; and if the parties are unable to agree which party was substantially successful, the registrar , on the application of either party, which application may be made informally, and after giving all parties an opportunity of being...

Section Correction of errors Section A clerical or arithmetical mistake in any judgment of the court or any error arising in it from an accidental slip or omission may, at any time, whether before or after the judgment has been embodied in an order, be corrected by the court , either of its own motion or on the application of any interested person so as to give effect to what was the intention of the court when judgment was given. An order of the court may at any time be corrected by the court , either of its own motion or on the application of any interested person, if it does not correspond with the order or judgment it purports to embody or, where the judgment has been corrected under subrule (1) of this rule, with the judgment as so corrected.

Section Notification of decisions Section The registrar shall send to the registrar of the Court of Appeal a sealed copy of the order embodying the decision of the court in any civil or criminal appeal . Where an appeal emanates from a court presided over by a chief magistrate or a magistrate grade I, the final decision of the court shall be sent by the registrar in the form of a sealed copy of the order embodying the final decision in any civil or criminal appeal to the court of first or second instance.

Section Signature and sealing of summonses, etc. Section Every summons, warrant, order, notice or other formal document issued by the court shall be signed by the judge or by the registrar and shall be sealed with the seal of the court .

Section Computation of time Section Any period of time fixed by these Rules or by any decision of the court for doing any act shall be reckoned in accordance with the following provisions— a period of days from the happening of an event or the doing of any act or thing shall be taken to be exclusive of the day on which the event happens or that act or thing is done; if the last day of the period is a Sunday or a public holiday (which days are in this rule referred to as excluded days), the period shall include the next following day, not being an excluded day; where any act or proceeding is directed or allowed to be done or taken on a certain day, then, if that day happens to be an excluded day, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards, not being an excluded day; where any act or proceeding is directed or allowed to be done or taken within any time not exceeding six days, excluded days shall not be reckoned in the computation of time; and unless the court otherwise directs, the period of the Christmas vacation shall not be reckoned in the computation of time.

Section Extension of time Section The court may, for sufficient reason, extend the time prescribed by these Rules or by any decision of the court or of the Court of Appeal for the doing of any act authorised or required by these Rules, whether before or after the expiration of that time and whether before or after the doing of the act; and any reference in these Rules to any such time shall be construed as a reference to the time as so extended.

Section Suspension of sentence, stay of execution, etc. Section Subject to subrule (1) of this rule, the institution of an appeal shall not operate to suspend any sentence or to stay execution, but the court may — No sentence of death or corporal punishment shall be carried out until the time for giving notice of appeal has expired or, where notice of appeal has been given, until the appeal has been determined. in any criminal proceedings, where notice of appeal has been given in accordance with rules 56 and 57 of these Rules, order that the appellant be released on bail or that the execution of any warrant of distress be suspended pending the determination of the appeal ; in any civil proceedings, where a notice of appeal has been lodged in accordance with rule 72 of these Rules, order a stay of execution, an injunction or stay of proceedings as the court may consider just.

Section Registry Section The registry of the court shall be situated at Kampala.

Section Hours for lodging documents Section The Chief Justice may, from time to time, direct during what hours the registry and the registry of the Court of Appeal shall be open for the receipt of documents lodged under these Rules.

Section Maintenance of registers Section The registrar shall maintain— a register of criminal applications, in which shall be entered particulars of every application lodged in the registry ; a register of civil applications, in which shall be entered particulars of every application lodged in the registry ; a register of criminal appeals, in which shall be entered particulars of every notice of appeal lodged in the registry and of any subsequent proceedings; a register of civil appeals, in which shall be entered particulars of every notice of appeal lodged in the registry and of any subsequent proceedings; a register of constitutional applications, in which shall be entered particulars of every application lodged in the registry ; and a register of constitutional appeals, in which shall be entered particulars of every notice of appeal lodged in the registry and of any subsequent proceedings. The registers to be maintained under these Rules shall show the application or the appeal , the number of the proceedings in the Court of Appeal or constitutional court , the names of the parties, the date when the essential steps in the proceedings were taken and the result of the application...

Section Application for certificate of importance or leave to appeal in criminal matters Section In criminal matters— where an appeal lies if the Court of Appeal certifies that a question or questions of great public or general importance arise, applications to the Court of Appeal shall be made informally at the time when the decision of the Court of Appeal is given against which the intended appeal is to be taken; failing which a formal application by notice of motion may be lodged in the Court of Appeal within fourteen days after the decision, the costs of which will lie in the discretion of the Court of Appeal ; and if the Court of Appeal refuses to grant a certificate as referred to in paragraph (a) of this subrule, an application may be lodged by notice of motion in the court within fourteen days after the refusal to grant the certificate by the Court of Appeal , for leave to appeal on the ground that the intended appeal raises one or more matters of public or general importance which would be proper for the court to review in order to see that justice is done. Where an appeal lies to the court with the leave of the Court of Appeal , an application may be made by notice of mot...

Section Application for certificate of importance or leave to appeal in civil matters Section In civil matters— Where formerly an appeal lay from the High Court to the court with leave of either the High Court or the court , the same rules shall apply to appeals from the Court of Appeal to the court — where an appeal lies if the Court of Appeal certifies that a question or questions of great public or general importance arise, application to the Court of Appeal shall be made informally at the time when the decision of the Court of Appeal is given against which the intended appeal is to be taken; failing which a formal application by notice of motion may be lodged in the Court of Appeal within fourteen days after the decision, the costs of which shall lie in the discretion of the Court of Appeal ; and if the Court of Appeal refuses to grant a certificate as referred to in paragraph (a) of this subrule, an application may be lodged by notice of motion in the court within fourteen days after the refusal to grant the certificate by the Court of Appeal for leave to appeal to the court on the ground that the intended appeal raises one or more matters of great public or general importance...

Section Application before or after notice of appeal Section Where application for a certificate or for leave is necessary, it may be made before or after the notice of appeal is lodged. If any criminal appeal involves a certificate or leave and the appellant is in prison unrepresented by an advocate , the Court of Appeal shall, when affirming or passing sentence or any other order upon the appellant , call for the appellant to be produced before court to make his or her application, and ascertain whether or not the appellant shall be granted the certificate or leave, or may adjourn the decision for the appellant to place all necessary facts before the court .

Section Order of applications to the court and to Court of Appeal Section Where an application may be made either to the court or to the Court of Appeal , it shall be made to the Court of Appeal first. Notwithstanding subrule (1) of this rule, in any civil or criminal matter, the court may, in its discretion, on application or of its own motion, give leave to appeal and make any consequential order to extend the time for the doing of any act, as the justice of the case requires, or entertain an application under rule 6(2)(b) of these Rules to safeguard the right of appeal , notwithstanding the fact that no application has first been made to the Court of Appeal .

Section Form of applications to court Section This rule shall not apply— Subject to subrule (3) of this rule and to any other rule allowing informal application, all applications to the court shall be by motion, which shall state the grounds of the application. A notice of motion shall be substantially in Form A in the First Schedule to these Rules and shall be signed by or on behalf of the applicant. to applications made in the course of a hearing, which may be made informally; or to applications made by consent of all parties, which may be made informally by letter.

Section Supporting documents Section Every formal application to the court shall be supported by one or more affidavits of the applicant or of some other person or persons having knowledge of the facts. An applicant may, with the leave of a judge or with the consent of the other party, lodge one or more supplementary affidavits. Applications for leave under subrule (2) of this rule may be made informally. Every application to the court for leave to appeal shall be accompanied by a copy of the decision against which it is desired to appeal and, where an application has been made to the Court of Appeal for leave to appeal and the application has been refused, by a copy of the order of the Court of Appeal refusing that application.

Section Applications for leave to amend Section Where formal application is made to the court for leave to amend any document, the amendment for which leave is sought shall be set out in writing, and if practicable lodged with the registrar and served on the respondent before the hearing of the application; or if that is not practicable, it shall be handed to the court and to the respondent at the time of the hearing. The court may consider an application for leave to amend whether made formally as in subrule (1) of this rule or informally during the course of proceedings and may dispose of the application or direct that an informal application be made formally. Where the court gives leave for the amendment of any document, whether on a formal or an informal application, then subject to rule 17 of these Rules, the amendment shall be made or an amended version of the document shall be lodged within such time as the court , when giving leave, may specify; and if no time is so specified, then within forty-eight hours after the giving of leave. On failure to comply with the requirements of subrule (3) of this rule, the leave given and referred to in that subrule shall cease.

Section Applications to be lodged in the registry Section An application to the court shall be lodged in the registry . All subsequent documents required to be lodged in relation to an application shall also be lodged in the registry .

Section Applications during vacations Section An application which the applicant desires to be set down for hearing during a vacation shall, where the applicant is represented by an advocate , be accompanied by a certificate of urgency signed by that advocate .

Section Service of notice of motion Section The notice of motion and copies of all affidavits shall be served on all necessary parties not less than two clear days before the hearing. In case of urgency, an application, other than an application under rule 109 of these Rules, may be made ex parte ; but in any such case, if the applicant is represented by an advocate , the advocate shall sign a certificate of urgency, which shall be filed with the proceedings. Where any person required to be served with a notice of motion has given an address for service in or in connection with the proceedings in the Court of Appeal and has given no subsequent address for service, the notice may be served on him or her at that address, notwithstanding that it may be that of an advocate who has not been retained for the purpose of any subsequent proceedings.

Section Affidavits in reply Section Any person served with a notice of motion under rule 47 of these Rules may lodge one or more affidavits in reply and shall, as soon as practicable, serve a copy or copies on the applicant. Any person referred to in subrule (1) of this rule may, with the leave of a judge or with the consent of the applicant, lodge one or more supplementary affidavits. An application for leave under subrule (2) of this rule may be made informally.

Section Abatement of applications Section An application in a criminal matter shall abate, where the applicant is the State, on the death of the respondent and, in any other case, on the death of the applicant. An application in a civil matter shall not abate on the death of the applicant or respondent ; but the court shall, on the application of any interested person, cause the legal representative of the deceased to be made a party in place of the deceased.

Section Hearing of applications Section This rule shall not apply to the following— Every application, other than an application included in subrule (2) of this rule, shall be heard by a single judge of the court ; except that the application may be adjourned by the judge for determination by the court . an application for leave to appeal , or for a certificate that a question or questions of great public or general importance arise; an application for a stay of execution, injunction or stay of proceedings; an application to strike out a notice of appeal or an appeal ; or an application made as ancillary to an application under paragraph (a) or (b) of this subrule or made informally in the course of the hearing, including an application for leave or to extend time if the proceedings are found to be deficient in those matters in the course of the hearing.