Bermuda civil and statutory proceedings
When must Bermuda witness statements be exchanged?
The court directs fourteen weeks or another specified period. Serve the required witness statements on the other parties. The court’s actual direction controls witnesses, issues, terms and period. Written consent under Order 3 rule 5(3) does not apply to this specified period.
- Period
- The court directs fourteen weeks or another specified period
- Trigger
- The directions hearing or other event specified by the actual order
- Rule
- Rules of the Supreme Court 1985 (GN 470/1985), Order 38, rule 2A(2)
Rules of the Supreme Court 1985 (GN 470/1985), Order 38, rule 2A(2). Official consolidated body retrieved October 10, 2026. Bermuda Laws Online states laws amended through August 11, 2026. The consolidation includes BR 10/2024, BR 4/2025 and BR 13/2026, each retained separately.
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The court’s actual direction controls witnesses, issues, terms and period. Written consent under Order 3 rule 5(3) does not apply to this specified period. Establish the directions hearing or other event specified by the actual order and the actual completion required to serve the required witness statements on the other parties.
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When must Bermuda witness statements be exchanged?
The court directs fourteen weeks or another specified period. Serve the required witness statements on the other parties. The court’s actual direction controls witnesses, issues, terms and period. Written consent under Order 3 rule 5(3) does not apply to this specified period.
Responsible actor. Party subject to the court’s witness statement direction.
The directions hearing or other event specified by the actual order.
The court’s actual direction controls witnesses, issues, terms and period. Written consent under Order 3 rule 5(3) does not apply to this specified period.
The court’s actual direction controls witnesses, issues, terms and period. Written consent under Order 3 rule 5(3) does not apply to this specified period.
Rules of the Supreme Court 1985 (GN 470/1985), Order 38, rule 2A(2)How does this provision count time?
- Establish the directions hearing or other event specified by the actual order.
- Serve the required witness statements on the other parties.
- Do not turn fourteen weeks into an unconditional default without the direction. Preserve simultaneous exchange where required.
- Statement service differs from filing at the Registry. Obtain any needed court variation rather than assuming the Registry calendar extends service.
Do not turn fourteen weeks into an unconditional default without the direction. Preserve simultaneous exchange where required.
Statement service differs from filing at the Registry. Obtain any needed court variation rather than assuming the Registry calendar extends service.
Rules of the Supreme Court 1985 (GN 470/1985), Order 38, rule 2A(2)Which facts prevent one automatic date?
The court’s actual direction controls witnesses, issues, terms and period. Written consent under Order 3 rule 5(3) does not apply to this specified period. Establish the directions hearing or other event specified by the actual order and the actual completion required to serve the required witness statements on the other parties.
Party subject to the court’s witness statement direction establishes the directions hearing or other event specified by the actual order. Do not turn fourteen weeks into an unconditional default without the direction. Preserve simultaneous exchange where required. The court directs fourteen weeks or another specified period. Serve the required witness statements on the other parties. Establish actual completion before calculating a final date.
A proposed boundary intersects a closure or holiday while the party seeks to serve the required witness statements on the other parties. Statement service differs from filing at the Registry. Obtain any needed court variation rather than assuming the Registry calendar extends service. Establish the applicable computation and completion rule. No assumed carried date is supplied.
The court orders a different period for one witness or excludes certain issues. The court’s actual direction controls witnesses, issues, terms and period. Written consent under Order 3 rule 5(3) does not apply to this specified period. Resolve the changed source branch and required act. The nominal period alone does not establish this scenario.
Which conditions and exceptions apply?
- Actual procedure and branch
- The court’s actual direction controls witnesses, issues, terms and period. Written consent under Order 3 rule 5(3) does not apply to this specified period.
- Count and complete the actual act
- Do not turn fourteen weeks into an unconditional default without the direction. Preserve simultaneous exchange where required. Statement service differs from filing at the Registry. Obtain any needed court variation rather than assuming the Registry calendar extends service.
- Actor and required completion
- Party subject to the court’s witness statement direction. Serve the required witness statements on the other parties.
- The court’s actual direction controls witnesses, issues, terms and period. Written consent under Order 3 rule 5(3) does not apply to this specified period.
- Party subject to the court’s witness statement direction. The directions hearing or other event specified by the actual order. Serve the required witness statements on the other parties. The court’s actual direction controls witnesses, issues, terms and period. Written consent under Order 3 rule 5(3) does not apply to this specified period.
What must the responsible actor complete?
Questions about this procedure
When must Bermuda witness statements be exchanged?
Is fourteen weeks invariably the deadline?
No. Rule 2A(2) expressly permits another period specified by the court.
Rules of the Supreme Court 1985 (GN 470/1985), Order 38, rule 2A(2)What event ordinarily anchors the direction?
The hearing of the summons for directions, subject to the actual direction.
Rules of the Supreme Court 1985 (GN 470/1985), Order 38, rule 2A(2)Can parties extend this period by written consent alone?
Order 3 rule 5(3) is expressly disapplied to this specified period.
Rules of the Supreme Court 1985 (GN 470/1985), Order 38, rule 2A(2)Must statements be signed?
Rule 2A(4)(a) requires signature except for good reason explained by accompanying letter.
Rules of the Supreme Court 1985 (GN 470/1985), Order 38, rule 2A(2)Can directions differ between witnesses?
Yes. Paragraph (3) permits different provision for issues or witnesses.
Rules of the Supreme Court 1985 (GN 470/1985), Order 38, rule 2A(2)Does exchange admit otherwise inadmissible evidence?
No. Paragraph (8) preserves admissibility rules.
Rules of the Supreme Court 1985 (GN 470/1985), Order 38, rule 2A(2)Official sources and review
Provisions used (7)
| Provision | Purpose |
|---|---|
| Rules of the Supreme Court 1985 (GN 470/1985), Order 38, rule 2A(2) | Check the identified procedure, event, counting rule or qualification |
| Order 3 rules 1, 2, 4, 5 and 6 | Check the identified procedure, event, counting rule or qualification |
| Rules of the Supreme Court Amendment Rules 2025, Order 18 rule 12 | Check the identified procedure, event, counting rule or qualification |
| Rules of the Supreme Court Amendment Rules 2026, new Order 14A | Check the identified procedure, event, counting rule or qualification |
| Interpretation Act 1951, sections 7–9 | Check the identified procedure, event, counting rule or qualification |
| Public Holidays Act 1947, sections 3–6 and Schedule | Check the identified procedure, event, counting rule or qualification |
| Rules of the Supreme Court Amendment Rules 2024, Order 62 and Schedule | Check the identified procedure, event, counting rule or qualification |