COURT ATTENDANCE

Resumption of Business

Summary Court hearing and Grand Court hearings have now resumed. Litigants and their attorneys are encouraged to check the court list daily to determine when their case will be listed, or to contact the relevant Registry.

The cause lists may be accessed through our website https://www.judicial.ky/courts/cause-lists-all

Contact

Criminal Help Desk – 244-3867  Email: criminalregistry@judicial.ky
Civil Help Desk – 244-3842   Email: civilregistry@judicial.ky.

 

Practice Directions

Please see the issued COVID-19 Practice Directions for more information.

 

Social Distancing and Personal Protective Equipment Requirements

  • All persons entering the court building will be required to wear face masks and to sanitize their hands.
  • Persons are to continue to wear masks for the duration of their time in court buildings.
  • Persons are to keep a minimum of 2-meter distance from other persons at all times and will follow the directions of the Court Marshalls for entering, moving around in and exiting the court buildings.
  • When speaking to another person, save for during actual court proceedings, persons are required to wear masks.
  • The Head of Security is responsible for providing PPE for prisoners in custody.

 

Practice Directions

Please see the issued COVID-19 Practice Directions for more information.

 

Grand Court Criminal Division.

  • Jury Trials  will resume July 1, 2020.
  • Please see below Grand Court Criminal Trial Protocol for up to date information.
  • Judge alone trials have resumed and continue to be scheduled through video link connections to the attorneys and the HMP Northward. These arrangements will be co-ordinated by the Case Progression Officer who may be contacted at Grandcourtcriminal@judicial.ky.  Attorneys and the RCIPS are reminded to adhere to the Criminal Practice Rules recently promulgated.

 

Grand Court Family Division

Due to the continuing need to physical distance, Judges will determine on a case by case basis whether Family hearings will be conducted in person or remotely.

Practice Directions and Guidance

Please see Practice Directions 2, 3, 4 & 6 of 2020 for additional guidance on Family Division hearings during COVID – 19 shelter in place and the use of remote hearings.  These Practice Directions may be found at the top of this COVID-19 page.

Remote Hearings

There is no category of case that may be listed in the Family Division which necessarily requires the physical attendance of key participants in the same courtroom. The determination of whether or not a remote hearing is to take place will not therefore turn on the estimated length of the hearing, but upon other case specific factors.

The following categories of hearing may be suitable for remote hearing:

  1. All directions and case management hearings;
  2. Public Law Children:
  3. Emergency Protection Orders
  4. Interim Care/supervision Orders
    1. Private Law Children:
  5. First appointment Hearings on Family Mention Days
  6. Other interim hearings
  7. Simple short contested cases
    1. Injunction applications where there is no evidence that is to be heard (or only limited evidence).
    2. Financial Cases
    3. Other hearings as directed by the judge

Where a case in one of the categories listed in paragraph 7 above has already been listed for a hearing at which the parties are due to attend court then, if it is possible to make arrangements for the fixed hearing to be conducted remotely, then the hearing should go ahead remotely without any personal attendance at court.

Where a case cannot be listed for a remote hearing as matters stand then any existing listing should be adjourned and the case must be listed promptly for a directions hearing, which should be conducted remotely. The primary aim of the directions hearing should be to identify the optimal method of conducting the court process in order to achieve a fair and just hearing of the issues but, at the same time, minimising as much as possible the degree of inter-personal contact between each participant. In appropriate cases, this may involve the use of a remote hearing where it is possible to conduct the court process in a manner that achieves a fair and just consideration of the issues. Although consideration may be given as to whether it is possible to conduct a complicated extensive multi-party hearing using the Zoom system, in such cases it may be necessary for the personal attendance at court, for some or all of the hearing, by some or all of the participants.

At any directions hearing to discuss the future hearing arrangements, judges should also require the parties to focus on the realistic options that are currently available to meet the child’s welfare needs during the present straightened circumstances.

 

Remote Hearings: technical matters

Remote hearings may be conducted using the following facilities as appropriate to the individual case:

    1. By way of an email exchange between the court and the parties;
    2. By way of telephone using conference calling facilities;
    3. By way of the court’s video-link system, if available;
    4. The use of Zoom;
    5. Any other appropriate means of remote communication, for example Skype or FaceTime.

The Court IT Department will assist make the arrangements for Zoom and will provide advice to participant about to use Zoom.

If you are unfamiliar with Zoom here is the help page from Zoom https://support.zoom.us/hc/en-us/articles/206618765-Zoom-Video-Tutorials and further guidance and video  https://learninginbloom.com/use-zoom/

 

 

Grand Court Financial Services Division (FSD)

As far as possible FSD cases will be heard via video link.

The practice is particularly well established in the FSD where Judges frequently preside over interlocutory proceedings in Court from the UK (and other places) by video-link. However, given the travel bans, it now seems likely that substantive trials will also have to be taken by these means as much as possible, even where the designated judge resides overseas.

In keeping with Grand Court Rules Order 33 rule 1, the Secretary of State for Foreign Affairs has confirmed, through the Office of the Governor that he consents to Grand Court judges presiding from the UK for trials in Cayman by way of video-link.

Please see published Practice Directions on Video-link Proceedings.

Parties and their attorneys are advised to contact the FSD Registrar and/or Listing Officer to identify those cases which must proceed by way of video-link and to confirm the arrangements with the designated Judges: bridget.myers@judicial.ky or yasmin.ebanks@judicial.ky.

Subject to the directions of the Judge in each case, the use of electronic bundles is especially encouraged at this time to reduce the need for photocopying and circumstances for the transmission of COVID-19.

Last Updated: June 1, 2020

 

Grand Court General Civil and Admiralty Divisions

Until further notice matters in these Divisions will also continue to be listed and heard as usual via video link where possible.

Applications may also be taken administratively without a hearing when first notified to the Listing Officer and approved by the Judge assigned to case management in these divisions. Contact for such applications may be made with the Listing Officer: yasmin.ebanks@judicial.ky or joanne.cox@judicial.ky.

The use of video-conferencing and teleconferencing is also encouraged in these Divisions, as is the use of electronic court bundles (subject to the requirements of the designated Judge).  Please also see published Practice Directions.

Last Updated: June 1, 2020

 

The Summary Courts – Criminal Division ( including Traffic)

Effective June 16, 2020 all traffic cases will resume. In person attendance required. All defendants should check the court website https://www.judicial.ky/courts/cause-lists-all or the websites of the Caymanian Compass, Cayman News Service or Caymanian Times for publication of the weekly Summary Court Cause Lists which will give notice of the date for hearing of their cases, from now on until further notice. All persons, including defendants attending court, must wear a mask upon entering the building and will be required to sanitise their hands upon entry. Defendants who require further information are to call the Criminal Registry Help Desk – 244-3867   or Email: criminalregistry@judicial.ky.     The Courts offices are not open to the general public at this time, save for attendance at one’s court hearing itself.

 

 Coroner’s Court

  • Coroner’s inquests have been postponed for the time being.
  • Persons summonsed to attend as coroner’s jurors should monitor the website for updates or call the Criminal Registry at 244-3867 or by email to: criminalregistry@judicial.ky.

 

Summary Court Family Division

• All Children Law matters are adjourned for 28 days from their currently scheduled listing.

• All family law matters will return within 28 days of their current scheduled date. All maintenance payments shall continue to be made as previously ordered. Payments may be made online. Instructions for payment are available the Coronavirus Continuity of Operations webpage or you may contact: onlinebanking@judicial.ky or call 244-3807. Where payments must be made in person information will also be available at those contacts.

 

Drug Court

Testing is available for all Drug Court Clients. Persons currently on random protocols must continue to call in.

 

 The Summary Courts – Specialist Diversionary Courts

Applications under the Protection from Domestic Violence Law (dealt with by the Specialist Domestic Violence Court);  persons should contact the Family Proceedings Unit for more information. See our FAMILY PROCEEDINGS UNIT section for details.

 

Contacts

Website: https://www.judicial.ky/courts/cause-lists-all

Email: Criminalregistry@judicial.ky / Civilregistry@judicial.ky / family@judicial.ky

 

Last Updated: June 19, 2020