11. Who may appear or be represented before the Court?
There are several ways in which a person or entity may appear before the Court. It
all depends on the nature of the person who is appearing or being represented
[Article 37]. Accordingly:
x
x
A party to any proceedings in the Court may appear in person or by an agent
and may be represented by an advocate. The Advocate must be one who is
entitled to practice before a superior Court of any Partner State [Article 37,
and Rule 17(1)].
The Counsel to the Community is entitled to appear in any matter where the
Community or any of its institutions is a party, or where the Counsel thinks
that such appearance is desirable [Rule 17(2)].
x
A corporation or company may either appear or be represented by its director,
manager or secretary, who is appointed by resolution under the seal of the
corporation or the company. It may also be represented by an advocate [Rule
17(3)].
x
A person under legal disability may appear by a guardian ad litem (i.e. a
representative who has been appointed just for the complaint or trial); or by
the next friend, as the case may be. The person may also be represented by
an advocate [Rule 17(4)].
The advocate for a party must file with the Registrar a certificate that he or she is
entitled to appear before a superior court of a Partner State [Rule 17(5)].
All representatives of a party other than an advocate are required to file with the
Registrar proof of their appointment as such representatives [Rule 17(6)].
Subject to any law by which any right or cause of action is extinguished by the death
of a person, proceedings before the Court do not end upon the death of any party. In
the event that the death of a party occurs during the continuance of the proceedings,
the legal representative takes over the proceedings [Rule 17(7)].
Where no legal representative is appointed within a reasonable time, the surviving
party may, with the acceptance of the Court, proceed ex parte. This means that the
party who is present will continue the process without including the other party [Rule
17(7)(c)].
12. How does a trial or a case before the Court begin; and who is involved in
the case?
Cases begin with the filing of a complaint before the Court. The person or institution
filing the suit is referred to as the Applicant or Claimant, the person or entity against
whom the case is filed is referred to as the Respondent.
In some areas of law, the person filing the complaint can also be called the
Petitioner and the person against whom the case is filed is called the Respondent.
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