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Judicature (Amicus Curiae) Rules

Statutory Instrument 54 of 2022 Current version · as at 28 June 2022
Enacted2022
Commenced28 June 2022
Last amended—
Point-in-time consolidation · as at 28 June 2022. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

A full descriptive summary for this Act has not been recorded yet.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Full text of the Act

2 parts · 11 sections

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Judicature (Amicus Curiae) Rules

Commenced on 28 June 2022

[This is the version of this document at 28 June 2022.]

Part I

1. Title

These Rules may be cited as the Judicature (Amicus Curiae) Rules,

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Title”.

“These Rules may be cited as the Judicature (Amicus Curiae) Rules,”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. These Rules may be cited as the Judicature (Amicus Curiae) Rules,
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
2. Application

These Rules apply to civil proceedings in all Courts of Judicature

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Scope rule

This section defines when and how “Application” applies.

“These Rules apply to civil proceedings in all Courts of Judicature”
Primary legislation Source quotation matched
Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
3. Objectives of Rules

The objectives of these Rules are (a) to provide for the principles and procedure to be applied by courts when considering applications for admission of persons as amicus curiae;

(b)

to promote uniformity, consistency and transparency in considering applications for admission of persons as amicus curiae; and

(c)

to promote the enforcement of article 126(1) of the Constitution by providing justified intervention by a person or organisation seeking to promote the public interest in conformity with the law and with the values, norms and aspirations of the people.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Objectives of Rules”.

“The objectives of these Rules are (a) to provide for the principles and procedure to be applied by courts when considering applications for admission of persons as amicus curiae;”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Objectives of Rules”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (b) to promote uniformity, consistency and transparency in considering applications for admission of persons as amicus curiae; and
  2. (c) to promote the enforcement of article 126(1) of the Constitution by providing justified intervention by a person or organisation seeking to promote the public interest in conformity with the law and with the values, norms and aspirations of the people.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
4. Interpretation

In these Rules, unless the context otherwise requires

"amicus curiae" means a person or organisation that is not a party to a suit but who participates in the litigation by providing the court with important information intended to assist the court in making an informed decision;

"fidelity to the law" means faithfulness, trustworthiness, reliability, commitment, dependability or conformity to the law;

"novel" means the quality of being new, original, unfamiliar, unusual or unique;

"public interest" includes the interest of society or any segment of society in promoting human rights, democracy, rule of law, and good governance.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Interpretation”.

“In these Rules, unless the context otherwise requires "amicus curiae" means a person or organisation that is not a party to a suit but who participates in the litigation by providing the court with important information intended to assist the court in making an informed decision;”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. "fidelity to the law" means faithfulness, trustworthiness, reliability, commitment, dependability or conformity to the law;
  2. "novel" means the quality of being new, original, unfamiliar, unusual or unique;
  3. "public interest" includes the interest of society or any segment of society in promoting human rights, democracy, rule of law, and good governance.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part II

5. Requirements for admission

The court may admit a person or organisation as amicus curiae who meets the following requirements (a) the person or organisation is neutral and impartial;

(b)

the court is satisfied that the submission of the person or organisation will give assistance to the court that it would not otherwise have;

(c)

the points of law or facts submitted by the person or organisation are novel and will aid the development of jurisprudence;

(d)

the interest of the person or organisation constitutes fidelity to the law;

(e)

the submissions of the person or organisation draw attention to relevant matters of law that are useful, focused and principled;

(f)

the participation of the person or organisation is in the public interest; and

(g)

the person or organisation has demonstrable expertise or knowledge in the area under dispute.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Requirements for admission”.

“The court may admit a person or organisation as amicus curiae who meets the following requirements (a) the person or organisation is neutral and impartial;”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

6
  1. (b) the court is satisfied that the submission of the person or organisation will give assistance to the court that it would not otherwise have;
  2. (c) the points of law or facts submitted by the person or organisation are novel and will aid the development of jurisprudence;
  3. (d) the interest of the person or organisation constitutes fidelity to the law;
  4. (e) the submissions of the person or organisation draw attention to relevant matters of law that are useful, focused and principled;
  5. (f) the participation of the person or organisation is in the public interest; and
  6. (g) the person or organisation has demonstrable expertise or knowledge in the area under dispute.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
6. Procedure for application
(1)

A person or organisation who meets the requirements of rule 5 may-

(a)

apply by notice of motion to appear in court as amicus curiae; or

(b)

be invited by court by way of letter to appear as amicus curiae.

(2)

An application under subrule (1)(a) shall be supported with a formal brief indicating the expertise or justification for consideration of the person or organisation to be admitted as amicus curiae.

(3)

The brief under subrule (2) shall address the court on points of law not raised by the parties but which are of concern to the court and which may cause a wrong interpretation of the law to be made by the court, and shall comprise of-

(a)

a table of contents, properly paginated;

(b)

a statement of questions to be addressed, presented in a clear and succinct manner;

(c)

a table of authorities, alphabetically arranged and distinguished under different heads of cases, statutes and other authorities, with reference to the page in the brief where the authorities are used;

(d)

the identity and interest of the amicus curiae, clearly indicating the legal status of the amicus curiae and the capacity in which the brief is being presented; where applicable;

(e)

a statement of the expertise of the amicus curiae;

(f)

a concise summary of the arguments; and

(g)

the arguments of the amicus curiae, properly itemised under distinct heads and chronologically arranged.

(4)

The court may limit the length of the brief and shall, at the time of allowing the application for admission as amicus curiae, determine whether only a written brief should be allowed, or both a written brief and oral submissions.

(5)

Where the court finds that there is need for clarification on the brief submitted by the applicant, the court shall summon the applicant to appear before the court within seven days, to give the required clarification.

(6)

The letter and brief referred to in subrules (1)(b) and (2) shall be copied to the parties to the suit.

(7)

An application for admission as amicus curiae may be made at any time after the date of closure of pleadings or during the course of trial.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Scope rule

This section defines when and how “Procedure for application” applies.

“(1) A person or organisation who meets the requirements of rule 5 may-”
Primary legislation Source quotation matched
Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

16
  1. (1) A person or organisation who meets the requirements of rule 5 may-
  2. (a) apply by notice of motion to appear in court as amicus curiae; or
  3. (b) be invited by court by way of letter to appear as amicus curiae.
  4. (2) An application under subrule (1)(a) shall be supported with a formal brief indicating the expertise or justification for consideration of the person or organisation to be admitted as amicus curiae.
  5. (3) The brief under subrule (2) shall address the court on points of law not raised by the parties but which are of concern to the court and which may cause a wrong interpretation of the law to be made by the court, and shall comprise of-
  6. (a) a table of contents, properly paginated;
  7. (b) a statement of questions to be addressed, presented in a clear and succinct manner;
  8. (c) a table of authorities, alphabetically arranged and distinguished under different heads of cases, statutes and other authorities, with reference to the page in the brief where the authorities are used;

8 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
7. Disqualification from admission

The court shall not admit a person or organisation as amicus curiae, where (a) the application does not state what point of law is overlooked;

(b)

the application does not show the expertise in the matter and the assistance which the applicant is to give the court in resolving the dispute before it;

(c)

the application introduces new evidence; or

(d)

the hearing has already been closed and judgment reserved.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Disqualification from admission”.

“The court shall not admit a person or organisation as amicus curiae, where (a) the application does not state what point of law is overlooked;”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (b) the application does not show the expertise in the matter and the assistance which the applicant is to give the court in resolving the dispute before it;
  2. (c) the application introduces new evidence; or
  3. (d) the hearing has already been closed and judgment reserved.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
8. Objection to admission of amicus curiae
(1)

A party to a suit may object to the admission of a person or organisation as amicus curiae where the party considers that-

(a)

the applicant does not have sufficient expertise;

(b)

the applicant is introducing new evidence;

(c)

the applicant is not impartial or is biased or hostile towards one or more of the parties; or

(d)

the applicant, through previous conduct, appears to be partisan on the issue before court.

(2)

Where a party objects to the application of amicus curiae, the party shall notify the court within seven days, by affidavit in reply, and shall serve copies of the affidavit on the applicant and any other party to the suit, before the hearing.

(3)

Except in exceptional circumstances as may be determined by the court, there shall be no objection to the admission of amicus curiae where the court has invited amicus curiae.

(4)

Where no objection is raised within seven days, the court shall consider the application and notify the applicant of its decision within seven days.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Objection to admission of amicus curiae”.

“(1) A party to a suit may object to the admission of a person or organisation as amicus curiae where the party considers that-”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

8
  1. (1) A party to a suit may object to the admission of a person or organisation as amicus curiae where the party considers that-
  2. (a) the applicant does not have sufficient expertise;
  3. (b) the applicant is introducing new evidence;
  4. (c) the applicant is not impartial or is biased or hostile towards one or more of the parties; or
  5. (d) the applicant, through previous conduct, appears to be partisan on the issue before court.
  6. (2) Where a party objects to the application of amicus curiae, the party shall notify the court within seven days, by affidavit in reply, and shall serve copies of the affidavit on the applicant and any other party to the suit, before the hearing.
  7. (3) Except in exceptional circumstances as may be determined by the court, there shall be no objection to the admission of amicus curiae where the court has invited amicus curiae.
  8. (4) Where no objection is raised within seven days, the court shall consider the application and notify the applicant of its decision within seven days.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
9. Amicus hearing
(1)

The court shall set a date for hearing the application for admission of amicus curiae and shall notify the parties to the suit and any person who has raised an objection under rule 8.

(2)

The court shall, on the day of the hearing, consider the application and objection, if any, and allow or reject the application.

(3)

The court shall, in determining an application for admission as amicus curiae-

(a)

consider the brief submitted under rule 6(2);

(b)

consider objections from any party to the admission of the amicus curiae under rule 8:

(c)

afford the applicant an opportunity to rebut any evidence submitted by an objecting party.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Amicus hearing”.

“(1) The court shall set a date for hearing the application for admission of amicus curiae and shall notify the parties to the suit and any person who has raised an objection under rule 8.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

6
  1. (1) The court shall set a date for hearing the application for admission of amicus curiae and shall notify the parties to the suit and any person who has raised an objection under rule 8.
  2. (2) The court shall, on the day of the hearing, consider the application and objection, if any, and allow or reject the application.
  3. (3) The court shall, in determining an application for admission as amicus curiae-
  4. (a) consider the brief submitted under rule 6(2);
  5. (b) consider objections from any party to the admission of the amicus curiae under rule 8:
  6. (c) afford the applicant an opportunity to rebut any evidence submitted by an objecting party.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
10. Presentation by amicus curiae
(1)

Where a court admits amicus curiae under rule 5, the court may give the amicus curiae an opportunity to present the brief on the date fixed for hearing.

(2)

The court shall take into account the opinion expressed by amicus curiae admitted under these Rules but shall not be bound by the opinion.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Presentation by amicus curiae”.

“(1) Where a court admits amicus curiae under rule 5, the court may give the amicus curiae an opportunity to present the brief on the date fixed for hearing.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) Where a court admits amicus curiae under rule 5, the court may give the amicus curiae an opportunity to present the brief on the date fixed for hearing.
  2. (2) The court shall take into account the opinion expressed by amicus curiae admitted under these Rules but shall not be bound by the opinion.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
11. Application of Civil Procedure Act and Rules

Where a procedure is required for making an application or service of any process or other related matter under these Rules, the Civil Procedure Act and the Civil Procedure Rules shall apply, with necessary modifications

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Scope rule

This section defines when and how “Application of Civil Procedure Act and Rules” applies.

“Where a procedure is required for making an application or service of any process or other related matter under these Rules, the Civil Procedure Act and the Civil Procedure Rules shall apply, with necessary modifications”
Primary legislation Source quotation matched
Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Where a procedure is required for making an application or service of any process or other related matter under these Rules, the Civil Procedure Act and the Civil Procedure Rules shall apply, with necessary modifications
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Civil Procedure Act
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Original Laws of Uganda consolidation (as at 28 June 2022) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.