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Contents

Part II · Designation of Atlernative Courts

3. Designation of alternative courts in place of courts affected by COVID - 19 circumstances

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

Subject to the provisions of sections 46 and 47 of the Judicature Act, No. 2 of 1978, where the ordinary functioning of any court of first instance is disrupted due to any COVID - 19 circumstance, the Judicial Service

Commission may designate the nearest court of concurrent jurisdiction as the alternative court in place of such court, for the period during which such COVID - 19 circumstance exists. Any action, prosecution, proceeding or matter filed in or considered by such court of first instance or any new action, prosecution, proceeding or matter filed, shall be considered or heard by the court so designated:

Provided however, no transfer of an action, prosecution, proceeding or matter referred to in this subsection shall be made where-

(a)

any such court of first instance has reserved such action, prosecution, proceeding or matter for judgment, order or other pronouncement; or

(b)

all hearings in such action, prosecution, proceeding or matter have been concluded before such court of first instance.

(2)

An action, prosecution, proceeding or matter filed in or considered by an alternative court referred to in subsection (1) may, by the presiding Judge of the alternative court, subsequently be transferred to the court of first instance which previously exercised jurisdiction in relation to such action upon the resumption of ordinary functions of such original court:

Provided however, no transfer of an action, prosecution, proceeding or matter referred to in this subsection shall be made where-

(a)

the alternative court has reserved such action, prosecution, proceeding or matter for judgment, order or other pronouncement; or

(b)

all hearings in such action, prosecution, proceeding or matter have been concluded before such alternative court.

Part III

Conducting Court Proceedings Using Remote Communication Technology

Read on from Part III

Part IV

General

Read on from Part IV