Order 13 of the Supreme Court Rules 2012 manages the Court’s caseload through a series of lists. The call over list is the second of them, and the one at which an appeal first has to show it is going somewhere.
The General List first
(1) There shall be a General List kept by the Registrar, which is the list of all matters registered in the Registry, which list shall contain the current status report of those matters. (2) When a matter is filed in the Registry, it shall be immediately listed in the General List. (3) An application for review of an election petition shall proceed as provided in Order 5 Division 2. All other matters shall be called over, have their status checked by the Duty Judge and be listed for hearing in accordance with these Rules.
Everything filed goes on the General List: appeals, applications for leave, reviews, references, originating summonses, bail applications. Rule 3 gives each type its file reference, SCA, SCRA, SCM, SC Rev, SC Ref, SCOS or SCAPP, and the General List is kept by those references. See what the file numbers mean. Election petition reviews leave the scheme at this point and follow their own timetable under Order 5.
The call over list
(1) There shall be a call over list maintained by the Registrar. (2) No substantive matter shall be added to the Call Over List unless a book is filed. (3) In respect of an appeal under Order 7 the book shall be as provided in Order 7 Divisions 14 and 15. For other applications, references and all other matters, the index and the application book or reference book shall be prepared as closely as possible to those provisions. (4) For interlocutory applications to be heard by a Judge a book shall not be required. (5) Any issue arising in respect of the book not determined to the satisfaction of the parties by the Registrar shall be referred to the Duty Judge. (6) A substantive matter shall be added to the Call over List when the Book is filed. (7) The Registrar shall call all matters on the call over list, once every month on the second Tuesday of the month and may (a) refer matters to the Directions List, for directions for setting down of the matter for hearing; or (b) remove a matter from the call over list to the Summary Determination list.
The book is the ticket
Rule 7(2) and (6) make the filing of the book the event that moves a matter forward. For an appeal that is the appeal book prepared under Order 7 Divisions 11 to 16: appointment to settle, collection of papers, draft index, settlement before the Registrar, then lodgment. For a review, reference or constitutional application it is an application book or reference book prepared “as closely as possible” to the same provisions. Until the book is filed the matter sits on the General List, and the only way it moves is towards the summary determination list, which is what happens to appeals whose books never appear. See what an appeal book is and when it must be lodged.
Rule 7(4) exempts interlocutory applications heard by a single Judge, such as a stay, an extension of time or leave to appeal, from the book requirement. Those go to the Duty Judge on a motions day under Rule 15, or as urgent applications under Rule 14, without waiting for a call over. See making an application.
What happens at the call over
| State of the matter | Registrar’s action | Next step |
|---|---|---|
| Book filed and in order, transcript available | Refer to the Directions List | Directions hearing before the Duty Judge on the first Monday of the circuit month |
| Book filed but disputed | Registrar attempts to resolve; if not, refer to the Duty Judge | Duty Judge rules on the book’s contents |
| Book not filed, no steps taken for months | Remove to the Summary Determination list | Form 10D notice to show cause; hearing not less than 30 days later |
| Appellant absent, no explanation | Either of the above depending on the file | The Registrar acts on the file, not on attendance |
The call over is conducted by the Registrar, not a Judge, and it is administrative. Its purpose is to sort the list into matters ready for directions and matters going nowhere. Rule 5 lets the Registrar assign staff, in practice the Senior Clerk, to manage the General List and perform these duties.
Do I have to attend?
The Rules do not require attendance at the call over as they do at the directions hearing under Rule 8(c). In practice lawyers do attend, because it is the moment to explain a delay before the Registrar exercises the Rule 7(7)(b) power, and because the Registrar will want to know whether the transcript has been ordered. A party whose matter is removed to the summary determination list receives the Registrar’s notice under Rule 16(2) and has at least 30 days to respond, by letter or affidavit filed seven days before the hearing. See summary determination.
After the call over
Rule 8 provides that the Directions List is prepared after the call over and that the Registrar gives notice of the directions hearing, in Form 10A, immediately after it. So the practical timetable for a ready appeal is: book filed; called over on the second Tuesday; Form 10A issued; directions hearing on the first Monday of the next circuit month; hearing date fixed; status conference on the Monday before the sittings; hearing. See the directions hearing, the status conference and when the Supreme Court sits.
Sources
- Supreme Court Rules 2012 — O 13 rr 3, 5–8, 14–16; O 7 Divisions 11–16
Before relying on anything here, read the current text of the Supreme Court Rules 2012 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.