The Civil Procedure Code (Amendment of the First Schedule) Rules, 2024

11. Citation. Amendment of Order III. Amendment of Order VI. Amendment of Order VIII. Amendment of Order IX. Amendment of Order X. Amendment of Order XIII. Amendment of Order XVIII. Amendment of Order XX. Amendment of Order XXXIX. Amendment of Order XLIII. 1 Civil Procedure Code (Amendment of the First Schedule) GN. NO.821 (contd.) THE CIVIL PROCEDURE CODE (CAP. 33) _______ RULES ______ (Made under section 81) THE CIVIL PROCEDURE CODE (AMENDMENT OF THE FIRST SCHEDULE) RULES, 2024 Citation Cap. 33 Amendment of Order III Amendment of Order VI Amendment of Order VIII

1. These Rules may be cited as the Civil Procedure Code (Amendment of the First Schedule) Rules, 2024 and shall be read as one with the First Schedule to the Civil Procedure Code, hereinafter referred to as the “principal Schedule.”

2. The principal Schedule is amended in Order III by deleting rule 2A.

3. The principal Schedule is amended in Order VI rule 14 by adding the words “to the satisfaction of the court” between the words “him” and “to”.

4. The principal Schedule is amended in Order VIII- (a) in rule 24 by- (i) (ii) designating the contents of rule 24 as subrule (1); and adding immediately after subrule (1) as designated, the following: “(2) The Chief Justice may prescribe the manner and procedure including issuing guidelines and such other directives as it may be necessary for conducting alternative dispute resolution referred to under this rule.”; (b) in rule 25- (i) in subrule (1) by deleting the phrase “within fourteen days after pleadings are 2 Civil Procedure Code (Amendment of the First Schedule) GN. NO.821 (contd.) complete” and substituting for it the phrase “on or before the date of the First PreTrial-Conference.”; by deleting subrules (3), (4) and (5) and substituting for them the following: (ii) “(3) Upon the appointment of the mediator, the court shall, within two days notify the mediator of his the appointment and require him appointment within two days: to confirm the appointment within Provided that, where the mediator does not confirm or refuse the prescribed time, the court shall, within five days of the refusal or non-confirmation, appoint another mediator by the same method used to make the previous appointment. (4) The court shall, within three days of the confirmation of mediator’s appointment, transmit copies of pleadings to the mediator. (5) The mediator shall- (a) within seven days of his confirmation, set a date for the first mediation session and communicate it to the parties in writing or any other available means; and (b) convene the first mediation session not later than fourteen days from the date of his confirmation.”; (c) in rule 27 by adding immediately after subrule (2) the following: “(3) An interested party may, at his request or upon the mediator’s direction, attend a scheduled mediation session.”; (d) in rule 28 by adding immediately after subrule (2) the following: “(3) The mediator shall confirm the identities of the parties or their representatives and incase of the representatives, their authority to settle the matter before recording their attendance.”; (e) in rule 29 by deleting the words “remit the file” appearing between the words “shall” and “to” and 3 Civil Procedure Code (Amendment of the First Schedule) GN. NO.821 (contd.) substituting for them the words “submit a report of such failure”; (f) by deleting rule 34 and substituting for it the following: to a to “Duty submit report court

34.-(1) Within forty-eight hours of the conclusion of the mediation, the mediator shall submit a report to the trial the court showing mediation. the outcome of (2) Where the mediation is successful, the report under this rule shall the settlement be accompanied with agreement.”.

5. The principal Schedule is amended in Order IX by- (a) designating the contents of rule 1 as subrule (1); (b) deleting the phrase “day fixed for court-house” appearing between the words “the” and “in” in subrule (1) as designated and substituting for it the word “court”; and (c) adding immediately after subrule (1) as designated, the following: “(2) Where the plaintiff appears and the defendant does not appear when the suit is called for hearing, the court may proceed ex-parte.”.

6. The principal Schedule is amended in Order X rule 3 by inserting the phrase “or recorded in his presence and and hearing superintendence” between the words “magistrate” and “and”. direction personal under and his Amendment of Order IX Amendment of Order X Amendment of Order XIII by-

7. The principal Schedule is amended in Order XIII (a) deleting the phrase “the first hearing of the suit” appearing in rule 1(1) and substituting for it the phrase “on or before final pre-trial settlement and scheduling conference”; (b) adding immediately after subrule (2) the following: 4 Civil Procedure Code (Amendment of the First Schedule) GN. NO.821 (contd.) “(3) The provisions of this rule shall not apply to the documents- (a) produced for cross-examination of the witness of the other party; or (b) handed over to a witness for refreshing his memory.”. Amendment of Order XVIII

8. The principal Schedule is amended in Order XVIII- (a) by deleting rule 10 and substituting for it the following: “10.- (1) Evidence of each witness shall be- (a) taken down in the language of the court; (b) taken down in writing or in any other manner of recording that may reduce such evidence in a readable form, by or under the personal direction and superintendence of the presiding judge or magistrate; (c) recorded in a narrative form, and not in the form of questions and answers; and (d) signed or authenticated in any legally acceptable manner by the presiding judge or magistrate. (2) Where the evidence of a witness is recorded in a manner that may be reduced into a readable form, the evidence may be taken in the form of question and answer and the transcript of that evidence shall be signed or authenticated in any other legally acceptable way by the presiding judge or magistrate.”; (b) by inserting in rule 12, the words “and such notes whether are recorded in the manner that can be reduced into a readable form or otherwise, shall form part of the record of the court” immediately after the word “examination”; and (c) by inserting in the proviso to rule 15(1), the words “judge in charge or magistrate in charge or” between the words “by” and “the”. 5 Civil Procedure Code (Amendment of the First Schedule) GN. NO.821 (contd.) Amendment of Order XX

9. The principal Schedule is amended in Order XX rule 8 by deleting the words “a deputy registrar or a district registrar” and substituting for them the words “or deputy registrar”. Amendment of Order XXXIX

10. The principal Schedule is amended in Order XXXIX rule 35 (5) by inserting a word “or” between the words “Registrar” and Deputy Registrar” and deleting the words “or the District Registrar” appearing immediately after the words “Deputy Registrar”. Amendment of Order XLIII

11. The principal Schedule is amended in Order XLIII rule 1 by deleting the words “or District” appearing at the opening phrase between the words “Deputy” and “Registrar”. Dodoma, 26th September, 2024 IBRAHIM HAMIS JUMA, Chief Justice I CONSENT Dodoma, 27th September, 2024 PALAMAGAMBA J. A. M. KABUDI, Minister for Constitutional and Legal Affairs 6