Introduction

On 26 July 2024, significant amendments to the Rules of Civil Procedure of 2023 were published by the Supreme Court of Cyprus in the Official Gazette of the Republic of Cyprus. This guide provides a detailed overview of the key amendments and their implications.

Effective Date

The amendments which will be described below, came into force immediately upon their publication in the Official Gazette on 26 July 2024 (the “Amending Rules”).

Part 6 - Amendments to Regulation 13

• Change:

• The words "in Sections II or III of this Part" are replaced with "in this Part."

• Implication:

• This broadens the scope of Regulation 13 to apply to all sections within Part 6, rather than being limited to Sections II or III.

Part 7 - Amendments to Regulation 1(4)

• Changes:

• The word "shall" is deleted in the second line.
• Additional sentence following the sentence “in another jurisdiction” in the second line of the sentence "or in relation to arbitration proceedings taking or will take place in Cyprus or abroad may" is inserted.

• Implication:

• This amendment provides greater flexibility in the application of Regulation 1(4), especially concerning arbitration proceedings, both domestic and international.

Part 8 - Amendments to Regulation 9(1)

• Changes:

• The term "written testimony" is replaced with "opposition" in subparagraph (b).
• The word "opposition" replaces "written testimony" in subsection (c).

• Implication:

• This shift emphasizes the formal opposition process rather than the submission of written testimony, clarifying the procedures under Regulation 9(1).

Part 17 - Amendments to Regulation 4(2)

• Change:

• Sub-paragraph (b) is replaced with a new sub-paragraph which provided: “(b) Part 12 (challenge to the jurisdiction of the Court."

• Implication:

• This amendment streamlines the process of challenging jurisdiction, aligning it more clearly with the provisions of Part 12.

Part 22 - Amendments to Regulations 1(5) and 1(8)

• Changes:

• Regulation 1(5): The phrase "by virtue of" is replaced with "subject to."
• Regulation 1(8): A new clause is added clarifying that a statement of truth signed by a lawyer reflects the client’s belief, not the lawyer’s.

• Implication:

• These changes address the obligations and liabilities of lawyers, emphasizing the client's responsibility for any statements made on his/her behalf.

Part 23 - Amendments to Regulation 2

• Addition:

• A new paragraph (4) is inserted, allowing applications for interim relief in court or arbitration proceedings both in Cyprus and abroad. The new paragraph provides the following: “Application for interim reliefs pursuant to Part 25, in relation to a court proceeding which takes place or will take place abroad or arbitration proceedings which take place or will take place in Cyprus or abroad, may be filed pursuant to the present Part, with the relevant modifications and may be filed ex-parte provided that the conditions of Regulation 5 of the present Part are met.”

• Implication:

• This addition enhances the ability to seek interim relief in relation to domestic and international court proceedings and/or arbitration proceedings, whether they take place or will take place, broadening the jurisdictional reach of the courts.

Part 25 - Amendments to Regulation 4(1) and Form II

• Changes:

• Regulation 4(1)(a) now includes references to judicial and arbitral proceedings is amended as follows:

• by inserting after the words "is sought in connection with" in the first line, the word 'judicial'.
• by inserting after the words "out of jurisdiction" in the second line, the “or arbitration proceedings which are or will be held in Cyprus or abroad".

• Form II's Paragraph 6 is updated to replace "negotiate" with "or handle."
• Form II – Freezing Order of Appendix I of Part 25 is amended with the inclusion of two new Schedules.

• Implication:

• These amendments provide further clarity in the area of freezing orders.

Part 41 - Amendments to Regulations 2(3) and 6(1)

• Changes:

• Regulation 2(3): The number "21" is replaced with "28."
• Regulation 6(1): An application must first be made to the lower court and if rejected, then to the Court of Appeal.

• Implication:

• These changes extend deadlines and clarify the procedure for appeals, ensuring a more structured appeal process.

Forms numbered 4, 7, and 53 are now repealed and are substituted with the forms provided in Appendix A of the Amending Rules.

Conclusion

These amendments represent an effort by the Supreme Court to refine and update the Rules of Civil Procedure of 2023, addressing both procedural clarity and the practical needs of contemporary legal practice.