Effective Tuesday, December 1, persons applying at the Magistrate’s Court for orders under Part V of the Magistrate’s Code of Procedure Amendment Act, 2014, will be responsible for arranging the service of their applications on the opposing party.

The arrangement of service must be executed independent of the court, and the officers of the Royal Virgin Islands Police Force who are assigned as court security officers.

This includes orders for the maintenance of children and spouses, and judicial separation.

Applications, once filed at the court, will be processed internally and available within two (2) business days for collection by the litigant, or their agent.  Service can thereafter be effected by an independent process server, on the opposing party. 

The Magistrate’s Court requires the applicant to provide proof of service of their documents on the opposing party, usually by way of an affidavit of service in most cases. A precedent for an affidavit of service will be made available for unrepresented litigants.

The change in policy will facilitate respondents, to these applications, being brought before the court in a timely manner as the onus is placed on litigants to undertake prompt service on the opposing party. It will also alleviate demands on the limited resources of the court, including the police resources. For more information, clarification or guidance, please feel free to telephone the court at 468-4360.

The Magistrate’s Court is an entity of statute, and forms part of the judiciary in the Virgin Islands. It has jurisdiction in criminal matters, civil matters and family law matters, among other legislated areas.