Title 5 — Judicial Procedure
63 chapters · 721 sections in this title.
5 V.I.C. § 1232 Discharge of assignor from liability
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The district court may, in its discretion, after the final order of distribution, issue a further final order discharging the assignor from any and all liabilities existing on the date of the filing of the assignment.
5 V.I.C. § 1261 Scope
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Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decre…
5 V.I.C. § 1262 Power to construe, etc
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Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validi…
5 V.I.C. § 1263 Before breach
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A contract may be construed either before or after there has been a breach thereof.
5 V.I.C. § 1264 Executor, etc
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(a) Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, lunatic, or insolvent, may ha…
5 V.I.C. § 1265 Enumeration not exclusive
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The enumeration in sections 1262, 1263, and 1264 of this title, does not limit or restrict the exercise of the general powers conferred in section 1261 of this title, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controvers…
5 V.I.C. § 1266 Discretionary
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The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
5 V.I.C. § 1267 Review
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All orders, judgments and decrees under this chapter may be reviewed as other orders, judgments and decrees.
5 V.I.C. § 1268 Supplemental relief
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Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, …
5 V.I.C. § 1269 Procedure; jury trial; other adequate remedy
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The procedure for obtaining a declaratory judgment pursuant to this chapter shall be in accordance with the Federal Rules of Civil Procedure, and the right to trial by jury may be demanded under the circumstances and in the manner provided in Rules 38 and 39 thereof. The existenc…
5 V.I.C. § 1270 Construction
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This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and is to be liberally construed and administered.
5 V.I.C. § 1271 Words construed
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The word “person” wherever used in this chapter, shall be construed to mean any person, partnership, joint stock company, unincorporated association, or society, or municipal or other corporation of any character whatsoever.
5 V.I.C. § 1272 Uniformity of interpretation
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This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those jurisdictions which enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.
5 V.I.C. § 1301 Right to writ of habeas corpus
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Every person unlawfully imprisoned or restrained of his liberty, under any pretense whatever, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment or restraint.
5 V.I.C. § 1302 Application for writ
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(1) Application for the writ of habeas corpus shall be made by petition signed either by the party for whose relief it is intended or by some person in his behalf. The petition shall comply with the following requirements:(1) It shall specify that the person in whose behalf the w…
5 V.I.C. § 1303 Power to grant writ
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The writ of habeas corpus may be granted by the Superior Court of the Virgin Islands, upon petition by or on behalf of any person restrained of his liberty.
5 V.I.C. § 1304 Grant of writ
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The court authorized to grant the writ, to whom a petition therefor is presented, shall grant the same without delay, if it appears that the writ ought to issue.
5 V.I.C. § 1305 Form of writ
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The writ shall be directed to the person having custody of or restraining the person on whose behalf the application is made, and shall command him to have the body of such person before the court before which the writ is returnable, at a time and place therein specified.
5 V.I.C. § 1306 Delivery and service of writ
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If the writ is directed to any ministerial officer of the court out of which it issues, it shall be delivered by the clerk to such officer without delay, as other writs are delivered for service. If it is directed to any other person it shall be delivered to such officer and be b…
5 V.I.C. § 1307 Commitment for refusal to obey writ
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If the person to whom the writ is directed refuses after service to obey the same, the court, upon affidavit, shall issue an attachment against such person, directed to any officer, commanding him forthwith to apprehend such person and bring him immediately before such court or j…
5 V.I.C. § 1308 Return
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(a) The person upon whom the writ is served shall state in his return, plainly and unequivocally—(1) whether he has or has not the party in his custody or under his power or restraint; and(2) if he has the party in his custody or power, or under his restraint, the authority and c…
5 V.I.C. § 1309 Production of body
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The person or officer on whom the writ is served shall bring the body of the party in his custody or under restraint, according to the command of the writ.
5 V.I.C. § 1310 Hearing and examination of return and other matters
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Immediately after the return, the court shall proceed to hear and examine the return, and such other matters as may be properly submitted to its hearing and consideration.
5 V.I.C. § 1311 Procedure for hearing
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The party brought before the court on the return of the writ may deny or controvert any of the material facts or matters set forth in the return, or except to the sufficiency thereof, or allege any fact to show either that his imprisonment or detention is unlawful, or that he is …
5 V.I.C. § 1312 Discharge from custody or restraint
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If no legal cause is shown for such imprisonment or restraint, or for the continuation thereof, the court shall discharge such party from the custody or restraint under which he is held.
5 V.I.C. § 1313 Remand of party
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(1) If the time during which such party may be legally detained in custody has not expired, the court shall remand such party if it appears that he is legally detained in custody—(1) by virtue of process issued by a court or judge in a case where such court or judge has jurisdict…
5 V.I.C. § 1314 Grounds for discharge of prisoner
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(1) If it appears on the return of the writ that the prisoner is in custody by virtue of process from any court or judge or officer thereof, such prisoner may be discharged in any of the following cases, subject to the restriction of section 1313 of this title:(1) When the jurisd…
5 V.I.C. § 1315 Defect of form in warrant of commitment
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If any person is committed to prison, or is in custody of any officer on any criminal charge, by virtue of any warrant of commitment of a judge, such person shall not be discharged on the ground of any mere defect of form in the warrant of commitment.
5 V.I.C. § 1316 Procedure on commitment for criminal offense
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If it appears to the court, by affidavit or otherwise, or upon the inspection of the process or warrant of commitment, and such other papers in the proceedings as may be shown to the court, that the party is guilty of a criminal offense, or ought not to be discharged, although th…
5 V.I.C. § 1317 Writ for person committed on criminal charge
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Any person who has been committed on a criminal charge may be brought before a judge on a writ of habeas corpus, if the writ issues out of the proper court.
5 V.I.C. § 1318 Remand to custody
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If a party brought before the court on the return of the writ is not entitled to his discharge, and is not bailed where such bail is allowable, the court shall remand him to custody or place him under the restraint from which he was taken, if the person under whose custody or res…
5 V.I.C. § 1319 Recommitment to proper custody
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In cases where any party is held under illegal restraint or custody, or any other person is entitled to the restraint or custody of such party, the court may order such party to be committed to the restraint or custody of such person as is by law entitled thereto.
5 V.I.C. § 1320 Custody pending judgment
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Until judgment is given on the return, the court before whom any party may be brought on such writ may commit him to the custody of the Commissioner of Public Safety, or place him in such care or under such custody as his age or circumstances may require.
5 V.I.C. § 1321 Defects in form of writ
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No writ of habeas corpus shall be disobeyed for defect in form, if it sufficiently appears therefrom in whose custody or under whose restraint the party imprisoned or restrained is, the officer or person detaining him, and the court before whom he is to be brought.
5 V.I.C. § 1322 Imprisonment for same cause after discharge
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(1) No person who has been discharged by order of the court upon habeas corpus shall be again imprisoned or restrained, or kept in custody for the same cause, except in the following cases:(1) If he has been discharged from custody on a criminal charge, and is afterwards committe…
5 V.I.C. § 1323 Warrant in lieu of writ
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(a) When it appears to the court that anyone is illegally held in custody, confinement or restraint and that there is reason to believe that such person will be carried out of the jurisdiction of the court before whom the application is made, or will suffer some irreparable injur…
5 V.I.C. § 1324 Time of issue and service of writ or process
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Any writ or process authorized by this chapter may be issued and served on any day or at any time.
5 V.I.C. § 1325 Form, issue, service, and return of writs, etc
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(a) All writs, warrants, process, and subpoenas authorized by the provisions of this chapter shall be issued by the clerk of the court, and except subpoenas, shall be sealed with the seal of such court, and served and returned forthwith, unless the court specifies a particular ti…
5 V.I.C. § 1361 Remedies formerly available by writ of mandamus to compel performance of duties
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(a) In an appropriate action, or upon an appropriate motion in an action, under the practice prescribed in the Federal Rules of Civil Procedure and in this title, the Superior Court may issue a mandatory order to any corporation, board, officer, or person, to compel the performan…
5 V.I.C. § 1391 Jurisdiction of courts
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(a) The district court and Superior Court shall have original jurisdiction of any civil action of interpleader or in the nature of interpleader filed by any person, firm, corporation, association, or society having in his or its custody or possession any money or property in an a…
5 V.I.C. § 1421 Proceedings and orders reviewable
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Any party to any proceeding before or by any officer, board, commission, authority, or tribunal may have the decision or determination thereof reviewed for errors therein as prescribed in this chapter and rules of court. Upon the review, the court may review any intermediate orde…
5 V.I.C. § 1422 Grounds for writ
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The writ of review shall be allowed in all cases where there is no appeal or other plain, speedy, and adequate remedy, and where the officer, board, commission, authority, or tribunal in the exercise of his or its functions appears to have exercised such functions erroneously, or…
5 V.I.C. § 1423 Powers of court on review; appeal
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Upon the review provided for in this chapter, the court has the power to affirm, modify, reverse, or annul the decision or determination reviewed, and, if necessary, to award restitution to the plaintiff, or, by mandate, direct the officer, board, commission, authority, or tribun…
5 V.I.C. § 1451 Damages where contributory negligence has been proven
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(a) In any action based upon negligence to recover for injury to person or property, the contributory negligence of the plaintiff shall not bar a recovery, but the damages shall be diminished by the trier of fact in proportion to the amount of negligence attributable to the plain…
5 V.I.C. § 1471 Short title and declaration of purpose
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(a) This chapter may be cited as “The Virgin Islands Civil Procedure for Victims of Stalking Act” and its general purposes are to:(1) Assure that victims of stalking are granted the maximum protection from abuse that the law can provide;(2) Create a flexible and speedy remedy to …
5 V.I.C. § 1472 Definitions
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(1) As used in this chapter:(1) “Stalking” means purposely and repeatedly following another person and engaging in a course of conduct or making a credible threat with the intent of annoying or placing that person in reasonable fear of death or bodily harm or injury and causing e…
5 V.I.C. § 1473 Procedural requirements
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(a) An adult person who is a victim of stalking may seek relief under this chapter by filing with the Magistrate Division of the Superior Court a verified petition on a form provided by the court. A verified petition must allege sufficient facts to establish the following:(1) The…
5 V.I.C. § 1474 Hearing, temporary orders
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(a) Prior to a hearing, upon good cause shown, the court on motion of a party may enter such temporary relief orders as it considers necessary. (b) No later than 10 days after the petition is filed under section 1473, a hearing must be held at which the parties shall have an oppo…
5 V.I.C. § 1475 Orders, duration of orders and costs
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(a) The Superior Court may issue a protection from stalking order granting any or all of the following relief:(1) Restraining the defendant or anyone acting on behalf of the defendant from following, harassing by personal, telephonic, or computerized contact, or by any other form…
5 V.I.C. § 1476 Notice of Protection Orders
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A copy of all protection from stalking orders issued pursuant to this chapter must be served upon the parties, and copies provided to the Virgin Islands Police Department.