Rule 1-3 Procedure in the Absence of Controlling Rule or Virgin Islands Law

REPORTER’S NOTE Subpart (a): This Rule recognizes that — where specific guidance or requirements are not provided in the Rules of Civil Procedure, precedent from the Supreme Court of the Virgin Islands will be applicable, along with any provisions of the Virgin Islands Code. Absent such controlling law on procedures to be followed, this Rule confirms that a judge may regulate practice in any manner consistent with law of the Virgin Islands. Subpart (b): This portion of Rule 1-3 is intended to address those situations where—due to the absence of controlling statutes, Rules, or Supreme Court precedent — there is no prescribed mode of proceeding, and a judge of the Superior Court simply makes an order imposing requirements, that ruling will not be a basis for sanctions or other penalties unless the parties were given notice of the requirements by the issuance of an order providing actual notice of the requirement.