Article 38

1.          If a decision as referred to in Article 37 has been taken by a party other than an administrative authority, the interested party may address a written petition to the Court of first instance of Sint Maarten to order the responsible party to grant or reject a request as referred to in Articles 27, 28 or 30(2) or to honour or not to honour an appeal as referred to in Articles 32 or 31.

2.          The petition must be submitted within six weeks of the receipt of the response of the responsible party. If the responsible party has not responded within the set term, the petition must be submitted within six weeks of the expiration of that term.

3.          The court shall grant the petition, to the extent that it judges this to be well-founded. Before making its decision, the court shall give the interested parties an opportunity to present their views, if necessary.

4.          A petition need not be submitted by an attorney of record.

5.          Section 3 of Title 5 of Book 2 of the Code of Civil Procedure is likewise applicable.

6.          The court may ask the parties and others to submit written explanations within a term that it sets and to submit documents they possess. The responsible party and interested parties are required to comply with this request.