Part XXII: Civil Proceedings That Do Not Use The Electronic Filing Service
- 153. Application
- 154. Information to be provided in cause papers and documents that are filed in the Legal Registry of the Supreme Court
- 155. Form of affidavits
- Binding of affidavits
- 156. Documentary exhibits to affidavits
- Dividing sheets
- More than 10 documentary exhibits
- 157. File inspection and obtaining hard copy extracts or certified true copies of documents
The directions contained in this Part shall apply to proceedings that do not require the use of the Electronic Filing Service under paragraph 104(2).
154. Information to be provided in cause papers and documents that are filed in the Legal Registry of the Supreme Court
To facilitate the contacting of lawyers having conduct of an action or charge of a matter by members of the staff of the Supreme Court, the following information shall be inserted on backing sheets of all cause papers and documents filed in the Legal Registry in the format set out:
(Name of lawyer(s) having conduct of action or charge of matter.) (Name of law firm.) (Address of law firm.) Tel : (Contact telephone number.) Ref : (File reference of law firm.)
The information is to be inserted as a block near the bottom right hand corner of the backing sheets.
155. Form of affidavits
(1) In addition to the requirements set out in paragraph 57, affidavits shall be:
- (a) on A4-ISO paper of durable quality with a blank margin not less than 35mm wide on all 4 sides of the page;
- (b) produced by printing, lithography or typewriting, and in any case not by carbon copying. A document produced by a photographic or similar process giving a positive and permanent representation free from blemishes will be treated, to the extent that it contains a facsimile of matter produced by one of the above processes, as if it were so produced. Photographic copies which are not clearly legible will be rejected;
- (c) printed or typed and double-spaced; and
- (d) printed on white paper except in bankruptcy proceedings, where the paper shall be light blue.
Binding of affidavits
(2) Affidavits of 30 pages or less (including exhibits and dividing and backing sheets) may be stapled at the top left hand corner of the paper firmly. Any affidavit (including exhibits, dividing and backing sheets) exceeding 30 pages shall be bound with plastic ring binding or plastic spine thermal binding (the plastic rings or spines to be red for plaintiffs/appellants, and blue for defendants/respondents) with a transparent plastic cover in front and at the back.
156. Documentary exhibits to affidavits
(1) The dividing sheet that separates the documentary exhibits shall be in light colour other than white, marked, typed or stamped clearly with an exhibit mark as follows:
More than 10 documentary exhibits
(2) In addition to the requirements set out in paragraph 59 (except sub-paragraphs 59(5)), when there are more than 10 different documentary exhibits in an affidavit, each document shall be flagged by means of a plastic tag, marked in accordance with the exhibit reference and such flags shall run vertically down the right edge of the exhibits evenly spaced out so as not to overlap one another. The table of contents itself shall bear the top most flag, marked “TABLE”.
157. File inspection and obtaining hard copy extracts or certified true copies of documents
(1) In order to inspect a case file in civil proceedings that do not use the Electronic Filing Service, the following procedure should be followed:
- (a) A hard copy Request should be submitted to obtain leave to inspect the case file. The Request should state the name of the person who is to carry out the search or inspection. If this person is not a solicitor, his identity card number should also be included in the Request, after his name and a copy of his identity card should be provided. The Request should also state the interest that the applicant has in the matter, and the reason for the search or inspection. If the search or inspection is requested for the purpose of ascertaining information for use in a separate suit or matter, the Request should clearly state the nature of the information sought and the relevance of such information to the separate suit or matter.
- (b) Once approval for inspection has been received from the Court, a copy of the approval should be presented at the service bureau.
- (c) After verifying the approval, the service bureau will assign the inspecting party a personal computer for the inspection to be carried out.
- (d) An inspecting party will usually be allowed 60 minutes to carry out the inspection. If a longer period is required, the service bureau may impose a charge for use of the computer. The service bureau may impose additional charges for downloading softcopies of documents from the case file undergoing inspection.
(2) Applications to obtain hard copy extracts or certified true paper copies of documents in civil proceedings that do not use the Electronic Filing Service may be made by submitting a Request in hard copy to the Legal Registry.
- (a) The intended use of the hard copy extracts or certified true paper copies should be clearly stated in the Request. The relevance and necessity of the hard copy extracts or certified true paper copies in relation to their intended use should also be clearly described.
- (b) Once approval is received from the Court, the applicant should obtain a printed copy of the approved Request and present it at the Legal Registry. After verifying that the Request has been approved, the Legal Registry will inform the applicant of any additional fees payable. Where additional fees are payable, these should then be stamped on the Request at the Cashier’s Office at the Legal Registry. Upon presentation of this stamped Request, the documents will be furnished to the applicant.
- (c) The fees prescribed by Appendix B to the Rules of Court will be payable for the above services in addition to further printing charges which may be chargeable by the Court or the service bureau for reproducing the copies in paper form.
(3) The Legal Registry will only accept Requests which are printed or typewritten on paper of good quality and signed by the solicitors concerned. Requests which have any erasure marks on them will be rejected. Requests which are double stamped (i.e. the Requests were originally short stamped and later stamped to add up to the correct fee) may be rejected.