District Court Rules

ORDER 48

AUTHENTICATION AND FILING OF DOCUMENTS

1 Filing of documents

1. Except where otherwise provided by these Rules or unless the Court otherwise orders, a document is filed by the document being lodged with the Clerk assigned to the Court area in which the claim must be brought or the application made.

2 Validity of claim notice, counterclaim or third party notice

2. A claim notice, counterclaim or third party notice is valid for all purposes if it has, where necessary, been stamped to record payment of any applicable court fee, and bears the allocated Court number and the date of filing.

3 Authentication of documents in civil proceedings

3. (1) The signature of the Clerk for the time being assigned to the Court area in which the civil proceedings were brought is sufficient-

(a) to authenticate any order or document issued by the Court in civil proceedings other than an order which requires to bear the signature of the Judge; or

(b) to certify as a copy-

(i) any copy of a document issued by the Court in civil proceedings; or

(ii) any copy of a document filed in civil proceedings or sent to the Court by a party or other person.

(2) A certified copy of a document mentioned in sub-rule (1) may be provided on payment of any applicable charges to:

(a) a party or party’s solicitor;

(b) another person on the direction of the Court.

4 Orders signed by Judge

4. Any order or warrant for attachment or committal must be signed by a Judge.

5 Issue of duplicates

5. (1) Where it appears to the Court that an original judgment, order or warrant in civil proceedings has been lost or destroyed or is unavailable to the parties, or to the party entitled to it, the Court may issue a duplicate of the judgment, order or warrant.

(2) An application for a duplicate must be made on 48 hours’ notice to the opposite party and to the Clerk.

(3) Where the Court permits the issue of a duplicate judgment, order or warrant, as the case may be, the word ‘Duplicate’ must be clearly written or stamped on the face of the duplicate document.

[SI 17/14]

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