Superior Court Rules

ORDER 117

PAPER, PRINTING AND COPIES OF DOCUMENTS

1. All notices required by these Rules shall be in writing, unless expressly authorised by the court to be given orally.

2. All documents to be filed or lodged in any of the offices or prepared for use in court shall be clearly and legibly written.

3. The quality and size of paper to be used in any documents to be filed or lodged in the Office of the Registrar of the Supreme Court, the Office of the Registrar of the Court of Appeal or in the Central Office and the complement to be written on such documents shall be prescribed from time to time by the President of the High Court.

[SI 485/14]

4. Copies of documents for use in court or for marking as attested or certified copies shall correspond in form with the original document.

(a) any appeal book, directions book or motion book to be lodged in the Office of the Registrar of the Supreme Court or any appeal booklet, directions booklet or motion booklet to be lodged in the Office of the Registrar of the Court of Appeal;

[SI 485/14]

5. Where pursuant to these Rules any document is required to be printed, the following provisions shall apply thereto:

(a) the document may be either printed or reproduced by type-lithography or stencil-duplicating, and such reproduction shall for the purpose of these Rules be deemed to be printing;

(b) the party printing the document shall, on demand in writing, furnish to any other party any number of printed copies, not exceeding 10, upon payment therefor at the rate of four pence per folio;

(c) as between a solicitor delivering printed copies and his client, credit shall be given by the solicitor for the whole amount payable by any other party for such printed copies;

(d) a party entitled to be furnished with a printed copy shall not be allowed any charge in respect of a written copy (except the amount payable for such printed copy), unless the court shall otherwise direct;

(e) where the document is required to be attested, a printed copy thereof shall be left with the Superintendent of Typists, or such officer or officers as may be designated by the President of the High Court for that purpose;

(f) the party or solicitor who has taken any printed copy of an affidavit shall produce the same upon every proceeding to which it relates;

(g) where the High Court, the Court of Appeal or the Supreme Court orders any document to be printed, such court may order the expense of printing to be borne and allowed, and printed copies to be furnished by and to such parties and upon such terms as may be ordered.

[SI 485/14]

6. Where any party who is entitled to a copy of any document which has been filed or prepared by or on behalf of another party, but is not required to be printed, demands a copy thereof from such last mentioned party and undertakes to pay for it at the rate of eight pence per folio, such copy shall be furnished by such last mentioned party within 24 hours after such demand, or within such other time as the court may direct, on payment of the proper charges therefor; and if such copy shall not be furnished within the time aforesaid, the party seeking the same shall be at liberty to procure a copy from the office in which the original has been filed and in such case the solicitor making default in furnishing such copy shall not be entitled to any costs in respect of the copy applied for.

7. Where a party or his solicitor refuses to deliver a copy of any document which ought to be delivered by him or does not deliver the same within the time aforesaid, an addition of two clear days shall be made to the period within which any proceedings which may have to be taken after obtaining such copy ought to be so taken.

8. (1) Every copy of a document furnished by a party or his solicitor to another party shall be clearly and legibly written on paper of durable quality of the same size as, and corresponding in form with, the original document; and the number of folios therein shall be certified thereon by the solicitor furnishing the same and, if such certificate be erroneous, the costs of such copy may be disallowed in whole or in part.

(2) The name and address of the party or the name and registered place of business of the solicitor by whom a copy of any document is furnished shall be indorsed thereon in like manner as upon documents filed in court, and such party or solicitor shall be answerable for the same being a true copy of the original.

9. The note prescribed by Order 40, rule 11, shall be printed on every printed copy of an affidavit and copied on every copy of an affidavit furnished to any party.

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