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This Part is referred to in: Part 34 (34.13A), PDP 47 (49A.9), (49A.9), Civil Recovery PD (2.1), (3.1), (7B.2), Immigration & Asylum Appeals (Fast Track Procedure) Rules 2003 (3), (3), (3), (3), Baring v Coopers Lybrand [42], Graham v Chorley District Council [24], Leofelis SA v Lonsdale Sports Ltd [113], Moat Housing Group South Ltd v Harris [20], Moulai v Deputy Public Prosecutor in Creteil France [72].
This Part is referred to in the following SIs: Civil Procedure (Amendment) Rules 2006 (3), Immigration & Asylum Appeals (Fast Track Procedure) Rules 2003 (3), (3), Court of Protection Rules 2007 (24), Immigration & Asylum Appeals (Fast Track Procedure) Rules 2003 (3), Civil Procedure (Amendment No. 5) Rules 2003 (6), (Notes), Court of Protection Rules 2007 (Notes), Immigration & Asylum Appeals (Fast Track Procedure) Rules 2003 (3).

Part 5 COURT DOCUMENTS

Scope of this Part
5.1   

This part contains general provisions about –

(a)   documents used in court proceedings; and
(b)   the obligations of a court officer in relation to those documents.
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Preparation of documents
5.2   
(1)   Where under these Rules, a document is to be prepared by the court, the document may be prepared by the party whose document it is, unless –
(a)   a court officer otherwise directs; or
(b)   it is a document to which –
(i)   Revoked
(ii)   CCR Order 25, rule 8(9) (reissue of warrant where condition upon which warrant was suspended has not been complied with); or
(iii)   CCR Order 28, rule 11(1) (issue of warrant of committal),

applies.

(2)   Nothing in this rule shall require a court officer to accept a document which is illegible, has not been duly authorised, or is unsatisfactory for some other similar reason.
This Rule is referred to in the following SIs: Civil Procedure (Amendment No. 4) Rules 2001 (3).
Rule 5.2 amended w/e from 25 March 2002.
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Signature of documents by mechanical means
5.3   

Where any of these Rules or any practice direction requires a document to be signed, that requirement shall be satisfied if the signature is printed by computer or other mechanical means.

This Rule is referred to in: PDP 05 (1).
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Register of claims
5.4   
(1)   A court or court office may keep a publicly accessible register of claims which have been issued out of that court or court office.
(2)   Any person who pays the prescribed fee may, during office hours, search any available register of claims.

(The practice direction contains details of available registers).

This Rule is referred to in: Part 76 (76.34), appforwarrant_comp_act2002 (3.2), pd-ca12 (12.1.1.), PDP 05 (4.3), PDP 08c (2), (3), PDP 19b (6.6), (6.6), PDP 54b (3.1), PDP 64b (2), (3), Civil Recovery PD (9.1), Competition Act Warrant PD (3.2), PDR 85 (2), (3), Chancery Guide - Ch 26, App 1 (26.4), (26.5), QB Guide - Chapter 2 (2.2), (2.2), QB Guide - Chapter 4 (4.2), Comm Ct Guide - Pt B (B6.6), SCCO costs guide - Section 1 (1.6), Allan v Clibbery [66], Moscow v Bankers Trust [52].
This Rule is referred to in the following SIs: Civil Procedure (Amendment No. 2) Rules 2004 (7), (Notes), (Notes), Civil Procedure (Amendment No. 2) Rules 2005 (4), Civil Procedure (Amendment No. 3) Rules 2005 (8), (Notes), (Notes), (Notes), Civil Procedure (Amendment No.2) Rules 2006 (3), Civil Procedure (Amendment) Rules 2002 (4), Civil Procedure (Amendment) Rules 2006 (3), (3), (Notes), Civil Procedure Amendment Rules 2004 (3).
New text added to 5.4(5)(a)(i) w/e from 1 October 2005,
New text substituted for Rule 5.4 w/e from 2 October 2006,
New text substituted for Rule 5.4(3) w/e from 1 October 2005,
Note that the text of Rule 5.4 replaced w/e from 1 October 2004 and links to it from cases decided before that date may not work.
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Supply of documents to Attorney-General from court records
5.4A   
(1)   The Attorney-General may search for, inspect and take a copy of any documents within a court file for the purpose of preparing an application or considering whether to make an application under section 42 of the Supreme Court Act 1981Acts1 or section 33 of the Employment Tribunals Act 19962 (restriction of vexatious proceedings).
(2)   The Attorney-General must, when exercising the right under paragraph (1) –
(a)   pay any prescribed fee; and
(b)   file a written request, which must –
(i)   confirm that the request is for the purpose of preparing an application or considering whether to make an application mentioned in paragraph (1); and
(ii)   name the person who would be the subject of the application.
This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2006 (3), (Notes), Civil Procedure Amendment Rules 2004 (Notes).
New rule 5.4A inserted after rule 5.4 w/e from 1 June 2004.
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Supply of documents to a party from court records
5.4B   
(1)   A party to proceedings may, unless the court orders otherwise, obtain from the records of the court a copy of any document listed in paragraph 4.2A of the Practice Direction.
(2)   A party to proceedings may, if the court gives permission, obtain from the records of the court a copy of any other document filed by a party or communication between the court and a party or another person.
This Rule is referred to in: Part 76 (76.34), PDP 05 (4.5), QB Guide - Chapter 2 (2.2).
This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2006 (11), (3), (3), (Notes), (Notes).
Rule 5.4B inserted w/e from 2 October 2006.
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Supply of documents to a non-party from court records
5.4C   
(1)   The general rule is that a person who is not a party to proceedings may obtain from the court records a copy of –
(a)   a statement of case, but not any documents filed with or attached to the statement of case, or intended by the party whose statement it is to be served with it;
(b)   a judgment or order given or made in public (whether made at a hearing or without a hearing).
(1A)   Where a non-party seeks to obtain a copy of a statement of case filed before 2nd October 2006 –
(a)   this rule does not apply; and
(b)   the rules of court relating to access by a non-party to statements of case in force immediately before 2nd October 2006 apply as if they had not been revoked.

(The rules relating to access by a non-party to statements of case in force immediately before 2nd October 2006 were contained in the former rule 5.4(5) to 5.4(9). The Practice Direction to this Part sets out the relevant provisions as they applied to statements of case.)

(2)   A non-party may, if the court gives permission, obtain from the records of the court a copy of any other document filed by a party, or communication between the court and a party or another person.
(3)   A non-party may obtain a copy of a statement of case or judgment or order under paragraph (1) only if –
(a)   where there is one defendant, the defendant has filed an acknowledgment of service or a defence;
(b)   where there is more than one defendant, either –
(i)   all the defendants have filed an acknowledgment of service or a defence;
(ii)   at least one defendant has filed an acknowledgment of service or a defence, and the court gives permission;
(c)   the claim has been listed for a hearing; or
(d)   judgment has been entered in the claim.
(4)   The court may, on the application of a party or of any person identified in a statement of case –
(a)   order that a non-party may not obtain a copy of a statement of case under paragraph (1);
(b)   restrict the persons or classes of persons who may obtain a copy of a statement of case;
(c)   order that persons or classes of persons may only obtain a copy of a statement of case if it is edited in accordance with the directions of the court; or
(d)   make such other order as it thinks fit.
(5)   A person wishing to apply for an order under paragraph (4) must file an application notice in accordance with Part 23.
(6)   Where the court makes an order under paragraph (4), a non-party who wishes to obtain a copy of the statement of case, or to obtain an unedited copy of the statement of case, may apply on notice to the party or person identified in the statement of case who requested the order, for permission.
This Rule is referred to in: Part 76 (76.34), PDP 05 (4A.1).
This Rule is referred to in the following SIs: Civil Procedure (Amendment No.2) Rules 2006 (3), (3), (Notes), Civil Procedure (Amendment) Rules 2006 (11), (3), (3), (3), (3), (Notes).
Rule 5.4C inserted w/e from 2 October 2006,
Rule 5.4C(1A) inserted after rule 5.4C(1) w/e from 18 December 2006. (Gives legislative effect to the provisions of a consent order made by Keith J on 5th October 2006.).
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Supply of documents from court records – general
5.4D   
(1)   A person wishing to obtain a copy of a document under rule 5.4B or rule 5.4C must pay any prescribed fee and –
(a)   if the court’s permission is required, file an application notice in accordance with Part 23; or
(b)   if permission is not required, file a written request for the document.
(2)   An application for an order under rule 5.4C(4) or for permission to obtain a copy of a document under rule 5.4B or rule 5.4C (except an application for permission under rule 5.4C(6)) may be made without notice, but the court may direct notice to be given to any person who would be affected by its decision.
(3)   Rules 5.4, 5.4B and 5.4C do not apply in relation to any proceedings in respect of which a rule or practice direction makes different provision.
This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2006 (Notes).
5.4D inserted w/e from 2 October 2006.
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Filing and sending documents
5.5   
(1)   A practice direction may make provision for documents to be filed or sent to the court by –
(a)   facsimile; or
(b)   other electronic means.
(2)   Any such practice direction may –
(a)   provide that only particular categories of documents may be filed or sent to the court by such means;
(b)   provide that particular provisions only apply in specific courts; and
(c)   specify the requirements that must be fulfilled for any document filed or sent to the court by such means.
This Rule is referred to in: cl_ch_g (4).
This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2002 (Notes).
Rule 5.5 inserted w/e from 2 December 2002.
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Footnotes

1. 1981 c.54. Return to footnote 1
2. 1996 c.17. Return to footnote 2
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