Senior Courts (Access to Court Documents) Rules 2017

  • A correction has been made to rule 7(2)(g) on 1 July 2019 under section 25(1)(j)(i) and (iv) of the Legislation Act 2012.
9 General rights of parties to proceedings
Civil proceedings

(1)

The parties to a civil proceeding and the parties’ lawyers may, under the supervision of the Registrar or a person appointed by the Registrar,—

(a)

search and inspect the court file or any document relating to the proceeding, without paying a fee; and

(b)

copy any part of the court file or any document relating to the proceeding on paying the prescribed fee (if any).

(2)

The right under subclause (1) may be exercised at any time.

Criminal proceedings

(3)

The parties to a criminal proceeding and the parties’ lawyers have the same rights to search, inspect, and copy documents as do parties to a civil proceeding and their lawyers under subclause (1), subject to the following qualifications:

(a)

a Judge may direct that the prosecutor, defendant, or defendant’s lawyer may not access the court file or any document relating to the criminal proceeding without the permission of the Judge:

(b)

if there is more than 1 defendant in the criminal proceeding, a defendant or the defendant’s lawyer may access the court file or a document relating to the criminal proceeding only with the permission of a Judge.

Appeals: civil and criminal proceedings

(4)

The parties to an appeal (whether arising out of a civil proceeding or a criminal proceeding) to the High Court, the Court of Appeal, or the Supreme Court and the parties’ lawyers have the same rights to search, inspect, and copy documents as do parties to a civil proceeding and their lawyers under subclause (1).

Qualifications on all general rights of parties to proceedings

(5)

The general rights of the parties to civil proceedings, criminal proceedings and appeals, set out in subclauses (1) to (4), are subject to the following qualifications:

(a)

a record of a court proceeding in electronic form that is in the custody and control of the court may be copied only with the permission of a Judge:

(b)

a Judge may direct that the court file or any document relating to the appeal not be accessed by the parties or their lawyers without the permission of a Judge.

(6)

See also rule 6, which concerns general qualifications on all rights of access under these rules.

Relationship with rule 7

(7)

This rule overrides rule 7.