Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020
|
Chapter 4 Miscellaneous | ||
|
Use of electronic means in civil proceedings | ||
|
20. (1) Notwithstanding any other enactment or rule of law, and without prejudice to any such provision in any enactment or rules of court, rules of court may, in relation to civil proceedings, make provision for— | ||
(a) the lodgement or filing of a document with, and the making of an application to, a court by transmitting the document or application by electronic means to the court office concerned, | ||
(b) the issue by or on behalf of a court or court office, by transmitting the document concerned by electronic means, of any of the following: | ||
(i) a summons, civil bill, claim notice or other originating document; | ||
(ii) a judgment, decree or other order or determination of a court (including any judgment, decree or other order or determination entered in or issuing from a court office); | ||
(iii) any other document required under any enactment or rule of law to be issued by or on behalf of a court or court office; | ||
or | ||
(c) the transmission by or on behalf of a court or court office by electronic means of any other document or information required under any enactment or rule of law to be transmitted by or on behalf of a court or court office. | ||
(2) Where rules of court referred to in subsection (1) provide for the transmission of a document by electronic means, such rules may, in addition— | ||
(a) provide that such transmission be subject to such conditions and exceptions as may be specified in the rules, | ||
(b) in relation to the transmission of a document referred to in subsection (1)(a), require that— | ||
(i) such a document be authenticated, and | ||
(ii) the identity of the person transmitting such a document be verified, including by the provision of the personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005 ) issued to the person, | ||
in such manner as may be specified in the rules, and | ||
(c) specify whether such transmission is in place of, or is an alternative to, any other method by which such document could be filed, lodged, issued or transmitted, or such application could be made, as the case may be. | ||
(3) Rules of court may provide that, where a document that is required under any enactment or rule of law to be furnished to, or lodged or filed with, a court, is, in accordance with rules of court referred to in subsection (1), furnished to, or lodged or filed with, the court by electronic means— | ||
(a) a copy of that document transmitted by electronic means and displayed in readable form, or | ||
(b) a printed version of such a copy, | ||
shall be treated as the original of the document. | ||
(4) References, howsoever expressed, in any enactment or rule of law to— | ||
(a) the furnishing of a document to a court, | ||
(b) the lodgement or filing of a document with a court, | ||
(c) the making of an application to a court, | ||
(d) the transmission of a document to or by a court, or | ||
(e) the issue of a document by a court, | ||
shall be construed as including references to the performance of such action by electronic means, where this is provided for in rules of court referred to in subsection (1). | ||
(5) In this section, “court office” means— | ||
(a) an office of, or attached to— | ||
(i) the Supreme Court, | ||
(ii) the Court of Appeal, | ||
(iii) the High Court, | ||
(iv) the President of the High Court, | ||
(v) the Circuit Court, or | ||
(vi) the District Court, | ||
and, for the purposes of this definition, a district probate registry shall be deemed to be an office attached to the High Court, or | ||
(b) an office of the Courts Service designated by the Courts Service for the purpose of receiving documents or applications, or issuing documents, by electronic means for the purposes of any enactment or rule of law. |