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Zambia Statutory instrument

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High Court (Electronic Filling) Rules, 2012

This section is an interpretation heading for Part II on electronic filing. This section is about documents that are not permitted to be e-fiied. Section 8 is titled “Hyperlinks, bookmarks and oth…

certified copiescourt filingcourt filingscourt procedurecourt processcourt recordsdigital documentsdocument filingdocument managementdocument retentiondocument signinge-filingelectronic document serviceelectronic filingelectronic servicefeesfile transmissionfiling feeslitigation filing processproof of servicepublic access to documentspublicationrecord keepingrecords managementserviceuser account administration
Jurisdiction
Zambia
Structure
29 provisions
Citation
SI 28 of 2012
Dates
Source version 4 May 2012
More statute details
Dates
Source version 4 May 2012

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01

Purpose and legislative effect

“This section is an interpretation heading for Part II on electronic filing.”

This section is an interpretation heading for Part II on electronic filing. This section is about documents that are not permitted to be e-fiied. Section 8 is titled “Hyperlinks, bookmarks and other navigational aids.” Section 9 is about User 1D and electronic signatures for file transmission, confirmation, acceptance, and rejections. 12. Original documents to be maintained by filing party PART III SERVICE

02

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Section 2

This section is an interpretation heading for Part II on electronic filing.

Section 2

Section 24

Filing fees for conventional documents also apply to electronic documents, and an electronically filed document that needs a fee may be rejected if the fee is not paid within two days of submission.

Section 24

04

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Source record from zambialii.org · Source version 4 May 2012

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Showing 29 of 29 provisions

Provision 27Interpretation 2
§ 2Section 2Interpretation

This section is an interpretation heading for Part II on electronic filing.

2. Interpretation PART II ELECTRONIC f !LING
Section 2Verify source

Part

PART II

§ 3Documents not permitted to be e-fiiedProvision

This section is about documents that are not permitted to be e-fiied.

3. Documents not permitted to be e-fiied
Section 3Verify source
§ 8Hyperlinks, bookmarks and other navigational aids·Provision

Section 8 is titled “Hyperlinks, bookmarks and other navigational aids.”

8. Hyperlinks, bookmarks and other navigational aids·
Section 8Verify source
§ 9User 1D and electronic signaturesProvision

Section 9 is about User 1D and electronic signatures for file transmission, confirmation, acceptance, and rejections.

9. User 1D and electronic signatures I 0. File transmission, confirmation, acceptance and rejections
Section 9Verify source
§ 12Original documents to be maintained by filing partyProvision

12. Original documents to be maintained by filing party PART III SERVICE

12. Original documents to be maintained by filing party PART III SERVICE
Section 12Verify source
§ 3Notwithstanding any other rnles of court, the following typesProvision

Certain listed documents must be filed conventionally unless the Court expressly requires electronic filing.

3. Notwithstanding any other rnles of court, the following types of documents shall be filed conventionally, unless expressly required to be filed electronically by the Court: Cap. 88 General e-filing guidelines E-filing implementation Format of e­ filcd documents Accepted file formats (a) any document required to be filed under the Criminal Procedure Code Act; (b) documents filed under seal; (c) audio recordings not expressly authorised by the Court, in writing, for f iling electronically; and (d) affidavits of service for conventionally served or filed documents.
Section 3Verify source
§ 4(I) Where a matter requires the filing ofa document, thatProvision

Some court documents may be filed electronically instead of conventionally.

4. (I) Where a matter requires the filing ofa document, that document may be filed electronically. (2) Any case participant with standing to file conventionally with the Court may file electronically in accordance with these Rules and all applicable laws and rules of Court. (3) A party appearing in person may file documents using e­ filing or conventional filing.
Section 4Verify source
§ 5All pleadings, motions, memoranda, orders and otherProvision

The Registrar must keep electronically filed court documents in electronic format and treat them as the Court’s original official record.

5. All pleadings, motions, memoranda, orders and other documents electronically filed in a matter shall be maintained in electronic format by the Registrar and shall be maintained as the original and official record·ofthe Court.
Section 5Verify source
§ 6(I) A filing party shall ensure that an electronically filedProvision

A filing party must format electronically filed documents to match applicable filing and procedure rules; the Registrar cannot reject a document only because it does not substantially conform to a specific rule.

6. (I) A filing party shall ensure that an electronically filed document is formatted in accordance with the applicable rules governing formatting of paper documents, rules of procedure and such other formats as the Court may require: Provided that those formats shall not cause participants to a matter to invest significant resources in making changes to the document. (2) The Registrar shall not reject a document solely for the reason that it is not in substantial conformity with a specific rule of procedure or written law.
Section 6Verify source
§ 7(1) A participant may electronically transmit a documentProvision

Participants may electronically file documents in specified formats, and parties and other case participants must submit proposed orders electronically in Word format.

7. (1) A participant may electronically transmit a document in Microsoft Word, Microsoft Works, Microsoft Excel, Rich Text 4th May, 2012 Statutory Instruments 175 Format, WordPerfect, Portable Document Format and any standard nonproprietary graphic formats. (2) All documents electronically fiied shall, upon acceptance and filing by the Registrar, be converted to Portable Document Format in compliance with the requirements set out in these Rules. (3) The Court may require a participant to produce the original of a scanned exhibit that has been filed electronically by the participant. (4) Parties and other case participants shall ensure that all proposed forms of order are submitted electronically in a Microsoft Word file format.
Section 7Verify source
§ 8Section 8Provision

Electronically filed documents may include hyperlinks and similar aids, but hyperlinks are not part of the filed document or court record. The Registrar must register every party and practitioner and give each a chosen username and password.

8. (I) An electronically filed document may include hyperlinks, bookmarks and other electronic navigational aids for the convenience of the Court. (2) A hyperlink shall not form part of the filed document. (3) Each hyperlink shall contain a text reference to the target of the link. (4) Notwithstanding anything contained in these Rules, a hyperlink shall not form part of the official court record and shall not be preserved in electronically fiied documents submitted and stored on the Registrar's electronic document management system. ( l) The Registrar shall register every party and practitioner and provide each with a personally selected user name (ID) and password.
Section 8Verify source
§ 9Section 9Provision

This section sets rules for electronic filing: the Registrar must scan uploaded documents for viruses, notify filers about receipt or status, and stamp accepted filings. Participants may use electronic signatures, and electronic filers remain responsible for proper filing and copies.

9. (2) The user name referred to in sub-rule (I) shall, when used in conjunction with the personally selected password, constitute a signature of the registered participant on documents submitted to the Court or by the Court. (3) Notwithstanding sub-rule (2), a participant may apply an electronic signature to a document to be submitted to the Court. (4) In order to ensure the intent of the filing participant, the signature line on an electronically filed document shall bear the printed name of the filing participant preceded by the symbol "/s/". (5) An electronic document may be signed by the Registrar through the use of a printed signature preceded by the "/s/" symbol or through the use of the Court's e-filing Manager (EFM) application judicial signature stamp. (6) The e-filing M:mager (EFM) application judicial signature stamp shall be merged with the electronic document and shall be visible when the document is printed and viewed electronically. Hyperlinks, bookmarks and other electronic navigational aids User ID and electronic signatures 176 Statuto,y Instruments 4th May, 2012 File transmission, conflnnation, acceptance and rejection (7) A document requiring the signature of a party or participant or other identifying indicators shall be filed with the court in paper format and scanned and maintained consistent with applicable record retention schedules and archival rules. I 0. (1) The Registrar shali upon completion of the transmission of an electronic document for filing, immediately scan the document for viruses. (2) Where the document transmitted under sub-rnle {I) is free from infection, the document shall be deemed submitted and the Registrar shall send an acknowledgment ofreceipt of the document to the filing participant. (3) A document which has been successfully received shall be reviewed for compliance with all standard filing practices and, ifit complies with the standards, shall be accepted and deemed filed as of the date and time it was received by the Registrar's e-filing system, (4) Where a document is infected, the Registrar shall discard and send the document with a notice to the filing participant that the document was infected and has not been filed. (5) A notice under sub-rule ( 4) shall be sent to a filing participant or any authorised thirdparty facilitating entity and shall set forth the grounds for rejection. (6) A party whose document has been rejected may re-submit any rejected document with appropriate corrections. (7) A document received under sub-rule (4) shall be received subject to such review, payment ofapplicable fees and acceptance by the Registrar. (8) The Registrar shall, upon completion of the electronic filing review process, send notification of the filing's status and, ifaccepted, the official file date and time of the filing. (9) A document accepted for filing by the Registrar shall be electronically file stamped with the time and date of filing and the name of the Registrar accepting the filing, and the words "ELECTRONICALLY FILED." (10) The file stamp referred to in sub-rule (9) shall be merged with the electronic document and shall be visible when the document is printed and viewed online. (11) An electronically filed document that does not bear an electronic file stamp shall be deemed to be incomplete. 4th May, 2012 Statutory Instruments 1 77 ( 12) An e-filing file stamped in accordance w ith these Rules shall have the same force and effect as documents filed in the conventional manner. 1 1. A participant who f iles a document electronically shall-have the same responsibility as a person filing a document in paper format for ensuring that the document is properly filed, complete and legible and that the appropriate copies have been provided to other parties in the case. Responsibility for filing
Section 9Verify source
§ 12Section 12Provision

If a party files documents electronically, it generally must not send a courtesy paper copy unless the Court orders it, and must keep original signed documents available.

12. (1) Notwithstanding any other rules of court, a party who files any document electronically w ith the Registrar shall not submit a courtesy paper copy of the document to the Court unless ordered by the Court to do so. O r i g i n a l documents t o be main taine d by ffl in g party (2) Where the Act requires a pleading or affidavit to be attested or sworn to, the original signed affidavit or pleading shall be maintained by the advocate or selfrepresented litigant and produced in its original form within five days at the demand of another party or the Court: Provided that the original hard copy shall be maintained by the filing party. (3) An affidavit may bee-filed but the filing party shall maintain the signed original. PART III SERVICE
Section 12Verify source

Part

PART III

§ 14Proof of serviceProvision

Copies of this Statutory Instrument can be obtained from the Government Printer in Lusaka for K5000 each.

14. Proof of service Copies of this Statutory instrument can be obtained from the Government Prime,; PO. Box 30136, 10/0/ Lusaka. PriceK5000each. 172 Statutory Instruments 4th May, 2012 PARTN GENERAL PROVISIONS
Section 14Verify source
§ 22Special instructions where rules not complied withProvision

Section 22 is titled “Special instructions where rules not complied with.”

22. Special instructions where rules not complied with
Section 22Verify source
§ 23Judicial transfers outside an e-filing comiProvision

Judicial transfers outside an e-filing COMI are mentioned, but no operative rule is provided in the source text.

23. Judicial transfers outside an e-filing comi
Section 23Verify source
§ 24FeesProvision

This section gives the title of the rules and says they are made under section 44 of the High Court Act.

24. Fees ' , 4th May, 2012 Statutory Instruments 173 !N EXERCISE of the powers contained in sectionforty-four of the High Court Act, the following Rules are hereby made: PART I PRELIMINARY I. These Rules may be cited as the High Court (Electronic Title Filing) Rules, 2012.
Section 24Verify source
§ 13Section 13Provision

If e-filing supports electronic service, that service must follow applicable court rules; if it does not, the filing party must serve the other parties in the usual conventional way.

13. ( I) W here electronic service is available through the provided e-filing system, electronic service shall comply w ith all applicable court rules. (2) Where the e-fil ing system does not provide a means for electronic service, the filing party shall serve other parties with any filed process or document as would be done when filing a document conventionally.
Section 13Verify source
§ 14Section 14Provision

An electronically served document is treated as received when it reaches the relevant server, and the served party must disprove service if it wants to challenge it.

14. (I) Where a document has been served electronically, the document sha!l be deemed to have been received when it has arrived at the server for incoming communications in connection with which the user ID or signature is associated. (2) Where a document has been served electronically, the burden of disproving the service shall be w ith the served party. E l ectro n i c to service other parties Proof of ser­ vice 178 Statuto1y Instruments 4th May, 2012 PART IV GENERAL PROVISIONS Public access Lodgement documents Printing of e­ filed document s Certified copie s
Section 14Verify source

Part

PART I

§ 2In these Rules, unless the context otherwise requiresInterpretation

This section defines key terms used in the Rules, including “case management system,” “e-filing,” “filing,” and “Registrar.”

2. In these Rules, unless the context otherwise requires- Interpretation "case management system" means the system used by the Registrar and the Courtto calendar, assign and track cases; "conventionally file" means the act of filing or serving of paper documents; "document management system" means the electronic document storage and imaging system maintained by the Registrar; "e-filing" means electronic transmission of an original document to the Court; "electronic service" means electronic tr�nsmission of a document to parties as required by a written law and rules of a court and as designated by the filing party; "electronic document'' means an original document filed with the Registrar in electronic format; "filing" means the act of submitting documents, electronically or in paper form, to the Registrar for filing; "hyper link" means an electronic connection or reference to another place in a document, such that when selected, the user is taken to the portion of the document to which the hyperlink refers; "ID" means a unique user identification; "parties" means the parties related to a case, including a plaintiff and defendant or an advocate representing a plaintiff or defendant; "PDF" means portable document format, a file format that preserves all fonts, formatting colours and graphics of any source document, regardless of the application platform used; "Registrar" means a Registrar or Deputy Registrar appointed under section seven of the Act; "TIFF" means a Tag Image File Format, a standardised file format used to store imaged documents; 174 Statuto1y Instruments 4th May, 2012 "scanned document" means an electronic image created by scanning a paper document; and "source document" means the document as originally submitted to the Registrar for filing. PART II ELECTRONIC FILING Documents not permitted to bee-filed
Section 2Verify source

Part

PART IV

§ 15Section 15Provision

The Registrar must make electronically filed and scanned documents available to case participants, the Court, and the public, and maintain access to an electronic document management system. The public may access public-record documents as the Registrar stipulates.

15. (I) The Registrar shall make electronically filed and scalllled documents available to case participants, the Court and the public. (2) The public may access electronically filed and scanned documents of public record in the mallller stipulated by the Registrar. (3) The Registrar shall cause to be maintained, for the purpose of facilitating retrieval of electronically maintained documents by the public, access to an electronic document management system.
Section 15Verify source
§ 16A document required to be lodged w ith the Court and anyProvision

Documents required to be lodged with the Court, and any draft order, must be sent electronically through the provided filing system.

16. A document required to be lodged w ith the Court and any draft order shall be transmitted electronically to the Court and other parties through the provided electronic filing system.
Section 16Verify source
§ 17An electronically filed document shall be maintained in aProvision

An electronically filed document must be kept in a printable format that preserves the same content and formatting as the original file.

17. An electronically filed document shall be maintained in a printable format with the same content and formatting as if printed from its authoring program.
Section 17Verify source
§ 18A certified copy of an electronically filed document shallProvision

The Registrar must issue certified copies of electronically filed documents in the conventional manner, and when an e-filing requires a fee, must assess it and notify the filing party before accepting the document.

18. A certified copy of an electronically filed document shall not be obtained electronically and be issued in the conventional manner by the Registrar. Paymen t of filing fees I 9. Where an e-filing requires a filing fee, the Registrar shall, prior to accepting an e-filed document, assess the fee and notify the filing party to make the appropriate payment. Interruption in service
Section 18Verify source
§ 20Section 20Provision

The Court and Registrar are not liable for electronic filing transmission or receipt errors, and the Court may allow a document to be filed later as if it had been sent on the original electronic filing date in certain error cases.

20. (1) The Court and Registrar shall not be liable for any malfunction or error occurring in electronic transmission or receipt of electronically filed documents. (2) Notw ithstanding any other Rule, where an e-filing is not filed with the Registrar by reason of an error in the transmission of the document that was unmown to the sending participant or a failure to process an electronic filing after receipt, the Court may enter an order permitting the document to be filed retrospectively to the date it was sent electronically. Court orders and judgments
Section 20Verify source
§ 21Section 21Provision

The Court may issue, file, and serve documents electronically in e-file cases, subject to the Rules. If a Registrar must endorse a document, the Registrar’s typed name counts as the signature on the electronic document.

21. (1) Subject to the provisions of these Rules, the Court may issue, fi le and serve notices, orders and other documents electronically in an e-file case. (2) Where a Registrar is required to endorse a document, the typed name of the Registrar shall be deemed to be the Registrar's signature on an electronic document. • 4th May, 20 I 2 Statutory Instruments 179 Special instructions where rules not complied with Judicial transfers outside an e� filing court Fees
Section 21Verify source
§ 22Section 22Provision

The Court or Registrar may set special e-filing instructions, must notify the parties of special circumstances, may decide whether filing deadlines can be extended after rejected e-filed documents, and may require refiling or conventional filing.

22. (I) The Court or the Registrar may determine, ifnec- essary, special instructions connected with e-filing cases in the Court and shall notify the parties involved in the case through an elec­ tronic entry of any special circumstances surrounding their case. (2) The Registrar or the Court shall determine if any filing deadlines may be extended as a result of the rejection of the e-filed documents. (3) The Registrar may order the filing party to electronically refile any document that is not in compliance with these rules or may order the document to be filed conventionally.
Section 22Verify source
§ 23Where a Court transfers a case previously assigned to aProvision

If a court transfers a case from an e-filing court to a court that does not use e-filing, filing parties must file documents conventionally instead of electronically.

23. Where a Court transfers a case previously assigned to a Court participating in e-filing to a Court that is not participating in e-filing, filing parties shall no longer be required to electronically file documents .and shall file the document conventionally.
Section 23Verify source
§ 24Section 24Provision

Filing fees for conventional documents also apply to electronic documents, and an electronically filed document that needs a fee may be rejected if the fee is not paid within two days of submission.

24. (I) The filing fees applicable to a conventional document shall apply to an electronic document. (2) A document that has been electronically filed which requires to be accompanied by a fee may be rejected within two days from the date of submission of the document if payment has not been rendered. E. L. SAKALA, Chief Justice LUSAKA 27thApril, 2012 ,. 180 Statutory Instruments 4th May, 20 1 2
Section 24Verify source

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  • High Court Act

    Section 24

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