Guidelines for ... non-personal filing for Supreme Court and High Court offices.
Order 117A of the Rules of the Superior Courts allows court users to have the option of lodging court documents in the Supreme Court Office and in the offices attached to the High Court by post, or through a document exchange service (DX), or by depositing them in a box provided for that purpose at each office.
General conditions for use of non-personal filing in Supreme Court and High Court offices.
These conditions are to be read together with Order 117A of the Rules of the Superior Courts.
While Supreme and High Court offices will take all reasonable precautions to avoid loss or damage to documents submitted, court users use this method of lodging documents at their own risk.
Documents shall not be deemed to have been delivered to the court office to which they are addressed unless they are lodged in compliance with Order 117A and these conditions.
Instructions for using non-personal filing.
- ‘Non-personal filing’ means sending documents to a court office by post, or through a document exchange service, or by leaving them in the secure deposit box for that office.
- Before you send or deposit your documents make sure that you have paid the prescribed court fees on each document. Do not send cash, cheques or postal orders for fees to court offices. If you do so, the cash, cheque or postal order and the documents will be returned to you with the documents, which will not be deemed to be filed.
- You must include with your documents a covering letter containing the information that will identify the case(s) for which the document(s) are being filed (that is the title and record number of a case or the name of the deceased person if the documents are for the Probate Office) and the name, address, telephone and email contact details for the firm of solicitors, or the law agent if applicable, or the sender in the case of a self-represented litigant, for the court office to send you copy documents or queries.
- Court offices will communicate with the solicitors named on document(s) lodged unless any law agent who is acting in the matter clearly indicates their name and address on each document they are dealing with.
- Documents sent by non-personal filing which do not comply with the requirements of the office will be returned to sender with a query note. They will not be deemed to have been lodged in the office to which they were sent.
- You must enclose a sufficiently stamped, self-addressed envelope with each document / set of documents you are lodging.
- You must place the documents you are lodging in a sealed envelope that is clearly addressed to the office in which you are lodging them. This applies to all forms of non-personal filing, including filing by using the secure deposit box for any office.
- If you are sending documents to more that one office you must use separate envelopes for each office. If you send the documents to the wrong office, or if you include documents for several offices in an envelope addressed to one office, the office will return those documents to you and the documents will not be deemed to be filed.
- For all forms of non-personal filing, any documents which a court office is returning to the person who delivered it will be returned by post, where posted,or by DX where lodged by DX.
- Documents lodged via a secure deposit box will be returned by post unless a DX address is supplied. No facility is available for court users tocollect documents lodged through any form of non-personal filing, including lodgement by a secure deposit box.
- All offices will continue to open to the public in accordance with Order 118 of the Rules of the Superior Courts (from 10:00 a.m. to 4:30 p.m. Monday to Friday)
Special conditions applicable only to non-personal filing in the Principal Probate Registry can be found on the Probate Legislation and Rules page of this website.
Common errors in non-personal filing:
1. Prior to submitting documents make sure that you:
- have paid the correct court fees and stamped each document.
- do not send cash, cheques or postal orders for fees to court offices. If you do, these will be returned and your document will not be filed.
- have enclosed a sufficiently stamped, self-addressed envelope with each document / set of documents you are lodging. If you do not, the documents will be filed but not returned.
2. Documents received which do not comply with the requirements of the office will be returned to sender with a query sheet. They will not be filed.
The most common queries are set out below:
- The correct record number must be set out on the document.
- The correct title is set out on the document.
- The solicitors on record for the other side must be addressed correctly on a notice or the litigant in person.
- The Chief Registrar is addressed on the motion.
- If submitting a personal injury summons, ensure you are using a High Court format and not the format for the Circuit Court.
- The original summons, the version without a court fee.
- The affidavit includes the name, address, description / occupation of the deponent and states that they are over 18.
- The jurat in the affidavit includes:
» The address where the affidavit is sworn
» The date on which the affidavit is sworn
» The name of the solicitor/commissioner before whom the affidavit is sworn and this can be easily read
3. Documents will only be accepted from the solicitor on record.
4. For all forms of non-personal filing, any documents being returned to the person, will be returned by post, where posted, or by DX where lodged by DX.
This page updated: 30 November 2016