Courts (Electronic Filing of Documents) Rules 2012
GN No. 118 of 2012
Government Gazette of Mauritius No. 60 of 11 June 2012
THE COURTS ACT
Rules made by the Chief Justice, after consultation with the
Rules Committee and the Judges, under section 198
of the Courts Act
1.
Title
These rules may be cited as the Courts (Electronic Filing of Documents) Rules 2012.
2.
Definition
In these rules, unless the context otherwise requires or unless otherwise expressly
provided —
“computer account” means the computer account of any person using the electronic filing
system;
“document” includes any Court order, affidavit, motion, plaint with summons, pleadings,
judgment or Court process;
“electronic filing” means the electronic transmission of an original document, to and from a
Court, for the purpose of filing;
“electronic filing system” means the electronic filing system set up under rule 3;
“electronic service” means the electronic transmission of a document to a party or his
representative, or to an attorney, for the purpose of effecting the service of any process;
“electronic transmission”, in relation to a document, means its electronic transmission, by a
registered user, using the computer system provided for that purpose by the network
service provider, or by any person using the Public Service Bureau;
“Information Sheet” means an Information Sheet referred to in rule 15(1);
“law practitioner” has the same meaning as in the Law Practitioners Act;
“Master” means the Master and Registrar of the Supreme Court;
“network service provider” means the network services managed by, or under the direction
of, the Master with the approval of the Chief Justice;
“password” means a secured code used to identify and authenticate a registered user
accessing the electronic filing system;
“proceedings” means an appeal, or a civil suit, action, cause or matter, including a criminal
matter, pending before a Court;
“Public Service Bureau” means the service bureau set up under rule 6;
“registered user” means a law practitioner who has been registered by the Master so that
he may gain access to and use the electronic filing system;
“specified document” —
(a)
means a document which cannot be converted into an electronic format for the
purpose of electronic transmission through the electronic filing system; and
(b)
includes a document which is specified, by a Judge, the Master or a Magistrate, as
being a document which need not be filed through the electronic filing system;
“submission” means one or more documents which have been prepared to be transmitted
through the electronic filing system;
“transaction receipt” means a confirmation that is transmitted to a registered user, after he
has submitted a transaction, through the electronic filing system;
“user name” means a unique code used to identify and authenticate a registered user
accessing the electronic filing system.
3.
Electronic filing system
There is set up an electronic filing system for documents to be filed, served, delivered or
transmitted electronically for the purposes of any proceedings.
4.
Application of rules
These rules shall apply to the filing, service, delivery or transmission of any document,
other than a specified document, relating to any proceedings.
5.
Operation of electronic filing system
(1) The electronic filing system shall be operated in such manner as may be directed by
the Master with the approval of the Chief Justice.
(2) The electronic filing system shall be accessed —
(a) by a registered user in the manner specified in Part II; or
(b) through the Public Service Bureau.
6.
Public Service Bureau
There is set up, for the purpose of accessing the electronic filing system, a Public Service
Bureau which shall be located on such premises as may be directed by the Master.
7.
Operational costs
The services provided by the network service provider to registered users and to users of
the Public Service Bureau shall be subject to the payment of the operational costs specified in
the First Schedule.
PART II- REGISTRATION FOR USE OF ELECTRONIC FILING SYSTEM
8.
Registered user
No person shall be registered as a registered user unless he is a law practitioner.
9.
Procedure for registration
(1) Every law practitioner who wishes to be registered as a registered user shall submit an
application to the Master, using the electronic form available in the electronic filing system.
(2) Every application under paragraph (1) shall include —
(a) the name and address;
(b) the date of oath or call;
(c) the National Identity Card number;
(d) the telephone number; and
(e) the email address,
of the applicant.
(3) The law practitioner shall, on submitting an application under paragraph (1) —
(a) make arrangements with the Master for the mode of payment of all the
applicable fees and costs, including the opening of a standing account; and
(b) be responsible for making all necessary financial arrangements for his account to
meet the timely payment of such fees and costs as may be required by the
electronic filing system and these rules.
(4)
The Master may waive the requirement regarding payment, set out in paragraph (3),
in whole or in part, in relation to such registered users as he considers appropriate.
(5)
Failure by an applicant to comply with paragraph (3) may entail —
(a) the rejection of his application; or
(b) the revocation of his registration; and
(c) the striking out of any process, in respect of which there has been no payment.
(6)
The Master may register a law practitioner as a registered user, subject to such terms
and conditions as he may impose in relation to the electronic filing, service, delivery or
transmission of documents through the electronic filing system and on payment of the fees
specified in the First Schedule.
(7)
Where a registered user is registered as such, he shall —
(a) enter into a contract with the network service provider for the provision of the
network service and the software necessary for the use of the electronic filing
system;
(b) be issued with a user name and a password which shall be communicated to him
through his given email address;
(c) comply with all the terms and conditions applicable for the use of the electronic
filing system; and
(d) provide all the particulars or other information which may be required by the
Master for that purpose.
10. Revocation of registration
1)
The Master may, where —
(a) the electronic filing system has been or is being misused;
(b) a registered user has failed to keep or run an account in conformity with rule
9(3); or
(c) there has been a failure to comply with these rules, forthwith deactivate access to
the system.
(2) The Master shall, within 5 days following the deactivation of access to the system
under paragraph (1), by written notice, call upon the registered user to furnish written
explanations within such time as may be specified by the Master.
(3) The Master may —
(a) following any written explanations which have been furnished to him under
paragraph (2); and
(b) where he considers it just and reasonable to do so,
request a registered user to take such appropriate measures as he considers necessary to
remedy the situation within such time as may be specified by him.
(4) The Master may, where the registered user has failed —
(a) to provide any valid explanation; or
(b) to take any appropriate measures which he may have requested under
paragraph (3),
revoke his registration.
11. User name and password
(1) No person shall use the electronic filing system unless the Master has issued him with
a user name and a password.
(2) Where a user name or a password has been or is being misused, the Master may
revoke it.
12. Security of password
(1) Every registered user shall ensure that his password is kept secure and confidential
and shall not —
a)
divulge his password to any other person; or
(b) permit any other person to use his password.
(2) Every registered user shall be solely and wholly responsible for —
(a)
b)
the security and safety of his password; and
any consequence which may result from an unauthorised use of it.
PART III - ELECTRONIC FILING
13. Need to file documents through electronic filing system
(1)
Where a document, other than a specified document, is required to be filed with,
served on, delivered or transmitted to a Court, it shall be so filed, served, delivered or
transmitted, in a single copy, through the electronic filing system.
(2)
A Judge, the Master or a Magistrate who is responsible for any proceedings may, on
an application made, allow any document, part of the document or any class of documents to be
filed, served, delivered or transmitted otherwise than through the electronic filing system.
14. Form in which document is to be filed
(1)
Subject to paragraph (2), every document shall be filed, served, delivered or
transmitted in such form, and in accordance with such requirements, as specified in the Second
Schedule.
(2)
A Judge, the Master or a Magistrate who is responsible for any proceedings may, on
good cause shown, allow a document which does not comply with the form, or the requirements
specified in the Second Schedule, to be filed on such terms and conditions as he may think fit to
impose.
(3)
A Judge, the Master or a Magistrate may reject an uploaded document where it —
(a) does not comply with the requirements specified in the Second Schedule; or
(b) is unreadable or displays poor readability.
PART III - ELECTRONIC FILING
13. Need to file documents through electronic filing system
(1)
Where a document, other than a specified document, is required to be filed with,
served on, delivered or transmitted to a Court, it shall be so filed, served, delivered or
transmitted, in a single copy, through the electronic filing system.
(2)
A Judge, the Master or a Magistrate who is responsible for any proceedings may, on
an application made, allow any document, part of the document or any class of documents to be
filed, served, delivered or transmitted otherwise than through the electronic filing system.
14. Form in which document is to be filed
(1)
Subject to paragraph (2), every document shall be filed, served, delivered or
transmitted in such form, and in accordance with such requirements, as specified in the Second
Schedule.
(2)
A Judge, the Master or a Magistrate who is responsible for any proceedings may, on
good cause shown, allow a document which does not comply with the form, or the requirements
specified in the Second Schedule, to be filed on such terms and conditions as he may think fit to
impose.
(3)
A Judge, the Master or a Magistrate may reject an uploaded document where it —
(a) does not comply with the requirements specified in the Second Schedule; or
(b) is unreadable or displays poor readability.
15. Information Sheet
1)
The electronic filing system shall provide an Information Sheet, in tabular form,
showing —
(a) the documents which have been uploaded for every proceedings;
(b) the date and time on which each document was uploaded;
(c) the name of the party by whom the document was uploaded;
(d) the name of the party to whom it was sent; and
(e) a description of the document.
(2) A printout of any Information Sheet may be produced in Court, and shall constitute
prima facie evidence of the facts stated in the Information Sheet.
(3) It shall be conclusively presumed that the electronic filing system which generated the
Information Sheet is in proper working order.
16. Uniformity of process
Every registered user or defending litigant shall ensure that all the particulars in any
document which is filed, served, delivered or transmitted, are in conformity with the heading and
all the other particulars set out in the originating process.
17. Submission of documents to Court
(1) Every registered user, law practitioner or defending litigant intending to file, serve,
deliver or transmit one or more documents through the electronic filing system shall create a
submission, using the electronic filing system provided by the network service provider.
(2)
A submission may contain one or more documents where all the documents in that
submission relate to one set of proceedings.
(3)
Every page of a document shall be numbered, as set out in the Second Schedule, so
that the pagination on the hard copy of the document corresponds to the pagination of the
document in the electronic case file.
(4)
Where it is necessary for a document to appear in colour in a Court file, the registered
user, law practitioner or defending litigant filing, serving, delivering or transmitting that document
through the electronic filing system shall —
(a) cause the document to be scanned, using a colour scanner; and
(b) specify, in the electronic template, that the document has colour materials in it
and give all relevant details in that connection.
(5)
Where there is no reference to any document which is required to appear in colour,
the printouts of every document in a submission shall be made using a monochrome printer.
18. Signing of documents
(1)
Where a document is filed, served, delivered or transmitted through the electronic
filing system, any requirement that the document should be signed by a registered user shall be
considered to have been complied with where the authentication code, seal and signature of the
registered user have been applied to the document or transmission containing the document.
(2) Where it is necessary for the visible representation of a signature to appear on a
document —
(a) a facsimile of the signature; or
(b) an image of the manual signature, of —
(i)
a registered user;
(ii)
a Judge or the Master; or
(iii) a Magistrate,
reproduced on the document shall be considered to meet the requirement that the document is
signed.
19. Cause number and document number
1)
Where a submission is made, the electronic filing system shall automatically assign —
(a) a cause number to the submission where it concerns fresh proceedings that
have been lodged;
(b) a document number to each document within the submission where the
documents are follow-ups in proceedings which have been lodged; and
(c) the case to a Judge, the Master or a Magistrate who shall thereafter be
responsible for dealing with the proceedings.
(2) Notwithstanding paragraph (1)(c), the Chief Justice may assign the proceedings to
another Judge, the Master or another Magistrate, as the case may be.
20. Acceptance or rejection of document
Where there has been a failure to comply with any of these rules or any procedural
requirement, the Judge, Master or Magistrate to whom proceedings have been assigned may —
(a)
reject any document filed, served, delivered or transmitted
through the electronic filing system; and
(b)
make any order as to costs.
PART IV - SERVICE AND COMPUTATION OF TIME
21. Date of filing
(1)
Where a document is filed, served, delivered or transmitted through the electronic
filing system, that document shall be considered to have been filed, served, delivered or
transmitted —
a) where the document is filed, served, delivered or transmitted by electronic
transmission, on the date and at the time when the transmission is received in the
computer account of the network service provider;
(b) where the document is filed, served, delivered or transmitted through the Public
Service Bureau, on the date and at the time when the transmission is received in
the computer account of the Public Service Bureau.
(2)
(a) Where a Judge, the Master or a Magistrate is satisfied that, for any reason, a
document should be treated as having been filed, served, delivered or transmitted to him, or
issued at some earlier date and time than the date and time provided for in paragraph (1), he
may cause the electronic filing system to reflect such earlier date and time.
(b) The earlier date and time specified in subparagraph (a) shall, for all purposes, be
considered to be the date and time on and at which the document was filed, served, delivered,
transmitted or issued.
(3) Where evidence of —
(a) the filing, service, delivery or transmission of any document; or
(b) the date and time when that event took place,
is required, a registered user or a defending litigant may produce a printout of the Information
Sheet available on the electronic filing system.
22. Service of documents
(1) Subject to paragraphs (2) and (3), where a document has to be served personally on a
person, the service may be effected —
a)
by a Court Usher or registered usher; or
(b) by any other mode of service prescribed by law.
(2) (a) A Court Usher shall file the return of service personally into the electronic filing
system.
(b) A registered usher shall file his return through the attorney or the defending
litigant who retained his services.
(3) Where service is effected by —
(a) a Court Usher or registered usher;
(b) post; or
(c) any other mode of service ordered or approved by the Court,
the attorney or defending litigant shall cause the return or proof of service to be filed or
transmitted in a document using the electronic filing system.
(4)
Where it can be proved that a person who has to be served personally with a
document has agreed that the document may be served on him through the electronic filing
system, the service may be so effected.
(5)
Where service of a document is required to be effected by a person on another
person, and the person on whom the document has to be served —
(a) is a registered user; or
(b) is represented by an attorney who is a registered user and upon whom service
may be effected,
the service may be effected through the electronic filing system or the Public Service Bureau.
(6)
In this rule —
“service of a document” includes the delivery or transmission of a document.
23. Date from which time starts to run
(1)
Where a document filed, served, delivered or transmitted by electronic transmission
to a Judge, the Master or a Magistrate has to be served on or communicated to another party,
the delay for the service of that document shall run from the time the document is received in
the computer account of the network service provider, unless otherwise ordered by the Judge,
the Master or the Magistrate.
(2)
Where a document filed with, or otherwise transmitted to, a Judge, the Master or a
Magistrate through the Public Service Bureau, has to be served on or communicated to another
party, the delay for the service of that document shall run from the time when the document is
received in the computer account of the Public Service Bureau, unless otherwise ordered by the
Judge, the Master or the Magistrate.
(3)
The time limit for the application of, or answer to, any particulars, for filing a plea, a
counter-claim, a reply, and any application to strike out pleadings or to amend the pleadings
under Part II of the Supreme Court Rules 2000, shall, subject to paragraph (4), be effected
within 30 days from the date on which the document is filed or communicated, or served on the
party, as the case may be.
(4)
An application referred to in paragraph (3) shall, in respect of any proceedings before
the Commercial Division of the Supreme Court, be effected within 15 days.
(5)
The time limit for the filing of an affidavit shall be 15 days or such other time limit as
may be ordered by a Judge, the Master or a Magistrate.
(6)
Failure to comply with the time limit prescribed in paragraph (3), (4) or (5) shall
prevent the attorney or the defending litigant from proceeding further with the proceedings,
unless authorised by the Judge, the Master or the Magistrate, on such terms and conditions as
may be imposed and subject to any order as to costs.
(7)
Except with the leave of the Judge, the Master or the Magistrate, on good cause
shown, and subject to such terms and conditions as may be imposed by him and any order
which he may make as to costs, no application for an extension of the time limit referred to in
paragraph (3), (4) or (5) shall be entertained.
(8)
Where there has been a failure to comply with the time limit specified in paragraph
(3), (4) or (5) or in an order made by a Judge, the Master or a Magistrate, the Judge, Master or
Magistrate may —
(a) where the defaulting party is a party initiating the proceedings, order that they be
struck out;
(b) where the defaulting party is the defendant or the respondent, order, on the
motion of the party initiating the proceedings, that the proceedings be made out
against that defendant or respondent; and
(c) make such other order as he considers appropriate in the circumstances,
including an order as to payment of costs in accordance with the Legal Fees and
Costs Rules 2000.
24. Evidence of service
(1)
Every document which is served through the electronic filing system shall be
considered to have been served on the date and at the time when the transmission is received
in the computer account of the network service provider or the Public Service Bureau, unless
evidence to the contrary is adduced by the person seeking to challenge that fact.
(2)
On a request made in writing by a person serving a document through the Public
Service Bureau, he shall be issued with an Information Sheet.
25. Amendment of electronic documents
The Chief Justice may, by practice directions, provide for the manner in which any
amendment of any document, which has been filed through the electronic filing system, may be
effected.
PART V - PRESUMPTIONS
26. Presumptions
1)
Where a document is transmitted to a computer account, with or without the authority
of a registered user, it shall be presumed, unless proven otherwise, that the document
was —
(a) transmitted accurately; and
(b) made and transmitted by the registered user.
(2) Where a document is filed, served, delivered or transmitted through the electronic filing
system, through the Public Service Bureau, and it is proved that —
(a) reasonable steps were taken by the personnel of the Public Service Bureau to
verify and record the identity of the person tendering the document to the Public
Service Bureau; and
(b) the document was filed, served, delivered or transmitted —
(i)
through the electronic filing system in the name of the person recorded by
the personnel of the Public Service Bureau; and
(ii)
in accordance with the instructions recorded by the personnel of the Public
Service Bureau,
it shall be presumed, unless proven otherwise, that the document was made and transmitted by
the Public Service Bureau for and on behalf of, and with the authority of, the person tendering
the document.
PART VI- MISCELLANEOUS
27. Formal defects
Where —
(a)
there is any change in the operation of the electronic filing system; or
(b)
the system is rendered inoperative for any reason or its operation is affected in any
manner whatsoever,
all proceedings pending or to be lodged shall be dealt with by the Court.
28. Validity of proceedings unaffected
(1)
No proceedings shall be invalidated by reason of any defect, omission or irregularity,
in the operation of the electronic filing system, unless the Judge, the Master or the Magistrate
considers that there is a risk of substantial injustice which cannot be remedied by any order of
the Court.
(2)
Where there is any defect, omission or irregularity which cannot be remedied by an
order of the Court under paragraph (1), the Court may order such alternative measures as it
thinks fit in the circumstances.
29. Existing rules
The following rules shall apply with such necessary modification and adaptation as the
context may require in order not to hinder or impede in any manner the operation of these rules
—
(a)
the Sale of Immovable Property Rules 1889;
(b)
the Ushers Rules 1953;
(c)
the Criminal Appeal Rules 1954;
(d)
the District Courts (State Proceedings) Rules 1954;
(e)
the Rules of the Supreme Court (State Proceedings) 1954;
(f)
the Court of Civil Appeal Rules 1965;
(g)
the District, Industrial and Intermediate Courts Rules 1992;
(h)
the Appeals (Skeleton Arguments) Rules 1994;
(i)
the Supreme Court Rules 2000;
(j)
the Legal Fees and Costs Rules 2000;
(k)
the Supreme Court (Judge in Chambers) Rules 2002;
(1)
the Management of Cases (Conference) Rules 2007;
(m) the Supreme Court (Preparation of Briefs) Rules 2009;
(n)
the Supreme Court (Mediation) Rules 2010; and
(o)
the Registered Ushers Rules 2012.
30. Practice directions
Where there is any inconsistency in the interpretation of these rules, or between these
rules and any other rules applicable to any Court, such inconsistency or any discrepancy in the
application of the rules shall be resolved by practice directions issued by the Chief Justice.
31. Commencement
(1)
Subject to paragraph (2), these rules shall come into operation on 1 August 2012.
(2)
The Chief Justice may fix different dates for the coming into operation of these rules
in respect of different Courts or divisions of any Court.
Made by the Chief Justice, after consultation with the Rules Committee and the Judges, on
5 June 2012.
FIRST SCHEDULE
[Rules 7 and 9(6)]
ELECTRONIC FILING - OPERATIONAL COSTS
FEES
(Rs)
1.
2.
Registered user —
(a)
user registration fee
10,000
(b)
monthly subscription fee
1,000
(c)
uploading of document for the first 5 pages
350
(d)
uploading of document, per page, in excess of 5 pages
10
Public Service Bureau —
(a)
access to the Public Service Bureau for each party in
1,000
each case
(b)
uploading of document up to 5 pages
350
(c)
uploading of document, per page, in excess of 5 pages
10
SECOND SCHEDULE
[Rules 14 and 17]
1.
Pdf format
(1)
All documents shall be scanned and converted to pdf format before being filed.
(2)
The documents may be converted in pdf format by —
(a) using Adobe Acrobat software(htlp://www.adobe.com)
(b) using other compatible pdf converter software; or
(c) printing case documents on paper, and converting these hard copies to pdf using
a scanner.
(3)
A valid pdf format shall be used.
(4)
It shall not be sufficient for a file simply to be named with a pdf extension (pdf)
inasmuch as that would not, by itself, create a valid pdf file for the purposes of electronic filing.
(5)
The Adobe pdf version used shall be minimum 1.3, or newer.
(6)
Notwithstanding the number of pages inserted in a document, each pdf file shall
not exceed 5 MB.
2. Specifications
A party filing a document shall adhere to the specifications set out in paragraphs 3, 4, 5, 6,
7, 8 and 9.
3.
Specification 1— scanning resolutions
(1) The scanning resolution shall be —
(a) 200 dpi for black and white documents; and
(b)
100 dpi for colour documents.
(2) Where the details and clarity of the image are of critical importance, filing parties may
review the scanned pdf document before filing, and try rescanning with a higher resolution
setting, until the desired level of clarity is achieved.
4.
Specification 2 — font size
The party filing a document shall —
(a)
for normal typewritten documents, select a font size of 11 points; and
(b)
for titles and other special writings, choose a font size between 10-70 pts as
appropriate, with the aim of achieving reasonable clarity and readability on the
document.
5.
Specification 3 — font types
(1) The font type for normal typewritten documents shall be regular Arial.
(2) The following font types may be used for titles and other special writings —
(a) Courier (regular, bold, italic, or bold italic);
(b) Times (Roman, bold, italic, or bold italic);
(c) Verdana (regular, bold, italic, or bold italic);
(d) Arial (regular, bold, italic, or bold italic).
6.
Specification 4 — font colours
(1)
2)
As a general rule, the font colour used shall be black.
Where the use of other colours is necessary, light colour fonts which generate poor
readability shall be avoided.
7.
Specification 5— line spaces
(1)
For normal typewritten documents, the line spacing shall be set at 1.5.
(2)
For titles and other special writings, the line spacing shall be 1.5 lines apart,
where appropriate within the document, so as to achieve reasonable clarity and readability of
the document.
8.
Specification 6— margins
(1) The party filing a document shall set page margins as follows for a normal typewritten
document —
SL No.
Margin
1
Normal
Left
Right
1”
Top
1”
Bottom
1”
1”
(2) The party filing a document shall set page margins in any of the following specifications
for titles and other special writings —
SL No.
Margin
Left
Right
Top
Bottom
1
Narrow
0.5”
0.5”
0.5”
0.5”
2
Moderate
3
Wide
0.75”
2”
2”
0.75”
1”
1”
1”
1”
(3) The specifications for margins mentioned in paragraphs (1) and (2) are specific to A4
size page setup.
(4) Notwithstanding paragraph (3), the filing party may, where necessary, change the
margins into other paper size so as to achieve reasonable clarity and readability on the
document.
9.
Specification 7— pagination
The number of each page shall be inserted at the bottom of the page and centred.
10. Other requirements
1)
Any document filed using the electronic filing system shall not contain security settings,
including self-sign security, filing party passwords or permissions that would prevent
the electronic filing system from opening, viewing or printing the file.
(2)
All security settings, including encryption, master passwords or permissions shall
be deactivated prior to being uploaded by using the electronic filing system.
(3)
No document filed using the electronic filing system shall contain embedded
scripts or executables, including sound or movie (multimedia) objects.
(4)
No document filed using the electronic filing system shall contain any multimedia,
including sound, video, animations and slideshows, 3-dimensional models or multi-page objects
(including Excel spreadsheets).
(5)
The objects mentioned in paragraphs (3) and (4) shall not be viewable in the
electronic filing system.
(6)
No page or document uploaded through the electronic filing system shall bear
any watermark or like inscription.