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Practice Note No. 107

REPEALED - Photocopy access to documents produced under subpoena


Date:
12/22/1999



    Purpose

    The purpose of this practice note is to facilitate access by parties to documents produced in answer to a subpoena or admitted as exhibits (produced documents). It does so by providing a scheme for uplifting and photocopying produced documents by approved firms on behalf of a party who is granted access.

    Uplifting and photocopying documents

    Parties granted access by the Court to produced documents usually prefer to make photocopies and, ordinarily, photocopy access is granted where all parties agree and there is no reason to deny or restrict such access. Often access is limited to legal representatives.

    It is in the interests of both the Court and parties that photocopy access be granted wherever practicable and appropriate, as it avoids the inconvenience of inspecting produced documents within the confines of the Registry.

    Photocopy access can often be most conveniently achieved by permitting a party to uplift produced documents and return them upon completion of copying. In deciding whether to allow uplifting, the Court takes account of concerns about security of produced documents and the prospect that, while outside the Court’s control, they may be lost, damaged, accessed by unauthorised persons or tampered with.

    To meet those concerns without causing inconvenience, this practice note establishes a mechanism which enables produced documents to be securely uplifted and copied. It does so by:

      • providing for Court approval of suitable legal copying firms (approved firms); and
      • allowing approved firms to be appointed by parties to uplift and copy produced documents.

    Procedure for use of approved firm

    Where the Court orders that a party may have access to produced documents and that access may be available in accordance with this practice note, unless the Court otherwise orders, the order will be taken to:

      • authorise the solicitor representing the party to appoint an approved firm;
      • authorise the appointed firm to uplift the produced documents from the Registry (upon producing proof of appointment),
        to make copies and to provide them to the party; and
      • require the firm to return the produced documents to the Registry within 2 days of uplifting them.
    Only a solicitor can appoint an approved firm. An approved firm may be appointed to act on behalf of more than one party

    Where a party is granted photocopy access but:
    the party declines to use an approved firm; or
    the Court declines to allow uplifting of produced documents,

        the party may ask the Registry to copy the documents. A fee per page will be payable for this service.

    Approval of copier firms

    The Chief Executive Officer and Principal Registrar may, on the Court’s behalf:

        (a) issue a certificate of approval of a legal copier firm where satisfied that the firm has:
    reliable systems for speedy, confidential and secure processing of documents entrusted to it; and
    holds satisfactory insurance coverage, lodges a bond or provides other satisfactory means of meeting claims arising from loss, damage or misuse of documents entrusted to it; or
        (b) revoke a certificate by written notice to the firm.
    The names and contact details of each approved legal copier firm will be displayed in the Registry and on the Court’s website at www.lawlink.nsw.gov.au/sc


    22 December 1999 Chief Justice




    LAW COPIER FIRMS APPROVED UNDER PRACTICE NOTE 107

    Please follow this link.


    Persons using the services of a law copier should make their own inquiries to confirm that the relevant copier firm has adequate backing or insurance cover in the event the documents uplifted are stolen, lost damaged or destroyed.


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