SC tweaks its new Rules: Ends A4 dictatorship, to record not just seniors and 1 junior
SC tweaks its new Rules: Ends A4 dictatorship, to record not just seniors and 1 junior
The Supreme Court has reversed two minor amendments in its Supreme
Court Rules 2013: A4 won’t be the sole paper format accepted, and that
all lawyers’ attendance should be recorded by the court master instead
of just seniors and one of their juniors.
The Supreme Court Bar Association (SCBA) has unsuccessfully tried to convince the Supreme Court to stay the operation of the new rules, but practical concerns seemed to have convinced the court to at least amend one of the new rules slightly.
In a notification today, the court stated:
1.
The provisions of Order XV (Petitions Generally) of the Supreme Court
Rules, 2013 as regards size of the paper to be used for filing the
petition shall continue to be governed as per the Supreme Court Rules,
1966, until further orders.
2. The Note appended to Form 30, Fourth Schedule, Supreme Court Rules, 2013 shall be read as under until further orders:
"Note:
Court Master shall ensure to record appearance in the Record of
Proceedings of all the Senior Advocate(s)/AOR/Advocate(s) who are
physically present and appearing in the Court at the time of hearing,
duly recognized by the AOR."
Paper shuffle
Order XV of the 2013 rules
specified that all petitions must be printed or typed on standard A4
size paper and contain the email address of the advocate-on-record
(AOR).
However, the 1966 rules
allowed for a variety of paper sizes, including “standard petition
paper, demy-foolscape size, [or of the size of 29.7cm x 21cm]” – which
is the A4 format. It also does not require the email address of the AOR.
Record everyone
Form
30 in the Fourth schedule, under the 2013 rules, would have required a
court master to only record the attendance of “Senior
Advocate/AOR/Advocate who are physically present and arguing in the
Court at the time of hearing of the matter and one Advocate / AOR each
for assistance in Court to such arguing Senior Advocate/AOR/Advocate, as
the case may be”.
The new rule notified today, requires all
advocates who are “duly recognized by the AOR” to be recorded by the
master as appearing.
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