On 31 January 2025, a new statutory instrument came into force providing for significant changes to the Rules of the Superior Courts ("RSC").1 The changes facilitate the digitalisation of civil proceedings in the High Court, Court of Appeal and Supreme Court and will reduce the current reliance on paper and hard copy documents.
The new rules will implement reforms first envisaged by the Civil and Criminal Law (Miscellaneous Provisions) Act 2020Opens in new window in response to challenges faced by the courts as a result of the COVID-19 pandemic. However, the changes will not be fully effective until the detail as to how they will function is set out in court practice directions, which have not yet been published.
Electronic Filing and Service Permitted
The courts are now authorised to allow the use of digital delivery as an alternative to any method by which a document could be filed, lodged, issued or transmitted.
The new rules, including a new Order 117 of the RSC, provide a framework for:
- the issuing of digital originating summonses;
- the entering of an appearance by digital means;
- the use of electronic means as a permitted method of service; and
- the digital lodging or filing of documents with the court.
These changes should greatly simplify the filing and service of documents where they remove the need to print, file and serve physical hard copy versions. The requirement to provide documents to the court in printed form is also eliminated in such cases.
Statements of Truth – More Convenient Than Affidavits
A new Order 40A has also been inserted into the RSC to lay down procedural rules for the introduction of statements of truth.
This means that where digital delivery is authorised, parties will be able to deliver a statement of truth in place of a sworn affidavit. This applies to statements of truth made both within or outside the jurisdiction. The entitlement to cross-examine, or to apply to cross-examine, remains and applies to the maker of a statement of truth as it would to any person who has sworn an affidavit.
A statement of truth may be signed electronically and must include the following statements:
"I have an honest belief that the facts stated in this Statement of Truth are true."
"I understand that it is a crime to make a Statement of Truth if I do not honestly believe it is true."
"I understand that if I make a false Statement of Truth, I may have to go to prison, pay a fine, or both."
The removal of the need for an affidavit, which is required to be sworn and witnessed, will make the submission of written evidence more simple and convenient.
Footnote
1. S.I. No. 13 of 2025 Rules of the Superior Court (Digital) 2025
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