RULES OF THE SUPREME COURT 1971 - ORDER 65 RULE 19

RULES OF THE SUPREME COURT 1971 - ORDER 65 RULE 19

19 .         Return of exhibits

        (1)         This rule does not apply to or in respect of any record or thing that forms part of the Court’s record.

        (2)         After an appeal is concluded, a registrar must, unless the Court has ordered otherwise —

            (a)         return any record or thing given to the Court by the primary court to the primary court; and

            (b)         by a written notice, require the party who tendered any record or thing that was admitted in evidence by the Court to collect it from the court; and

            (c)         by a written notice, require any person who, under a subpoena, produced any record or thing to the Court that was not admitted in evidence, to collect it from the court.

        (3)         A registrar must not act under subrule (2) until —

            (a)         the time for commencing proceedings in the Court of Appeal in relation to the appeal has expired; or

            (b)         if proceedings in the Court of Appeal in relation to the appeal are commenced before that time expires, the proceedings are concluded.

        (4)         Despite subrule (3), a registrar —

            (a)         may dispose of a record or thing that the registrar considers is dangerous to retain or return to a person; or

            (b)         may release a record or thing to a person who is entitled to custody of it if the registrar considers that —

                  (i)         it is dangerous, impracticable or inconvenient to retain the record or thing under this rule; or

                  (ii)         it is necessary for that person to have use of the record or thing.

        (5)         If under subrule (4)(b) a registrar releases a record or thing to a person, the registrar may require the person, as a condition of being given it, to file a written undertaking as to the care, maintenance and custody of it and its re‑delivery to the Court.

        (6)         If a record or thing remains in the possession of the Court after reasonable steps have been taken to identify a person who is entitled to possession of it and to require the person to collect it from the court, a judge may order a registrar to destroy it or dispose of it in some other way.

        [Rule 19 inserted: Gazette 21 Feb 2007 p. 571‑2; amended: Gazette 27 Feb 2018 p. 574.]

[Orders 65A and 65B deleted: Gazette 29 Apr 2005 p. 1800.]

        [Heading inserted: Gazette 22 Feb 2008 p. 640.]