Kerala High Court Notifies E-Filing Rules

The Kerala High Court has notified its Electronic Filing Rules For Courts (Kerala), 2021 (Rules) for Courts across the state. The new rules prescribe e-filing for all cases in courts in Kerala. A person who is unable to access the e-filing portal is required to visit a 'designated counter', paying required fees. Files having a size greater than 10 MB will have to be filed at a designated counter. Filing to be done on the court website/dedicated court filing portal created The Rules provide that online electronic filing shall be done for the High Court at the High Court website or a portal assigned specifically for electronic filing by the Chief Justice. Online electronic filing shall be made either at the website of the Subordinate Courts or Tribunals or at the web portal created specifically for filing in the particular courts, it is stated. The Court is permitted to allow regular filing if all other methods fail. The Rules require advocates/parties-in-person to register in the Court Electronic Filing Portal, the procedure for which will be published soon on the court website. The account user ID allotted by the Registry must be connected to a mobile number and working mail ID, the Rules stipulate.Other highlights Inappropriate conduct using the account would result in suspension.The rules prescribe the format for documents, requiring all documents to be in OCR searchable PDF or PDF A format. Video or Audio files may also be attachedAn electronically-filed document shall bear either a Digital Signature of the filer or be authenticate electronically filed documents by electronic verification using Electronic Mail Address (e-mail) or mobile phone number-based OTP authentication. If not, the e-filer is allowed to sign physical copies of the document and scan the same.The Rules also allow for electronic service of summons via the e-filing system, email, epost or other system. This will function in addition to procedures for summons under law.The date of Electronic Filing for the purpose of computing limitation shall be taken as the date when the Action is electronically received in the Registry within the time [Indian Standard Time] prescribed under the relevant Act/Rules and orders issued from time to timeWhen Electronic Filing is not possible on the Electronic Filing Web Portal of the Court due to any technical failure or system maintenance or other exigencies, then the Electronic Filer can Electronically File through the Designated Counters during the working hours of the Court.The person shall not be permitted to claim exemption from the period of limitation, on the ground that there was failure of the Electronic Filing facility.The Rules allow advocates well as Registry to take hard copies of the pleadings for use in Court/official purpose.Opposite parties may also, by a written request, seek hard copies of pleadingsCaveators may also receive copies of the pleadingsThe files will be secured and separately encrypted on an exclusive server Importantly, the Court is allowed to make allowances as and when necessary to reduce hardship.Click here to download the Rules

Kerala High Court Notifies E-Filing Rules

Lydia Suzanne Thomas

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