Monday May 06, 2024
Monday May 06, 2024
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By Chandani Kirinde
The Supreme Court has given notice of the new rules for electronic filing and urgent digital virtual hearings which will come into operation with effect from 15 February.
These rules cited as the Supreme Court (Electronic Filing and Urgent Digital Virtual Hearings) (Special Provisions) Rules, 2021 have been made under Article 136 of the Constitution by Chief Justice Jayantha Jayasuriya and three other judges nominated by him, namely Justices B.P. Aluvihare, P. Padman Surasena and Yasantha Kodagoda.
The rules apply for electronic filing of applications, appeals, motions and other documents pertaining to such applications and appeals, in the Supreme Court and conducting of urgent digital virtual hearings by the SC filed under these rules or existing rules.
Cases will be deemed urgent if the Judge of the SC designated by the Chief Justice considers that such application, appeal, or motion requires an urgent digital virtual hearing.
Urgent digital virtual hearings will be considered in instances where there is inability to conduct conventional physical hearings due to any reason prejudicial to national security, public safety or the order and security within the precincts of the SC and the need to make available the smooth and uninterrupted administration of justice in urgent cases.
Applications for such hearings can be made by a person by himself or through an attorney acting on his behalf and submitted through electronic mail to the Registrar of the Supreme Court addressed to the Chief Justice and other Judges of the SC.
Those seeking a digital hearing are required to state specifically and in detail the reason which warrants and justifies the hearing of the application, appeal or motion by a digital hearing and such motion shall contain the full name and contact details including the electronic mail address and mobile telephone number of the party seeking such hearing or such details of an attorney-at-law with whom the Registrar may contact for deciding for the digital hearing.
The rules also lay out the format for submitting such applications as well as relevant documents inclusive of electronic signature.
In cases where it has been decided that a case warrants an urgent digital hearing, with the view to ensuring the conduct of a proper digital hearing, every party is required to ensure that the hearing will be conducted using a real time contemporaneous or near contemporaneous internet-based video conferencing platform specified by the Registrar.
They are also required to be equipped with a properly functioning computer with a webcam, microphone and a speaker and a suitable and quiet location to be used when participating in the digital hearing.
The participating party is also required to locate himself in a place which has a non-descriptive and plain background behind him that will be displayed on the screen and be available online at least 15 minutes prior to the scheduled time of the digital hearing, to verify the proper functioning of the internet connection and network among all parties to commence the digital hearing.
Those entitled to participate at a digital hearing are attorneys of the respective parties and parties to the application, appeal, or motion or their authorised representatives with the permission of the SC. They may observe the proceedings of the digital hearing, by remaining in the vicinity of the computer used by such attorneys-at-law; parties to the application, appeal or motion not represented by an attorney-at-law and officials of the Supreme Court.
All such persons are required to inform the Registrar of their names, identification details and contact details, prior to the commencement of the proceedings of the digital hearing, including details of persons not captured within the video frame, provided however, every endeavour shall be made to have all the persons present, to be seated within the range of the webcam of the computer.
A person shall not attend or be present in the vicinity of a digital hearing unless the prior permission of the Supreme Court has been obtained for such attendance or presence and a person shall not address the Court or display any matter for the attention of the Court without obtaining prior permission from such Court.
The parties shall ensure that the webcam of the computer and the ‘video’ option in the video conferencing platform remains turned ‘on’ at all times during the digital hearing unless prior permission is obtained from the Court.
All persons are strictly prohibited from recording, copying, storing, sharing, broadcasting, telecasting or otherwise transmitting the whole or part of a digital hearing in the form of a video, audio, digital or in any other form.
All parties taking part in a digital hearing shall remain online until the Court concludes the hearing; however, a party may leave the venue from which he is participating in the digital hearing, or switch ‘off’ the ‘video’ option, with the prior permission of the Court.
A party may seek permission from the Court to adjourn the digital hearing, if such party undergoes any difficulty which requires technical assistance, until such difficulty is resolved, or an alternate system is implemented with the permission of the Court.
Proceedings relating to an application, appeal or a motion commenced or dealt with in a digital hearing, may be subsequently proceeded with, either as a further session of digital hearing or as a conventional physical hearing.
Every digital hearing shall be conducted in compliance with the existing rules of the Supreme Court generally applicable for hearings in the Supreme Court, to the greatest extent possible and be deemed to be a proceeding conducted in the Supreme Court with the physical participation of the Judges and the relevant parties.
The party or an attorney filing documents electronically in terms of these rules are required to retain the hard copies of such documents so filed in safe custody and submit them to the Registrar on the direction of the Supreme Court.
The SC rules have been published in the Gazette dated 29 January 2021.
