Rule 31.10 Procedure for standard disclosureI1

England and Wales

(1)

The procedure for standard disclosure is as follows.

(2)

Each party must make and serve on every other party, a list of documents in the relevant practice form.

(3)

The list must identify the documents in a convenient order and manner and as concisely as possible.

(4)

The list must indicate—

(a)

those documents in respect of which the party claims a right or duty to withhold inspection; and

(b)

(i)

those documents which are no longer in the party’s control; and

(ii)

what has happened to those documents.

(Rule 31.19 (3) and (4) require a statement in the list of documents relating to any documents inspection of which a person claims F1they have a right or duty to withhold)

(5)

The list must include a disclosure statement.

F2(6)

Except as provided by any rule or practice direction, a disclosure statement is a statement made by the party disclosing the documents (or, where relevant, their litigation friend)—

(a)

setting out the extent of the search that has been made to locate documents which F3they are required to disclose;

(b)

certifying that F4they understand the duty to disclose documents; and

(c)

certifying that to the best of F5their knowledge they have carried out that duty.

(7)

Where the party making the disclosure statement is a company, firm, association or other organisation, the statement must also—

(a)

identify the person making the statement; and

(b)

explain why F6they are considered an appropriate person to make the statement.

(8)

The parties may agree in writing—

(a)

to disclose documents without making a list; and

(b)

to disclose documents without the disclosing party making a disclosure statement.

(9)

A disclosure statement may be made by a person who is not a party where this is permitted by a relevant practice direction.

Annotations

Textual amendments

F1: Words in rule 31.10 substituted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 10(6)(a)
F2: Words in rule 31.10(6) substituted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 10(6)(b)(i)
F3: Words in rule 31.10(6)(a) substituted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 10(6)(b)(ii)
F4: Words in rule 31.10(6)(b) substituted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 10(6)(b)(iii)
F5: Words in rule 31.10(6)(c) substituted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 10(6)(b)(iv)
F6: Words in rule 31.10(7) substituted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 10(6)(c)

Commencement

I1: Rule 31.10 in force at 26.4.1999, see Signature

Notes on Part 31

Textual amendments

F1: Words in Pt. 31 Table of Contents inserted (6.4.2026) by The Civil Procedure (Amendment) Rules 2026 (S.I. 2026/97), rules 1(2)(a), 4(1)
F2: Words in Pt. 31 Table of Contents inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 4(a)

Modifications

C1: Pt. 31 applied (with modifications) (5.4.2010) by The Criminal Procedure Rules 2010 (S.I. 2010/60), Preamble, rule 61.9 (with rule 2)
C2: Pt. 31 applied (with modifications) (30.6.2011) by The Investment Bank Special Administration (England and Wales) Rules 2011 (S.I. 2011/1301), rules 2, 230, 251 (with rule 5)
C3: Pt. 31 excluded (30.6.2011) by The Investment Bank Special Administration (England and Wales) Rules 2011 (S.I. 2011/1301), rules 2, 55(12) (with rule 5)
C4: Pt. 31 excluded (30.6.2011) by The Investment Bank Special Administration (England and Wales) Rules 2011 (S.I. 2011/1301), rules 2, 60(11) (with rule 5)
C5: Pt. 31 modified (3.10.2011) by The Criminal Procedure Rules 2011 (S.I. 2011/1709), Preamble, rule 61.9
C6: Pt. 31 modified (1.10.2012) by The Criminal Procedure Rules 2012 (S.I. 2012/1726), rule 61.9(3)
C7: Pt. 31 excluded (7.6.2013) by The Energy Supply Company Administration Rules 2013 (S.I. 2013/1046), rules 1, 17(10) (with rules 3, 208)
C8: Pt. 31 excluded (7.6.2013) by The Energy Supply Company Administration Rules 2013 (S.I. 2013/1046), rules 1, 21(10) (with rules 3, 208)
C9: Pt. 31 modified (7.10.2013) by The Criminal Procedure Rules 2013 (S.I. 2013/1554), rule 61.9(3) (with rule 2.1)
C10: Pt. 31 excluded (31.1.2014) by The Postal Administration Rules 2013 (S.I. 2013/3208), rules 1, 21(10) (with rules 3, 210)
C11: Pt. 31 excluded (31.1.2014) by The Postal Administration Rules 2013 (S.I. 2013/3208), rules 1, 17(10) (with rules 3, 210)
C12: Pt. 31 modified (6.10.2014) by The Criminal Procedure Rules 2014 (S.I. 2014/1610), rule 61.9(3) (with rule 2.1)
C13: Pt. 31 modified (5.10.2015) by The Criminal Procedure Rules 2015 (S.I. 2015/1490), rule 33.40(3)
C14: Pt. 31 excluded (5.7.2018) by The Housing Administration (England and Wales) Rules 2018 (S.I. 2018/719), rules 1.1, 3.34(1) (with rule 1.2)
C15: Pt. 31 excluded (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rules 1, 3.34(1) (with rule 1.2)
C16: Pt. 31 excluded (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 18(11), 24(11) (with rule 4(1))
C17: Pt. 31 modified (5.10.2020) by The Criminal Procedure Rules 2020 (S.I. 2020/759), rule 33.40(3)
C18: Pt. 31 excluded (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 27(10)
C19: Pt. 31 applied (with modifications) (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 187, 192, 213
C20: Pt. 31 excluded (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 22(11)
C21: Pt. 31 excluded (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 18(12), 24(11) (with rule 2)
C22: Pt. 31 modified (6.10.2025) by The Criminal Procedure Rules 2025 (S.I. 2025/909), rule 33.38(3)
C23: Pt. 31 excluded (19.11.2025) by The Carbon Dioxide Transport and Storage (Licensed Operators) Administration (England and Wales) Rules 2025 (S.I. 2025/1135), rules 1(2)(a), 18(12), 24(11) (with rule 2(1))