Rule 31.7 Duty of searchI1

England and Wales

(1)

When giving standard disclosure, a party is required to make a reasonable search for documents falling within rule 31.6(b) or (c).

(2)

The factors relevant in deciding the reasonableness of a search include the following—

(a)

the number of documents involved;

(b)

the nature and complexity of the proceedings;

(c)

the ease and expense of retrieval of any particular document; and

(d)

the significance of any document which is likely to be located during the search.

(3)

Where a party has not searched for a category or class of document on the grounds that to do so would be unreasonable, F1they must state this in F2their disclosure statement and identify the category or class of document.

(Rule 31.10 makes provision for a disclosure statement)

Annotations

Textual amendments

F1: Word in rule 31.7(3) substituted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 10(3)(a)
F2: Word in rule 31.7(3) substituted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 10(3)(b)

Commencement

I1: Rule 31.7 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))