Rule 5.9 Request for information by a party or person directly affected by a caseI1
England and Wales
This rule applies where a party, or a person directly affected by a direction or order made or warrant issued by the court, wants information about their case including information contained in materials kept by the court officer for the purposes of that case.
Such a party or person must—
ask the court officer;
specify the information requested; and
pay any fee prescribed.
The request—
may be made orally or in writing, and need not explain why the information is requested, if this rule requires the court officer to supply that information; but
must be in writing, unless the court otherwise permits, and must explain why the information is requested, if this rule does not so require.
Subject to paragraph (5), the court officer must supply to the party or person making the request—
information about the terms of any direction or order made, or warrant issued, which was—
served on, or addressed or directed to, that party or person, or
made on an application by that party or person; and
information received from that party or person (which might be, for example, to establish what information the court holds, or in case of a loss of that information by the party or person making the request).
The court officer must not supply the information requested if that information—
concerns the grounds on which a direction or order was made, or a warrant issued, in the absence of the party or person making the request;
is a recording arranged under rule 5.5 (Recording and transcription of proceedings in the Crown Court), or a copy or transcript of such a recording; or
is not readily available to the court officer (for example, because of the location or conditions of its storage).
Where the court officer must supply the information requested the supply may be, at the choice of the party or person making the request—
by word of mouth;
in writing, including by written certificate or extract from a court record; or
by a copy of a document served by, or on, that party or person (but not of a document not so served).
Where this rule does not require the court officer to supply the information requested—
the court officer must refer the request to the court; and
rule 5.10 applies.
[Note. See also rule 5.7 (The open justice principle).]