Section 136 Production of documents filed in, or in custody of, Senior Courts.F2

England and Wales

(1)

F1Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 for providing that, in any case where a document filed in, or in the custody of, any office of the Senior Courts is required to be produced to any court or tribunal (including an umpire or arbitrator) sitting elsewhere than at the Royal Courts of Justice—

(a)

it shall not be necessary for any officer, whether served with a subpoena in that behalf or not, to attend for the purpose of producing the document; but

(b)

the document may be produced to the court or tribunal by sending it to the court or tribunal, in the manner prescribed in the rules, together with a certificate, in the form so prescribed, to the effect that the document has been filed in, or is in the custody of, the office;

and any such certificate shall be prima facie evidence of the facts stated in it.

(2)

Rules under this section may contain—

(a)

provisions for securing the safe custody and return to the proper office of the Senior Courts of any document sent to a court or tribunal in pursuance of the rules; and

(b)

such incidental and supplementary provisions as appear to the F3person making the rules to be necessary or expedient.

(3)

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Words in s. 136(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 12, 148, Sch. 1 para. 13(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7
F2: Words in s. 136 and sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)
F3: Words in s. 136(2)(b) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 12, 148, Sch. 1 para. 13(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7
F4: S. 136(3) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 12, 146, 148, Sch. 1 para. 13(3), Sch. 18 Pt. 1; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 7, 30(a)

Notes on the whole Act

Textual amendments

F1: Act: "The Supreme Court Act 1981 (c. 54) may be cited as the Senior Courts Act 1981" (1.10.2009) by virtue of the Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 1(1); S.I. 2009/1604, art. 2(d)
F2: Act: words substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)