Order 3 — Court Documents

(1) This Order contains general provisions relating to:
(a) documents used in court proceedings; and
(b) the obligations of a Court Officer in relation to those documents.
(2) In this Order, “documents” include Forms.

(1) Where under the document is to be prepared by the Court, the document may be prepared by the Party concerned, unless a Court Officer otherwise directs.
(2) Nothing in this Rule requires a Court Officer to accept a document which is illegible, has not been duly authorised, or is unsatisfactory for such other reason as the Court may determine.

(1) A document shall not be filed unless it has endorsed on it:
(a) the title of the proceedings;
(b) the name and number of the cause, the date and time of filing;
(c) whether filed by Claimant or Defendant; and
(d) the telephone number and email address of the person filing it.
(2) Upon being filed, such document shall be initialled by the Registrar and recorded in the Cause Book.
(3) A document may be filed by:
(a) delivering it to the Registrar at the Court office; or
(b) by posting it to the Registry of the Court; or
(c) transmitting it by any electronic means of communication as may be authorised by the Chief Judge in a Practice Direction, to the Court office where the claim is proceeding or intended to proceed.
(4) A document is filed on the day it is received at the Court office or, if it is at a time when the Court office is closed, on the next day on which the Court office is open.
(5) Where a fee is to be paid, a document is not to be treated as filed until the appropriate fee is paid.

Where these Rules or a Practice Direction requires a document to be signed, that requirement is satisfied if computers or other mechanical means print or stamp the signature on the document.

(1) (a). All Court Processes shall be filed Manually and /or Electronically
(b). where filed Electronically, The Akwa Ibom State Judiciary Portal, or any other portal approved by the Chief Judge shall be used.
(2) Without prejudice to Rule 3 of this Order, there shall be established in the Court:
(a) an electronic filing system for the filing of Court processes and documents by parties;
(b) an Electronic Filing Unit in the Registry with responsibility of administering the electronic filing system of the Court and the management of processes and documents electronically filed through the Court’s electronic filing system.
(3) The Chief Judge may prescribe:
(a) the format of any document filed or to be used in the Court to facilitate electronic recording or filing of the document; and
(b) the conditions under which documents may be served or filed electronically.
(4) Where a process or document is electronically filed in accordance with this Rule after the hour of 3pm on any working day, it shall be deemed to have been filed on the next working day.
(5) The electronic filing system shall assess and generate the fees payable for every process and document sought to be filed and upon payment thereof, the system shall generate a receipt in proof of both the payment and filing.
(6) An electronic signature shall constitute the signatures of both the Registrar and the parties or their Legal Practitioners on every electronically filed process and document.

(1) A Court or Court Office may keep a publicly accessible Register of Claims which shall be a record of all claims, which have been issued out of that Court or Court Office.
(2) A person who pays the prescribed fee may, during working hours, search an available Register of Claims kept under this Rule.

(1) A party to proceedings may, unless the Court orders otherwise, obtain from the records of the Court a copy of any document.
(2) A party to proceedings may, if the Court gives leave, obtain from the records of the Court a copy of any document filed by a party or of any communication between the Court and a party or another person.

(1) A person who is not a party to the proceedings may obtain from the Court records a copy of:
(a) a Statement of Claim, Counterclaim, Defence or Reply, but not any documents filed with or attached to the Statement of Claim, Counterclaim, Defence or Reply or intended to be served with the Statement of Claim, Counterclaim, Defence or Reply;
(b) a Judgement or Order given or made in public, whether made at a hearing or without a hearing.
(2) Subject to sub-rule (1) of this Rule, a person who is not a party to the proceedings may, if the Court gives leave, obtain from the records of the Court a copy of any other document filed by a party, or of any communication between the Court and a party or another person.
(3) A person who is not a party to the proceedings may obtain a copy of a Statement of Claim, Counterclaim, Defence or Reply or Judgement or Order under sub-rule (1) of this Rule only if:
(a) where there is one Defendant, the Defendant has filed a Memorandum of Appearance or a Defence;
(b) where there is more than one Defendant, either:
(i) all the Defendants have filed Memorandum of Appearance or Defence; or
(ii) at least one Defendant has filed a Memorandum of Appearance or a Defence and the Court gives leave;
(iii) the claim has been listed for hearing; or
(iv) Judgement has been entered in the claim.
(4) The Court may, on the application of a party or of any person identified in a Statement of Claim, Counterclaim, Defence or Reply:
(a) order that a person who is not a party to proceedings may not obtain a copy of a Statement of Claim, Counterclaim, Defence or Reply under sub-rule (1) of this Rule;
(b) restrict the person or classes of persons who may only obtain a copy of a Statement of Claim, Counterclaim, Defence or Reply if it is edited in accordance with the directions of the Court; or
(c) make such other Order as it may deem fit.
(5) A person who applies for an Order under sub-rule (4) of this Rule shall file and serve a Motion on Notice on the other parties.
(6) Where the Court makes an Order under sub-rule (4) of this Rule, a person who is not a party to the proceedings who wishes to obtain:
(a) a copy of the Statement of Claim, Counterclaim, Defence or Reply; or
(b) an unedited copy of the Statement of Claim, Counterclaim, Defence or Reply,
may apply on notice to the party or person identified in the Statement of Claim, Counterclaim, Defence or Reply who requested the Order for leave.

A person who obtains a copy of a document under Rule 5 or 6 of this Order shall pay the prescribed fee and if:
(a) the Court’s leave is required, file and serve an application on notice; or
(b) leave is not required, file and serve a written request for the document.