Filing of cases in Kerala High Court from January 1, 2022 will be through electronic mode (e-filing)..A notice to that effect was issued by the High Court on Saturday, January 1. However, what is interesting is that despite filing cases via e-filing, lawyers will have to submit two sets of physical copies of the e-filed cases."All fresh files and miscellaneous matters like interlocutory applications, objections, counter-affidavits, etc shall be e-filed with effect from January 1, 2022.The counsel concerned shall present two sets of physical copies of e-filed cases, by taking print out from the dashboard, after verification order sheet shall be attached along with the physical copies as is being done at present," the notice issued by the High Court said.In case of vakalath, a scanned copy of the same should be uploaded, it further said.In civil cases, the valuation shall be shown as per the existing practices, the notice clarified..With respect to civil cases/petitions which require presentation in person, the petitioner shall present the physical copy of the e-filed petition in person, in compliance with the statutory provisions..The notice also prescribes the time schedule for e-filing and the presentation of physical copies..E-filing has been a contentious issue in Kerala High Court with the Bar bodies opposing the same citing that clerks will fall out of work if filing goes completely online. .The Kerala High Court Advocates Association (KHCAA) has been consistent in its opposition to the Electronic Filing Rules for Courts (Kerala) 2021 (E-filing rules) introduced by the High Court to regulate the online electronic filing system and facilities which provide for electronic filing in the High Court.The E-filing rules had stoked controversy with the KHCAA and the Bar Council of Kerala registering protests against the same and threatening to boycott the rules.Subsequently, the Bar Council of India had also addressed a letter to the Chief Justice of Kerala High Court, Justice S Manikumar, urging that the High Court administration reconsider the new rules.On May 16, 2021, they had called for the deferment of the implementation of the E-filing rules with the KHCAA deciding to boycott the rules following a general body meeting held the same day.It was also decided that all training programmes related to e-filing would be boycotted.In a letter dated June 4, 2021, the Chairman of the Bar Council of Kerala, Joseph John, and the President of the Kerala High Court Advocates' Association, Advocate Thomas Abraham had written to the Chief Justice of India, NV Ramana and to the Chief Justice of Kerala, S Manikumar, requesting that orders be passed for the immediate suspension of the electronic filing system in the Kerala High Court.The High Court later modified the e-filing rules. However, in July 2021, the Association issued a notice cautioning members of disciplinary proceedings if they resort to filing of cases via e-filing mode.The KHCAA have also been vocal in their opposition of virtual hearings, going so far as to organise a protest meet against the non-resumption of physical hearings at the High Court and subordinate courts in the State.Physical hearings resumed at the Court on November 22, 2021. However, lawyers and litigants are still able to opt for virtual hearings if they wish to..[Read Notice]
Filing of cases in Kerala High Court from January 1, 2022 will be through electronic mode (e-filing)..A notice to that effect was issued by the High Court on Saturday, January 1. However, what is interesting is that despite filing cases via e-filing, lawyers will have to submit two sets of physical copies of the e-filed cases."All fresh files and miscellaneous matters like interlocutory applications, objections, counter-affidavits, etc shall be e-filed with effect from January 1, 2022.The counsel concerned shall present two sets of physical copies of e-filed cases, by taking print out from the dashboard, after verification order sheet shall be attached along with the physical copies as is being done at present," the notice issued by the High Court said.In case of vakalath, a scanned copy of the same should be uploaded, it further said.In civil cases, the valuation shall be shown as per the existing practices, the notice clarified..With respect to civil cases/petitions which require presentation in person, the petitioner shall present the physical copy of the e-filed petition in person, in compliance with the statutory provisions..The notice also prescribes the time schedule for e-filing and the presentation of physical copies..E-filing has been a contentious issue in Kerala High Court with the Bar bodies opposing the same citing that clerks will fall out of work if filing goes completely online. .The Kerala High Court Advocates Association (KHCAA) has been consistent in its opposition to the Electronic Filing Rules for Courts (Kerala) 2021 (E-filing rules) introduced by the High Court to regulate the online electronic filing system and facilities which provide for electronic filing in the High Court.The E-filing rules had stoked controversy with the KHCAA and the Bar Council of Kerala registering protests against the same and threatening to boycott the rules.Subsequently, the Bar Council of India had also addressed a letter to the Chief Justice of Kerala High Court, Justice S Manikumar, urging that the High Court administration reconsider the new rules.On May 16, 2021, they had called for the deferment of the implementation of the E-filing rules with the KHCAA deciding to boycott the rules following a general body meeting held the same day.It was also decided that all training programmes related to e-filing would be boycotted.In a letter dated June 4, 2021, the Chairman of the Bar Council of Kerala, Joseph John, and the President of the Kerala High Court Advocates' Association, Advocate Thomas Abraham had written to the Chief Justice of India, NV Ramana and to the Chief Justice of Kerala, S Manikumar, requesting that orders be passed for the immediate suspension of the electronic filing system in the Kerala High Court.The High Court later modified the e-filing rules. However, in July 2021, the Association issued a notice cautioning members of disciplinary proceedings if they resort to filing of cases via e-filing mode.The KHCAA have also been vocal in their opposition of virtual hearings, going so far as to organise a protest meet against the non-resumption of physical hearings at the High Court and subordinate courts in the State.Physical hearings resumed at the Court on November 22, 2021. However, lawyers and litigants are still able to opt for virtual hearings if they wish to..[Read Notice]
