Section Sch1-5.81 — Senior Courts Act 2016: Affidavits and formal undertakings

5.81 Affidavits and formal undertakings (1) An affidavit or a formal undertaking may be e-filed if the e-filing complies with this rule. (2) If an affidavit or a formal undertaking is being e-filed, it must be transmitted to the court in imaged form. (3) Rule 5.78(2), (3), and (7) applies to the e-filing of an affidavit or a formal undertaking. (4) The original hard-copy form of the affidavit or formal undertaking, sworn or signed or authenticated as required by these rules, must be retained by the registered user,— (a) if the affidavit or formal undertaking is filed in connection with an application under Part 18 or 19, or in a proceeding that does not go to trial, for 12 months from the date of e-filing: (b) if it is filed in connection with a proceeding, and that proceeding goes to trial, until no appeal or further appeal from a judgment given in that proceeding is possible. (5) If uncertainty as to the content of an affidavit or formal undertaking arises, or a Judge considers that justice requires its production, the Judge, on application or on the Judge’s own initiative, may order that it be filed in court and served on the other party or parties in hard copy form, and may make such order as to a further hearing as the Judge thinks just.