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s 2.28

Documents accepted for filing—removal from Court file and storage

In force
Chapter 1Introductory provisions
Part 2Registry and documents
Division 2.3Lodging and filing documents

2.28 Documents accepted for filing—removal from Court file and storage

(1)

A document which has been accepted for filing will be removed from a Court file if:

(a)

the Court has ordered that the document be removed from the Court file:

(i)

on its own initiative; or

(ii)

on the application of a party under rule 6.01 or subrule 16.21(2); or

(b)

for an affidavit—the Court has ordered that the affidavit be removed from the Court file:

(i)

on its own initiative; or

(ii)

on the application of a party under subrule 29.03(2); or

(c)

the Court is satisfied that the document:

(i)

is otherwise an abuse of process of the Court; or

(ii)

should not, under rule 2.27, have been accepted for filing.

(2)

A party may apply to the Court for an order under subparagraph (1)(c)(i) or (ii) that a document be removed from the Court file.

(3)

A document removed from a Court file under this rule must be stored:

(a)

if an order mentioned in this rule specifies a way to store the document—in the way specified in the order; or

(b)

otherwise—as directed by the District Registrar.

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