How to Obtain Litigation Documents for Your Case

After civil legal proceedings are commenced, certain documents are produced as part of the process. Some of these documents are produced by a party in the case, and some are produced by the court or tribunal itself. Here are some examples: 


Orders

Notice of Hearing

Pleadings

Witness Statements

Exhibits 

List of Documents


You should have copies of all litigation documents which have been sent out, so far, in your case and, when you instruct a barrister, the barrister will need to see them, or at least some of them.

It is possible, however, that you may not have copies of some of these documents which have been sent out. For example you may have received them but misplaced them. Or it may be that, up until recently, you have engaged a solicitor and your solicitor has these documents but you do not (if you engage a solicitor the documents received from the other party and the tribunal would normally be sent only to your solicitor because your solicitor’s address will have been on the court/tribunal file as your “address for service” and even if your solicitor has sent you documents for signature you might have sent them back after signature without keeping a copy).

It is also possible that although you have all the pages of all the documents they have become separated - perhaps because you did not realise the significance of them being bound together - and it is not clear what goes with what. For example, a pleading document might refer to certain documents saying "copies of these documents are attached". If you have detached the documents referred to, although you still have them, it then becomes unclear which out of all the documents you have are the ones being referred to in the pleading (a pleading will not attach all documents but only certain key ones so knowing precisely what document was attached, and therefore is being referred to in the pleading, is crucial) so in this case you need to obtain a fresh copy of the complete pleading with attachments.

Whatever the reason why you do not currently have all these documents, you will need to obtain copies. You may be able to obtain copies from a variety of sources as follows:-

  • From the court or tribunal office
  • If the other side is represented by solicitors you can ask them to send you PDF copies of the documents you need.
  • If you have previously engaged solicitors then you can get copies of documents from them. 

For further information about how to recognise, and obtain copies of, litigation documents, see here if yours is court case or here if it is a tribunal case.


Disclaimer

This information page is designed to be used only by clients of John Antell who have entered into an agreement for the provision of legal services. The information in it is necessarily of a general nature and is intended to be used only in conjunction with specific advice to the individual client about the individual case. This information page should not be used by, or relied on, by anyone else. 

This page was lasted updated in November 2016          Disclaimer