Order XIII - Copying under the Supreme Court Rules, 2013

Order XIII governs applications for certified and ordinary copies of judicial records in the Supreme Court of India. It explains who may apply, the prescribed form, authentication, recordkeeping and restrictions concerning confidential documents.

Who may obtain certified copies?

Rule 1 - Parties: A party to proceedings before the Supreme Court is entitled to apply for and receive certified copies of pleadings, judgments, decrees, orders, documents and depositions of witnesses made or exhibited in those proceedings.

Rule 2 - Non-parties: A person who is not a party, whether the matter is pending or disposed of, may apply for copies. The Court may allow the request where good cause is shown. Unlike parties, non-parties do not enjoy an automatic entitlement under Rule 1.

How to apply for a Supreme Court certified copy

Rule 3: An application for a certified copy (an officially authenticated reproduction of a court record) or an unauthenticated copy (a reproduction without the Court's certification) may be made in prescribed Form No. 29. An advocate-on-record or a party in person may present the application, or it may be sent by post to the Registrar, Copying Section, Supreme Court of India, New Delhi, with the prescribed copying fee for ordinary or urgent delivery.

Identify the case and the required document precisely, indicate the type of copy and urgency, and follow the latest Copying Section instructions and fee schedule. The official Supreme Court website should be checked for current administrative arrangements, including any electronic facilities.

Certification, copies and confidentiality

Rule 4: Each prepared copy must record the application date, date fixed for receiving the copy, date it became ready and date of delivery or dispatch.

Rule 5: A certified copy must be authenticated as a true copy by the Assistant Registrar, Branch Officer or another officer authorised by the Registrar and sealed with the Supreme Court seal, consistently with Order III, Rule 6.

Rule 6: Ordinarily, a certified copy cannot be issued of a registered document or of a document that is itself a copy of an original. Where such a copy is annexed to a petition, appeal, application, reply or other pleading, an ordinary copy may be supplied. An unauthenticated copy must carry an endorsement that it is not a certified copy.

Rule 7: No party or other person can demand, as of right, confidential minutes, letters, documents, sealed-cover papers or materials withheld in the public interest. Release requires a specific order of the Chief Justice or the Court.

Rule 8: The Copying Branch operates subject to guidelines and directions issued by the Chief Justice from time to time.

Order XIII - Rule-by-rule explanation

Rule 1 - Certified copies for parties

A party to a Supreme Court proceeding can obtain certified copies of the pleadings, judgments, decrees, orders, documents and witness depositions forming part of that proceeding. This is the principal entitlement established by Order XIII.

Rule 2 - Applications by persons not parties

The Court may permit a non-party to receive copies on a showing of good cause. The power extends to pending and disposed-of cases.

Rule 3 - Form and fees

Use Form No. 29 for a certified or ordinary copy. An advocate-on-record or party in person may submit it, including by post addressed to the Registrar, Copying Section, together with the applicable urgent or ordinary copying fee.

Rule 4 - Endorsements on copies

Date the application was filed.
Date fixed for receiving the copy.
Date on which the copy became ready.
Date on which it was received by, or sent to, the applicant.

Rule 5 - Officer's certification and Court seal

The authorised officer certifies the reproduction as a true copy of the original and applies the seal of the Supreme Court in accordance with Order III, Rule 6.

Rule 6 - Copies of registered documents and secondary copies

Sub-rule (1): Certified copies of registered documents or documents that are themselves copies of originals are not issued under this provision. A non-certified copy may nevertheless be supplied where such material is annexed to a pleading filed before the Court.

Sub-rule (2): Every copy other than a certified copy must be marked as not being a certified copy.

Rule 7 - Confidential and sealed material

The rule excludes any entitlement as of right to confidential or sealed-cover records, or materials whose publication is considered contrary to public interest. A specific judicial order is necessary.

Rule 8 - Administration of the Copying Branch

Copying Branch procedures are subject to directions and guidelines issued by the Chief Justice, including changes in operational arrangements.

Practical points

Certified copies may be needed for filing, evidentiary use or compliance with directions in another proceeding. A downloaded judgment or an ordinary photocopy should not automatically be treated as an authenticated certified copy. Where a document is confidential, a non-party seeks access or an unusual copy is requested, a specific judicial order may be required.

Official Supreme Court resources

The governing rules should be read with applicable amendments and current Registry directions. Order X deals separately with inspection and search of records.