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In order to guarantee lawyers and other law agents of civil litigations to exercise their rights to consult the materials relating to the cases they represent, and to ensure the smooth progress of litigations, the following provisions on the range and methods for law agents' consulting of the materials relating to the cases they represent are hereby made in accordance with Article 61 of the Civil Procedure Law of the People's Republic of China: Article 1. Lawyers and other law agents of civil litigations have the right to consult the materials relating to the cases they represent. However, law agents' consulting of case materials may not affect the hearing of cases. A law agent may consult the materials relating to the case it represents for the purpose of applying for retrial. Article 2. The people's court shall provide convenience for the law agents' consulting, and shall have the place for consulting. The clerk of the case or other staffs of the court shall be present if necessary. Article 3. If a law agent needs to consult the case-relating materials during the litigation, it shall contact with the clerk or judges of the case in advance; to consult the materials relating to a concluded case, the agent shall contact with the staffs of the relevant department of the court. Article 4. To consult the materials relating to a case, a law agent shall show his lawyer certificate or identification card, or other valid certificates. And the agent shall fill in the file consulting form of case-relating materials. Article 5. The case materials that a law agent may consult during the litigation are limited to the case hearing files and the originals of the execution files, including the bill of complaint, statement of defense, court trial records and various kinds of evidence materials. After the case is concluded, the originals of the case hearing files may be consulted. Article 6. After consulting the case-relating materials, a law agent shall return all the case materials it consulted to the clerk or other staffs responsible for keeping the case files. The clerk or other court staffs shall check the returned case materials at the presence of the law agent, and sign on the file consulting form if they believe there is no mistake. The file consulting form shall be attached to the files. The law agent may not carry the case materials it consulted out of the consulting place designated by the court. Article 7. A law agent may make extracts or duplications when consulting case materials. Case materials involving state secrets shall be dealt with pursuant to the relevant state provisions. Consent of the case file keeper is required for photocopying of the case materials. To photocopy the materials relating to a concluded case, the law agent may request the department of case file management to put a stamp on the photocopied materials for confirmation. Necessary charges may be collected for photocopying case materials. Article 8. A law agent shall keep confidential any state secrets, business secrets or personal privacy involved in the case materials it consulted. Article 9. The law agent may not alter, damage or draw out the case materials when consulting. The people's court may treat the law agent who altered, damaged or drew out the case materials by referring to Item (1) of Paragraph 1 of Article 102 of the Civil Procedure Law. Article 10. These Provisions shall be referred to where the parties to civil cases consult the case-relating materials. Article 11. These Provisions shall come into force on the day of promulgation. |
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