If it is to be delivered via email, the sender has to be aware of the maximum size of file attached that can be received by a justice.gov address as it is an aggregate of 36Mb. An email with an attached file that is larger than that or an email which in total exceeds that size would in turn, be rejected. On the other hand, the maximum size of the attachments that can be sent to an ejudiciary.net address is 150Mb on average. It is seldom that the latter limit will cause a problem and a court-side recipient may not have an E-judiciary account. However, the former may. The solution to this could be to transmit bundles via separate emails.
Well bundled documents should not be broken into smaller bundles for the purpose of transmission, unless it is absolutely unavoidable.
If the bundles are being sent via email, the email subject line must provide the details as follows:
- Case number;
- Case name (shortest comprehensible version);
- Hearing date;
- Judge name (if known);
- The words in capital “REMOTE HEARING”.
An alternative would be to submit documents via file uploading or downloading system. It is a known fact that some solicitors would be using commercial service that provide this.
Litigant in person
An e-bundle is a collection of organized electronic copies of documents that are used for court hearings which take place remotely i.e. via telephone of video link.
The applicant is usually responsible for preparing the e-bundle. If a litigant in person is the applicant, the e-bundle should still, if possible, comply with all the above requirements. However, if it is not possible for the litigant in person to adhere with the requirements of e-bundles, a short explanation of the reasons for this must be provided to the court in advance of the hearing. When possible, the litigant in person needs to identify a viable way to overcome the problem in order for the court to consider this.
In the case where a litigant in person is an applicant and another party has legal representation, the representatives of other party should contemplate offering to prepare the e-bundle. The litigant in person would still be permitted to specify as to which documents they would consider necessary to include within the e-bundle.
Litigants in person who do not quality for legal aid or cannot access legal aid i.e. publicly funded legal assistance and whom financially do not have the resources to engage legal assistance, may want to consider going to an advice center, law center or pro-bono organization in order to see whether legal assistance can be made without cost. Though not all, but some advice centers, law centers and pro bono organizations can be reach via telephone or online.