Date of filing
38E.—(1)  Where an application or a document is filed with, served on, delivered or otherwise conveyed to the Court using the electronic system and is subsequently accepted by the Court, the application or document is deemed to be filed, served, delivered or conveyed on the date and at the time that the first part of the electronic transmission of the application or document is received in the electronic system.
(2)  Despite paragraph (1), where the filing, service, delivery or conveyance of an application or a document through the electronic system is unsuccessful or delayed because of a failure or inability of the electronic system to transmit or process the application or document, the Court may —
(a)in the case of an unsuccessful transmission — require the individual or entity who filed, served, delivered or conveyed the application or document (called in this rule the relevant individual or entity) to file, serve, deliver or convey the application or document afresh through the electronic system; and
(b)in the case of a delayed transmission — cause the electronic system to reflect an earlier date and time than the date and time mentioned in paragraph (1) on the application of the relevant individual or entity.
(3)  Where the Court causes the electronic system to reflect an earlier date and time under paragraph (2)(b), that earlier date and time is deemed for all purposes to be the date and time on and at which the relevant application or document was filed, served, delivered or conveyed.
(4)  If the Court is satisfied for any reason that an application or a document should be treated as having been filed with, served on, delivered or otherwise conveyed to the Court at some earlier date and time, rather than the date and time mentioned in paragraph (1) or (2), the application or document is deemed to be filed, served, delivered or conveyed on the date and at the time that the Court accepts the document, as reflected in the Court’s computer system.
[S 910/2022 wef 30/11/2022]