(2002)
With a view to protect the exercise of the rights, according to laws, of a lawyer who serves as an agent ad litem and other agents ad litem to consult materials pertaining to a case, and to guarantee the smooth progress of civil proceedings, the scope of and rules for agents as litem for consulting materials pertaining to a case shall be specified as follows in accordance with Art. 61 of Civil Procedure Law of People's Republic of China:
Rule 1
A lawyer who serves, as an agent ad litem and other agent's ad litem shall have access to materials pertaining to the case, which, however, shall not prevent the case from being tried.
For the requirement of applying for a retrial, agent's ad litem may have access to materials pertaining to the case, which are already tried.
Rule 2
The people's courts shall facilitate agent's ad litem in consulting the files and provide a place for the agent ad litem to review the files. The clerk of the case or other officers or personnel of the people's courts shall attend such file review when necessary.
Rule 3
If agent's ad litem need to consult materials pertaining to a case in the proceedings, the agent ad litem shall contact the clerk or judicial officers handling the case in advance; other persons who need to consult materials pertaining the case tried, shall contact the personnel in the relative department of the people's courts.
Rule 4
Agent's ad litem shall produce their valid identification certificates such as lawyer's certificates and ID card.
Agent's ad litem shall file a consulting table for the materials consulted pertaining to the case.
Rule 5
Materials that agents ad litem can review and consult in a proceedings shall be limited to the trial files and original execution files of the case, including statements of complaint, defense filings, court records and all kinds of evidence.
The original trial files may be consulted after completion of the trial.
Rule 6
Agents ad litem shall, after consulting materials, return all materials pertaining to the case in the time stipulated to the clerk or other personnel in charge of the custody of the files.
The clerk or the other personnel of the court shall check the materials returned by agent's ad litem in their presence, and endorse the consulting table after confirmation that all consulting documents have been returned. The consulting table shall be put on record in the case file.
Agent's ad litem shall not take the materials out of the place designated by the courts as the place for the review and consulting.
Rule 7
Agent's ad litem may extract or copy the materials pertaining to the case. The materials involving State secrets shall be dealt with in accordance with the relevant provisions of the State.
Before materials pertaining to the case are copied the personnel in charge of the custody of the files must approve such copying. Agent's ad litem may require the file-managing department to seal on the copy confirmation of the materials pertaining to cases that has been terminated.
The personnel in charge of the files may charge for the basic costs to copy the material.
Rule 8
If the materials consulted involve State secrets, trade secrets or personal privacy, agent's ad litem shall keep such materials confidential.
Rule 9
Agent's ad litem shall not alter, destroy or take out the materials pertaining to the case when consulting such materials
The people's courts may deal with the agent's ad litem who alter, destroy or remove file materials contrary to the law, pursuant to the provision of Art. 102.1.1 of Civil Procedure Law.
Rule 10
These Provisions concerning the consulting of materials pertaining to cases
shall be applicable to both parties in such cases.
Rule 11
These Provisions shall go into effect on the day of their promulgation.
