41Overarching obligations certification by parties on commencement of civil proceeding

41 Overarching obligations certification by parties on commencement of civil proceeding (1) Each party must personally certify that the party has read and understood the overarching obligations and the paramount duty. (2) The overarching obligations certification must be— (a) filed with the first substantive document in the civil proceeding filed by the party; and (b) otherwise in accordance with the rules of court. (3) Despite subsection (1), if a party is represented by a litigation guardian or similar representative, the litigation guardian or similar representative may make the overarching obligations certification. S. 41(4) inserted by No. 62/2012 s. 13. (4) Despite subsection (1), if a party has no meaningful control over the conduct of a civil proceeding by virtue of a statute or a contract of insurance, the person in control by virtue of the statute or contract of insurance may make the overarching obligations certification. **Example** An insurer may make the certification instead of a party. S. 41(5) inserted by No. 62/2012 s. 13. (5) Despite subsection (1), a party who is represented by a legal practitioner is not required to make the overarching obligations certification if— (a) the party is currently involved, or has been involved, in more than one civil proceeding and has personally made the overarching obligations certification in other civil proceedings in the same jurisdiction within— (i) a period specified by rules of court; or (ii) if no period is specified by rules of court, 2 years prior to the current proceeding; and (b) the legal practitioner of that party certifies, in accordance with the rules of court, as to the matters specified in paragraph (a).