Where the paper proving a litigation representative's authority is a private document, what may the court order the representative to do, and from whom must that certification come?
General information · Not legal advice
Material to check
In a practice file we read the paper the litigation representative filed to show their authority, checking whether it is a private document rather than an official or notarised one; we also look for any order of the court directing certification and for the certified paper returned in its place.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading states the rule narrowly: the court may, where the document required to prove the representative's authority is a private document, order the litigation representative to obtain certification from a notary or another person handling notarisation work, so certification follows a court order rather than arising automatically.
Another reading stresses that the order is discretionary, since the provision says the court 'may' order it, and that it is addressed to the litigation representative, leaving open what follows for acts already performed before any certification order is made or complied with.
Your judgment
If a representative performs an act in the case before any certification order is made, what in the file would show whether that act still rests on the private document?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may certify or to make certification automatic for private documents, or if a court decision clarifies the effect of an uncertified private document on a representative's acts.