24.4
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(1)
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A claimant may not apply for summary judgment until the
defendant against whom the application is made has filed -- an acknowledgement of service; or
- a defence,
unless -- the court gives permission; or
- a practice direction provides
otherwise.
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(Rule 10.3 sets out the period for filing an
acknowledgment of service and rule 15.4 the period for filing a defence)
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(2)
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If a claimant applies for summary judgment before a
defendant against whom the application is made has filed a defence, that
defendant need not file a defence before the hearing.
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(3)
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Where a summary judgment hearing is fixed, the
respondent (or the parties where the hearing is fixed of the courts own
initiative) must be given at least 14 days notice of -- the date fixed for the hearing; and
- the issues which it is proposed that the court
will decide at the hearing.
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(4)
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A practice direction may provide for a different period
of notice to be given.
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(Part 23 contains the general rules about how to make an
application)
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(Rule 3.3 applies where the court exercises its powers of
its own initiative)
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24.5
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(1)
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If the respondent to an application for summary
judgment wishes to rely on written evidence at the hearing, he must
-- file the written evidence; and
- serve copies on every other party to the
application,
at least 7 days before the summary judgment
hearing.
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(2)
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If the applicant wishes to rely on written evidence in
reply, he must -- file the written evidence; and
- serve a copy on the respondent,
at least 3 days before the summary judgment
hearing.
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(3)
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Where a summary judgment hearing is fixed by the court
of its own initiative -- any party who wishes to rely on written evidence
at the hearing must -
- file the written evidence; and
- unless the court orders otherwise, serve
copies on every other party to the proceedings,
at least 7 days before the date of the
hearing;
- any party who wishes to rely on written evidence
at the hearing in reply to any other partys written evidence must
-
- file the written evidence in reply;
and
- unless the court orders otherwise serve
copies on every other party to the proceedings,
at least 3 days before the date of the
hearing.
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(4)
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This rule does not require written evidence
-- to be filed if it has already been filed;
or
- to be served on a party on whom it has already
been served.
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