PART 5 - FORMS AND START OF PROCEEDINGS
Part 5 FORMS AND START OF PROCEEDINGS
|Documents to be attached to the form||Rule 5.2|
|Proceedings are started by issue of application form||Rule 5.3|
|Where to start proceedings||Rule 5.4|
|Filing documents with and sending documents to the court by e-mail||Rule 5.5|
(1) Subject to rule 14.10(2) and (3), the forms referred to in a practice direction, shall be used in the cases to which they apply.
(2) A form may be varied by the court or a party if the variation is required by the circumstances of a particular case.
(3) A form must not be varied so as to leave out any information or guidance which the form gives to the recipient.
(4) Where these rules require a form to be sent by the court or by a party for another party to use, it must be sent without any variation except such as is required by the circumstances of the particular case.
(5) Paragraph (2) does not apply to the forms annexed to the Maintenance Regulation, or to an Article 11 form.
(6) Nothing in this rule requires a party to reveal any particulars referred to in rule 29.1(1) if notice of those particulars is given to the court in accordance with rule 29.1(2).
Documents to be attached to a form
Subject to any rule or practice direction, unless the court directs otherwise, a form must have attached to it any documents which, in the form, are –
(a) stated to be required; or
(b) referred to.
Proceedings are started by issue of application form
(1) Proceedings are started when a court officer issues an application at the request of the applicant.
(2) An application is issued on the date entered in the application form by the court officer.
(Rule 29.7 requires an application form to be authenticated with the stamp of the court when it is issued)
(1) A practice direction may make provision for documents to be filed with or sent
to the court by e-mail.
(2) Any such practice direction may—
(a) provide that only particular categories of documents may be filed with or sent to the court by such means;
(b) provide that particular provisions only apply in specified courts or court offices; and
(c) specify the requirements that must be fulfilled for any document filed with or sent to the court by such means.