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Status:
Point in time view as at 06/04/2017. This version of this provision has been superseded.
Status
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There are currently no known outstanding effects for the The Insolvency (England and Wales) Rules 2016, Section 12.
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Witness statements and reportsE+W
This section has no associated Explanatory Memorandum
12.28.—(1) Where the Act or these Rules require evidence as to a matter, such evidence may be given by witness statement unless—
(a)in a specific case a rule or the Act makes different provision; or
(b)the court otherwise directs.
(2) Unless either the provision of the Act or rule under which the application is made provides otherwise, or the court directs otherwise—
(a)if the applicant intends to rely at the first hearing on evidence in a witness statement or report, the applicant must file the witness statement or report with the court and serve a copy of it on the respondent not less than 14 days before the date fixed for the hearing; and
(b)where the respondent intends to oppose the application and rely for that purpose on evidence contained in a witness statement or report, the respondent must file the witness statement or report with the court and serve a copy on the applicant not less than five business days before the date fixed for the hearing.
(3) The court may order a person who has made a witness statement or report to attend for cross-examination.
(4) Where a person who has been ordered to attend fails to do so the witness statement or report must not be used in evidence without the court's permission.
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