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PART 3E+WCASE MANAGEMENT

GENERAL RULESE+W

The duty of the partiesE+W

3.3.—(1) Each party must―

(a)actively assist the court in fulfilling its duty under rule 3.2, without or if necessary with a direction; and

(b)apply for a direction if needed to further the overriding objective.

(2) Active assistance for the purposes of this rule includes―

(a)at the beginning of the case, communication between the prosecutor and the defendant at the first available opportunity and in any event no later than the beginning of the day of the first hearing;

(b)after that, communication between the parties and with the court officer until the conclusion of the case;

(c)by such communication establishing, among other things―

(i)whether the defendant is likely to plead guilty or not guilty,

(ii)what is agreed and what is likely to be disputed,

(iii)what information, or other material, is required by one party of another, and why, and

(iv)what is to be done, by whom, and when (without or if necessary with a direction);

(d)reporting on that communication to the court―

(i)at the first hearing, and

(ii)after that, as directed by the court; and

(e)alerting the court to any reason why―

(i)a direction should not be made in any of the circumstances listed in rule 3.2(4) or (5) (The duty of the court: use of live link or telephone facilities), or

(ii)such a direction should be varied or revoked.

Commencement Information

I1Rule 3.3 in force at 5.10.2020, see Preamble