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The Magistrates' Courts Rules 1981

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This is the original version (as it was originally made).

Time for hearing affiliation summons

35.—(1) The time at which a summons issued under section 1 of the Affiliation Proceedings Act 1957(1), shall require the defendant to appear shall be after the day on which the birth of the child is expected.

(2) If at the time when such a summons requires the defendant to appear before a magistrates' court the complainant has not been delivered of the child, or has been so recently delivered that she is unable to appear, the court shall adjourn the hearing until a time after the complainant has been delivered and when she is able to appear.

(3) Paragraph (2) shall apply to the non-appearance of the complainant at the time fixed on any such adjournment as aforesaid as it applies to the time specified in the summons.

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