PART 24SUMMARY JUDGMENT
Evidence for the purposes of a summary judgment hearingI124.5
1
If the respondent to an application for summary judgment wishes to rely on written evidence at the hearing, he must—
a
file the written evidence; and
b
serve copies on every other party to the application, at least 7 days before the summary judgment hearing.
2
If the applicant wishes to rely on written evidence in reply, he must—
a
file the written evidence; and
b
serve a copy on the respondent,
at least 3 days before the summary judgment hearing.
3
Where a summary judgment hearing is fixed by the court of its own initiative—
a
any party who wishes to rely on written evidence at the hearing must—
i
file the written evidence; and
ii
unless the court orders otherwise, serve copies on every other party to the proceedings,
at least 7 days before the date of the hearing;
b
any party who wishes to rely on written evidence at the hearing in reply to any other party’s written evidence must—
i
file the written evidence in reply; and
ii
unless the court orders otherwise serve copies on every other party to the proceedings,
at least 3 days before the date of the hearing.
4
This rule does not require written evidence—
a
to be filed if it has already been filed; or
b
to be served on a party on whom it has already been served.