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.