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The Armed Forces (Summary Appeal Court) Rules 2009

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Supplementary provisions relating to stating a case

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94.—(1) A case stated by the court shall state the facts found by the court, the submissions of the parties (including any authorities relied on by the parties during the course of those submissions), the decision of the court in respect of which the application is made and the question on which the opinion of the High Court is sought.

(2) Any time limit referred to in this Part may be extended by the judge advocate either before or after it expires.

(3) If the judge advocate decides not to state a case but the stating of a case is subsequently required by the High Court by mandatory order, rule 93 shall apply to the stating of the case save that—

(a)in paragraph (1), the words “If the judge advocate decides to state a case” shall be omitted; and

(b)in paragraph (2) for the words “receiving the notice referred to in rule 92(4)” there shall be substituted the words “the day on which the mandatory order was made”.

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