The Family Procedure Rules 2010

Service of a copy of an application notice E+W

18.8.—(1) Subject to rule 2.4, a copy of the application notice must be served in accordance with the provisions of Part 6—

(a) as soon as practicable after it is filed; and

(b) in any event—

(i) where the application is for an F1 ... order under rule 9.7 at least 14 days; and

(ii) in any other case, at least 7 days;

before the court is to deal with the application.

(2) The applicant must, when filing the application notice, file a copy of any written evidence in support.

(3) If a copy of an application notice is served by a court officer it must be accompanied by—

(a) a notice of the date and place where the application will be heard;

(b) a copy of any witness statement in support; and

(c) a copy of the draft order which the applicant has attached to the application.

(4) If—

(a) an application notice is served; but

(b) the period of notice is shorter than the period required by these rules or a practice direction,

the court may direct that, in the circumstances of the case, sufficient notice has been given and hear the application.

(5) 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.

Textual Amendments

F1 Word in rule 18.8(1)(b)(i) omitted (8.7.2013) by virtue of The Family Procedure (Amendment No. 2) Rules 2013 (S.I. 2013/1472), rules 1, 5