The Family Procedure Rules 2010

Modification of rule 29.8 where the application is not freestandingE+W

This section has no associated Explanatory Memorandum

29.9.—(1) Where the court officer sends a notice under rule 29.8(3) in relation to an application which is contained in another document (“the document”) which contains material extrinsic to the application—

(a)subject to paragraph (2), the document will be treated as if it did not contain the application in respect of which the notice was served; and

(b)the court officer, when sending copies of the documents to the respondents under any provision of these rules, must attach—

(i)a copy of the notice under rule29.8(3); and

(ii)a notice informing the respondents of the effect of paragraph (1)(a).

(2) If the court determines that it is not prevented by section 8 or 9 of the 1991 Act from making the order sought by the application, the court—

(a)must direct that the document shall be treated as if it contained the application; and

(b)may give such directions as it considers appropriate for the subsequent conduct of the proceedings.