The Civil Procedure Rules 1998

Evidence for the purposes of a summary judgment hearing

24.5—(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.