PART 24SUMMARY JUDGMENT

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.