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The Civil Procedure Rules 1998

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Changes over time for: Section 23.7

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Service of a copy of an application noticeE+W

23.7—[F1(1) A copy of the application notice must be served—

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

(b)at least 3 days before the court is to deal with the application unless a different time limit is stated in a rule, practice direction or court order.]

(2) If a copy of the application notice is to be served by the court, the applicant must, when [F2they file] the application notice, file a copy of any [F3supporting written evidence].

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

(a)a copy of any [F4supporting written evidence]; and

(b)a copy of any draft order which the applicant has attached to [F5the] 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 [F6may] 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.

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Rule 23.7(1) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(7)(a)

F2Words in rule 23.7(2) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(7)(b)(i)

F3Words in rule 23.7(2) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(7)(b)(ii)

F4Words in rule 23.7(3)(a) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(7)(c)(i)

F5Word in rule 23.7(3)(b) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(7)(c)(ii)

F6Word in rule 23.7(4) inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(7)(d)

F7Words in rule 23.7(5) omitted (1.10.2023 immediately after S.I. 2023/572 comes into force) by virtue of The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(7)(e)

Commencement Information

I1Rule 23.7 in force at 26.4.1999, see Signature

Yn ôl i’r brig

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