Rule 55.8 The hearingF1

At the hearing fixed in accordance with rule 55.5(1) or at any adjournment of that hearing, the court may—

Where the claim is genuinely disputed on grounds which appear to be substantial, case management directions given under paragraph (1)(b) will include the allocation of the claim to a track or directions to enable it to be allocated.

Except where—

any fact that needs to be proved by the evidence of witnesses at a hearing referred to in paragraph (1) may be proved by evidence in writing.

• (Rule 32.2(1) sets out the general rule about evidence. Rule 32.2(2) provides that rule 32.2(1) is subject to any provision to the contrary)

Subject to paragraph (5), all witness statements must be filed and served at least 2 days before the hearing.

In a possession claim against trespassers all witness statements on which the claimant intends to rely must be filed and served with the claim form.

Where the claimant serves the claim form and particulars of claim, F3the claimant must produce at the hearing a certificate of service of those documents and rule F46.17(2)(a) does not apply.