Rule 57.23 Requirement to provide informationF1F2
An application for an order under section 12(1) of the 2013 Act must be supported by evidence and must in particular—
specify or describe the information in respect of which the order is sought;
set out the reasons why the person making the application believes that the person against whom the order is sought is likely to have such information; and
include any further details, where known, of the missing person which are likely to assist in providing the information sought.
The person making the application must serve a copy of the application notice on the person against whom the order is sought, and on every other party to the proceedings (within the meaning of section 20(2) of the 2013 Act), at least 14 days before the date fixed for the hearing of the application.
An application for discharge or variation under section 12(6) of an order made under section 12(1) may be made without notice unless the court directs otherwise.
Annotations
Textual amendments
- F1
Pt. 57 inserted (15.10.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rule 1(b), Sch. (with rule 19)
- F2
Pt. 57 Section 5 inserted (1.10.2014) by The Civil Procedure (Amendment No. 6) Rules 2014 (S.I. 2014/2044), rule 2, Sch.
Notes on Part 57
Textual amendments
- F2
Pt. 57 heading substituted (31.7.2019) by The Civil Procedure (Amendment No. 2) Rules 2019 (S.I. 2019/1034), rules 1(1), 3
- F3
Words in Pt. 57 Table of Contents inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 4 Pt. 1
- F4
Words in Pt. 57 Table of Contents inserted (1.10.2014) by The Civil Procedure (Amendment No. 6) Rules 2014 (S.I. 2014/2044), rules 2, 10(b)
- F5
Words in Pt. 57 Table of Contents inserted (31.7.2019) by The Civil Procedure (Amendment No. 2) Rules 2019 (S.I. 2019/1034), rules 1(1), 4