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Rule 77.10 Notice to defendant (acquitted person)F1F2

(1)

Within 7 days of the claim form being issued by the court, the claimant must serve on the defendant (the acquitted person) a copy of the claim form and the documents which accompanied it.

(2)

The documents referred to in paragraph (1) must be accompanied by a notice informing the defendant that—

(a)

the result of the application may be the making of an order by the High Court quashing the acquittal; and

(b)

the defendant must, if wishing to respond to the application, file—

(i)

within 14 days of service of the claim form an acknowledgment of service; and

(ii)

within 28 days of service of the claim form any witness statement on which the defendant wishes to rely.

(3)

The claimant must file as soon as practicable after service of the notice on the defendant a certificate of service together with a copy of the notice.

Annotations

Textual amendments

F1

Pt. 77 inserted (6.4.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rule 1(b), Sch.

F2

Pt. 77 Section 2 inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rule 1(2), Sch. 4

Notes on Part 77

Textual amendments

F2

Words in Pt. 77 Table of Contents substituted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 10(a)(i)

F3

Words in Pt. 77 Table of Contents inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 10(a)(ii)

F4

Words in Pt. 77 Table of Contents inserted (31.12.2025) by The Civil Procedure (Amendment No. 3) Rules 2025 (S.I. 2025/1229), rules 1(1), 3(1)