Rule 77.14 Application for a hearing to determine the application to quash an acquittalF1F2
An application for a hearing under rule 77.13(1) must—
be made no later than 7 days after the expiry of the period allowed—
under rule 77.11(1); or
by any order made under rule 77.12(2); and
state whether a hearing is requested in order for a witness for the other party to attend to be cross-examined(GL) and, if so, the reasons for wishing the witness to attend.
The party applying for a hearing must—
serve a copy of the application notice on the other party within 4 days of filing it with the court; and
file a certificate of service.
The party served with an application for a hearing must file any representations within 5 days of service of the application notice.
Subject to paragraph (5), the court will not determine an application for a hearing unless a certificate of service has been filed pursuant to sub-paragraph (2)(b) and—
representations have been filed under paragraph (3); or
the period for filing representations under paragraph (3) has expired.
Where—
no certificate of service has been filed; and
no representations under paragraph (3) have been received after the expiry of 7 days from the date of filing the application,
the court may dismiss the application for a hearing.
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)