Rule 88.29 Order of filing and serving material and written submissionsF1

Subject to any directions given by the court, the parties must file and serve any material and written submissions, and the special advocate must file and serve any written submissions, in the following order—

(a)

the Secretary of State must file with the court any relevant material of which the Secretary of State is aware;

(b)

the Secretary of State must serve on—

(i)

the relevant party or the relevant party’s legal representative; and

(ii)

the special advocate (as soon as one is appointed) or those instructing the special advocate,

any open material;

(c)

the relevant party must file with the court and serve on the Secretary of State and special advocate (if one is appointed) or those instructing the special advocate any written evidence which the relevant party wishes the court to take into account at the hearing;

(d)

the Secretary of State must file with the court any further relevant material;

(e)

the Secretary of State must serve on—

(i)

the relevant party or the relevant party’s legal representative; and

(ii)

the special advocate (as soon as one is appointed) or those instructing the special advocate,

any open material filed with the court under sub-paragraph (d);

(f)

the Secretary of State must serve on the special advocate (if one has been appointed) any closed material;

(g)

the parties and the special advocate (if one has been appointed) must file and serve any written submissions as directed by the court.

(Rules 88.27 and 88.28 will apply where any closed material is filed by the Secretary of State.)

Annotations

Textual amendments

F1: Pt. 88 inserted (27.2.2015) by The Civil Procedure (Amendment) Rules 2015 (S.I. 2015/406), rule 1, Sch.