OpenLegislation

Rule 33 Matters which may be covered in directionsI1

England

(1)

Directions may be given in respect of all procedural matters and in particular—

(a)

for the exchange of witness statements (notwithstanding that the complainant and the respondent may already have respectively supplied statements in support of the F1allegation of misconduct form and the respondent’s answer),

(b)

for the exchange of copies of documents intended to be relied upon at the final hearing,

(c)

to direct the complainant and the respondent to disclose and produce at or before the hearing of the F2allegation of misconduct any specified documents in their possession or control which may reasonably be required by another party,

(d)

to permit written questions to be put by one party to the other, and to require those questions to be answered by the other party,

(e)

in relation to any expert evidence, including the number of expert witnesses,

(f)

to exclude evidence that would be irrelevant or unnecessary, or which should otherwise be excluded in the interests of justice in accordance with the overriding objective,

(g)

to direct any party to prepare a written outline argument and to send or deliver a copy of it to the Registrar of Tribunals, the Chair, and to the other party, together with photocopies of any authorities relied upon,

(h)

to provide for the preparation of bundles of documents for a hearing, and for them to be sent or delivered to the tribunal and each party,

(i)

to require the attendance of any person at the hearing of the F3allegation of misconduct for the purpose of—

(i)

giving evidence, or

(ii)

producing documents for inspection,

(j)

to order two or more F4allegations of misconduct against the same respondent to be heard on the same occasion,

(k)

to order allegations of misconduct against more than one respondent to be heard on the same occasion,

(l)

to order any part of any proceedings to be dealt with separately.

(2)

A direction may be given that if a document has not been disclosed to the other party, that document may not be relied upon at the hearing of the F5allegation of misconduct unless the Chair gives permission.

Annotations

Textual amendments

F1

Words in rule 33(1)(a) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2

F2

Words in rule 33(1)(c) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2

F3

Words in rule 33(1)(i) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2

F4

Words in rule 33(1)(j)(k) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2

F5

Words in rule 33(2) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2

Commencement

I1

Rule 33 in force at 1.1.2006, see rule 107(2)