OpenLegislation

Rule 33.44 Preparation of documentsI1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Every order in restraint proceedings or receivership proceedings must be drawn up by the Crown Court unless—

(a)

the Crown Court orders a party to draw it up;

(b)

a party, with the permission of the Crown Court, agrees to draw it up; or

(c)

the order is made by consent under rule 33.40.

(2)

The Crown Court may direct that—

(a)

an order drawn up by a party must be checked by the Crown Court before it is sealed; or

(b)

before an order is drawn up by the Crown Court, the parties must lodge an agreed statement of its terms.

(3)

Where an order is to be drawn up by a party—

(a)

he must lodge it with the Crown Court no later than 5 business days after the date on which the court ordered or permitted him to draw it up so that it can be sealed by the Crown Court; and

(b)

if he fails to lodge it within that period, any other party may draw it up and lodge it.

(4)

Nothing in this rule shall require the Crown Court to accept a document which is illegible, has not been duly authorised, or is unsatisfactory for some other similar reason.

Annotations

Commencement

I1

Rule 33.44 in force at 6.10.2025, see Preamble