Rule 9.12 Duties of the court and the applicant upon issuing an application

(1)

When an application under this Part is issued F1, except where Chapter 5 of this Part applies —

(a)

the court will fix a first appointment not less than 12 weeks and not more than 16 weeks after the date of the filing of the application; and

(b)

subject to paragraph (2), within 4 days beginning with the date on which the application was filed, a court officer will—

(i)

serve a copy of the application on the respondent; and

(ii)

give notice of the date of the first appointment to the applicant and the respondent.

(2)

Where the applicant wishes to serve a copy of the application on the respondent and on filing the application so notifies the court—

(a)

paragraph (1)(b) does not apply;

(b)

a court officer will return to the applicant the copy of the application and the notice of the date of the first appointment; and

(c)

the applicant must,—

(i)

within 4 days beginning with the date on which the copy of the application is received from the court, serve the copy of the application and notice of the date of the first appointment on the respondent; and

(ii)

file a certificate of service at or before the first appointment.

(Rule 6.37 sets out what must be included in a certificate of service.)

(3)

The date fixed under paragraph (1), or for any subsequent appointment, must not be cancelled except with the court's permission and, if cancelled, the court must immediately fix a new date.

F2(4)

In relation to an application to which F3... F4the 2007 Hague Convention applies, where the applicant does not already know the address of the respondent at the time the application is issued, paragraph (2) does not apply and the court will serve the application in accordance with paragraph (1).

Annotations

Textual amendments

F1: Words in rule 9.12(1) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 26 (with rule 137); S.I. 2014/954, art. 2
F2: Rule 9.12(4) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 8
F3: Words in rule 9.12(4) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 8(4) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in rule 9.12(4) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 8

Notes on Chapter 4

Textual amendments

F1: Pt. 9 Ch. 4 heading substituted (4.6.2018) by The Family Procedure (Amendment) Rules 2018 (S.I. 2018/440), rules 1, 6 (with rule 12)