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Paragraph 7 Documentary evidence

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

(1)

A party shall file, at or by such time as the justices' clerk or the court directs or, in the absence of a direction, before the hearing or appointment—

(a)

written statements of the substance of the oral evidence which he intends to adduce at a hearing or a directions appointment, which shall—

(i)

be dated,

(ii)

be signed by the person making the statement,

(iii)

contain a declaration that the maker of the statement believes it to be true and understands that it may be placed before the court, and

(iv)

show in the top right-hand corner of the first page—

(a)

the initials and surname of the person making the statement,

(b)

the number of the statement in relation to the maker,

(c)

the date on which the statement was made, and

(d)

the party on whose behalf it is filed, and

(b)

copies of any documents upon which he intends to rely at a hearing or a directions appointment.

(2)

A party may, subject to any direction of the justices' clerk or the court about the timing of statements under this rule, file a statement which is supplementary to a statement served under sub-paragraph (1).

(3)

Where a non-resident party files a statement or document under this rule, he shall also file a copy of it for service on the resident party; and the justices' clerk shall on receipt of that copy serve it on the resident party.

(4)

At a hearing or directions appointment a party may not without the leave of the justices' clerk, in the case of a directions appointment, or the court—

(a)

adduce evidence, or

(b)

seek to rely on a document,

in respect of which he has failed to comply with the requirements of sub-paragraphs (1) and, where applicable, (3).