# The Magistrates' Courts Rules 1981, Rule 77: Consideration of draft case

Extent: E+W

(1) Within 21 days after receipt of an application made in accordance with rule 76, the designated officer for the magistrates' court whose decision is questioned shall, unless the justices refuse to state a case under section 111(5) of the Act of 1980, send a draft case in which are stated the matters required under rule 81 to the applicant or his solicitor and shall send a copy thereof to the respondent or his solicitor.
(2) Within 21 days after receipt of the draft case under paragraph (1), each party may make representations thereon. Any such representations shall be in writing and signed by or on behalf of the party making them and shall be sent to the designated officer.
(3) Where the justices refuse to state a case under section 111(5) of the Act and they are required by the High Court by order of mandamus under section 111(6) to do so, this rule shall apply as if in paragraph (1)—
(a) for the words “receipt of an application made in accordance with rule 76” there were substituted the words “the date on which an order of mandamus under section 111(6) of the Act of 1980 is made”; and
(b) the words “unless the justices refuse to state a case under section 111(5) of the Act of 1980” were omitted.

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Source: https://www.legislation.gov.uk/uksi/1981/552/rule/77 (the official version)
Page: https://openlegislation.uk/magistrates-courts-rules-1981/rule-77
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.