ABSTRACT
The application is supported with written evidence. There is no requirement that this must be affidavit evidence, as evidence at hearings other than the trial is to be by witness statement (CPR 32.6). If the respondent to an application for summary judgment wishes to rely on written evidence at the hearing, he must file the written evidence and serve copies on every other party to the application, at least seven days before the summary judgment hearing (CPR 24.5(1)). If the applicant wishes to rely on written evidence in reply, he must file the written evidence and serve a copy on the respondent, at least three days before the summary judgment hearing (CPR 24.5(2)). Where a summary judgment hearing is fixed by the court of its own initiative, any party who wishes to rely on written evidence at the hearing must file the written evidence and, unless the court orders otherwise, serve copies on every other party to the proceedings, at least seven days before the date of the hearing; any party who wishes to rely on written evidence at the hearing in reply to any other party’s written evidence must file the written evidence in reply and, unless the court orders otherwise, serve copies on every other party to the proceedings, at least three days before the date of the hearing (CPR 24.5(3)). There is no requirement for written evidence to be filed if it has already been filed, or for it to be served on a party on whom it has already been served (CPR 24.5(4)).
