ABSTRACT

If a party is relying on supporting evidence, it must be filed at court as well as served on the other parties (PD 23, para 9.6). However, exhibits should not be filed unless a party is specifically directed to do so (PD 23, para 9.6). Rule 23.7(2) states that if the court is serving the application notice, the applicant must also file a copy of any written evidence in support of his application at the same time as he files his application notice. If a party is relying on evidence for an application which has already been filed or served, there is no need to file or serve another copy of such evidence (r 23.7(5)).