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Allocation to a track

If a party fails to file and serve copies of the written evidence in accordance with the rules, he may not rely on it at the hearing, unless the court gives permission (r 8.6(1)). However, the parties can agree in writing to grant each other extra time to file evidence: in the case of a defendant, up to a maximum of 14 days after he files his acknowledgment of service, so long as the written agreement to this effect is filed at court by the defendant at the same time as the acknowledgment of service. In the case of a claimant, the parties can agree to extend the time for the claimant to file evidence in reply to the defendant’s evidence up to a maximum of 14 days after the defendant files his acknowledgment of service (PD 8, para 5.6).