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r 37.03

Procedure

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Part 2Offers of compromise

37.03 Procedure

(1)

An application for an order under Rule 37.01 must be made by application—

(a)

served on all parties to the proceeding; and

(b)

served personally on each person who would be affected by the order if made.

(2)

The Court may make an order under Rule 37.01 notwithstanding that any person not being a party who will be affected by the order has not been served with the application personally or at all.

(3)

An application under Rule 37.02 must be made by application to which the person against whom the order is sought must be made respondent.

(4)

An order must not be made under Rule 37.02 except by a magistrate.

(5)

An application under paragraph (1) or (3) must be supported by an affidavit—

(a)

stating the facts on which the application is made; and

(b)

specifying or describing the property in respect of which the order is sought.

(6)

A copy of the supporting affidavit must be served on every person on whom the application is served.

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