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11.1 This rule deals with applications for court orders made before, during or after the course of proceedings.

11.2 'applicant' means a person who seeks a court order by making an application; and

'respondent' means

(a) the person against whom the order is sought; and

(b) such other person as the court may direct is to be served with the application.

11.3 (1) The general rule is that an application should be made to the registry where the claim was issued.

(2) If the claim has been transferred to another registry the application should be made to that registry.

11.4 (1) The general rule is that an application must be in writing.

(2) An application may be made orally if -

(a) this is permitted by a rule or practice direction; or

(b) the court dispenses with the requirement for the application to be made in writing.

11.5 (1) The general rule is that the applicant must give notice of the application to each respondent.

(2) An applicant may make an application without giving notice if this is permitted by -

(a) a rule; or

(b) a practice direction.

(3) Evidence in support of an application is not needed unless it is required by -

(a) a rule; or

(b) a practice direction; or

(c) a court order.

(4) Notice of the application must be included in the form used to make the application.

11.6 Where an application must be made within a specified period it is so made if it is received by or made orally to the court within that period.

11.7 (1) An application must state -

(a) what order the applicant is seeking; and

(b) briefly, why the applicant is seeking the order.

(2) The applicant must include with or attach to the application a draft of the order he is seeking.

(3) Either the applicant or his attorney must certify on the application that he believes any facts stated in the application are true.

11.8 Where evidence in support of an application is required it must be contained in an affidavit unless -

(a) a rule; or

(b) a practice direction; or

(c) a court order

otherwise orders.

11.9 (1) The notice must state whether there will be a hearing.

(Rule 11.13 sets out the circumstances in which there may not be a hearing.)

(2) If there is to be a hearing the notice must state the date time and place of the hearing.

(3) If there is not to be a hearing, the notice must state how the court will deal with the application.

11.10 (1) The general rule is that a notice of an application must be served -

(a) as soon as practicable after the day on which it is issued; and

(b) at least [7] days before the court is to deal with the application.

(2) However the period in paragraph (1)(b) shall not apply where any rule specifies some other period for service.

(a) notice of an application has been given, but

(b) the period of notice is shorter than the period required, the Court may nevertheless direct that, in all the circumstances of the case, sufficient notice has been given, and may accordingly deal with the application.

(4) The notice must be accompanied by

(a) a copy of the application (where the notice and the application are not contained on the same form); and

(b) any evidence in support; and

(c) a copy of any draft order which the applicant has attached to his application.

(5) The notice must be served in accordance with Part 6.

11.11 (1) The court may -

(a) issue a witness summons requiring a party or other person to attend the court on the hearing of the application; and

(b) require the production of documents or things at such a hearing; and

(c) question any party or witness at such a hearing.

(2) The court may examine a party or witness -

(a) orally, or

(b) by putting written questions to him and asking him to give written answers to the questions.

(3) Any party may then cross examine the witness.

(4) The court may exercise any power which it might exercise at a case management conference.

11.12 An applicant may not ask for an order for which he has not asked in his application unless the court permits him to do so.

11.13 The court may deal with an application without a hearing if -

(a) the parties agree that the court should dispose of its application without a hearing; or

(b) the court considers that the application can be dealt with over the telephone or by other means of communication; or

(c) the parties have agreed to the terms of an order -

(i) which does not come within rule 27.8(1); and

(ii) the application (or a copy of the application) is signed by all parties to the application or their

attorneys; or

(d) the court does not consider that a hearing would be appropriate.

(Rule 43.7 deals with consent orders.)

11.14 (1) Any order made on an application by a party must be drawn up by that party unless the court directs that it be drawn up by the court.

(2) The order must be sealed by the court.

(3) Any order so made must be served on the applicant and the respondent.

(Rule 6.(1)(a) specifies who must serve the order.)

11.15 After the court has disposed of an application made without notice, in addition to serving a copy of any order made, a copy of the application and any evidence in support must be served on the persons set out in rule 11.2.

11.16 (1) A respondent to whom an application of which notice was not given may apply to the court for any order made on the application to be set aside or varied and for the application to be dealt with again.

(2) A respondent must make such an application not more than 7 days after the date on which the order was served on him.

(3) An order made on an application of which notice was not given must contain a statement of the right to make an application under this rule.

11.17 Where the applicant or any person on whom the notice of application has been served fails to attend the hearing of the application, the court may proceed in his absence.

11.18 (1) A party who was not present when an order was made may apply to set aside that order.

(2) The application must be made within 7 days after the date on which the order was served on the applicant.

(3) The application to set aside the order must be supported by evidence showing -

(a) a good reason for failing to attend the hearing; and

(b) that it is likely that had the applicant attended some other order might have been made.