--(1) The claimant may not apply for an order for an interim payment before the end of the period for entering an appearance applicable to the defendant against whom the application is made.
(Rule 9.3 sets out the period for entering an appearance)
--(2) The claimant may make more than one application for an order for an interim payment even though an earlier application has been refused.
--(3) Notice of an application for an order must-
----(a) be served at least 14 days before the hearing of the application; and
----(b) be supported by evidence.
--(4) The evidence must-
----(a) state the claimant's assessment of the amount of damages or other monetary judgment that is likely to be awarded;
----(b) set out the grounds of the application;
----(c) exhibit any documentary evidence relied on by the claimant in support of the application; and
----(d) if the claim is made under the Compensation for Injuries Act (Chap. 8:05) in respect of injury resulting in death, contain full particulars of the person or persons for whom and on whose behalf the action is brought and the nature of the claim in respect of which the damages are sought to be recovered.
--(5) If the respondent to an application for an interim payment wishes to rely on evidence or the claimant wishes to rely on evidence in reply, that party must-
----(a) file the evidence; and
----(b) serve copies on every other party to the application, at least 7 days before the hearing of the application.
(6) The court may order an interim payment to be made in one sum or by instalments.
Notes
Amended by Legal Notice 233 of 2005.
Amended by Legal Notice 140 of 2000.
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