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Home arrow Laws arrow Bar Council Rulings arrow 11.05. Exchange of legal authorities
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11.05. Exchange of legal authorities PDF Print E-mail

(1) A Solicitor (“First Solicitor”) shall exchange by written notice with Solicitors representing all the other parties in the litigation, a list containing all the authorities with citations (“List”) that the First Solicitor proposes to rely upon during the trial or hearing of any matter or cause before any court, tribunal or other body.

(2) The List should reach the other Solicitors within a reasonable time before the trial or hearing and in any event not later than 48 hours prior to the trial or hearing, to enable the other Solicitors to consider the authorities specified in the list and to submit upon them during the trial or hearing.

(3) Where a Solicitor intends to reproduce copies of authorities specified in his List into a bundle of authorities (“Bundle”), he should endeavour to serve the Bundle on the other Solicitors as soon as it is practicable or convenient, but no later than the time when former attends the court, tribunal or body on the day of the trial or hearing, but prior to the actual calling of the matter or cause for disposal.

(4) It is good practice for Solicitors to agree, whenever possible, to an agreed or joint bundle of authorities.

(5) Nothing in this Ruling affects the right of any Solicitor in any proceedings, to supply from time to time, supplementary lists of authorities not previously specified in any of his Lists, to all other Solicitors involved in such proceedings, to present to the court, tribunal or body, as the case may be,.

(6) A Solicitor wishing to rely on such additional authorities shall endeavour to give as much notice of the additional authorities as is practicable and convenient in the circumstances to all the other Solicitors involved in the proceedings.

(7) Nothing in this Ruling affects the general discretion of the court, tribunal or other body to deal with matters relating to the exchange of authorities, including making orders on adjournment or costs.

 
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