Australian Capital Territory Numbered Regulations

SUPREME COURT AMENDMENT RULES 2002 (NO 1) (NO 16 OF 2002) - REG 16

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21     Further evidence on appeal— Magistrates Court Act 1930 , s 214

    (1)     This rule applies to an application to the court to receive evidence mentioned in the Magistrates Court Act 1930 , section 214 (3) and (4) in an appeal mentioned in that section.

    (2)     The application must be made by motion on the hearing of the appeal.

    (3)     The grounds of the application must be stated in an affidavit.

    (4)     Any evidence necessary to establish the grounds of the application, and the evidence that the applicant wants the court to receive, must be given by affidavit.

    (5)     Within 21 days before the hearing of the appeal, the applicant must file an affidavit mentioned in subrules (3) and (4) and serve it on the other party to the appeal.

    (6)     Unless the court otherwise orders, the evidence of the other party to the appeal must be given by affidavit.

    (7)     Within 14 days before the hearing of the appeal, the other party to the appeal must file the affidavit and serve it on the applicant.