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When evidence should be provided when filling an N244 application notice
During a hearing the judge has given permission to the Defendant to make an application within a specific number of days.
The Defendant has filed a N244 application notice within this number of days putting some explanation in Section 10 of this form but without attaching any witness statement to it.
The court has listed a hearing during which this application will be heard
And, a long time after the deadline the Defendant has filed a long Witness Statement.
I would like to know if this witness statement should have been attached to the N244 application notice to comply with the order of the judge to make this application within a specific number of days
I would like to know if the following information that I found out the following information in Practice Direction 23A about applications is relevant:
“2.2 Where a hearing is requested by the applicant or the court decides to hold a hearing, the court will notify the applicant of the time and date for the hearing of the application and may at the same time give directions for the filing of evidence”
“2.4 Where the Master, District Judge or other judge so decides, the court will inform the applicant and the respondent and may give directions for the filing of evidence.”
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