Any of our legal bods fancy answering a very simple question

[TheSnitch]

If there are two parties to a civil action and one writes to the court, should they copy in the other party?

For example, if one requires a postponement of a trial and writes to the court to request this, are they obliged to send a copy to the other side? I would say they should, even out of common courtesy, but is there a rule which says they must?

Similarly, is it acceptable for one side to write to the judge asking for a case to be thrown out, or a defence struck out, without informing the other side?

Asking for a friend, etc......

(My friend says 'Thanks')

[TheSnitch]

Thanks for moving this - I knew there was a legal bit somewhere, but I couldn't spot it

[Integroo]

If you're making an application to the court (motion in Scotland), it must be served (intimated in Scotland) on the other side.

See: https://www.justice.gov.uk/courts/procedure-rules/...

[TheSnitch]

Integroo said:

If you're making an application to the court (motion in Scotland), it must be served (intimated in Scotland) on the other side.

See: https://www.justice.gov.uk/courts/procedure-rules/...

Thanks. I am more thinking of a communication which falls short of an actual application, such as a request to delay proceedings in a letter or email, sent to the court but not to the other side.

[KungFuPanda]

Has a trial date been set? If so, you need to make a formal application to the Court to vacate the trial date and set another. Some judges can be right tts and not grant your application if you can't show god reason why. The cost of the application is a fair few quid and you might have to pay the other side's costs of dealing with the application too.

[Integroo]

TheSnitch said:

Integroo said:

If you're making an application to the court (motion in Scotland), it must be served (intimated in Scotland) on the other side.

See: https://www.justice.gov.uk/courts/procedure-rules/...

Thanks. I am more thinking of a communication which falls short of an actual application, such as a request to delay proceedings in a letter or email, sent to the court but not to the other side.

This would be done by way of an application or a motion. As mentioned above, there may be costs implications if the other side doesn't agree. You can of course agree with the other side as to a postponement of a hearing etc. and submit a joint application/motion.

[KevinCamaroSS]

Here in England (money claim online) I simply followed the court guidelines, requested a new date from the court (with reasons). Court then wrote to both sides with the new date. No cost involved at all.

[Integroo]

KevinCamaroSS said:

Here in England (money claim online) I simply followed the court guidelines, requested a new date from the court (with reasons). Court then wrote to both sides with the new date. No cost involved at all.

OP, I should add, that small claims have much more lax rules, and you can call the court to discuss.