Casalonga UPC rules of procedure
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Rule 194Examination of the Application for preserving evidence

1. The Court shall have the discretion - including where the Application is made pursuant to Rule 192.3 - to:

(a) inform the defendant about the Application and invite him to lodge, within a time period to be specified, an Objection to the Application for preserving evidence which shall contain:

  • (i) the reasons why the Application shall fail;
  • (ii) the facts and evidence relied on, in particular any challenge to the facts and evidence relied on by the applicant;
  • (iii) where main proceedings on the merits of the case have not yet been started before the Court, the reasons why the action which will be started before the Court shall fail and an indication of the facts and evidence relied on in support;

(b) summon the parties to an oral hearing;

(c) summon the applicant
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