63Re-opening of hearing of application in defendant's absence

63 Re-opening of hearing of application in defendant's absence

(1)  On an application under subrule (2) , any 2 justices jointly may set aside any one or more of the following matters:

(a) the dismissal of an application;

(b) an order arising from the hearing of an application made in the absence of the defendant or respondent.

(2)  An application to have a dismissal or order set aside by justices under subrule (1) must be –

(a) made in writing by the person –

(i) whose application was dismissed; or

(ii) against whom, or in the absence of whom, the order was made; and

(b) lodged with the clerk of the court where the application was dismissed or where the order was made; and

(c) supported by oral evidence or affidavit; and

(d) accompanied by proof of service on the other party of notice of the application to set aside.

(3)  For the purposes of subrule (1) , a dismissal or order may be set aside on the terms, as to costs or otherwise, that the justices think fit.

(4)  Despite any other provision of this rule, an order made in the absence of the defendant may be set aside without the appearance of either party if the consent of both parties is endorsed on the application.

(5)  After setting aside the dismissal or order, the justices may –

(a) proceed to hear and determine the application that was dismissed or the application in relation to which the order was made; or

(b) direct that –

(i) the application be reheard and determined at the time and place they specify; and

(ii) any notice they specify is to be given to any person they think necessary.