565Special case by agreement

### 565 Special case by agreement > > (1)  The parties may agree by stating the questions of law arising in a proceeding in the form of a special case for the opinion of the Court. > > > (2)  A special case is to – > > > > > > (a) be divided into consecutively numbered paragraphs; and > > > > > > > (b) state concisely the facts and documents necessary to enable the Court to decide questions raised. > > > (3)  A special case is to be – > > > > > > (a) [*\[Rule 565 Subrule (3) amended by S.R. 2008, No. 128, Applied:31 Dec 2008\]*](/view/html/inforce/2008-12-31/sr-2008-128#GS29@Hpa@EN) signed by the parties or their practitioners; and > > > > > > > (b) filed by the plaintiff. > > > (4)  A party may file a request that a special case be entered for argument. > > > (5)  A party filing a request to enter a special case for argument is to file – > > > > > > (a) a copy of the special case for the use of the judge; and > > > > > > > (b) 2 copies of the whole of the originating process and of the pleadings or issues – > > > > > > > > > > (i) showing the questions for determination; and > > > > > > > > > > > (ii) [*\[Rule 565 Subrule (5) amended by S.R. 2008, No. 128, Applied:31 Dec 2008\]*](/view/html/inforce/2008-12-31/sr-2008-128#GS29@Hpb@EN) certified by the practitioner for the party as correct and complete. > > > (6)  On filing a request that a special case be entered for argument, the registrar is to refer the request to a judge who may – > > > > > > (a) direct that the special case be entered for argument; or > > > > > > > (b) require the parties to attend before him or her or another judge. > > > (7)  If the parties attend before a judge under a direction, the judge may – > > > > > > (a) give all necessary and appropriate directions concerning the special case; and > > > > > > > (b) without affecting the generality of [paragraph (a)](#GS565@Gs7@Hpa@EN) , may order that the special case be amended; and > > > > > > > (c) may order that it be entered for argument or that it not be entered for argument. > > > (8)  On the argument of a special case – > > > > > > (a) the Court and the parties may refer to the whole contents of the documents contained in the special case; and > > > > > > > (b) from the facts or documents contained in the special case, the Court may draw any inference, whether of fact or law, which might have been drawn had the facts or documents been proved at a trial.