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Uniform Civil Procedure Rules 1999
sec.357Disclosure of offer
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### sec.357 Disclosure of offer
Subject to rule 365 , no statement of the fact that an offer has been made may be contained in a pleading or affidavit.
An offer must not be filed.
If an offer is not accepted, no communication about the offer may be made to the court at the trial or hearing of the proceeding until all questions of liability and the relief to be given, other than costs, have been decided.
Subrule (1) does not apply to an affidavit in support of an application for leave to withdraw an offer.
After an application for leave to withdraw an offer is decided, the court must—
place the application and any affidavits that contain a statement of the fact that an offer has been made in a sealed container, for example, an envelope; and
mark the container with the court file number; and
mark the container ‘Not to be opened without an order of the court’; and
file the container in the court.
The container may be opened only if the court orders it to be opened.
No fee is payable for filing the container.
r 357 amd 2014 SL No. 320 s 8
(sec.357-ssec.1) Subject to rule 365 , no statement of the fact that an offer has been made may be contained in a pleading or affidavit.
(sec.357-ssec.2) An offer must not be filed.
(sec.357-ssec.3) If an offer is not accepted, no communication about the offer may be made to the court at the trial or hearing of the proceeding until all questions of liability and the relief to be given, other than costs, have been decided.
(sec.357-ssec.4) Subrule (1) does not apply to an affidavit in support of an application for leave to withdraw an offer.
(sec.357-ssec.5) After an application for leave to withdraw an offer is decided, the court must— place the application and any affidavits that contain a statement of the fact that an offer has been made in a sealed container, for example, an envelope; and mark the container with the court file number; and mark the container ‘Not to be opened without an order of the court’; and file the container in the court.
(sec.357-ssec.6) The container may be opened only if the court orders it to be opened.
(sec.357-ssec.7) No fee is payable for filing the container.
- (a) place the application and any affidavits that contain a statement of the fact that an offer has been made in a sealed container, for example, an envelope; and
- (b) mark the container with the court file number; and
- (c) mark the container ‘Not to be opened without an order of the court’; and
- (d) file the container in the court.