(1) Unless
subrule (2) applies, if you have made a written application you must
serve a copy of the application and any supporting affidavit on every other
party after it has been lodged and at least 10 days before the hearing of
the application.
(2) Subrule (1) does
not apply to your application if —
(a) your
application is for default judgment against another party —
(i)
for a failure by the other party to lodge a response in
accordance with rule 9(1); or
(ii)
for a failure by the other party to lodge a statement of
defence in accordance with rule 9A; or
(iii)
for a failure by the other party to do something else,
and these rules state that the default judgment may be given in the absence of
the parties;
(b) your
application is for something else and —
(i)
these rules provide that your application does not need
to be served; or
(ii)
the Court dealing with your application orders otherwise.
[Rule 64 amended: Gazette
3 Jun 2008 p. 2147; 20 May 2011 p. 1840-1;
30 Sep 2016 p. 4176.]