33. Evidence in reply by opponent.
Within one month from the receipt by the opponent of the copies of the
applicant’s declaration, the opponent may leave with the registrar
evidence by statutory declaration in reply, and shall deliver to the
applicant copies of the statutory declaration and that evidence shall be
confined to matters strictly in reply.
34. Further evidence.
No further evidence shall be filed on either side but, in any proceedings
before the registrar, the registrar may at any time, if he or she thinks fit
give leave to either the applicant or the opponent to file any evidence
upon such terms as to costs or otherwise as the registrar may think fit.
35. Exhibits.
(1) Where there are exhibits to declarations filed in an opposition,
copies or impressions of the exhibits shall be sent to the other party on
that party’s request and expense, or, if the copies or impressions cannot
conveniently be furnished, the originals shall be left with the registrar in
order that they may be open to inspection.
(2) The original exhibits shall be produced at the hearing unless the
registrar otherwise directs.
36. Hearing.
(1) Upon completion of the evidence the registrar shall give notice
to the parties of a date when the registrar will hear the arguments in the
case; and that date shall be at least fourteen days after the date of the
notice, unless the parties consent to a shorter notice.
(2) Within seven days from the receipt of the notice any party who
intends to appear shall notify the registrar in Form TM 8.
(3) A party who receives the notice under sub regulation (1) and
who does not, within seven days from receipt of the notice, notify the
registrar in Form TM 8, may be treated as not desiring to be heard and
the registrar may act accordingly.
2006