(1) An application for a default judgment to be entered under rule 12.10(1)(b) must state —
(a) whether the claimant is in a position to prove the amount of the damages; and, if so
(b) the claimant's estimate of the time required to deal with the assessment; or
(c) that the claimant is not yet in a position to prove the amount of the damages.
(2) Unless the application states that the claimant is not in a position to prove the amount of damages —
(a) the court office must fix a date for the assessment of damages and give the claimant and the defendant at least 60 days' notice of the date, time and place fixed for the hearing;
(b) the claimant shall file and serve on the defendant all evidence and written submissions on which he or she intends to rely within 14 days of service of the notice of assessment;
(c) the defendant shall be at liberty to file and serve evidence and written submissions on which he or she intends to rely within 14 days of service of the claimant's evidence and written submissions on him or her.
• Rules 29.8 to 29.12 deal with Witness Statements.
(3) A claimant who is not in a position to prove damages must state the period of time that will elapse before this can be done.
(4) The court office must then fix either —
(a) a case management conference and give notice to the parties; or
(b) a date on which the assessment of damages will take place.
(5) (a) The claimant shall be entitled to rely on the evidence of all witnesses called by him or her pursuant to the witness statements filed and served by him or her and to make submissions to the court;
(b) The defendant is entitled to cross-examine any witness called on behalf of the claimant, call evidence as disclosed in his or her Notice filed in Form 31 and in respect of witness statements which have been filed and served pursuant to rule 16.2(2)(c) and to make submissions to the court.