This was an Application for advice and directions pursuant to Rule 4.10 as to whether the Defendant was required to provide an Affidavit of Records (“AOR”) before it could proceed with a long-planned Application for Summary Dismissal against the Plaintiff. In support of its position that no AOR need be filed before proceeding with the Application, the Defendant argued that the dispute could be resolved by reference only to the law and known facts, and that therefore no AOR was necessary for purposes of the Application for Summary Dismissal.

The Defendant also noted previous Orders from the Case Management Judge that first, directed that all requirements pursuant to Part 5 of the Rules would thereafter be suspended pending an Order to the contrary, and second, that imposed a litigation timeline which contemplated hearing of the Summary Dismissal Application before delivery of an AOR. After reviewing the transcript associated the second Order, the Court agreed with the Defendant and directed that an Order be agreed setting out dates and times leading to the Summary Dismissal Application.