Introduction

The DRS is designed to be a fast, efficient process, which does not get bogged down in lengthy exchanges of paperwork between the parties.  Each party to the DRS should therefore say everything that they have to say in the Complaint or Response (as applicable).  The Reply is designed merely to respond to new points raised in the Response.

However, there are times when users of the DRS believe that it is vital that they be allowed to submit something further.  This help page explains how that can be done.

Further submissions that the Expert asks for

It is open to the Expert to ask for further submissions (DRS Procedure 13(a)).  What the Expert asks for, and what evidence they consider that is submitted this way, is their choice.

Further submissions that the Expert has not asked for

The Policy and Procedure foresee three submissions in the course of a normal DRS case (other than those dealing with an appeal): the Complaint, Response and Reply.  Those will automatically be passed in full to the Expert.

Anything else is called a "non-standard submission" and DRS Procedure 13 (b) applies.  This says:

"13. Further Statement

b.     Any communication with us intended to be passed to the Expert which is not part of the standard process (e.g. other than a complaint, response, reply, submissions requested by the Expert, appeal notice or appeal notice response) is a 'non-standard submission'. Any non-standard submission must contain as a separate, first paragraph, a brief explanation of why there is an exceptional need for the non-standard submission. We will pass this explanation to the Expert, and the remainder will only be passed to the Expert at his or her sole discretion. If there is no explanation, we may not pass on the document or information".

Therefore, if you want to send a non-standard submission, you must comply with this paragraph otherwise your submission may not be sent on.

It is important that there is a single, separate, first paragraph that sets out this information.  The paragraph should not contain the information, but should focus on the reason and need for the extra submission.

If you do not clearly provide such a paragraph, we may either use the first paragraph of your submission, or we may not pass any of the submission to the Expert.

If we pass something on to the Expert, we will copy that to the other party.  We will also forward them your complete submission so that they are able to consider it and reply if they wish.  However, in doing so, they must consider whether their reply makes it more likely that the Expert will ask to see the full submissions.

It remains the Expert's choice whether or not they ask to see the rest of the further submission.