When is the deadline for filing and service of statement of claim?
The catalogue records a 21 days period from the day of filing of a notice of appearance, a submitting appearance, or a conditional appearance. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 21 days
- Trigger
- the day of filing of a notice of appearance, a submitting appearance, or a conditional appearance
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Rule 4.02 general power to enlarge or abridge. Rule 27.09.7 provides that where a plaintiff required to file a Statement of Claim fails to do so, the Court or a Justice may order that the proceeding be dismissed for want of prosecution. Rule 28.01 provides broader summary dismissal powers.
- The obligation is conditional: no separate deadline arises if the Statement of Claim was filed and served with the writ under r 27.03.3(a). Rule 27.04 prescribes contents, including a statement of the basis on which the matter is within the original jurisdiction of the Court. Rule 27.03.2 permits the Court or a Justice to direct a Statement of Claim in a proceeding commenced by application for a constitutional or other writ.