When is the deadline for filing and service of a counterclaim?
The catalogue records a 21 days period from Service of the notice of civil claim on the defendant bringing the counterclaim. 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
- Service of the notice of civil claim on the defendant bringing the counterclaim
- 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.
- Court may extend or shorten under r 22-4(2), including after expiry; extension by consent under r 22-4(3). Note also Limitation Act s 22(1)(a), which permits a counterclaim in a related claim even though a limitation period has expired, subject to s 22(2) and (3).
- The 21 days shown is the Canada tier. The counterclaim period tracks r 3-3(3) exactly, so it is 35 days where the defendant was served in the USA and 49 days where served elsewhere. Compute from the same service event as the response to civil claim.