When is the deadline for defence to counterclaim - plaintiff and existing parties?
The catalogue records a 20 days period from Service of the statement of defence and counterclaim. This draft page remains free only until its source, worked example and limits are reviewed.
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Example pending review
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Calculation basis and source
- Period
- 20 days
- Trigger
- Service of the statement of defence and 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.
- r 3.02(1) court may extend or abridge; r 3.02(4) extension by filed consent.
- Added on verification: the researched catalogue carried the combined reply and defence to counterclaim under r 25.04(3) but omitted r 27.05, which is the operative rule for the defence to counterclaim itself. By r 27.05(2), where the plaintiff delivers a reply in the main action the defence to counterclaim must be included in the same document, entitled a reply and defence to counterclaim, which is why the two rules produce the same twenty-day date for the plaintiff. Twenty days exceeds the seven-day threshold, so holidays are counted.