When is the deadline for defendant's affidavit evidence on originating summons?
The catalogue records a 28 days period from Service on the defendant of copies of the plaintiff's affidavit evidence under Order 28, rule 1A(3). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 28 days
- Trigger
- Service on the defendant of copies of the plaintiff's affidavit evidence under Order 28, rule 1A(3)
- 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.
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- The plaintiff then has a further 14 days to file evidence in reply: O.28 r.1A(5), 'A plaintiff on whom a copy of a defendant's affidavit evidence has been served under paragraph (4) may within 14 days of such service file further affidavit evidence in reply and shall in that event serve copies thereof on that defendant.' No other affidavit is receivable without leave (O.28 r.1A