--(1) The general rule is that the period for filing a defence is the period of 28 days after the date of service of the claim form and statement of case.
--(2) However-
----(a) where permission has been given under rule 8.2 for a claim form to be served without a statement of case; or
----(b) where a statement of case is amended pursuant to rule 20.1,
--the period for filing a defence is the period of 28 days after the service of the statement of case or the amended statement of case, as the case may be.
--(3) In proceedings against the State the period for filing a defence is the period of 42 days after the date of service of the claim form and statement of case.
--(4) Where the defendant within the period set out in paragraph (1) (2) or (3) makes an application under section 7 of the Arbitration Act (Chap. 5:01) to stay the claim, the period for filing a defence is extended to 14 days after the determination of that application.
--(5) )A defendant may apply for an order extending the time for filing a defence.
--(6) The parties may agree to extend the period for filing a defence specified in paragraph (1), (2) or (3) up to a maximum of three months after the date of service of the claim form (or statement of case if served after the claim form).
--(7) Only one agreement to extend the time for filing a defence may be made.
--(8) The defendant must file details of such an agreement.
--(9) Any further extensions may only be made by court order.
--(10) The general rule is subject to rule 9.7.
Notes
Amended by Legal Notice 301 of 2012.
Amended by Legal Notice 233 of 2005.
It was held by the Judicial Committee of the Privy Council in The Attorney General of Trinidad and Tobago [2011] UKPC 38 that if a Defendant files a defence out of time, it may be accepted by the Court and, if the Claimant does nothing or waives late service, the defence stands.
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