The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 57 E+W [F2 PROBATE AND INHERITANCE]

Textual Amendments

F1 Pt. 57 inserted (15.10.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rule 1(b), Sch. (with rule 19)

F2 Pt. 57 heading substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 23(a)

SECTION I—PROBATE CLAIMS E+W

Acknowledgment of service and defence E+W

57.4— (1) A defendant who is served with a claim form must file an acknowledgment of service.

(2) Subject to paragraph (3), the period for filing an acknowledgment of service is—

(a) if the defendant is served with a claim form which states that particulars of claim are to follow, 28 days after service of the particulars of claim; and

(b) in any other case, 28 days after service of the claim form.

(3) If the claim form is served out of the jurisdiction under rule 6.19, the period for filing an acknowledgment of service is 14 days longer than the relevant period specified in rule 6.22 or the practice direction supplementing Section 3 of Part 6.

(4) Rule 15(4) (which provides the period for filing a defence) applies as if the words “under Part 10” were omitted from rule 15.4(1)(b).]