The Family Procedure (Amendment) Rules 2022

Amendment of Part 6

10.  After rule 6.6 insert—

“Time for serving an application by the applicant

6.6A.   Where the applicant serves the application, the applicant must complete the step required by the following table in relation to the method of service chosen before 12.00 midnight on the day 28 days after the date of issue of the application.

Method of service	Step required
First class post, document exchange or other service which provides for delivery on the next business day		Posting, leaving with, delivering to or collection by the relevant service provider
Personal service under rule 6.7, by someone other than the applicant personally		Leaving it with the person to be served
Email service under rule 6.7A		Sending the application by e-mail and sending the notice required by rule 6.7A(2) by posting, leaving with, delivering to or collection by the relevant service provider

Extension of time for serving the application

6.6B.— (1) The applicant may apply for an order extending the time for compliance with rule 6.6A.

(2) The general rule is that an application under paragraph (1) must be made—

(a) within the period for service specified by rule 6.6A; or

(b) where an order has been made under this rule, within the period specified by that order.

(3) Where an applicant asserts that they have a good reason for not making an application under paragraph (1) within a period specified in paragraph (2) an application under paragraph (1) may be made—

(a) after the period for service specified by rule 6.6A; or

(b) where an order has been made under this rule, after the period specified by that order.

(4)  On an application under paragraph (1), the court must consider all the circumstances including whether—

(a) the court has failed to serve the application;

(b) the applicant has taken reasonable steps to comply with rule 6.6A; and

(c) the applicant has acted promptly.

(5) An application for an order extending the time for compliance with rule 6.6A—

(a) must be supported by evidence; and

(b) may be made without notice.

(6) Where an order is made without notice—

(a) a copy of the order; and

(b) a copy of the application for an order extending time together with any statement supporting it,

must be served on the respondent when the application for a matrimonial or civil partnership order is served.”.