The Civil Procedure Rules 1998

[F1 Period for responding to the claim form where permission was not required for service E+W

6.35.— (1) This rule sets out the period for—

(a) filing an acknowledgment of service;

(b) filing an admission; or

(c) filing a defence,

where a claim form has been served out of the jurisdiction under rule 6.32 or 6.33.

(Part 10 contains rules about acknowledgments of service, Part 14 contains rules about admissions and Part 15 contains rules about defences.)

Service of the claim form on a defendant in Scotland or Northern Ireland

(2) Where the claimant serves on a defendant in Scotland or Northern Ireland under rule 6.32, the period—

(a) for filing an acknowledgment of service or admission is 21 days after service of the particulars of claim; or

(b) for filing a defence is—

(i) 21 days after service of the particulars of claim; or

(ii) where the defendant files an acknowledgment of service, 35 days after service of the particulars of claim.

(Part 7 provides that particulars of claim must be contained in or served with the claim form or served separately on the defendant within 14 days after service of the claim form.)

F2 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service on a defendant elsewhere

(5) Where the claimant serves the claim form under rule 6.33 F4 ..., the period for responding to the claim form is set out in [F5 Practice Direction 6B].]

Textual Amendments

F1 Pt. 6 substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rule 1(2), Sch. 1

F2 Rule 6.35(3) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(17)(a) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Rule 6.35(4) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(17)(a) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in rule 6.35(5) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(17)(b) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in rule 6.35(5) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 5(g)(i)