28. Service of a claim form
(1) This Rule does not apply to a claim form filed in the Small Claims Division to which Part 37 applies or to a claim form filed in the Employment Division to which Part 38 applies.
(2) Where the claim form is served within the jurisdiction, the claimant must complete the step required in relation to the particular method of service chosen before 12 noon on the calendar day 4 months after the date of issue of the claim form.
(3) Where the claim form is to be served out of the jurisdiction, the claim form must be served in accordance with Rule 24 no later than the calendar day 6 months of the date after the date of issue of the claim form.
(4) The claimant may apply for an order extending the period for compliance with paragraph (2) or (3).
(5) Subject to paragraph (6), an application under paragraph (4) must be made within the period specified by paragraph (2) or (3) or, when an order has been made under paragraph (4), within the period for service specified by that order.
(6) If the claimant applies for an order to extend the time for compliance after the end of the period specified by paragraph (2) or (3) or by an order made under paragraph (4), the Court may make such an order only if the claimant has taken all reasonable steps to comply with paragraph (2) or (3) but has been unable to do so and acted promptly in making the application.
|Amended on June 1, 2017|
|Amended on November 2, 2020|
|Amended on February 15, 2021|