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44. Filing and serving a defence

Past version: effective from 30/05/2016 - 31/05/2017
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(1) Unless paragraph (2) of this Rule applies, a defendant who wishes to defend all or part of a claim must file a defence and serve a copy of it on the claimant and every other party within 28 days after service of the claim.
(2) Where the claim form has been served out of the jurisdiction or the Emirate in accordance with Rule 23, or on an agent of the defendant who is overseas, the period for filing and serving a defence is 42 days after service of the claim.
(3) If a defendant fails to file and serve a defence, and the period for doing so has expired, the claimant may obtain default judgment if Rule 39 allows him to do so.
(4) This rule does not apply where the claimant uses the Rule 30 procedure.
(5) Where the defendant makes an application under Rule 38, he need not file and serve a defence before the hearing of that application.