36. Acknowledgment of service and consequence of not filing an acknowledgment of service
(1) This Rule does not apply to a claim form filed in the Small Claims Division to which Part 37 applies.
(2) A defendant must file and, at the same time, serve a copy of the acknowledgment of service on the claimant and every other party in accordance with Rule 37.
(3) A defendant must file an acknowledgment of service even if he is unable to file a defence within the period specified in Rule 44 or he wishes to dispute the Court's jurisdiction.
(4) If a defendant fails to file an acknowledgment of service within the period specified in Rule 37, the claimant may obtain default judgment if Rule 39 allows him to do so.
(5) If the claim was issued under the Rule 30 procedure, the defendant may attend the hearing of the claim but may not take part in the hearing unless the Court gives permission.
|Amended on November 2, 2020|