44. Filing and serving a defence

(1) This Rule does not apply to a defence filed in the Small Claims Division to which Part 37 applies or to a defence filed in the Employment Division to which Part 38 applies.
(2) 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.
(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.
Amended on June 1, 2017
Amended on November 2, 2020
Amended on February 15, 2021