# The Civil Procedure Rules 1998, Rule 55.44: Claim referred to judge


(1) On receipt of the defence the court must—
(a) send a copy to the claimant; and
(b) refer the claim and defence to a judge.
(2) Where the period set out in rule 55.43 has expired without the defendant filing a defence—
(a) the claimant may file a written request for an order for possession; and
(b) the court must refer that request to a judge.
(3) Where the defence is received after the period set out in rule 55.43 has expired but before a request is filed in accordance with paragraph (2), paragraph (1) still applies.
(4) Where—
(a) the period set out in rule 55.43 has expired without the defendant filing a defence; and
(b) the claimant has not made a request for an order for possession under paragraph (2) within 3 months after the expiry of the period set out in rule 55.43,
the claim must be stayed.

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Source: https://www.legislation.gov.uk/uksi/1998/3132/rule/55.44 (the official version)
Page: https://openlegislation.uk/civil-procedure-rules-1998/rule-55.44
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.