OpenLegislation

Paragraph Rule 3 Time for serviceC1

England and Wales

(1)

F1The judgment summons and written evidence must be served not less than 14 days before the day fixed for the hearing.

(2)

A notice of non-service F2will be sent pursuant to CPR rule F36.18 in respect of a judgment summons which has been sent by post under rule 2 (2) and has been returned to the court F4... undelivered.

(3)

CPR rules 7.5 and 7.6 F5... apply, with the necessary modifications, to a judgment summons as they apply to a claim form.

Annotations

Textual amendments

F1

Words in Sch. 2 CCR Order 28 rule 3(1) substituted (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(c), 39(c)

F2

Word in Sch. 2 CCR Order 28 rule 3(2) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 41(b)(i)(aa)

F3

Word in Sch. 2 CCR Order 28 rule 3(2) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 41(b)(i)(bb)

F4

Word in Sch. 2 CCR Order 28 rule 3(2) omitted (1.10.2008) by virtue of The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 41(b)(i)(cc)

F5

Word in rule 3(3) omitted (1.10.2008) by virtue of The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 41(b)(ii)

Modifications

C1

Sch. 2 CCR Order 28 rule 3(2) excluded (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.18(1) (with rules 2.1, 33.1(1))

Notes on Schedule 2

Modifications

C1

Sch. 1, Sch. 2 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)

C2

Sch. 2 applied (with modifications) (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.1(2) (with rules 2.1, 33.1(1))

C3

Sch. 2 CCR Order 27 applied (with modifications) (22.4.2014) by S.I. 2010/2955, rules 33.19, 33.19A (as substituted by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 37 (with rule 45))

Commencement

I1

Sch. 2 in force at 26.4.1999, see Signature