Rule 6.6B Extension of time for serving the applicationF1

(1)

The applicant may apply for an order extending the time for compliance with rule 6.6A.

(2)

The general rule is that an application under paragraph (1) must be made—

(a)

within the period for service specified by rule 6.6A; or

(b)

where an order has been made under this rule, within the period specified by that order.

(3)

Where an applicant asserts that they have a good reason for not making an application under paragraph (1) within a period specified in paragraph (2) an application under paragraph (1) may be made—

(a)

after the period for service specified by rule 6.6A; or

(b)

where an order has been made under this rule, after the period specified by that order.

(4)

On an application under paragraph (1), the court must consider all the circumstances including whether—

(a)

the court has failed to serve the application;

(b)

the applicant has taken reasonable steps to comply with rule 6.6A; and

(c)

the applicant has acted promptly.

(5)

An application for an order extending the time for compliance with rule 6.6A—

(a)

must be supported by evidence; and

(b)

may be made without notice.

(6)

Where an order is made without notice—

(a)

a copy of the order; and

(b)

a copy of the application for an order extending time together with any statement supporting it,

must be served on the respondent when the application for a matrimonial or civil partnership order is served.

Annotations

Textual amendments

F1: Rules 6.6A, 6.6B inserted (6.4.2022) by The Family Procedure (Amendment) Rules 2022 (S.I. 2022/44), rules 1(3)(a), 10 (with rule 29); S.I. 2022/283, reg. 2