Rule 2.15 Contents of answer and subsequent pleadings

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rules 10.24-10.25 added by Family Proceedings 1993 rule 6
rules 2.71-2.77 revoked by Family Proceedings 1999 rule 19
rules 3.1-3.20 (Pt.III) am. (references to any of rules 2.52-2.70 shatl be read as references to those rules as they were before these rules came into force) by Family Proceedings 1999 rule 20
rules 3.21-3.23 added by Family Proceedings 1993 rule 4
rules 2.71-2.77 added by Family Proceedings 1997 rule 4
rule 2.45A-2.45B inserted by Family Proceedings 2003 rule 3
rule 2.15(1) words inserted by Family Proceedings 2005 rule 19(a)
rule 2.15(2) words inserted by Family Proceedings 2005 rule 19(b)(i)
rule 2.15(2) word inserted by Family Proceedings 2005 rule 19(b)(ii)

(1)

Where an answer, reply or subsequent pleading contains more than a simple denial of the facts stated in the petition, answer or reply, as the case may be, the pleading shall set out with sufficient particularity the facts relied on but not the evidence by which they are to be proved and, if the pleading is filed by the husband or wife, it shall, in relation to those facts, contain the information required in the case of a petition by paragraph 1(k) of Appendix 2.

(2)

Unless otherwise directed, an answer by a husband or wife who disputes any statement required by paragraphs 1(f), (g) and (h) of Appendix 2 to be included in the petition shall contain full particulars of the facts relied on.

(3)

Paragraph 4(a) of Appendix 2 shall, where appropriate, apply with the necessary modifications, to a respondent’s answer as it applies to a petition:

Provided that it shall not be necessary to include in the answer any claim for costs against the petitioner.

(4)

Where an answer to any petition contains a prayer for relief, it shall contain the information required by paragraph 1(j) of Appendix 2 in the case of the petition in so far as it has not been given by the petitioner.

(5)

Where a party’s pleading includes such a statement as is mentioned in rule 2.4, then if the opposite party—

(a)

denies the conviction, finding or adjudication to which the statement relates, or

(b)

alleges that the conviction, finding or adjudication was erroneous, or

(c)

denies that the conviction, finding or adjudication is relevant to any issue in the proceedings,

he must make the denial or allegation in his pleading.

(6)

Rules 2.4 and 2.5 shall apply, with the necessary modifications, to a pleading other than a petition as they apply to a petition.