District Court Rules 2014

Subpart 10—Statement of defence and appearance

5.49 Filing and service of statement of defence

(1)

A defendant who intends to defend the proceeding must,—

(a)

within the number of working days stated in the notice of proceeding, file in the registry of the court named in that notice a statement of defence to the plaintiff’s claim; and

(b)

serve a copy of the statement of defence on the plaintiff and any other party.

(2)

Unless otherwise ordered by the court,—

(a)

the place for filing the statement of defence must be the registry of the court in which the statement of claim was filed or into which it has been transferred:

(b)

the time within which the statement of defence is required to be filed is 25 working days after the day on which the statement of claim and notice of proceeding are served on the defendant.

(3)

Subclause (2)(b) is subject to rule 6.31 (which, unless the court otherwise orders, requires a defendant who has been served out of New Zealand to file a statement of defence within 30 working days from the date of service).

(4)

The statement of defence must be accompanied by the list of documents required under rule 8.4 in form 6 (see also rule 8.4 for related requirements to provide copies).

Compare: HCR 5.47