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Supreme Court Rules 2000 (S.R. 2000, No. 8)
Requested:  1 Aug 2014
Consolidated as at:  29 Feb 2012

197. Procedure for counterclaim or cross-application against a person not a party

      (1) A person served with a defence and counterclaim or cross-application who is not already a party to the action is to file a notice of appearance.

      (2) The period limited for the filing of a notice of appearance is not less than that prescribed by rule 98 or 99 as if the person to whom the notice required by rule 196(2)(b) is directed was a defendant named in a writ or a respondent to an originating application.

      (3) A person to whom subrule (1) applies, other than a person served with a cross-application –

(a) may be proceeded against as if served with a writ in an action; and

(b) is to deliver a defence to the counterclaim within the appropriate period as if the defence and counterclaim were a statement of claim.



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