2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

10.3   The period for filing defence

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    (1)   The general rule is that the period for filing a defence is the period of 28 days after the date of service of the claim form.

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    (2)   If a claim form is issued in one Member State, Territory or Circuit and served in another, the period for filing a defence is 42 days after the date of service of the claim form.

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    (3)   If permission has been given under rule 8.2 for a claim form to be served without a statement of claim, the period for filing a defence is the period of 28 days after the service of the statement of claim.

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    (4)   If the defendant within the period set out in paragraph (1), (2) or (3) makes an application under any relevant legislation relating to arbitration to stay the claim on the grounds that there is a binding agreement to arbitrate, the period for filing a defence is extended to 14 days after the determination of that application.

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    (5)   The parties may agree to extend the period for filing a defence specified in paragraph (1), (2), (3) or (4).

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    (6)   The parties may not make more than two agreements under paragraph (5).

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    (7)   The maximum total extension of time that may be agreed is 56 days.

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    (8)   The defendant must file details of such an agreement.

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    (9)   Where the time limited for filing a defence either by the rules or by agreement has not expired, a defendant may apply for an order extending time to file a defence.

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    (10)   Where the time limited for filing a defence either by the rules or by agreement has expired, a defendant must apply for an order extending time to file a defence.