Non-appearance of person under legal incapacity
7.17 Non-appearance of person under legal incapacity
(cf SCR Part 63, rule 6; DCR Part 45, rule 6; LCR Part 34, rules 3A and 7)
Subject to subrule (2), the plaintiff in proceedings against a defendant who is a person under legal incapacity may take no further step in the proceedings following service of the originating process until a tutor has entered an appearance on behalf of the defendant.
Note.
If no such appearance is entered, the plaintiff may apply to the court under rule 7.18 for the appointment of a tutor of the defendant, or for the removal and appointment of such a tutor.
In the case of proceedings in the Local Court against a defendant who appears to be a person under legal incapacity by reason only of his or her minority—
the plaintiff may serve on the defendant a notice requiring a tutor of the defendant to enter an appearance in the proceedings, and
unless the court orders otherwise, the plaintiff may continue the proceedings as if the defendant were not a person under legal incapacity if such an appearance is not entered within 28 days after service of the notice.
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