311
In forceAppearance by partners
Part 10Parties
Division 3Partners and sole proprietors
311 Appearance by partners
If persons are sued as partners in the name of their firm – they are to appear individually in their own names; and the action is to continue in the name of the firm.
A person served with a writ under rule 310(4)(b) is not to appear to the writ.
A person served as a partner may file a notice of conditional appearance denying that he or she is a partner.
A notice of conditional appearance does not preclude the plaintiff from otherwise serving the firm and obtaining judgment against the firm in default of appearance if no partner files a notice of appearance in the ordinary form.
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