Magistrates' Court General Civil Procedure Rules 2020

This Rule does not limit the power of the Court under Rule 24.02.

If a party interrogated fails to answer interrogatories within the time limited by the Rules or fixed by any order of the Court, the interrogating party may serve on that party a notice in Form 30A.

If, within 14 days after service of a notice under paragraph (2), the party interrogated does not answer the interrogatories, the Court may order—

if the party interrogated is the plaintiff, that the proceeding be dismissed;

if the party interrogated is a defendant, that the defendant's defence, if any, be struck out.

This Rule, with any necessary modification, applies to a counterclaim and to a claim by third party notice as if the counterclaim or the third party claim were a proceeding.

For the purpose of Rule 21.01, a defendant whose defence is struck out in accordance with paragraph (3) must be taken to be a defendant who, being required to serve a defence, does not do so within the time limited for that purpose.

The Court may set aside or vary an order made under paragraph (3).