Bermuda civil and statutory proceedings
When can a Bermuda defendant apply to set aside a writ?
Before appearance, or within fourteen days after conditional appearance. Apply by summons for the relevant process or service relief. The pre-appearance branch has no single event-plus-fourteen-day expiry. Identify whether the appearance was conditional and the relief sought.
- Period
- Before appearance, or within fourteen days after conditional appearance
- Trigger
- Entry of a conditional appearance, if one has been entered
- Rule
- Rules of the Supreme Court 1985 (GN 470/1985), Order 12, rule 8(1)
Rules of the Supreme Court 1985 (GN 470/1985), Order 12, rule 8(1). Official consolidated body retrieved October 10, 2026. Bermuda Laws Online states laws amended through August 11, 2026. The consolidation includes BR 10/2024, BR 4/2025 and BR 13/2026, each retained separately.
Source guide · No automated date
Check the applicable procedure
The pre-appearance branch has no single event-plus-fourteen-day expiry. Identify whether the appearance was conditional and the relief sought. Establish entry of a conditional appearance, if one has been entered and the actual completion required to apply by summons for the relevant process or service relief.
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When can a Bermuda defendant apply to set aside a writ?
Before appearance, or within fourteen days after conditional appearance. Apply by summons for the relevant process or service relief. The pre-appearance branch has no single event-plus-fourteen-day expiry. Identify whether the appearance was conditional and the relief sought.
Responsible actor. Defendant challenging process or service.
Entry of a conditional appearance, if one has been entered.
The pre-appearance branch has no single event-plus-fourteen-day expiry. Identify whether the appearance was conditional and the relief sought.
The pre-appearance branch has no single event-plus-fourteen-day expiry. Identify whether the appearance was conditional and the relief sought.
Rules of the Supreme Court 1985 (GN 470/1985), Order 12, rule 8(1)How does this provision count time?
- Establish entry of a conditional appearance, if one has been entered.
- Apply by summons for the relevant process or service relief.
- The conditional-appearance branch begins after entry. Do not use service day for that fourteen-day period.
- A summons application must meet its actual Registry and service requirements. Closure cannot change an unconditional appearance into a conditional one.
The conditional-appearance branch begins after entry. Do not use service day for that fourteen-day period.
A summons application must meet its actual Registry and service requirements. Closure cannot change an unconditional appearance into a conditional one.
Rules of the Supreme Court 1985 (GN 470/1985), Order 12, rule 8(1)Which facts prevent one automatic date?
The pre-appearance branch has no single event-plus-fourteen-day expiry. Identify whether the appearance was conditional and the relief sought. Establish entry of a conditional appearance, if one has been entered and the actual completion required to apply by summons for the relevant process or service relief.
Defendant challenging process or service establishes entry of a conditional appearance, if one has been entered. The conditional-appearance branch begins after entry. Do not use service day for that fourteen-day period. Before appearance, or within fourteen days after conditional appearance. Apply by summons for the relevant process or service relief. Establish actual completion before calculating a final date.
A proposed boundary intersects a closure or holiday while the party seeks to apply by summons for the relevant process or service relief. A summons application must meet its actual Registry and service requirements. Closure cannot change an unconditional appearance into a conditional one. Establish the applicable computation and completion rule. No assumed carried date is supplied.
The defendant has already entered an unconditional appearance. The pre-appearance branch has no single event-plus-fourteen-day expiry. Identify whether the appearance was conditional and the relief sought. Resolve the changed source branch and required act. The nominal period alone does not establish this scenario.
Which conditions and exceptions apply?
- Actual procedure and branch
- The pre-appearance branch has no single event-plus-fourteen-day expiry. Identify whether the appearance was conditional and the relief sought.
- Count and complete the actual act
- The conditional-appearance branch begins after entry. Do not use service day for that fourteen-day period. A summons application must meet its actual Registry and service requirements. Closure cannot change an unconditional appearance into a conditional one.
- Actor and required completion
- Defendant challenging process or service. Apply by summons for the relevant process or service relief.
- The pre-appearance branch has no single event-plus-fourteen-day expiry. Identify whether the appearance was conditional and the relief sought.
- Defendant challenging process or service. Entry of a conditional appearance, if one has been entered. Apply by summons for the relevant process or service relief. The pre-appearance branch has no single event-plus-fourteen-day expiry. Identify whether the appearance was conditional and the relief sought.
What must the responsible actor complete?
Questions about this procedure
When can a Bermuda defendant apply to set aside a writ?
Must the defendant first appear?
No. Rule 8(1) permits an application before entering appearance.
Rules of the Supreme Court 1985 (GN 470/1985), Order 12, rule 8(1)Which appearance starts fourteen days?
A conditional appearance under the express rule 8 branch.
Rules of the Supreme Court 1985 (GN 470/1985), Order 12, rule 8(1)Is the trigger receipt of the writ?
No. The fourteen-day branch follows entry of conditional appearance.
Rules of the Supreme Court 1985 (GN 470/1985), Order 12, rule 8(1)What form starts the application?
A summons under rule 8(2).
Rules of the Supreme Court 1985 (GN 470/1985), Order 12, rule 8(1)Can foreign-service permission be challenged?
The specified relief includes discharging an order giving leave to serve out.
Rules of the Supreme Court 1985 (GN 470/1985), Order 12, rule 8(1)Does one date answer both branches?
No. Pre-appearance eligibility and the conditional-appearance period must be distinguished.
Rules of the Supreme Court 1985 (GN 470/1985), Order 12, rule 8(1)Official sources and review
Provisions used (7)
| Provision | Purpose |
|---|---|
| Rules of the Supreme Court 1985 (GN 470/1985), Order 12, rule 8(1) | Check the identified procedure, event, counting rule or qualification |
| Order 3 rules 1, 2, 4, 5 and 6 | Check the identified procedure, event, counting rule or qualification |
| Rules of the Supreme Court Amendment Rules 2025, Order 18 rule 12 | Check the identified procedure, event, counting rule or qualification |
| Rules of the Supreme Court Amendment Rules 2026, new Order 14A | Check the identified procedure, event, counting rule or qualification |
| Interpretation Act 1951, sections 7–9 | Check the identified procedure, event, counting rule or qualification |
| Public Holidays Act 1947, sections 3–6 and Schedule | Check the identified procedure, event, counting rule or qualification |
| Rules of the Supreme Court Amendment Rules 2024, Order 62 and Schedule | Check the identified procedure, event, counting rule or qualification |