Bermuda civil and statutory proceedings
When may a Bermuda plaintiff enter default appearance judgment?
After appearance time expires, subject to the actual default judgment conditions. Seek final judgment within the permitted demand and costs. Order 13 rule 1 is an earliest eligibility rule. Domestic, foreign and extended appearance times differ. Proper service and endorsement must be established.
- Period
- After appearance time expires, subject to the actual default judgment conditions
- Trigger
- Expiry of the defendant’s established appearance time without appearance
- Rule
- Rules of the Supreme Court 1985 (GN 470/1985), Order 13, rule 1(1)
Rules of the Supreme Court 1985 (GN 470/1985), Order 13, rule 1(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
Order 13 rule 1 is an earliest eligibility rule. Domestic, foreign and extended appearance times differ. Proper service and endorsement must be established. Establish expiry of the defendant’s established appearance time without appearance and the actual completion required to seek final judgment within the permitted demand and costs.
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When may a Bermuda plaintiff enter default appearance judgment?
After appearance time expires, subject to the actual default judgment conditions. Seek final judgment within the permitted demand and costs. Order 13 rule 1 is an earliest eligibility rule. Domestic, foreign and extended appearance times differ. Proper service and endorsement must be established.
Responsible actor. Plaintiff claiming only a liquidated demand.
Expiry of the defendant’s established appearance time without appearance.
Order 13 rule 1 is an earliest eligibility rule. Domestic, foreign and extended appearance times differ. Proper service and endorsement must be established.
Order 13 rule 1 is an earliest eligibility rule. Domestic, foreign and extended appearance times differ. Proper service and endorsement must be established.
Rules of the Supreme Court 1985 (GN 470/1985), Order 13, rule 1(1)How does this provision count time?
- Establish expiry of the defendant’s established appearance time without appearance.
- Seek final judgment within the permitted demand and costs.
- First calculate the applicable appearance boundary. After its expiry does not mean judgment can be entered on its final allowed day.
- Court availability does not itself establish default or an automatic right to judgment. Confirm the defendant’s actual appearance status.
First calculate the applicable appearance boundary. After its expiry does not mean judgment can be entered on its final allowed day.
Court availability does not itself establish default or an automatic right to judgment. Confirm the defendant’s actual appearance status.
Rules of the Supreme Court 1985 (GN 470/1985), Order 13, rule 1(1)Which facts prevent one automatic date?
Order 13 rule 1 is an earliest eligibility rule. Domestic, foreign and extended appearance times differ. Proper service and endorsement must be established. Establish expiry of the defendant’s established appearance time without appearance and the actual completion required to seek final judgment within the permitted demand and costs.
Plaintiff claiming only a liquidated demand establishes expiry of the defendant’s established appearance time without appearance. First calculate the applicable appearance boundary. After its expiry does not mean judgment can be entered on its final allowed day. After appearance time expires, subject to the actual default judgment conditions. Seek final judgment within the permitted demand and costs. Establish actual completion before calculating a final date.
A proposed boundary intersects a closure or holiday while the party seeks to seek final judgment within the permitted demand and costs. Court availability does not itself establish default or an automatic right to judgment. Confirm the defendant’s actual appearance status. Establish the applicable computation and completion rule. No assumed carried date is supplied.
An extension of the appearance period was agreed or ordered. Order 13 rule 1 is an earliest eligibility rule. Domestic, foreign and extended appearance times differ. Proper service and endorsement must be established. 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
- Order 13 rule 1 is an earliest eligibility rule. Domestic, foreign and extended appearance times differ. Proper service and endorsement must be established.
- Count and complete the actual act
- First calculate the applicable appearance boundary. After its expiry does not mean judgment can be entered on its final allowed day. Court availability does not itself establish default or an automatic right to judgment. Confirm the defendant’s actual appearance status.
- Actor and required completion
- Plaintiff claiming only a liquidated demand. Seek final judgment within the permitted demand and costs.
- Order 13 rule 1 is an earliest eligibility rule. Domestic, foreign and extended appearance times differ. Proper service and endorsement must be established.
- Plaintiff claiming only a liquidated demand. Expiry of the defendant’s established appearance time without appearance. Seek final judgment within the permitted demand and costs. Order 13 rule 1 is an earliest eligibility rule. Domestic, foreign and extended appearance times differ. Proper service and endorsement must be established.
What must the responsible actor complete?
Questions about this procedure
When may a Bermuda plaintiff enter default appearance judgment?
Does every claim qualify under rule 1?
No. The writ must claim a liquidated demand only.
Rules of the Supreme Court 1985 (GN 470/1985), Order 13, rule 1(1)Does the plaintiff have a new fourteen-day filing limit?
No. Rule 1 permits judgment after the applicable appearance time.
Rules of the Supreme Court 1985 (GN 470/1985), Order 13, rule 1(1)Can the judgment exceed the demand?
Rule 1(1) limits the sum to that claimed by the writ, together with costs.
Rules of the Supreme Court 1985 (GN 470/1985), Order 13, rule 1(1)Does default by one defendant end all claims?
The rule permits proceedings to continue against other defendants.
Rules of the Supreme Court 1985 (GN 470/1985), Order 13, rule 1(1)Must service particulars be checked?
Yes. Order 10 rule 1(4) may restrict default judgment entitlement.
Rules of the Supreme Court 1985 (GN 470/1985), Order 13, rule 1(1)Does an unspecified interest rate prevent this category?
Rule 1(2) contains a specific interest treatment. Check its terms rather than assuming that it does.
Rules of the Supreme Court 1985 (GN 470/1985), Order 13, rule 1(1)Official sources and review
Provisions used (7)
| Provision | Purpose |
|---|---|
| Rules of the Supreme Court 1985 (GN 470/1985), Order 13, rule 1(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 |