Bermuda civil and statutory proceedings
When must a Bermuda reply or counterclaim defence be served?
Fourteen days after the relevant pleading is served. Serve the reply or defence to counterclaim on the defendant. A reply is required where needed for rule 8. A plaintiff intending to defend a counterclaim must serve that defence. Combined responses belong in one document.
- Period
- Fourteen days after the relevant pleading is served
- Trigger
- Service of the defence or the counterclaim to which the response relates
- Rule
- Rules of the Supreme Court 1985 (GN 470/1985), Order 18, rule 3(4)
Rules of the Supreme Court 1985 (GN 470/1985), Order 18, rule 3(4). 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.
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Check the applicable procedure
A reply is required where needed for rule 8. A plaintiff intending to defend a counterclaim must serve that defence. Combined responses belong in one document. Establish service of the defence or the counterclaim to which the response relates and the actual completion required to serve the reply or defence to counterclaim on the defendant.
Rules of the Supreme Court 1985 (GN 470/1985), Order 18, rule 3(4)What lawyers say
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When must a Bermuda reply or counterclaim defence be served?
Fourteen days after the relevant pleading is served. Serve the reply or defence to counterclaim on the defendant. A reply is required where needed for rule 8. A plaintiff intending to defend a counterclaim must serve that defence. Combined responses belong in one document.
Responsible actor. Plaintiff replying or defending a counterclaim.
Service of the defence or the counterclaim to which the response relates.
A reply is required where needed for rule 8. A plaintiff intending to defend a counterclaim must serve that defence. Combined responses belong in one document.
A reply is required where needed for rule 8. A plaintiff intending to defend a counterclaim must serve that defence. Combined responses belong in one document.
Rules of the Supreme Court 1985 (GN 470/1985), Order 18, rule 3(4)How does this provision count time?
- Establish service of the defence or the counterclaim to which the response relates.
- Serve the reply or defence to counterclaim on the defendant.
- Track defence service and counterclaim service separately where their events differ. An optional reply does not erase a counterclaim obligation.
- These are service periods. A Registry opening rule does not by itself determine valid or timely service.
Track defence service and counterclaim service separately where their events differ. An optional reply does not erase a counterclaim obligation.
These are service periods. A Registry opening rule does not by itself determine valid or timely service.
Rules of the Supreme Court 1985 (GN 470/1985), Order 18, rule 3(4)Which facts prevent one automatic date?
A reply is required where needed for rule 8. A plaintiff intending to defend a counterclaim must serve that defence. Combined responses belong in one document. Establish service of the defence or the counterclaim to which the response relates and the actual completion required to serve the reply or defence to counterclaim on the defendant.
Plaintiff replying or defending a counterclaim establishes service of the defence or the counterclaim to which the response relates. Track defence service and counterclaim service separately where their events differ. An optional reply does not erase a counterclaim obligation. Fourteen days after the relevant pleading is served. Serve the reply or defence to counterclaim on the defendant. Establish actual completion before calculating a final date.
A proposed boundary intersects a closure or holiday while the party seeks to serve the reply or defence to counterclaim on the defendant. These are service periods. A Registry opening rule does not by itself determine valid or timely service. Establish the applicable computation and completion rule. No assumed carried date is supplied.
A counterclaim is served separately after the defence. A reply is required where needed for rule 8. A plaintiff intending to defend a counterclaim must serve that defence. Combined responses belong in one document. 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
- A reply is required where needed for rule 8. A plaintiff intending to defend a counterclaim must serve that defence. Combined responses belong in one document.
- Count and complete the actual act
- Track defence service and counterclaim service separately where their events differ. An optional reply does not erase a counterclaim obligation. These are service periods. A Registry opening rule does not by itself determine valid or timely service.
- Actor and required completion
- Plaintiff replying or defending a counterclaim. Serve the reply or defence to counterclaim on the defendant.
- A reply is required where needed for rule 8. A plaintiff intending to defend a counterclaim must serve that defence. Combined responses belong in one document.
- Plaintiff replying or defending a counterclaim. Service of the defence or the counterclaim to which the response relates. Serve the reply or defence to counterclaim on the defendant. A reply is required where needed for rule 8. A plaintiff intending to defend a counterclaim must serve that defence. Combined responses belong in one document.
What must the responsible actor complete?
Questions about this procedure
When must a Bermuda reply or counterclaim defence be served?
Is a reply always compulsory?
Rule 3(1) requires one if needed for compliance with rule 8.
Rules of the Supreme Court 1985 (GN 470/1985), Order 18, rule 3(4)What if the plaintiff intends to defend a counterclaim?
Rule 3(2) requires service of a defence to counterclaim.
Rules of the Supreme Court 1985 (GN 470/1985), Order 18, rule 3(4)Which date starts the reply period?
Service of the defence under rule 3(4).
Rules of the Supreme Court 1985 (GN 470/1985), Order 18, rule 3(4)Which date starts the counterclaim defence period?
Service of that counterclaim.
Rules of the Supreme Court 1985 (GN 470/1985), Order 18, rule 3(4)Can the two responses be separate documents?
Rule 3(3) requires a combined document where both are served on the defendant.
Rules of the Supreme Court 1985 (GN 470/1985), Order 18, rule 3(4)Does silence necessarily admit the defence?
Rule 3(1) refers to rule 14(1). Examine that pleading rule rather than assuming an admission.
Rules of the Supreme Court 1985 (GN 470/1985), Order 18, rule 3(4)Official sources and review
Provisions used (7)
| Provision | Purpose |
|---|---|
| Rules of the Supreme Court 1985 (GN 470/1985), Order 18, rule 3(4) | 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 |