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England and Wales · Court of Protection

When must a respondent file evidence opposing an application?

In an established non-pathway case, rule 9.12(5) or (7) ordinarily requires the relevant witness statement within twenty-eight days after service or notification. PD 3B disapplies those paragraphs where the case is allocated to a case pathway.

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Period
Ordinary 28-day outer period after the established event
Trigger
Effective application service or actual notification in an applicable non-pathway case
Rule
Court of Protection Rules 2017, rule 9.12
Court of Protection Rules 2017, rule 9.12

The retained official source identifies Court of Protection Rules 2017, rule 9.12. The fourteen-day acknowledgment can fall earlier. Pathway directions can replace this ordinary evidence timetable altogether.

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When must a respondent file evidence opposing an application?

In an established non-pathway case, rule 9.12(5) or (7) ordinarily requires the relevant witness statement within twenty-eight days after service or notification. PD 3B disapplies those paragraphs where the case is allocated to a case pathway.

Responsible actor. The served or notified person opposing the application or seeking another order.

Effective application service or actual notification in an applicable non-pathway case.

Confirm the case is within a PD 3B excepted class and no contrary evidence direction applies. Identify whether the person was served or notified.

Confirm the case is within a PD 3B excepted class and no contrary evidence direction applies. Identify whether the person was served or notified.

Court of Protection Rules 2017, rule 9.12

How does this provision count time?

  1. In an established non-pathway case, rule 9.12(5) or (7) ordinarily requires the relevant witness statement within twenty-eight days after service or notification. PD 3B disapplies those paragraphs where the case is allocated to a case pathway.
  2. File the required evidence within the established ordinary period. Expert-evidence restrictions in rules 15.2 and 15.5 remain separate.
  3. The fourteen-day acknowledgment can fall earlier. Pathway directions can replace this ordinary evidence timetable altogether.

The ordinary opposing witness-statement filing period excludes the established operative event day. Count 28 calendar days through the compliance endpoint. That endpoint is not a separate hearing or other event requiring another excluded day. Effective application service or actual notification in an applicable non-pathway case is the relevant starting event.

The opposing witness-statement filing obligation requires an act at the court office. Rule 2.4(5) permits completion on its next open day if this filing period ends while the office is closed. Establish the actual office calendar and any additional direction.

Court of Protection Rules 2017, rule 9.12

What do independently checked examples show?

Fictitious example

The established event is Thursday, October 8, 2026. Confirm the case is within a PD 3B excepted class and no contrary evidence direction applies. Identify whether the person was served or notified. No different operative direction, applicable extension or additional office closure is established. Confirm the case is within a PD 3B excepted class and no contrary evidence direction applies. Identify whether the person was served or notified.

Example counting steps
StepWhat is countedDate
Example 1. Ordinary established factsThe established event is Thursday, October 8, 2026. Confirm the case is within a PD 3B excepted class and no contrary evidence direction applies. Identify whether the person was served or notified. No different operative direction, applicable extension or additional office closure is established. Confirm the case is within a PD 3B excepted class and no contrary evidence direction applies. Identify whether the person was served or notified. Exclude the event day and enumerate 28 calendar days through the endpoint. This ordinary endpoint has no additional day merely because the rule uses clear days.Thursday, November 5, 2026
Example 2. Closed-day boundaryThe established event is Friday, November 27, 2026. Confirm the case is within a PD 3B excepted class and no contrary evidence direction applies. Identify whether the person was served or notified. No different operative direction, applicable extension or additional office closure is established. The ordinary endpoint is Christmas Day. The required act must be distinguished from a court-office filing. Confirm the case is within a PD 3B excepted class and no contrary evidence direction applies. Identify whether the person was served or notified. Exclude the event day and enumerate 28 calendar days through the endpoint. The final court-office day is carried through the established Christmas closures to the next open day.Tuesday, December 29, 2026
Example 3. Material procedural branchThe established event is Monday, October 12, 2026. Confirm the case is within a PD 3B excepted class and no contrary evidence direction applies. Identify whether the person was served or notified. No different operative direction, applicable extension or additional office closure is established. The fourteen-day acknowledgment can fall earlier. Pathway directions can replace this ordinary evidence timetable altogether. Confirm the case is within a PD 3B excepted class and no contrary evidence direction applies. Identify whether the person was served or notified. Exclude the event day and enumerate 28 calendar days through the endpoint. This ordinary endpoint has no additional day merely because the rule uses clear days.Monday, November 9, 2026
Example resultThursday, November 5, 2026

Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.

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Which conditions and exceptions apply?

Applicable procedure and event
Confirm the case is within a PD 3B excepted class and no contrary evidence direction applies. Identify whether the person was served or notified.
Required act and boundary
File the required evidence within the established ordinary period. Expert-evidence restrictions in rules 15.2 and 15.5 remain separate.
Separate connected procedure
The fourteen-day acknowledgment can fall earlier. Pathway directions can replace this ordinary evidence timetable altogether.
Court of Protection Rules 2017, rule 9.12
  • Confirm the case is within a PD 3B excepted class and no contrary evidence direction applies. Identify whether the person was served or notified.
  • The fourteen-day acknowledgment can fall earlier. Pathway directions can replace this ordinary evidence timetable altogether.

What must the responsible actor complete?

Questions about this procedure

When must a respondent file evidence opposing an application?

Can every Court of Protection respondent use twenty-eight days?

No. PD 3B expressly disapplies rule 9.12(5) and (7) in allocated case pathways.

Court of Protection Practice Direction 3B, introduction and paragraph 1.1

Which cases can remain outside the ordinary pathways?

PD 3B lists exceptions including uncontested applications, statutory wills and gifts, Public Guardian applications and specified forms or Schedule 3 cases.

Court of Protection Practice Direction 3B, introduction and paragraph 1.1

Does notification use the same witness-statement category as service?

Rule 9.12(7) separately addresses a notified person’s interest and opposing evidence.

Court of Protection Rules 2017, rule 9.12

Does the court retain power to set a different evidence period?

Yes. Both evidence paragraphs are expressly subject to the court directing otherwise.

Court of Protection Rules 2017, rule 9.12

Does this deadline permit unrestricted expert reports?

No. The cited paragraphs remain subject to rules 15.2 and 15.5.

Court of Protection Rules 2017, rule 9.12

Can filing evidence replace the acknowledgment requirement?

No. Acknowledgment and the relevant evidence are separate procedural duties.

Court of Protection Rules 2017, rule 9.12

Official sources and review

Provisions used (3)
Provisions used in this guide
ProvisionPurpose
Court of Protection Rules 2017, rule 9.12Check the identified procedure, event, counting rule or qualification
Court of Protection Practice Direction 3B, introduction and paragraph 1.1Check the identified procedure, event, counting rule or qualification
Court of Protection Rules 2017, rule 2.4Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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