Hong Kong · civil procedure
What period applies to cfi writ renewal application?
Application before the next day after expiry; granted extension at most 12 months. Apply to the Court for an extension; obtain the actual order and stamp. A request alone does not preserve validity or establish the granted extension. The Court can allow a later application day and can grant fewer than twelve months. The new period begins the day after otherwise-expiry.
- Period
- Application before the next day after expiry; granted extension at most 12 months
- Trigger
- Expiry of the writ’s established current validity
- Rule
- Rules of the High Court (Cap. 4A), Order 6, rule 8(2)
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The Court can allow a later application day and can grant fewer than twelve months. The new period begins the day after otherwise-expiry.
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What period applies to cfi writ renewal application?
Application before the next day after expiry; granted extension at most 12 months. Apply to the Court for an extension; obtain the actual order and stamp. A request alone does not preserve validity or establish the granted extension. The Court can allow a later application day and can grant fewer than twelve months. The new period begins the day after otherwise-expiry.
Responsible actor. Plaintiff with an unserved writ.
Expiry of the writ’s established current validity
Application before the next day after expiry; granted extension at most 12 months
Plaintiff with an unserved writ. Unserved defendant; Current expiry independently established; Actual extension order needed. The Court can allow a later application day and can grant fewer than twelve months. The new period begins the day after otherwise-expiry.
Rules of the High Court (Cap. 4A), Order 6, rule 8(2)How does this provision count time?
- Apply to the Court for an extension; obtain the actual order and stamp
- Plaintiff with an unserved writ uses the established expiry of the writ’s established current validity. Application before the next day after expiry; granted extension at most 12 months. The Court can allow a later application day and can grant fewer than twelve months. The new period begins the day after otherwise-expiry.
- A Court closure does not establish an unknown ordered period, a complete direction sequence or an unresolved possession-expiry instant. Establish the separate act and its operative source before choosing a filing date. A request alone does not preserve validity or establish the granted extension.
- A request alone does not preserve validity or establish the granted extension.
Plaintiff with an unserved writ uses the established expiry of the writ’s established current validity. Application before the next day after expiry; granted extension at most 12 months. The Court can allow a later application day and can grant fewer than twelve months. The new period begins the day after otherwise-expiry.
A Court closure does not establish an unknown ordered period, a complete direction sequence or an unresolved possession-expiry instant. Establish the separate act and its operative source before choosing a filing date. A request alone does not preserve validity or establish the granted extension.
Rules of the High Court (Cap. 4A), Order 6, rule 8(2)Which facts prevent one automatic date?
The Court can allow a later application day and can grant fewer than twelve months. The new period begins the day after otherwise-expiry.
Application before the next day after expiry; granted extension at most 12 months Apply to the Court for an extension; obtain the actual order and stamp A request alone does not preserve validity or establish the granted extension.
A Court-office closure does not select an unknown ordered period or cure a separate unmet procedural act. Apply to the Court for an extension; obtain the actual order and stamp A request alone does not preserve validity or establish the granted extension.
The Court can allow a later application day and can grant fewer than twelve months. The new period begins the day after otherwise-expiry. Apply to the Court for an extension; obtain the actual order and stamp A request alone does not preserve validity or establish the granted extension.
Which conditions and exceptions apply?
- Unserved defendant
- Unserved defendant
- Current expiry independently established
- Current expiry independently established
- Actual extension order needed
- Actual extension order needed
- Correct source counting and completion route
- Plaintiff with an unserved writ uses the established expiry of the writ’s established current validity. Application before the next day after expiry; granted extension at most 12 months. The Court can allow a later application day and can grant fewer than twelve months. The new period begins the day after otherwise-expiry. A Court closure does not establish an unknown ordered period, a complete direction sequence or an unresolved possession-expiry instant. Establish the separate act and its operative source before choosing a filing date. A request alone does not preserve validity or establish the granted extension.
- Plaintiff with an unserved writ. Unserved defendant; Current expiry independently established; Actual extension order needed. The Court can allow a later application day and can grant fewer than twelve months. The new period begins the day after otherwise-expiry.
- The Court can allow a later application day and can grant fewer than twelve months. The new period begins the day after otherwise-expiry.
What must the responsible actor complete?
Questions about this procedure
What period applies to cfi writ renewal application?
Is writ renewal automatically twelve months?
No. Order 6 rule 8(2) lets the Court specify a period not exceeding twelve months on each extension.
Rules of the High Court (Cap. 4A), Order 6, rule 8(2)When should the renewal application be made?
Before the day following otherwise-expiry, unless the Court permits a later day. Establish the current expiry first.
Rules of the High Court (Cap. 4A), Order 6, rule 8(2)Does a late renewal application necessarily fail?
The provision permits a later day the Court allows. This requires actual judicial relief, not a presumed extension.
Rules of the High Court (Cap. 4A), Order 6, rule 8(2)When does an ordered extension begin?
It begins on the day after the writ would otherwise expire. The application date does not replace that anchor.
Rules of the High Court (Cap. 4A), Order 6, rule 8(2)Can the extended writ be served unstamped?
Rule 8(3) requires an official stamp showing the extended validity before service.
Rules of the High Court (Cap. 4A), Order 6, rule 8(2)Does the renewal affect another unserved writ in the action?
Rule 8(4) applies the ordered extension to other unserved original or concurrent writs in the same action.
Rules of the High Court (Cap. 4A), Order 6, rule 8(2)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Rules of the High Court (Cap. 4A), Order 6, rule 8(2) | Check the identified procedure, event, counting rule or qualification |
| Rules of the High Court (Cap.4A), Order3 rules1–5 and Order64 rule1 | Check the identified procedure, event, counting rule or qualification |
| High Court Ordinance (Cap.4), section31(1), including its endorsed-writ proviso | Check the identified procedure, event, counting rule or qualification |
| Interpretation and General Clauses Ordinance (Cap.1), section71(1)–(2) | Check the identified procedure, event, counting rule or qualification |
| General Holidays Ordinance (Cap.149), section3 and Schedule | Check the identified procedure, event, counting rule or qualification |