Hong Kong · civil procedure
What period applies to trial absence set aside application?
7 specified-day-excluded days after trial. Apply to set aside the judgment or order obtained in the party’s absence. Relief remains the Court’s decision on terms under Order 35 rule 2(1).
- Period
- 7 specified-day-excluded days after trial
- Trigger
- The trial at which that party did not appear
- Rule
- Rules of the High Court (Cap. 4A), Order 35, rule 2(2)
Official verified English consolidated chapter 4A, version October 1,2025. Acquired October 9, 2026, with the official current register and immutable verified PDF. Current verified official English consolidated chapter PDFs acquired October 9, 2026. Version dates retained per chapter register. No claim that a calendar proves future gale, black-rainstorm or emergency office closures.
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What period applies to trial absence set aside application?
7 specified-day-excluded days after trial. Apply to set aside the judgment or order obtained in the party’s absence. Relief remains the Court’s decision on terms under Order 35 rule 2(1).
Responsible actor. Party absent from the trial.
The trial at which that party did not appear
7 specified-day-excluded days after trial
Party absent from the trial. Actual absence at trial; Judgment or order obtained in absence; Trial event established; No different order. This is not the default-judgment route or seven days after learning about judgment.
Rules of the High Court (Cap. 4A), Order 35, rule 2(2)How does this provision count time?
- Apply to set aside the judgment or order obtained in the party’s absence
- Party absent from the trial uses the established the trial at which that party did not appear. 7 specified-day-excluded days after trial. Exclude the effective event day. Order3 rule2(5)–(6) omits the specified Saturdays, general holidays, gale-warning days and black-rainstorm-warning days. Actual other Court-office closure matters where the act is required there. High Court Ordinance (Cap. 4), section 31(1), omits Summer Vacation for the applicable civil procedural period not exceeding one month unless the Court directs otherwise. Order 64 rule 1 supplies August 1 through August 31. Order 3 rule 3 separately covers pleading periods.
- Apply to set aside the judgment or order obtained in the party’s absence. An applicable Court-office completion may move under the exact final-day source only when the act cannot be done there. Establish the actual office route, closure and any different effective electronic route. Relief remains the Court’s decision on terms under Order 35 rule 2(1).
- Relief remains the Court’s decision on terms under Order 35 rule 2(1).
Party absent from the trial uses the established the trial at which that party did not appear. 7 specified-day-excluded days after trial. Exclude the effective event day. Order3 rule2(5)–(6) omits the specified Saturdays, general holidays, gale-warning days and black-rainstorm-warning days. Actual other Court-office closure matters where the act is required there. High Court Ordinance (Cap. 4), section 31(1), omits Summer Vacation for the applicable civil procedural period not exceeding one month unless the Court directs otherwise. Order 64 rule 1 supplies August 1 through August 31. Order 3 rule 3 separately covers pleading periods.
Apply to set aside the judgment or order obtained in the party’s absence. An applicable Court-office completion may move under the exact final-day source only when the act cannot be done there. Establish the actual office route, closure and any different effective electronic route. Relief remains the Court’s decision on terms under Order 35 rule 2(1).
Rules of the High Court (Cap. 4A), Order 35, rule 2(2)What do independently checked examples show?
Fictitious example
Party absent from the trial. The trial at which that party did not appear occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Party absent from the trial. The trial at which that party did not appear occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. 7 specified-day-excluded days after trial. Relief remains the Court’s decision on terms under Order 35 rule 2(1). | Wednesday, October 21, 2026 |
| Example 2. Closed-day boundary | Party absent from the trial. The trial at which that party did not appear occurs on Thursday, October 15, 2026. The retained eligibility and ordinary procedural conditions apply. 7 specified-day-excluded days after trial. Relief remains the Court’s decision on terms under Order 35 rule 2(1). | Tuesday, October 27, 2026 |
| Example 3. Material procedural branch | Party absent from the trial. The trial at which that party did not appear occurs on Friday, October 9, 2026. The complete eligibility and procedural facts are not established. This actual branch must be established independently before any ordinary endpoint can be used. Actual absence at trial | This is not the default-judgment route or seven days after learning about judgment. |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Actual absence at trial
- Actual absence at trial
- Judgment or order obtained in absence
- Judgment or order obtained in absence
- Trial event established
- Trial event established
- No different order
- No different order
- Correct source counting and completion route
- Party absent from the trial uses the established the trial at which that party did not appear. 7 specified-day-excluded days after trial. Exclude the effective event day. Order3 rule2(5)–(6) omits the specified Saturdays, general holidays, gale-warning days and black-rainstorm-warning days. Actual other Court-office closure matters where the act is required there. High Court Ordinance (Cap. 4), section 31(1), omits Summer Vacation for the applicable civil procedural period not exceeding one month unless the Court directs otherwise. Order 64 rule 1 supplies August 1 through August 31. Order 3 rule 3 separately covers pleading periods. Apply to set aside the judgment or order obtained in the party’s absence. An applicable Court-office completion may move under the exact final-day source only when the act cannot be done there. Establish the actual office route, closure and any different effective electronic route. Relief remains the Court’s decision on terms under Order 35 rule 2(1).
- Party absent from the trial. Actual absence at trial; Judgment or order obtained in absence; Trial event established; No different order. This is not the default-judgment route or seven days after learning about judgment.
- This is not the default-judgment route or seven days after learning about judgment.
What must the responsible actor complete?
Questions about this procedure
What period applies to trial absence set aside application?
Does learning of the judgment start this seven-day period?
No. Order 35 rule 2(2) identifies the trial at which the party failed to appear.
Rules of the High Court (Cap. 4A), Order 35, rule 2(2)Is this the default-judgment set-aside procedure?
No. It concerns a trial held in a party’s absence.
Rules of the High Court (Cap. 4A), Order 35, rule 2(2)Are weekends counted among these seven days?
Order 3 rule 2(5) omits specified days for a seven-day period, including Saturdays and general holidays.
Rules of the High Court (Cap. 4A), Order 35, rule 2(2)Does a timely application automatically set aside judgment?
No. Rule 2(1) gives the Court power to set aside on appropriate terms.
Rules of the High Court (Cap. 4A), Order 35, rule 2(2)Which event must a calculation retain?
The actual trial event and the fact that judgment or an order was obtained in that party’s absence.
Rules of the High Court (Cap. 4A), Order 35, rule 2(2)What happens if the Court office is inaccessible on completion day?
A Court-office act requires actual closure treatment under Order 3 rules 2 and 4, including additional closure facts.
Rules of the High Court (Cap. 4A), Order 35, rule 2(2)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Rules of the High Court (Cap. 4A), Order 35, rule 2(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 |