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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).

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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)
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?

  1. Apply to set aside the judgment or order obtained in the party’s absence
  2. 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.
  3. 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).
  4. 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.

Example counting steps
StepWhat is countedDate
Example 1. Ordinary established factsParty 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 boundaryParty 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 branchParty 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 trialThis is not the default-judgment route or seven days after learning about judgment.
Example resultWednesday, October 21, 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?

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).
Rules of the High Court (Cap. 4A), Order 35, rule 2(2)
  • 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)
Provisions used in this guide
ProvisionPurpose
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 rule1Check the identified procedure, event, counting rule or qualification
High Court Ordinance (Cap.4), section31(1), including its endorsed-writ provisoCheck 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 ScheduleCheck the identified procedure, event, counting rule or qualification
Read the official controlling provision

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