Hong Kong · civil procedure
What period applies to summary judgment summons notice?
At least 10 clear intervening days before return day. Serve summons, supporting affidavit and exhibits on the defendant. The result is latest ordinary service, not permission to obtain summary judgment.
- Period
- At least 10 clear intervening days before return day
- Trigger
- Actual return day fixed for the summons
- Rule
- Rules of the High Court (Cap. 4A), Order 14, rule 2(3)
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 summary judgment summons notice?
At least 10 clear intervening days before return day. Serve summons, supporting affidavit and exhibits on the defendant. The result is latest ordinary service, not permission to obtain summary judgment.
Responsible actor. Plaintiff applying for Order 14 summary judgment.
Actual return day fixed for the summons
At least 10 clear intervening days before return day
Plaintiff applying for Order 14 summary judgment. Actual Order 14 summons return day; Complete summons and evidence service; No different direction. Both service day and return day are excluded. A ten-day period does not use the seven-or-less omission rule.
Rules of the High Court (Cap. 4A), Order 14, rule 2(3)How does this provision count time?
- Serve summons, supporting affidavit and exhibits on the defendant
- Plaintiff applying for Order 14 summary judgment uses the established actual return day fixed for the summons. At least 10 clear intervening days before return day. Count backward from the actual appointment. Exclude both service and hearing days for the intervening clear-day interval. Ordinary intervening weekends remain counted unless an applicable source provision excludes them. 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.
- Serve summons, supporting affidavit and exhibits on the defendant. An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. The result is latest ordinary service, not permission to obtain summary judgment.
- The result is latest ordinary service, not permission to obtain summary judgment.
Plaintiff applying for Order 14 summary judgment uses the established actual return day fixed for the summons. At least 10 clear intervening days before return day. Count backward from the actual appointment. Exclude both service and hearing days for the intervening clear-day interval. Ordinary intervening weekends remain counted unless an applicable source provision excludes them. 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.
Serve summons, supporting affidavit and exhibits on the defendant. An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. The result is latest ordinary service, not permission to obtain summary judgment.
Rules of the High Court (Cap. 4A), Order 14, rule 2(3)What do independently checked examples show?
Fictitious example
Plaintiff applying for Order 14 summary judgment. Actual return day fixed for the summons occurs on Friday, October 30, 2026. The retained eligibility and ordinary procedural conditions apply.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Plaintiff applying for Order 14 summary judgment. Actual return day fixed for the summons occurs on Friday, October 30, 2026. The retained eligibility and ordinary procedural conditions apply. At least 10 clear intervening days before return day. The result is latest ordinary service, not permission to obtain summary judgment. | Monday, October 19, 2026 |
| Example 2. Closed-day boundary | Plaintiff applying for Order 14 summary judgment. Actual return day fixed for the summons occurs on Thursday, October 29, 2026. The retained eligibility and ordinary procedural conditions apply. At least 10 clear intervening days before return day. The result is latest ordinary service, not permission to obtain summary judgment. | Sunday, October 18, 2026 |
| Example 3. Material procedural branch | Plaintiff applying for Order 14 summary judgment. Actual return day fixed for the summons occurs on Friday, October 30, 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 Order 14 summons return day | Both service day and return day are excluded. A ten-day period does not use the seven-or-less omission rule. |
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 Order 14 summons return day
- Actual Order 14 summons return day
- Complete summons and evidence service
- Complete summons and evidence service
- No different direction
- No different direction
- Correct source counting and completion route
- Plaintiff applying for Order 14 summary judgment uses the established actual return day fixed for the summons. At least 10 clear intervening days before return day. Count backward from the actual appointment. Exclude both service and hearing days for the intervening clear-day interval. Ordinary intervening weekends remain counted unless an applicable source provision excludes them. 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. Serve summons, supporting affidavit and exhibits on the defendant. An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. The result is latest ordinary service, not permission to obtain summary judgment.
- Plaintiff applying for Order 14 summary judgment. Actual Order 14 summons return day; Complete summons and evidence service; No different direction. Both service day and return day are excluded. A ten-day period does not use the seven-or-less omission rule.
- Both service day and return day are excluded. A ten-day period does not use the seven-or-less omission rule.
What must the responsible actor complete?
Questions about this procedure
What period applies to summary judgment summons notice?
Do the service and hearing days count among the ten days?
No. Rule 2(3) expressly uses clear days. Ten full days must intervene.
Rules of the High Court (Cap. 4A), Order 14, rule 2(3)Can the affidavit follow the summons later?
The summons, affidavit and exhibits must be served not less than ten clear days before the return day.
Rules of the High Court (Cap. 4A), Order 14, rule 2(3)Are weekends automatically omitted from the ten-day interval?
No. Order 3 rule 2(5) applies only to periods of seven days or less.
Rules of the High Court (Cap. 4A), Order 14, rule 2(3)Does the calculation fix the Court’s return day?
No. Supply the actual listed return day. The model works backward from that established date.
Rules of the High Court (Cap. 4A), Order 14, rule 2(3)Who receives the summary-judgment materials?
The defendant on the qualifying Order 14 application.
Rules of the High Court (Cap. 4A), Order 14, rule 2(3)Does this date prove the summary-judgment conditions?
No. The notice interval does not establish the merits, affidavit sufficiency or applicability of Order 14.
Rules of the High Court (Cap. 4A), Order 14, rule 2(3)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Rules of the High Court (Cap. 4A), Order 14, rule 2(3) | 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 |