Hong Kong · civil procedure
What period applies to originating summons defendant evidence?
28 days after plaintiff-evidence service. File defendant affidavits and serve plaintiff and affected defendants. An elected evidence response has filing and service requirements.
- Period
- 28 days after plaintiff-evidence service
- Trigger
- Effective service of copies of plaintiff affidavit evidence
- Rule
- Rules of the High Court (Cap. 4A), Order 28, rule 1A(4)
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 originating summons defendant evidence?
28 days after plaintiff-evidence service. File defendant affidavits and serve plaintiff and affected defendants. An elected evidence response has filing and service requirements.
Responsible actor. Defendant who acknowledged and wishes to adduce evidence.
Effective service of copies of plaintiff affidavit evidence
28 days after plaintiff-evidence service
Defendant who acknowledged and wishes to adduce evidence. Acknowledgment given; Actual wish to adduce evidence; Complete plaintiff affidavit copies served; No contrary direction. This does not run from originating-summons service alone. Later affidavits require leave outside the specified evidence sequence.
Rules of the High Court (Cap. 4A), Order 28, rule 1A(4)How does this provision count time?
- File defendant affidavits and serve plaintiff and affected defendants
- Defendant who acknowledged and wishes to adduce evidence uses the established effective service of copies of plaintiff affidavit evidence. 28 days after plaintiff-evidence service. Exclude the effective event day. 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.
- File defendant affidavits and serve plaintiff and affected defendants. 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. An elected evidence response has filing and service requirements.
- An elected evidence response has filing and service requirements.
- A closed interparty or combined endpoint needs separate source qualification. An ordinary weekday calculation does not certify this boundary.
Defendant who acknowledged and wishes to adduce evidence uses the established effective service of copies of plaintiff affidavit evidence. 28 days after plaintiff-evidence service. Exclude the effective event day. 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.
File defendant affidavits and serve plaintiff and affected defendants. 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. An elected evidence response has filing and service requirements. This closed interparty or combined filing and service boundary is withheld pending separate qualification of section71 and the applicable Court procedure. The calculator refuses that boundary.
Rules of the High Court (Cap. 4A), Order 28, rule 1A(4)What do independently checked examples show?
Fictitious example
Defendant who acknowledged and wishes to adduce evidence. Effective service of copies of plaintiff affidavit evidence occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Defendant who acknowledged and wishes to adduce evidence. Effective service of copies of plaintiff affidavit evidence occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. 28 days after plaintiff-evidence service. An elected evidence response has filing and service requirements. | Friday, November 6, 2026 |
| Example 2. Closed-day boundary | Defendant who acknowledged and wishes to adduce evidence. Effective service of copies of plaintiff affidavit evidence occurs on Monday, September 21, 2026. The retained eligibility and ordinary procedural conditions apply. 28 days after plaintiff-evidence service. An elected evidence response has filing and service requirements. | A closed combined filing-and-service endpoint needs separately established completion treatment for both acts. |
| Example 3. Material procedural branch | Defendant who acknowledged and wishes to adduce evidence. Effective service of copies of plaintiff affidavit evidence 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. Acknowledgment given | This does not run from originating-summons service alone. Later affidavits require leave outside the specified evidence sequence. |
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?
- Acknowledgment given
- Acknowledgment given
- Actual wish to adduce evidence
- Actual wish to adduce evidence
- Complete plaintiff affidavit copies served
- Complete plaintiff affidavit copies served
- No contrary direction
- No contrary direction
- Correct source counting and completion route
- Defendant who acknowledged and wishes to adduce evidence uses the established effective service of copies of plaintiff affidavit evidence. 28 days after plaintiff-evidence service. Exclude the effective event day. 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. File defendant affidavits and serve plaintiff and affected defendants. 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. An elected evidence response has filing and service requirements.
- Defendant who acknowledged and wishes to adduce evidence. Acknowledgment given; Actual wish to adduce evidence; Complete plaintiff affidavit copies served; No contrary direction. This does not run from originating-summons service alone. Later affidavits require leave outside the specified evidence sequence.
- This does not run from originating-summons service alone. Later affidavits require leave outside the specified evidence sequence.
What must the responsible actor complete?
Questions about this procedure
What period applies to originating summons defendant evidence?
Does originating-summons service start this evidence clock?
No. Order 28 rule 1A(4) identifies service of the plaintiff’s affidavit evidence.
Rules of the High Court (Cap. 4A), Order 28, rule 1A(4)Must every defendant file affidavit evidence?
The paragraph applies to a defendant who acknowledged service and wishes to adduce evidence.
Rules of the High Court (Cap. 4A), Order 28, rule 1A(4)Who receives the defendant’s affidavit copies?
The plaintiff and any other defendant affected by that evidence.
Rules of the High Court (Cap. 4A), Order 28, rule 1A(4)Is filing alone enough?
No. The rule requires filing and the specified service.
Rules of the High Court (Cap. 4A), Order 28, rule 1A(4)Can the defendant file unlimited later evidence?
Rule 1A(6) limits further affidavits outside the sequence without leave.
Rules of the High Court (Cap. 4A), Order 28, rule 1A(4)Can a Court order change twenty-eight days?
Yes. The rule’s contrary-direction provision must be checked against the actual order.
Rules of the High Court (Cap. 4A), Order 28, rule 1A(4)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Rules of the High Court (Cap. 4A), Order 28, rule 1A(4) | 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 |