Hong Kong · civil procedure
What period applies to originating summons reply evidence?
14 days after defendant-evidence service. File reply affidavit evidence and serve the affected parties. Further evidence outside the sequence requires leave under paragraph (6).
- Period
- 14 days after defendant-evidence service
- Trigger
- Effective service of the defendant’s affidavit copy
- Rule
- Rules of the High Court (Cap. 4A), Order 28, rule 1A(5)
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 reply evidence?
14 days after defendant-evidence service. File reply affidavit evidence and serve the affected parties. Further evidence outside the sequence requires leave under paragraph (6).
Responsible actor. Plaintiff electing further affidavit evidence in reply.
Effective service of the defendant’s affidavit copy
14 days after defendant-evidence service
Plaintiff electing further affidavit evidence in reply. Actual defendant evidence served; Reply evidence elected; No contrary direction. Reply evidence under Order 28 rule 1A(5) is distinct from a pleading reply under Order 18.
Rules of the High Court (Cap. 4A), Order 28, rule 1A(5)How does this provision count time?
- File reply affidavit evidence and serve the affected parties
- Plaintiff electing further affidavit evidence in reply uses the established effective service of the defendant’s affidavit copy. 14 days after defendant-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 reply affidavit evidence and serve the affected parties. 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. Further evidence outside the sequence requires leave under paragraph (6).
- Further evidence outside the sequence requires leave under paragraph (6).
- A closed interparty or combined endpoint needs separate source qualification. An ordinary weekday calculation does not certify this boundary.
Plaintiff electing further affidavit evidence in reply uses the established effective service of the defendant’s affidavit copy. 14 days after defendant-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 reply affidavit evidence and serve the affected parties. 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. Further evidence outside the sequence requires leave under paragraph (6). 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(5)What do independently checked examples show?
Fictitious example
Plaintiff electing further affidavit evidence in reply. Effective service of the defendant’s affidavit copy occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Plaintiff electing further affidavit evidence in reply. Effective service of the defendant’s affidavit copy occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. 14 days after defendant-evidence service. Further evidence outside the sequence requires leave under paragraph (6). | Friday, October 23, 2026 |
| Example 2. Closed-day boundary | Plaintiff electing further affidavit evidence in reply. Effective service of the defendant’s affidavit copy occurs on Monday, October 5, 2026. The retained eligibility and ordinary procedural conditions apply. 14 days after defendant-evidence service. Further evidence outside the sequence requires leave under paragraph (6). | A closed combined filing-and-service endpoint needs separately established completion treatment for both acts. |
| Example 3. Material procedural branch | Plaintiff electing further affidavit evidence in reply. Effective service of the defendant’s affidavit copy 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 defendant evidence served | Reply evidence under Order 28 rule 1A(5) is distinct from a pleading reply under Order 18. |
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 defendant evidence served
- Actual defendant evidence served
- Reply evidence elected
- Reply evidence elected
- No contrary direction
- No contrary direction
- Correct source counting and completion route
- Plaintiff electing further affidavit evidence in reply uses the established effective service of the defendant’s affidavit copy. 14 days after defendant-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 reply affidavit evidence and serve the affected parties. 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. Further evidence outside the sequence requires leave under paragraph (6).
- Plaintiff electing further affidavit evidence in reply. Actual defendant evidence served; Reply evidence elected; No contrary direction. Reply evidence under Order 28 rule 1A(5) is distinct from a pleading reply under Order 18.
- Reply evidence under Order 28 rule 1A(5) is distinct from a pleading reply under Order 18.
What must the responsible actor complete?
Questions about this procedure
What period applies to originating summons reply evidence?
Is this the twenty-eight-day pleading reply?
No. Order 28 rule 1A(5) concerns affidavit evidence in an originating-summons proceeding.
Rules of the High Court (Cap. 4A), Order 28, rule 1A(5)What starts the reply affidavit period?
Service on the plaintiff of a copy of the defendant’s affidavit evidence.
Rules of the High Court (Cap. 4A), Order 28, rule 1A(5)Must the plaintiff always reply by affidavit?
The rule permits further reply evidence. It does not impose a reply in every originating-summons case.
Rules of the High Court (Cap. 4A), Order 28, rule 1A(5)Does filing finish the reply step?
Retain the required service of the reply evidence as well as filing.
Rules of the High Court (Cap. 4A), Order 28, rule 1A(5)Can the plaintiff add evidence after this sequence?
Paragraph (6) requires leave for further affidavits outside the permitted sequence.
Rules of the High Court (Cap. 4A), Order 28, rule 1A(5)Can the original summons date replace the evidence-service date?
No. The source specifically uses the later defendant-evidence service event.
Rules of the High Court (Cap. 4A), Order 28, rule 1A(5)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Rules of the High Court (Cap. 4A), Order 28, rule 1A(5) | 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 |