Hong Kong · civil procedure
What period applies to counterclaim discontinuance without leave?
Not later than 14 days after the controlling counterclaim-defence event. Serve notice on the plaintiff or other counterclaim party concerned. The fixed window qualifies the elected discontinuance, not every defence withdrawal.
- Period
- Not later than 14 days after the controlling counterclaim-defence event
- Trigger
- Controlling last counterclaim-defence service or later outstanding response expiry
- Rule
- Rules of the High Court (Cap. 4A), Order 21, rule 2(2)(b)
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 counterclaim discontinuance without leave?
Not later than 14 days after the controlling counterclaim-defence event. Serve notice on the plaintiff or other counterclaim party concerned. The fixed window qualifies the elected discontinuance, not every defence withdrawal.
Responsible actor. Counterclaiming defendant electing to discontinue.
Controlling last counterclaim-defence service or later outstanding response expiry
Not later than 14 days after the controlling counterclaim-defence event
Counterclaiming defendant electing to discontinue. Actual counterclaim election; Complete counterclaim-party history; No interim-payment restriction. Order 21 rule 2(3) applies corresponding later-expiry protection to counterclaims. Withdrawing an ordinary defence is a different paragraph (2)(a) right.
Rules of the High Court (Cap. 4A), Order 21, rule 2(2)(b)How does this provision count time?
- Serve notice on the plaintiff or other counterclaim party concerned
- Counterclaiming defendant electing to discontinue uses the established controlling last counterclaim-defence service or later outstanding response expiry. Not later than 14 days after the controlling counterclaim-defence event. 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.
- Serve notice on the plaintiff or other counterclaim party concerned. 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 fixed window qualifies the elected discontinuance, not every defence withdrawal.
- The fixed window qualifies the elected discontinuance, not every defence withdrawal.
- A closed interparty or combined endpoint needs separate source qualification. An ordinary weekday calculation does not certify this boundary.
Counterclaiming defendant electing to discontinue uses the established controlling last counterclaim-defence service or later outstanding response expiry. Not later than 14 days after the controlling counterclaim-defence event. 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.
Serve notice on the plaintiff or other counterclaim party concerned. 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 fixed window qualifies the elected discontinuance, not every defence withdrawal. 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 21, rule 2(2)(b)What do independently checked examples show?
Fictitious example
Counterclaiming defendant electing to discontinue. Controlling last counterclaim-defence service or later outstanding response expiry occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. Last Response Served Friday, October 9, 2026. Outstanding Response Period Expires Friday, October 9, 2026. Complete History Confirmed true.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Counterclaiming defendant electing to discontinue. Controlling last counterclaim-defence service or later outstanding response expiry occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. Last Response Served Friday, October 9, 2026. Outstanding Response Period Expires Friday, October 9, 2026. Complete History Confirmed true. Not later than 14 days after the controlling counterclaim-defence event. The fixed window qualifies the elected discontinuance, not every defence withdrawal. | Friday, October 23, 2026 |
| Example 2. Closed-day boundary | Counterclaiming defendant electing to discontinue. Controlling last counterclaim-defence service or later outstanding response expiry occurs on Monday, October 5, 2026. The retained eligibility and ordinary procedural conditions apply. Last Response Served Monday, October 5, 2026. Outstanding Response Period Expires Monday, October 5, 2026. Complete History Confirmed true. Not later than 14 days after the controlling counterclaim-defence event. The fixed window qualifies the elected discontinuance, not every defence withdrawal. | A closed interparty completion requires separate Cap.1 section71 and applicable Rules qualification. No unverified service carry is inferred. |
| Example 3. Material procedural branch | Counterclaiming defendant electing to discontinue. Controlling last counterclaim-defence service or later outstanding response expiry occurs on Friday, October 9, 2026. The complete eligibility and procedural facts are not established. Last Response Served not established. Outstanding Response Period Expires not established. Complete History Confirmed not established. This actual branch must be established independently before any ordinary endpoint can be used. Actual counterclaim election | Order 21 rule 2(3) applies corresponding later-expiry protection to counterclaims. Withdrawing an ordinary defence is a different paragraph (2)(a) right. |
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 counterclaim election
- Actual counterclaim election
- Complete counterclaim-party history
- Complete counterclaim-party history
- No interim-payment restriction
- No interim-payment restriction
- Correct source counting and completion route
- Counterclaiming defendant electing to discontinue uses the established controlling last counterclaim-defence service or later outstanding response expiry. Not later than 14 days after the controlling counterclaim-defence event. 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. Serve notice on the plaintiff or other counterclaim party concerned. 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 fixed window qualifies the elected discontinuance, not every defence withdrawal.
- Counterclaiming defendant electing to discontinue. Actual counterclaim election; Complete counterclaim-party history; No interim-payment restriction. Order 21 rule 2(3) applies corresponding later-expiry protection to counterclaims. Withdrawing an ordinary defence is a different paragraph (2)(a) right.
- Order 21 rule 2(3) applies corresponding later-expiry protection to counterclaims. Withdrawing an ordinary defence is a different paragraph (2)(a) right.
What must the responsible actor complete?
Questions about this procedure
What period applies to counterclaim discontinuance without leave?
Does the main defence start counterclaim discontinuance time?
No. Rule 2(2)(b) uses service of the defence to counterclaim on the counterclaiming defendant.
Rules of the High Court (Cap. 4A), Order 21, rule 2(2)(b)What if several parties defend the counterclaim?
Use the last counterclaim defence, subject to the later outstanding-period substitution in rule 2(3).
Rules of the High Court (Cap. 4A), Order 21, rule 2(2)(b)Does withdrawing an ordinary defence have this cutoff?
Rule 2(2)(a) permits withdrawal of a defence at any time. Do not substitute this counterclaim window.
Rules of the High Court (Cap. 4A), Order 21, rule 2(2)(b)Can an interim-payment beneficiary discontinue freely?
No. Rule 2(2A) requires leave or all-party consent.
Rules of the High Court (Cap. 4A), Order 21, rule 2(2)(b)Who must receive the notice?
The plaintiff or other party against whom the discontinued counterclaim or particular claim was made.
Rules of the High Court (Cap. 4A), Order 21, rule 2(2)(b)Can a single counterclaim service date prove the window?
No. The event is the controlling response history, not initial service of the counterclaim itself.
Rules of the High Court (Cap. 4A), Order 21, rule 2(2)(b)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Rules of the High Court (Cap. 4A), Order 21, rule 2(2)(b) | 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 |