Hong Kong · civil procedure
What period applies to cfi counterclaim defence deadline?
28 days after counterclaim service. Serve the defence to counterclaim on the counterclaiming defendant. An elected defence to counterclaim has a fixed pleading-service period.
- Period
- 28 days after counterclaim service
- Trigger
- Effective service of that counterclaim
- Rule
- Rules of the High Court (Cap. 4A), Order 18, rule 3(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 cfi counterclaim defence deadline?
28 days after counterclaim service. Serve the defence to counterclaim on the counterclaiming defendant. An elected defence to counterclaim has a fixed pleading-service period.
Responsible actor. Plaintiff intending to defend the counterclaim.
Effective service of that counterclaim
28 days after counterclaim service
Plaintiff intending to defend the counterclaim. Actual counterclaim service; Plaintiff intends to defend; No different period or vacation direction. The counterclaim may arrive with the defence, but its own actual service event must remain identifiable.
Rules of the High Court (Cap. 4A), Order 18, rule 3(4)How does this provision count time?
- Serve the defence to counterclaim on the counterclaiming defendant
- Plaintiff intending to defend the counterclaim uses the established effective service of that counterclaim. 28 days after counterclaim 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.
- Serve the defence to counterclaim on the counterclaiming 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. An elected defence to counterclaim has a fixed pleading-service period.
- An elected defence to counterclaim has a fixed pleading-service period.
- A closed interparty or combined endpoint needs separate source qualification. An ordinary weekday calculation does not certify this boundary.
Plaintiff intending to defend the counterclaim uses the established effective service of that counterclaim. 28 days after counterclaim 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.
Serve the defence to counterclaim on the counterclaiming 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. An elected defence to counterclaim has a fixed pleading-service period. 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 18, rule 3(4)What do independently checked examples show?
Fictitious example
Plaintiff intending to defend the counterclaim. Effective service of that counterclaim 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 intending to defend the counterclaim. Effective service of that counterclaim occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. 28 days after counterclaim service. An elected defence to counterclaim has a fixed pleading-service period. | Friday, November 6, 2026 |
| Example 2. Closed-day boundary | Plaintiff intending to defend the counterclaim. Effective service of that counterclaim occurs on Monday, September 21, 2026. The retained eligibility and ordinary procedural conditions apply. 28 days after counterclaim service. An elected defence to counterclaim has a fixed pleading-service period. | A closed interparty completion requires separate Cap.1 section71 and applicable Rules qualification. No unverified service carry is inferred. |
| Example 3. Material procedural branch | Plaintiff intending to defend the counterclaim. Effective service of that counterclaim 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 counterclaim service | The counterclaim may arrive with the defence, but its own actual service event must remain identifiable. |
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 service
- Actual counterclaim service
- Plaintiff intends to defend
- Plaintiff intends to defend
- No different period or vacation direction
- No different period or vacation direction
- Correct source counting and completion route
- Plaintiff intending to defend the counterclaim uses the established effective service of that counterclaim. 28 days after counterclaim 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. Serve the defence to counterclaim on the counterclaiming 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. An elected defence to counterclaim has a fixed pleading-service period.
- Plaintiff intending to defend the counterclaim. Actual counterclaim service; Plaintiff intends to defend; No different period or vacation direction. The counterclaim may arrive with the defence, but its own actual service event must remain identifiable.
- The counterclaim may arrive with the defence, but its own actual service event must remain identifiable.
What must the responsible actor complete?
Questions about this procedure
What period applies to cfi counterclaim defence deadline?
Does the original claim date start counterclaim defence time?
No. Order 18 rule 3(4) identifies service of the counterclaim on the plaintiff.
Rules of the High Court (Cap. 4A), Order 18, rule 3(4)Must the plaintiff defend every counterclaim?
Rule 3(2) requires a defence to counterclaim if the plaintiff intends to defend it.
Rules of the High Court (Cap. 4A), Order 18, rule 3(4)Who receives the defence to counterclaim?
Serve the defendant who made the counterclaim.
Rules of the High Court (Cap. 4A), Order 18, rule 3(4)Does combining a reply change either clock?
Rule 3(3) requires one document when both are served on that defendant. Their source anchors remain distinct.
Rules of the High Court (Cap. 4A), Order 18, rule 3(4)Can August be counted as ordinary pleading days?
Only if the Court otherwise directs. Order 3 rule 3 ordinarily omits Summer Vacation.
Rules of the High Court (Cap. 4A), Order 18, rule 3(4)Does the defendant’s filing date prove counterclaim service?
No. Establish actual effective service on the plaintiff before calculating the response period.
Rules of the High Court (Cap. 4A), Order 18, rule 3(4)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Rules of the High Court (Cap. 4A), Order 18, rule 3(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 |