Hong Kong · civil procedure
What period applies to district court discontinuance window?
Not later than 14 days after the controlling defence event. Serve discontinuance notice on the defendant concerned. The no-leave window is a conditional right, not a duty to discontinue.
- Period
- Not later than 14 days after the controlling defence event
- Trigger
- Last defence service or later outstanding defendant defence-period expiry
- Rule
- Rules of the District Court (Cap. 336H), Order 21, rule 2(1)
Official verified English consolidated chapter 336H, version March 28,2025. 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 district court discontinuance window?
Not later than 14 days after the controlling defence event. Serve discontinuance notice on the defendant concerned. The no-leave window is a conditional right, not a duty to discontinue.
Responsible actor. Plaintiff electing to discontinue a writ action.
Last defence service or later outstanding defendant defence-period expiry
Not later than 14 days after the controlling defence event
Plaintiff electing to discontinue a writ action. Writ action; Complete defendant response history; No interim-payment restriction; Discontinuance elected. Originating-summons cases use paragraph (3A)’s affidavit-evidence route. All-party consent supplies another paragraph (4) route.
Rules of the District Court (Cap. 336H), Order 21, rule 2(1)How does this provision count time?
- Serve discontinuance notice on the defendant concerned
- Plaintiff electing to discontinue a writ action uses the established last defence service or later outstanding defendant defence-period expiry. Not later than 14 days after the controlling defence event. Exclude the effective event day. Ordinary intervening weekends remain counted unless an applicable source provision excludes them. District Court Order3 has no High Court pleading summer-omission rule. Do not transfer the August omission merely because the procedures have similar names.
- Serve discontinuance notice on the defendant 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 no-leave window is a conditional right, not a duty to discontinue.
- The no-leave window is a conditional right, not a duty to discontinue.
- A closed interparty or combined endpoint needs separate source qualification. An ordinary weekday calculation does not certify this boundary.
Plaintiff electing to discontinue a writ action uses the established last defence service or later outstanding defendant defence-period expiry. Not later than 14 days after the controlling defence event. Exclude the effective event day. Ordinary intervening weekends remain counted unless an applicable source provision excludes them. District Court Order3 has no High Court pleading summer-omission rule. Do not transfer the August omission merely because the procedures have similar names.
Serve discontinuance notice on the defendant 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 no-leave window is a conditional right, not a duty to discontinue. 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 District Court (Cap. 336H), Order 21, rule 2(1)What do independently checked examples show?
Fictitious example
Plaintiff electing to discontinue a writ action. Last defence service or later outstanding defendant defence-period 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 | Plaintiff electing to discontinue a writ action. Last defence service or later outstanding defendant defence-period 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 defence event. The no-leave window is a conditional right, not a duty to discontinue. | Friday, October 23, 2026 |
| Example 2. Closed-day boundary | Plaintiff electing to discontinue a writ action. Last defence service or later outstanding defendant defence-period 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 defence event. The no-leave window is a conditional right, not a duty to discontinue. | 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 electing to discontinue a writ action. Last defence service or later outstanding defendant defence-period 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. Writ action | Originating-summons cases use paragraph (3A)’s affidavit-evidence route. All-party consent supplies another paragraph (4) route. |
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?
- Writ action
- Writ action
- Complete defendant response history
- Complete defendant response history
- No interim-payment restriction
- No interim-payment restriction
- Discontinuance elected
- Discontinuance elected
- Correct source counting and completion route
- Plaintiff electing to discontinue a writ action uses the established last defence service or later outstanding defendant defence-period expiry. Not later than 14 days after the controlling defence event. Exclude the effective event day. Ordinary intervening weekends remain counted unless an applicable source provision excludes them. District Court Order3 has no High Court pleading summer-omission rule. Do not transfer the August omission merely because the procedures have similar names. Serve discontinuance notice on the defendant 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 no-leave window is a conditional right, not a duty to discontinue.
- Plaintiff electing to discontinue a writ action. Writ action; Complete defendant response history; No interim-payment restriction; Discontinuance elected. Originating-summons cases use paragraph (3A)’s affidavit-evidence route. All-party consent supplies another paragraph (4) route.
- Originating-summons cases use paragraph (3A)’s affidavit-evidence route. All-party consent supplies another paragraph (4) route.
What must the responsible actor complete?
Questions about this procedure
What period applies to district court discontinuance window?
Which defence controls with several District Court defendants?
Ordinarily the last served defence, subject to paragraph (3)’s later outstanding-period substitution.
Rules of the District Court (Cap. 336H), Order 21, rule 2(1)Does a nonresponding defendant matter?
Yes. A later expiry of that defendant’s defence period can become the controlling event.
Rules of the District Court (Cap. 336H), Order 21, rule 2(1)Can an interim-payment beneficiary discontinue without leave?
Paragraph (2A) requires Court leave or all-party consent.
Rules of the District Court (Cap. 336H), Order 21, rule 2(1)Does an originating summons use the same defence anchor?
No. Paragraph (3A) identifies the relevant affidavit-evidence branch.
Rules of the District Court (Cap. 336H), Order 21, rule 2(1)What act completes this ordinary discontinuance?
Serving the notice on the defendant concerned.
Rules of the District Court (Cap. 336H), Order 21, rule 2(1)Is withdrawing a defendant’s defence the same window?
No. Paragraph (2)(a) addresses defence withdrawal separately from plaintiff discontinuance.
Rules of the District Court (Cap. 336H), Order 21, rule 2(1)Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| Rules of the District Court (Cap. 336H), Order 21, rule 2(1) | Check the identified procedure, event, counting rule or qualification |
| Rules of the District Court (Cap.336H), Order3 rules1,2,4 and5 | 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 |