Hong Kong · civil procedure
What period applies to district court reply and counterclaim defence?
28 days after each applicable pleading-service event. Serve required reply and elected counterclaim defence; combine if both served on same defendant. The model retains the selected pleading branch and both facts where the acts are combined.
- Period
- 28 days after each applicable pleading-service event
- Trigger
- Actual defence service and actual counterclaim service, retained separately
- Rule
- Rules of the District Court (Cap. 336H), Order 18, rule 3(4)
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 reply and counterclaim defence?
28 days after each applicable pleading-service event. Serve required reply and elected counterclaim defence; combine if both served on same defendant. The model retains the selected pleading branch and both facts where the acts are combined.
Responsible actor. Plaintiff replying where required or defending a counterclaim.
Actual defence service and actual counterclaim service, retained separately
28 days after each applicable pleading-service event
Plaintiff replying where required or defending a counterclaim. Pleading purpose selected; Actual respective service anchor; Counterclaim defence elected or reply required. Rule 3(3) requires one document if both pleadings are served on the same defendant, but does not erase their distinct events.
Rules of the District Court (Cap. 336H), Order 18, rule 3(4)How does this provision count time?
- Serve required reply and elected counterclaim defence; combine if both served on same defendant
- Plaintiff replying where required or defending a counterclaim uses the established actual defence service and actual counterclaim service, retained separately. 28 days after each applicable pleading-service 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 required reply and elected counterclaim defence; combine if both served on same 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. The model retains the selected pleading branch and both facts where the acts are combined.
- The model retains the selected pleading branch and both facts where the acts are combined.
- A closed interparty or combined endpoint needs separate source qualification. An ordinary weekday calculation does not certify this boundary.
Plaintiff replying where required or defending a counterclaim uses the established actual defence service and actual counterclaim service, retained separately. 28 days after each applicable pleading-service 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 required reply and elected counterclaim defence; combine if both served on same 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. The model retains the selected pleading branch and both facts where the acts are combined. 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 18, rule 3(4)What do independently checked examples show?
Fictitious example
Plaintiff replying where required or defending a counterclaim. Actual defence service and actual counterclaim service, retained separately occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. Response Kind reply. Actual Defence Served Friday, October 9, 2026. Reply Required true.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Plaintiff replying where required or defending a counterclaim. Actual defence service and actual counterclaim service, retained separately occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. Response Kind reply. Actual Defence Served Friday, October 9, 2026. Reply Required true. 28 days after each applicable pleading-service event. The model retains the selected pleading branch and both facts where the acts are combined. | Friday, November 6, 2026 |
| Example 2. Closed-day boundary | Plaintiff replying where required or defending a counterclaim. Actual defence service and actual counterclaim service, retained separately occurs on Monday, September 21, 2026. The retained eligibility and ordinary procedural conditions apply. Response Kind reply. Actual Defence Served Monday, September 21, 2026. Reply Required true. 28 days after each applicable pleading-service event. The model retains the selected pleading branch and both facts where the acts are combined. | 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 replying where required or defending a counterclaim. Actual defence service and actual counterclaim service, retained separately occurs on Friday, October 9, 2026. The complete eligibility and procedural facts are not established. Response Kind not established. Actual Defence Served not established. Reply Required not established. This actual branch must be established independently before any ordinary endpoint can be used. Pleading purpose selected | Rule 3(3) requires one document if both pleadings are served on the same defendant, but does not erase their distinct events. |
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?
- Pleading purpose selected
- Pleading purpose selected
- Actual respective service anchor
- Actual respective service anchor
- Counterclaim defence elected or reply required
- Counterclaim defence elected or reply required
- Correct source counting and completion route
- Plaintiff replying where required or defending a counterclaim uses the established actual defence service and actual counterclaim service, retained separately. 28 days after each applicable pleading-service 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 required reply and elected counterclaim defence; combine if both served on same 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. The model retains the selected pleading branch and both facts where the acts are combined.
- Plaintiff replying where required or defending a counterclaim. Pleading purpose selected; Actual respective service anchor; Counterclaim defence elected or reply required. Rule 3(3) requires one document if both pleadings are served on the same defendant, but does not erase their distinct events.
- Rule 3(3) requires one document if both pleadings are served on the same defendant, but does not erase their distinct events.
What must the responsible actor complete?
Questions about this procedure
What period applies to district court reply and counterclaim defence?
Does a District Court reply always have to be served?
Rule 3(1) requires it where needed for rule 8 compliance.
Rules of the District Court (Cap. 336H), Order 18, rule 3(4)What starts defence-to-counterclaim time?
Service of that counterclaim on the plaintiff under rule 3(4).
Rules of the District Court (Cap. 336H), Order 18, rule 3(4)Can combined pleadings use an assumed shared event?
Only retain actual facts. Defence and counterclaim may have separate service events even when combined.
Rules of the District Court (Cap. 336H), Order 18, rule 3(4)Must reply and counterclaim defence be one document?
Yes, when both are served on the same defendant under paragraph (3).
Rules of the District Court (Cap. 336H), Order 18, rule 3(4)Does absence of a reply necessarily admit everything?
Paragraph (1) directs the reader to rule 14(1) where no reply is served.
Rules of the District Court (Cap. 336H), Order 18, rule 3(4)Does this District Court response pause during August?
The retained District Court time rules have no High Court-style summer pleading omission.
Rules of the District Court (Cap. 336H), Order 18, rule 3(4)Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| Rules of the District Court (Cap. 336H), Order 18, rule 3(4) | 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 |