New Zealand civil and employment procedure
When is the deadline for defence to counterclaim (high court)?
25 working days after the day of service. File and serve a defence to counterclaim on the defendant. Use the counterclaim service event, not the original claim. Identify the pleading as a defence to counterclaim.
- Period
- 25 working days after the day of service
- Trigger
- Actual service of the counterclaim
- Rule
- High Court Rules 2016, rule 5.56
High Court Rules 2016 maintained consolidation displayed as at September 4, 2026. Complete official body retained in native Chrome. Later amendments and case-specific directions require renewed review.
Source guide · No automated date
Check the applicable procedure
High Court Rules 2016, rule 5.56. 25 working days after the day of service. Use the counterclaim service event, not the original claim. Identify the pleading as a defence to counterclaim. This source guide requires the actual procedural branch, event and applicable completion facts before a final date can be established. No computed date or paid record is available.
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When is the deadline for defence to counterclaim (high court)?
25 working days after the day of service. File and serve a defence to counterclaim on the defendant. Use the counterclaim service event, not the original claim. Identify the pleading as a defence to counterclaim.
Responsible actor. The plaintiff defending a counterclaim.
Actual service of the counterclaim.
Use the counterclaim service event, not the original claim. Identify the pleading as a defence to counterclaim.
Use the counterclaim service event, not the original claim. Identify the pleading as a defence to counterclaim.
High Court Rules 2016, rule 5.56How does this provision count time?
- File and serve a defence to counterclaim on the defendant.
- Retain the actual event and evidence of completion.
- Check the operative source and any applicable order before relying on a period.
High Court Rules 1.3 and 1.17 define working days and exclude the reference event day for rule periods. Rule 1.17(3) preserves statutory reckoning.
Rule 1.18 addresses an act at a registry that cannot be done because that registry is closed. It does not carry every service act or statutory interval.
High Court Rules 2016, rule 5.56Which facts prevent one automatic date?
High Court Rules 2016, rule 5.56. 25 working days after the day of service. Use the counterclaim service event, not the original claim. Identify the pleading as a defence to counterclaim. This source guide requires the actual procedural branch, event and applicable completion facts before a final date can be established. No computed date or paid record is available.
The plaintiff defending a counterclaim establishes the relevant event. Actual service of the counterclaim. 25 working days after the day of service. Apply the identified source branch. This illustration supplies no final date.
The procedure has a potentially different branch or direction. Use the counterclaim service event, not the original claim. Identify the pleading as a defence to counterclaim. Resolve the specific branch before treating the ordinary period as applicable. No final date is supplied.
The event, required act or completion facts are missing. File and serve a defence to counterclaim on the defendant. Rule 1.18 addresses an act at a registry that cannot be done because that registry is closed. It does not carry every service act or statutory interval. Withhold a computed deadline and paid record. Preserve the unresolved fact instead of assuming an endpoint.
Which conditions and exceptions apply?
- Actual procedural event
- Actual service of the counterclaim.
- Required act and branch
- File and serve a defence to counterclaim on the defendant. Use the counterclaim service event, not the original claim. Identify the pleading as a defence to counterclaim.
- Completion qualification
- Rule 1.18 addresses an act at a registry that cannot be done because that registry is closed. It does not carry every service act or statutory interval.
- Use the counterclaim service event, not the original claim. Identify the pleading as a defence to counterclaim.
- This procedure concerns file and serve a defence to counterclaim on the defendant. Compare the related procedures for their own actor, event and required act. Their periods do not replace this provision.
What must the responsible actor complete?
Questions about this procedure
When is the deadline for defence to counterclaim (high court)?
Who takes the step for high court defence to counterclaim?
The plaintiff defending a counterclaim. File and serve a defence to counterclaim on the defendant.
High Court Rules 2016, rule 5.56What event matters for high court defence to counterclaim?
Actual service of the counterclaim. Retain evidence of that event rather than substituting a convenient document or hearing date.
High Court Rules 2016, rule 5.56What period does the source state for high court defence to counterclaim?
25 working days after the day of service. High Court Rules 1.3 and 1.17 define working days and exclude the reference event day for rule periods. Rule 1.17(3) preserves statutory reckoning.
High Court Rules 2016, rule 5.56Which branch can change high court defence to counterclaim?
Use the counterclaim service event, not the original claim. Identify the pleading as a defence to counterclaim.
High Court Rules 2016, rule 5.56What must be completed for high court defence to counterclaim?
File and serve a defence to counterclaim on the defendant. Filing, service, notification, payment and discretionary applications remain distinct. No final completion date is calculated by this guide.
High Court Rules 2016, rule 5.56Does this guide establish a final date for high court defence to counterclaim?
No. Rule 1.18 addresses an act at a registry that cannot be done because that registry is closed. It does not carry every service act or statutory interval. The actual branch and completion facts remain necessary before a final date is supported.
High Court Rules 2016, rule 5.56Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| High Court Rules 2016, rule 5.56 | Check the identified procedure, event, counting rule or qualification |
| High Court Rules 2016, rule 1.3 | Check the identified procedure, event, counting rule or qualification |
| High Court Rules 2016, rule 1.17 | Check the identified procedure, event, counting rule or qualification |
| High Court Rules 2016, rule 1.18 | Check the identified procedure, event, counting rule or qualification |
| High Court Rules 2016, rule 1.19 | Check the identified procedure, event, counting rule or qualification |