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Part 2 · Simplified Proceedings

21. Amendment of claim or response to claim

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Amended

Last amended by an amending law of 2022.

(1)

A claimant may amend the claim once (without the consent of any other party or permission of a Protection from Harassment Court or the Registrar) by filing the amended claim with the Registry if the claim has not been served on any of the persons required to be served under rule 17(3).

(2)

In any other case, a claimant may amend a claim which has been served only —

(a)

if the claimant files with the Registry —

(i)

the written consent to the amendment of all the persons served with the claim; and

(ii)

a notice in the appropriate Form; or

(b)

with the permission of a Protection from Harassment Court or the Registrar and on any terms and in the manner under paragraph (4).

(3)

A person may amend a response which has been served —

(a)

if the person making the response files with the Registry —

(i)

the written consent to the amendment by the claimant; and

(ii)

a notice in the appropriate Form; or

(b)

with the permission of a Protection from Harassment Court or the Registrar and on any terms and in the manner under paragraph (4).

(4)

A Protection from Harassment Court or the Registrar may grant permission for a claim or response to be amended under paragraph (2)(b) or (3)(b), as the case may be —

(a)

on such terms as to costs or otherwise as the Protection from Harassment Court or Registrar considers just; and

(b)

in such manner as that Protection from Harassment Court or Registrar may direct.

(5)

The amended claim under paragraph (2) or amended response under paragraph (3) must be filed with the Registry within 7 days after —

(a)

the written consent and notice under paragraph (2)(a) or (3)(a) (as the case may be) are filed; or

(b)

the permission of the Protection from Harassment Court or Registrar under paragraph (2)(b) or (3)(b) is given.

(6)

An amended claim must be served on every party and person required to be served the claim under rule 17(3) within the time mentioned in paragraph (5).

(7)

An amended response must be served on the claimant within the time mentioned in paragraph (5).

(8)

A declaration of service in the appropriate Form must be filed with the Registry within 8 days after the date of service in accordance with paragraph (6) or (7), as the case may be.

(9)

Paragraph (2) does not allow a claim to be amended to include any additional intended relevant party who was not identified in the claim.

(10)

Subject to this rule, the other provisions of these Rules (except Part 3) apply to an amended claim or amended response under this rule as they apply to a claim under rule 17 or a response under rule 18, as the case may be.

Subregulation 1

A claimant may amend the claim once (without the consent of any other party or permission of a Protection from Harassment Court or the Registrar) by filing the amended claim with the Registry if the claim has not been served on any of the persons required to be served under rule 17(3).

Subregulation 2

In any other case, a claimant may amend a claim which has been served only —

(a)

if the claimant files with the Registry —

(i)

the written consent to the amendment of all the persons served with the claim; and

(ii)

a notice in the appropriate Form; or

(b)

with the permission of a Protection from Harassment Court or the Registrar and on any terms and in the manner under paragraph (4).

Subregulation 3

A person may amend a response which has been served —

(a)

if the person making the response files with the Registry —

(i)

the written consent to the amendment by the claimant; and

(ii)

a notice in the appropriate Form; or

(b)

with the permission of a Protection from Harassment Court or the Registrar and on any terms and in the manner under paragraph (4).

Subregulation 4

A Protection from Harassment Court or the Registrar may grant permission for a claim or response to be amended under paragraph (2)(b) or (3)(b), as the case may be —

(a)

on such terms as to costs or otherwise as the Protection from Harassment Court or Registrar considers just; and

(b)

in such manner as that Protection from Harassment Court or Registrar may direct.

Subregulation 5

The amended claim under paragraph (2) or amended response under paragraph (3) must be filed with the Registry within 7 days after —

(a)

the written consent and notice under paragraph (2)(a) or (3)(a) (as the case may be) are filed; or

(b)

the permission of the Protection from Harassment Court or Registrar under paragraph (2)(b) or (3)(b) is given.

Subregulation 6

An amended claim must be served on every party and person required to be served the claim under rule 17(3) within the time mentioned in paragraph (5).

Subregulation 7

An amended response must be served on the claimant within the time mentioned in paragraph (5).

Subregulation 8

A declaration of service in the appropriate Form must be filed with the Registry within 8 days after the date of service in accordance with paragraph (6) or (7), as the case may be.

Subregulation 9

Paragraph (2) does not allow a claim to be amended to include any additional intended relevant party who was not identified in the claim.

Subregulation 10

Subject to this rule, the other provisions of these Rules (except Part 3) apply to an amended claim or amended response under this rule as they apply to a claim under rule 17 or a response under rule 18, as the case may be.

Report

Part 3

Standard Proceedings

Part 4

Mandatory Treatment Order

Part 5

General Provisions Applicable to Protection from Harassment Proceedings

Part 6

Permission to Commence Proceedings Under Section 16I of Act

Part 7

Transfer of Proceedings Under Section 16J of Act

Part 8

General

Schedules