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Matrimonials: late answer

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07 October 2010
Categories: Case law , Judicial line , In Court
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Is it necessary to obtain leave from the court to file an answer out of time where...

Is it necessary to obtain leave from the court to file an answer out of time where special procedure directions for trial have neither been given nor requested?

The time for filing an answer is specified by the Family Proceedings Rules 1991 (FPR)  r 2.12(1). This period may only be extended by agreement between the parties or by court order. FPR r 2.14 contains a general restriction which applies once directions for trial have been given, but it does not affect the time requirement in r 2.12. Accordingly, if there is no agreed extension, the court’s leave is required to file an answer out of time, even where directions for trial have not been given.

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