> ### CIVIL PROCEDURE RULES

> ### PART 10 ACKNOWLEDGMENT OF SERVICE

> ### See also Practice Directions

> ### CONTENTS OF THIS PART

> Acknowledgment of service | Rule 10.1
> Consequence of not filing an acknowledgment of service | Rule 10.2
> The period for filing an acknowledgment of service | Rule 10.3
> Notice to claimant that defendant has filed an acknowledgment of service | Rule 10.4
> Contents of acknowledgment of service | Rule 10.5

> ### ACKNOWLEDGMENT OF SERVICE

> 10.1 | (1) | This Part deals with the procedure for filing an acknowledgment of service.
> | (2) | Where the claimant uses the procedure set out in Part 8 (alternative procedure for claims) this Part applies subject to the modifications set out in rule 8.3.
> | (3) | A defendant may file an acknowledgment of service if - he is unable to file a defence within the period specified in rule 15.4; or he wishes to dispute the court's jurisdiction.
> | (Part 11 sets out the procedure for disputing the court's jurisdiction)

> ### CONSEQUENCE OF NOT FILING AN ACKNOWLEDGMENT OF SERVICE

> 10.2 | If -
> |  | a defendant fails to file an acknowledgment of service within the period specified in rule 10.3; and does not within that period file a defence in accordance with Part 15 or serve or file an admission in accordance with Part 14, the claimant may obtain default judgment if Part 12 allows it.

> ### THE PERIOD FOR FILING AN ACKNOWLEDGMENT OF SERVICE

> 10.3 | (1) | The general rule is that the period for filing an acknowledgment of service is - where the defendant is served with a claim form which states that particulars of claim are to follow, 14 days after service of the particulars of claim; and in any other case, 14 days after service of the claim form.
> | (2) | The general rule is subject to the following rules - rule 6.22 (which specifies how the period for filing an acknowledgment of service is calculated where the claim form is served out of the jurisdiction); and rule 6.16(4) (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule).

> ### NOTICE TO CLAIMANT THAT DEFENDANT HAS FILED AN ACKNOWLEDGMENT OF SERVICE

> 10.4 | On receipt of an acknowledgment of service, the court must notify the claimant in writing.

> ### CONTENTS OF ACKNOWLEDGMENT OF SERVICE

> 10.5 | An acknowledgment of service must -
> |  | be signed by the defendant or his legal representative; and include the defendant's address for service.
> | (Rule 6.5 provides that an address for service must be within the jurisdiction) (RSC Order 81, in Schedule 1, makes special provision in relation to the acknowledgment of service in a claim against a firm) (The Contentious Probate Proceedings Practice Direction provides that a defendant who wishes to defend a contentious probate claim must file an acknowledgment of service).

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