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Court Procedures Rules
6560Restriction on power to enter default judgment if
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6560 Restriction on power to enter default judgment if
certificate of service not filed
(a) a certificate of service of initiating process in due form under
rule 6555 (2) is either—
(i) not filed in a proceeding; or
(ii) filed in a proceeding, but states that the initiating process
has not been served; and
(b) the defendant has not filed a notice of intention to respond or
(2) The court must not enter default judgment against the defendant
unless satisfied that—
(a) the initiating process was sent to the central authority, or
additional authority, for the Hague Convention country in which
service of the initiating process was requested; and
(b) a period has elapsed since the day the initiating process was sent
that is—
(i) adequate in the circumstances; and
(ii) at least 6 months; and
(c) all reasonable steps have been taken—
(i) to serve the initiating process; or
(ii) to obtain a certificate of service of initiating process from
the certifying authority for the Hague Convention country
in which service was requested.
Rule 6561