168Conditional appearance

### 168 Conditional appearance > > (1)  A defendant or respondent in any originating proceeding may file and serve a notice of conditional appearance by which the defendant or respondent – > > > > > > (a) denies the jurisdiction of the Court; or > > > > > > > (b) reserves the right to apply for an order setting aside the originating process or its service, on the ground of any informality or irregularity which renders the originating process or its service invalid. > > > (2)  A conditional appearance is to be in accordance with the prescribed form. > > > (3)  A defendant or respondent does not submit to the jurisdiction of the Court by a conditional appearance, except as to the costs occasioned by – > > > > > > (a) the filing and service of the notice of conditional appearance; or > > > > > > > (b) by any application under this rule. > > > (4)  On filing a conditional appearance, a defendant or respondent may apply to the Court or a judge for an order to set aside the originating process or its service. > > > (5)  Unless the Court or a judge otherwise orders, a notice of conditional appearance becomes, and operates as, an unconditional notice of appearance if an application under [subrule (4)](#GS168@Gs4@EN)  – > > > > > > (a) is not made within 14 days after filing the notice; or > > > > > > > (b) is dismissed.