197Procedure for counterclaim or cross-application against a person not a party

### 197 Procedure for counterclaim or cross-application against a person not a party > > (1)  A person served with a defence and counterclaim or cross-application who is not already a party to the action is to file a notice of appearance. > > > (2)  The period limited for the filing of a notice of appearance is not less than that prescribed by [rule 98](#GS98@EN) or [99](#GS99@EN) as if the person to whom the notice required by [rule 196(2)(b)](#GS196@Gs2@Hpb@EN) is directed was a defendant named in a writ or a respondent to an originating application. > > > (3)  A person to whom [subrule (1)](#GS197@Gs1@EN) applies, other than a person served with a cross-application – > > > > > > (a) may be proceeded against as if served with a writ in an action; and > > > > > > > (b) is to deliver a defence to the counterclaim within the appropriate period as if the defence and counterclaim were a statement of claim.