257Default in delivering reply or subsequent pleading

257 Default in delivering reply or subsequent pleading

(1)  Subject to rule 228(2) , if a party does not deliver a reply or subsequent pleading within the period limited –

(a) the pleadings are closed; and

(b) any material statement of fact in the pleading last delivered is taken to be denied.

(2)  Subrule (1) does not apply to a defence to a counterclaim.

(3)  [Rule 257 Subrule (3) amended by S.R. 2006, No. 25, Applied:01 May 2006] If a plaintiff fails to deliver a reply in answer to a counterclaim within 21 days, or any other period the Court or a judge orders, after the delivery of the counterclaim, any statement of fact contained in the counterclaim is taken to be admitted.