311Appearance by partners

311 Appearance by partners

(1)  If persons are sued as partners in the name of their firm –

(a) they are to appear individually in their own names; and

(b) the action is to continue in the name of the firm.

(2)  A person served with a writ under rule 310(4)(b) is not to appear to the writ.

(3)  A person served as a partner may file a notice of conditional appearance denying that he or she is a partner.

(4)  A notice of conditional appearance does not preclude the plaintiff from otherwise serving the firm and obtaining judgment against the firm in default of appearance if no partner files a notice of appearance in the ordinary form.