326Conditional appearance by formal codefendant

### 326 Conditional appearance by formal codefendant > > (1)  A formal codefendant may file a notice of conditional appearance denying that he or she was an officer of the society at the time of service of the writ. > > > (2)  If a formal codefendant files a notice of conditional appearance and another officer of the society who is also joined as a defendant files a notice of appearance, the action is to proceed as if the person who entered the conditional appearance had not been joined as a formal codefendant. > > > (3)  If each formal codefendant files a notice of conditional appearance denying that he or she was an officer of the society at the time of service of the writ and each establishes that he or she was not an officer at that time, the Court or a judge, on the application of a party, may amend the writ by – > > > > > > (a) striking out the name of each formal codefendant; and > > > > > > > (b) adding as formal codefendant any person alleged by the applicant to be an officer of the society or, if such an allegation is not made, any person alleged by the applicant to be a member of the society. > > > (4)  On service of the writ and any order adding a person as a formal codefendant, the action is to proceed as if the person had been originally joined in the action as a formal codefendant.