6No step without originating process or notice of appearance

6 No step without originating process or notice of appearance

6.1 No step without originating process or notice of appearance

(cf SCR Part 11, rule 2)

(1) Except by leave of the court, a party may not take any step in proceedings (including any appearance in court) unless the party has filed a statement of claim or summons in the proceedings or has entered an appearance in the proceedings.

(2) Subrule (1) does not apply to—

(a) a defendant who applies for an order under rule 12.11 (Setting aside originating process etc), or

(b) a plaintiff who applies for an order under rule 25.2 (Order in urgent case before commencement of proceedings), or

(c) a defendant who makes an application in relation to the setting aside or enforcement of any judgment.

(3) In any proceedings, a person (not being a party and not having filed a notice of motion) may not take any step in the proceedings (including any appearance in court) unless he or she has filed a notice of address for service.

rule 6.1: Am 2005 (625), Sch 1 [8]; 2006 (96), Sch 1 [1]–[3].