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9.1 (1) This part deals with the procedure to be adopted by a defendant who wishes to contest proceedings and avoid a default judgment being entered against him.

(2) He does so by entering an appearance containing a notice of intention to defend.

9.2 (1) If the defendant wishes -

(a) to dispute the claim; or

(b) he wishes to dispute the court's jurisdiction, he must enter an appearance giving notice of intention to defend.

(2) However he need not enter an appearance if he files a defence within the period specified in rule 9.3.

(3) If he fails to do so, judgment may be entered if Part 12 allows it.

(4) An appearance may be entered at any court office even though the claim was not issued from that court office.

(5) However that does not mean that the claim is to be transferred to the court office at which the appearance is entered.

(6) In civil proceedings against the State begun in the court office of San Fernando, the Attorney General, may enter an Appearance in the Court office at Port of Spain and the proceedings shall continue in the Court office until further order.

(Part 58 defines "civil proceedings against the State".)

9.3 (1) The general rule is that the period for entering an appearance is the period of 8 days after the date of service of the claim form.

(2) Where permission has been given under rule 8.2 for a claim form to be served without a statement of case, the period for entering an appearance is the period of 8 days after the service of the statement of case.

(3) However a defendant may enter an appearance at any time before a default judgment is entered.

(4) The general rule does not apply where -

(a) the claim form is served outside the jurisdiction in accordance with Part 7; or

(b) The claim form is served on an agent of an overseas principal under rule 5.15.

(Rules 7.7 and 5.15 deal with the time for entering an appearance in those cases)

9.4 (1) When the defendant enters an appearance the court office must notify the claimant in writing that it has been entered.

(2) A copy of the appearance must be annexed to the notice.

9.5 (1) An appearance must state the date on which the defendant received the claim form.

(2) A defendant may state in an appearance that he admits all or part of the claim.

(3) A defendant who admits part of the claim must state the amount that he admits.

(4) Where a defendant admits all or part of the claim, he may file with his appearance -

(a) his proposals for payment of any sums for which he admits liability; and

(b) details of his financial circumstances.

(Part 14 deals with the way in which such proposals are decided)

(5) If a defendant admits part of the claim he must also file a defence as to that part which he disputes within the time for filing a defence.

(Rule 10.3 sets out the time for filing a defence)

(6) An appearance must be signed by the defendant or his attorney.

(7) The defendant must include in an appearance an address to which documents may be sent.

(8) That address must be within three miles of the court office at which the claim was issued.

9.6 A defendant who enters an appearance does not by doing so lose any right that he may have to dispute the court's jurisdiction.

9.7 (1) A defendant who wishes -

(a) to dispute the court's jurisdiction to try the claim; or

(b) argue that the court should not exercise its jurisdiction, may apply to the court for an order declaring that it has no such jurisdiction or should not exercise any jurisdiction which it may have.

(2) A defendant who wishes to make such an application must first enter an appearance.

(3) An application under this rule must be made within the period for filing a defence.

(Rule 10.3 sets out the period for filing a defence)

(4) An application under this rule must be supported by evidence.

(5) If the defendant -

(a) enters a appearance; and

(b) does not make such an application within the period for filing a defence,

he is treated as having accepted that the court has jurisdiction to try the claim.

(6) An order containing a declaration that the court has no jurisdiction or will not exercise its jurisdiction may also make further provision including -

(a) striking out any statement of case; and

(b) setting aside service of the claim form and statement of case; and

(c) discharging any order made before the claim was commenced or the claim form served.

(7) If on application under this rule the court does not make a declaration, it -

(a) must make an order as to the period for filing a defence; and

(b) may treat the hearing of the application as a case management conference.

(Part 26 sets out powers which the court may exercise on a case management conference.)

(8) Where a defendant makes an application under this rule, the period for filing a defence is extended until the time specified by the court under paragraph (7)(a) and such period may only be extended by an order of the court.