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Textual Amendments
F1Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.
Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3
Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)
33.34.(1)This rule applies where the defender in a family action seeks—
(a)to oppose any crave in the initial writ;
(b)to make a claim for—
(i)aliment;
(ii)an order for financial provision within the meaning of section 8(3) of the Act of 1985; or
(iii)[F2a section 11 order]; or
(c)an order—
(i)under section 16(1)(b) or (3) of the M1Act of 1985(setting aside or varying agreement as to financial provision);
(ii)under section 18 of the Act of 1985 (which relates to avoidance transactions); or
(iii)under the Act of 1981; or
(d)to challenge the jurisdiction of the court.
(2)In an action to which this rule applies, the defender shall—
(a)lodge a notice of intention to defend in Form F26 before the expiry of the period of notice; and
(b)make any claim or seek any order referred to in paragraph (1), as the case may be, in those defences by setting out in his defences—
(i)craves;
(ii)averments in the answers to the condescendence in support of those craves; and
(iii)appropriate pleas-in-law.
[F3(3)Where a defender intends to make an application for a section 11 order which, had it been made in an initial writ, would have required a warrant for intimation under rule 33.7, the defender shall include a crave in his notice of intention to defend for a warrant for intimation or to dispense with such intimation; and rule 33.7 shall, with the necessary modifications, apply to a crave for a warrant under this paragraph as it applies to a crave for a warrant under that rule.]
Textual Amendments
F2Words in rule 33.34(1)(b)(iii) substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 18(a)
F3Rule 33.34(3) inserted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 18(b)
Marginal Citations