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The County Court Rules 1981

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17.—(1) Subject to the following paragraphs of this rule, a summons which has not been served may be amended on the plaintiff filing an amended request for the issue of the summons.

(2) An amendment may be made under paragraph (1) notwithstanding that it consists of the addition or substitution of a defendant but in that case Order 15, rule 2(3), shall apply to the amendment as it applies to an amendment made under paragraph (1) of that rule.

(3) If the bailiff by whom a summons is to be served ascertains before notice of non-service has been sent that the defendant has removed from the address stated on the summons to a new address within the district of the court, it shall be his duty to serve the summons without amendment and to state the new address in his certificate of service.

(4) Where the defendant's address stated in the request for the issue of the summons was within the district of the court and at the time of the entry of the plaint the defendant was not residing or carrying on business within the district, an amendment of the address shall be allowed only on the plaintiff filing a fresh request for the issue of the summons showing that the court had jurisdiction under Order 4, rule 2, to entertain the action.

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