Judicial principles and studies
Urgent proceeding: Effect of defendant's agent appearance on pleading deadlines
In urgent proceedings the time to file a responsive pleading, evidence and requests equals half the statutory period and begins the day after the claim and its attachments are served or delivered. The defendant's agent appearing before the court causes those time limits to run, since appearance establishes knowledge and substitutes for service.
Courts and procedure
Judicial principles and studies
Updated: 10 September 2026
Editorial summary of a judicial principle or decision; consult the source below and do not treat the firm as the author of the decision.
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In urgent proceedings the time to file a responsive pleading, evidence and requests equals half the statutory period and begins the day after the claim and its attachments are served or delivered. The defendant's agent appearing before the court causes those time limits to run, since appearance establishes knowledge and substitutes for service.
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Subject
Under Articles 59 and 60 of the Civil Procedure Law, the period for filing the responsive pleading, evidence and requests in urgent proceedings equals half the term set by Article 59, and begins the day after the claim and its attachments are served or delivered. The appearance of the defendant's agent before the court of first instance causes statutory periods to run against the defendant because null service is equivalent to non-service, while appearance establishes awareness of the proceeding and stands in for service under Article 110(2) of the Civil Procedure Law.
Summary
If the defendant's agent appears and requests that the plaintiff's agent provide a copy and grant time to file a reply, evidence, and a counterclaim, the time runs for the defendant from the following day. The agent may also collect the claim and attachments from the court registry if no legal impediment exists. This is an educational summary only and does not constitute a judicial text or legal advice.
Practical significance
Practical effect: the agent's appearance activates the deadlines from the next day and the legal consequences of service are applied accordingly. The ability to obtain copies from the court registry affects when the agent can access the documents.
Frequently asked questions
Subject?
Under Articles 59 and 60 of the Civil Procedure Law, the period for filing the responsive pleading, evidence and requests in urgent proceedings equals half the term set by Article 59, and begins the day after the claim and its attachments are served or delivered. The appearance of the defendant's agent before the court of first instance causes statutory periods to run against the defendant because null service is equivalent to non-service, while appearance establishes awareness of the proceeding and stands in for service under Article 110(2) of the Civil Procedure Law.
Summary?
If the defendant's agent appears and requests that the plaintiff's agent provide a copy and grant time to file a reply, evidence, and a counterclaim, the time runs for the defendant from the following day. The agent may also collect the claim and attachments from the court registry if no legal impediment exists. This is an educational summary only and does not constitute a judicial text or legal advice.
Practical significance?
Practical effect: the agent's appearance activates the deadlines from the next day and the legal consequences of service are applied accordingly. The ability to obtain copies from the court registry affects when the agent can access the documents.
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