Bar
Any party who fails to deliver a replication or subsequent pleading within the time stated in the court rules shall be automatically barred.
If the defendant fails to deliver the plea with or without a claim in reconvention, or an exception with or without application to strike out within the mentioned 20 days, or within another extended time allowed by the rules, the plaintiff may require its delivery within 5 days. Should the defendant fail to deliver same within the 5 days or within such period as agreed between the parties, he will be ipso facto (automatically) barred from doing so. The days between 16 December and 15 January, both inclusive shall not be counted in the time allowed for the delivery of any pleading. This period is referred to as dies non.
In summary judgment proceedings the time for the delivery of the plea is suspended pending the court’s decision to grant the defendant leave to defend or not. If the court grants such leave the time period for delivery of the plea commences to run on the date the court makes the order.
For more go to Notes on action (trial) proceedings