8. Can an Acknowledgment of Service be withdrawn or amended?
An Acknowledgment of Service (“AoS”) cannot simply be withdrawn at will. Withdrawal requires the leave of the court under Order 21, rule 1 of the Rules of the High Court (Cap. 4A) (“RHC”) or the Rules of the District Court (Cap. 336H) (“RDC”).
The court possesses unfettered discretion when considering an application to withdraw an AoS. Leave will routinely be granted where the AoS was returned by mistake, inadvertence, or administrative error.
Leave may be refused if the AoS was filed deliberately and on proper legal advice, particularly where it contained a statement that the defendant did not intend to contest the claim.
If the defendant wants to amend the AoS, leave will usually be required under Order 20, rule 2 of the RHC or RDC. There is, however, one important practical exception: before judgment has been entered, a defendant may amend the AoS without leave in order to change the position from “not contesting” to “contesting” the claim.
Where an amendment is authorized (with or without leave), a fresh, newly completed AoS form bearing the amendments must be handed in or sent by post to the High Court Registry or District Court Registry.
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