When is the deadline for application to amend or set aside an order (not a default judgment)?
The catalogue records a 14 days period from the day the order is entered. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 14 days
- Trigger
- the day the order is entered
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
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- None. Rule 1613 (3) provides: "Despite rule 6351 (Time-extending and shortening by court order), the court must not extend the time mentioned in subrule (2)." This period is expressly non-extendable.
- Rule 1613 (4) preserves a separate power to set aside at any time in defined cases, including where the order was made in the absence of a party, was obtained by fraud, is for an injunction or a receiver, does not reflect the court's intention, or where the party with the benefit of the order consents. Default judgments are dealt with separately under r 1128, which carries no fixed period.