When is the deadline for motion to set aside or vary a judgment or order after entry?
The catalogue records a 14 days period from Entry of the judgment or order. 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
- Entry of the judgment or order
- Counting
- The encoded calculator method must be independently documented before publication.
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- EXPRESSLY NON-EXTENDABLE. UCPR r 36.16(3C): "Despite rule 1.12, the court may not extend the time limited by subrule (3A) or (3B)." The general extension power in r 1.12 does not reach this period.
- This is one of the very few UCPR periods insulated from r 1.12. Once the 14 days has run, the applicant is confined to the narrower gateways in r 36.16(2) (default judgments other than those given in open court; judgments given or made in the absence of a party; and, in possession proceedings, judgments given in the absence of a person the court ordered to be added as a defendant), to the slip rule in r 36.17, or to an appeal. The trigger is ENTRY of the judgment, not the date it was pronounced; entry is a separate registry act under UCPR r 36.11 and the two dates frequently differ. Corrected on verification: the non-extension provision is r 36.16(3C), which the researched entry described but did not cite by subrule.