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When is the deadline for supreme court - exchange list of documents (discovery)?

The catalogue records a 21 days period from Close of pleadings as between the party and the other party (computed under r 14.08). This draft page remains free only until its source, worked example and limits are reviewed.

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Calculation basis and source

Period
21 days
Trigger
Close of pleadings as between the party and the other party (computed under r 14.08)
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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  • "or within such other time as the Court allows"; SCR r 3.02. Non-compliance with a subsequent order engages r 24.02 (dismissal or striking out of defence).
  • Does not apply in third party proceedings (r 29.03(3)) but does apply to a counterclaim (r 29.03(4)). Delivery to the other party, not filing, so r 3.01(5) does not apply. Verified drafting point: r 29.03(3) as enacted reads "Without prejudice to any directions given by the Court under rule 11.13, this subrule does not apply in a third party proceeding". Read literally, "this subrule" is circular; the orthodox reading, supported by r 29.03(4) ("Subrule (2) also applies to and in relation to a counterclaim"), is that the exclusion is directed at the discovery obligation in subrules (1) and (2).

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