When is the deadline for supreme court - file and serve affidavit in opposition to a summons?
The catalogue records a 2 days period from The return day of the summons (counted backwards). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 2 days
- Trigger
- The return day of the summons (counted backwards)
- 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.
This route remains in preparation until a pinpoint official source is recorded.
- "Unless the Court otherwise orders." O 3 r 5 general power.
- Added on verification. "Not less than" engages Interpretation Act 1984 (WA) s 61(1)(f), so both the day of service and the return day are excluded. SHORT-PERIOD RULE ALSO ENGAGED: 2 days is less than 7, so RSC O 3 r 2(2) excludes any day on which the Central Office is closed for business. A parallel 2 days' written notice to the registrar and the other parties is required to bring on an adjourned summons for further hearing (O 59 r 5(3)(b)). Source: Rules of the Supreme Court 1971 (WA) O 59 r 5, current consolidation [09-am0-00] at legislation.wa.gov.au.