When is the deadline for respondent's motion record on summary judgment or summary trial?
The catalogue records a 10 days period from Day set out in the notice of motion for the hearing of the motion. This draft page remains free only until its source, worked example and limits are reviewed.
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In preparation
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Example pending review
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Calculation basis and source
- Period
- 10 days
- Trigger
- Day set out in the notice of motion for the hearing of the motion
- 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.
- Abridgeable or extendable on motion under r 8(1).
- Counts backward. The wording is "not later than 10 days before" and not "at least 10 days before", so Interpretation Act s 27(5) rather than s 27(1) governs: the hearing day is excluded and the tenth day counting back is the last permissible day. This displaces the ordinary 2:00 p.m. two-day rule in r 365(1)(a), which is expressly made subject to r 213(4). The response must set out specific facts and adduce evidence showing a genuine issue for trial and may not rely on what might be adduced later (r 214). Cross-reference in r 365(1)(a) confirmed on verification.