When is the deadline for serve and file notice of motion and motion record for summary judgment or summary trial?
The catalogue records a 20 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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Calculation basis and source
- Period
- 20 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 on motion under r 8(1). The Court may also give directions under r 385 in a specially managed proceeding.
- Counts backward. "At least" engages Interpretation Act s 27(1), so both the day of service and filing and the hearing day are excluded and 20 clear days must intervene. The motion itself may only be brought after the defendant has filed a defence and before the time and place for trial have been fixed (r 213(1)), and a second such motion requires leave (r 213(2)). No motion for summary judgment or summary trial may be brought in a simplified action (r 297). Rule 213 read in full on verification.