When is the deadline for service of a notice of motion?
The catalogue records a 4 days period from The date on which the motion is to be heard. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 4 days
- Trigger
- The date on which the motion is to be heard
- 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 by the court under r 3.02(1) and by consent in writing under r 3.02(3).
- CRITICAL: this is a period of less than seven days, so under r 3.01(b) holidays (which under r 1.03 include every Saturday and Sunday) are NOT counted. The four days are four non-holiday days. Rule 3.01(a) then excludes the day of service and includes the hearing day, and expressly disapplies clear-days counting notwithstanding the words 'at least'. Rule 3.01(d) can also bite: service after 5 p.m. or on a holiday is deemed to happen on the next non-holiday day.