When is the deadline for service of the motion to rescind or vary an order made without notice (motions)?
The catalogue records a 10 days period from Day the order made without notice came to the affected person's attention. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 10 days
- Trigger
- Day the order made without notice came to the affected person's attention
- 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.
- Rule 3.02(1) and (2). Never compute an extension.
- TWO deadlines run from the same trigger and both must be met. This entry is the service limb. The returnable limb is entry ca_nb_rescind_order_without_notice_motion_returnable. Rule 37.06(2): where possible the motion is made to the judge who made the order.