When is the deadline for statement of defence - defendant served in new brunswick?
The catalogue records a 20 days period from Day of service of the Statement of Claim on the defendant, where the defendant is served in New Brunswick. 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 of service of the Statement of Claim on the defendant, where the defendant is served in New Brunswick
- 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.
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- Rule 3.02(1), (2) and (4). Rule 21.01(5) is the practical safe harbour: 'Until a defendant has been noted in default, he may file and serve his Statement of Defence.' Never compute an extension.
- The obligation is to FILE AND SERVE within the period, not merely to file. Count under Rule 3.01(a): exclude the day of service, include the last day. Twenty days is not less than seven, so Rule 3.01(b) does not apply and Saturdays, Sundays and holidays inside the period are counted.