When is the deadline for dismissal for delay - failure to set the action down for trial?
The catalogue records a 6 months period from Close of pleadings. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 6 months
- Trigger
- Close of pleadings
- 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.
- Dismissal is discretionary. Rule 3.02(1) and (2) apply.
- 'Month' means calendar month: Interpretation Act, RSNB 1973, c I-13, s 38(1). Corrected on verification: the researched catalogue stated that the close of pleadings is not defined by a single rule. It is. Rule 27.05 provides that pleadings are deemed to be closed (a) upon the noting of the defendant in default, (b) upon the service of the Reply, or (c) when the time for service of the Reply has expired.