When is the deadline for deemed service where a non-originating document is served after 4 p.m. or on a holiday?
The catalogue records a 1 day period from Actual service of a document other than an originating process after 4 o'clock in the afternoon, or on a holiday. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 1 day
- Trigger
- Actual service of a document other than an originating process after 4 o'clock in the afternoon, or on a holiday
- 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.
- None. This is a deeming provision, not an extendable period.
- This provision is the reason backward-counted service deadlines in New Brunswick cannot safely be rolled FORWARD when they land on a holiday: serving on the Saturday that is the nominal last day is deemed service on the following Monday, so the minimum notice is not given. 'Originating process' is defined by Rule 1.04 and includes a Notice of Action and a Notice of Application but expressly excludes a Notice of Motion and a Preliminary Motion.