When is the deadline for motion for date and directions - notice of appeal (general)?
The catalogue records a 80 working-days period from Day the notice of appeal (general) is filed. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 80 working-days
- Trigger
- Day the notice of appeal (general) is filed
- Counting
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- Rollovers and holidays
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- Rule 90.37(12)(h). Rule 90.43(3) sets the countervailing pressure: in an appeal not perfected before 80 days from the date of filing the notice of appeal, or before any other time ordered by a judge, the registrar must move to dismiss on five days notice.
- The deadline is for the motion to be HEARD, not merely filed, so the appellant must work backwards from available chambers dates. Note that the 80 days here is expressly 'as defined in Rule 94' (clear working days) whereas the 80 days in r 90.43(3) for perfecting is not so qualified - see the perfection entry. Corrected on verification: the research draft's closing sentence asserted that the 80 days in r 90.43(3) is "not so qualified" and therefore counted differently. Rule 94.02(1) applies to "a period of days in a Rule" whether or not the particular Rule repeats the tag, so both 80-day periods are counted the same way. The figure in this entry, 80 days "as defined in Rule 94" for the motion to be HEARD rather than merely filed, is confirmed verbatim from the r 90.25(2) table, as are the 25, 15 and 10 day rows.