When is the deadline for court-assigned motion date - minimum lead time, motion under half a day?
The catalogue records a 10 working-days period from Day the notice of motion is expected to be delivered to each other party. 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 working-days
- Trigger
- Day the notice of motion is expected to be delivered to each other party
- Counting
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- Rollovers and holidays
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- Rule 23.05(4) - a judge may convene a conference to assign a time, date and place and give other directions if the motion is too complicated for a date to be assigned without a conference. Rule 23.05(5)(a) - the judge may set the deadlines for filing the notice of motion, affidavits and briefs.
- This constrains the court's choice of hearing date rather than a party's filing date; it is the floor beneath the r 23.11 filing chart. The companion limb r 23.05(3)(b) sets fifteen days if the motion requires more than a half-day.