When is the deadline for affidavit of documents and schedule a copies - simplified procedure?
The catalogue records a 10 days period from Close of pleadings in an action under Rule 76. 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 days
- Trigger
- Close of pleadings in an action under Rule 76
- 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.
- r 3.02(1) court may extend or abridge; r 3.02(4) extension by filed consent.
- IMPORTANT ASYMMETRY: this ten-day period exists ONLY in simplified procedure. The ordinary-procedure affidavit of documents rule, r 30.03(1), prescribes NO time period at all - the former ten-day requirement was removed and the current text simply says a party 'shall serve' an affidavit of documents. Do not encode a ten-day ordinary-procedure affidavit of documents deadline. Rule 76 is mandatory where the claim is exclusively for money, real property or personal property totalling $200,000 or less exclusive of interest and costs (r 76.02(1)).