When is the deadline for filing of notice of motion with proof of service?
The catalogue records a 7 days period from The hearing date of the motion. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 7 days
- Trigger
- The hearing date of the motion
- 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 or abridgment by filed consent. Where service of the notice of motion is not required, r 37.08(2) allows filing at or before the hearing.
- Backward. Seven days or fewer, so holidays are not counted. Under r 37.09(2), a party who serves a notice of motion and does not file it or appear is deemed to have abandoned the motion unless the court orders otherwise.