When is the deadline for third party claim - service and filing window?
The catalogue records a 10 days period from Service of an application for an order that a pre-trial conference be held, where no joint request to schedule a pre-trial conference has been 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
- 10 days
- Trigger
- Service of an application for an order that a pre-trial conference be held, where no joint request to schedule a pre-trial conference has been filed
- 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.
- Leave of the Court permits a third party claim at any time (r 3-32(c)(iii)).
- The primary limb is event-based rather than a period: a third party claim may be filed at any time before a joint pre-trial request is filed. The 10 day period only applies where no joint request has been filed. Some enactments impose a different third party procedure - for example s 7 of The Contributory Negligence Act requires leave to add a third party defendant (Information Note to r 3-31).