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RULE 3
TIME

Analysis



Computation of time

  3.01. Unless the contrary otherwise appears, the computation of time under these rules or any order of the Court is governed by the following provisions:

             (a)  Where the time limited for the doing of a thing expires or falls upon a Saturday, Sunday or holiday, the thing may be done on the day next following that is not a Saturday, Sunday or holiday.

             (b)  Where there is a reference to a number of clear days or "at least " a number of days between two events, in calculating the number of days there shall be excluded the days on which the events happen.

             (c)  Where there is a reference to a number of days, not expressed to be clear days, between two events, in calculating the number of days there shall be excluded the day on which the first event happens and included the day on which the second event happens.

             (d)  Where a time is expressed to begin or end at, on, or with a specified day, or to continue to or until a specified day, the time includes that day.

             (e)  Where a time is expressed to begin after or to be from a specified day, the time does not include that day.

              (f)  Where anything is to be done within a time after, from, of or before a specified day, the time does not include that day.

             (g)  Where there is a reference to a period of time consisting of a number of months after or before a specified day, the number of months shall be counted from, but not so as to include, the month in which the specified day falls, and the period shall be reckoned as being limited by and including

                      (i )  the day immediately after or before the specified day, according as the period follows or precedes the specified day, and

                     (ii)  the day in the last month so counted having the same calendar number as the specified day, but if the last month has no day with the same calendar number, then the last day of that month.

             (h)  Where any limited time less than six days from or after any day or event is appointed or allowed for doing any act or taking any proceeding, Saturdays, Sundays and holidays shall not be reckoned in the computation of the limited time.

1986 c42 Sch D rule 3.01

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Newfoundland Standard Time Act

  3.02. The Newfoundland Standard Time Act applies to these rules.

1986 c42 Sch D rule 3.02

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Extension, etc., of time

  3.03. (1) The Court may, on such terms as it thinks just, extend or abridge the period within which a person is required or authorized by these rules, or by any order, to do or abstain from doing any act in a proceeding.

             (2)  The Court may extend any period referred to in rule 3.03(l) although the application for extension is not made until after the expiration of the period.

             (3)  The period within which a person is required by these rules or any order to serve, file or amend any pleading or other document may be extended by consent in writing of the parties.

1986 c42 Sch D rule 3.03

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Notice of intention to proceed after twelve months' delay

  3.04. Where twelve months or more have elapsed since the last step in a proceeding, the party who desires to proceed shall, unless the Court otherwise orders, give to every other party not less than one month's notice of that party's intention to proceed. An interlocutory application on which no order was made is not a step for the purpose of rule 3.04. Neither a discontinuance nor an application to dismiss for want of prosecution is a step in a proceeding.

1986 c42 Sch D rule 3.04