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CIVIL TIME LIMITS > CIVIL TIME LIMITS > Flashcards

CIVIL TIME LIMITS Flashcards

1
Q

Limitation period for personal injury

A

3 years

If person dies, representative may claim within 3 years of death or knowledge

Can apply to disapply usual limitation period for PI/fatal accident

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2
Q

Limitation period for contract/tort

A

6 years

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3
Q

Limitation period for latent damage in contract

A

3 years

If latent, DOA is date of knowledge
Up to maximum of 15 years after D’s original act or omission

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4
Q

Limitation period for claims for contribution

A

2 years

From settlement/judgment of original claim

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5
Q

sending docs to mediator before mediation

A

7 days

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6
Q

Serving POC

A

Within 14 days of DS of CF where separate doc to CF

can’t be done outside 4 month CF service period

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7
Q

Deemed service of CF

A

second business day after C completes their action

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8
Q

filing a defence after receipt of POC

A

14 days

can file AOS which extends by 14 days

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9
Q

filing defence to counterclaim

A

14 days

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10
Q

F/S AOS of claim form

A

14 days

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11
Q

If D doesn’t F/S evidence in support of AOS to claim form within 14 days

A

C can file further evidence in 14 days

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12
Q

serving claim form

A

4 months

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13
Q

if D2 is added to additional claim later they must file contrib/indemnity claim within X days of D2’s defence

A

28 days

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14
Q

notice court must give to respondent when they fix hearing for summary judgement

A

14 days

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15
Q

time for respondent to summary judgement to file evidence in response

A

7 days before hearing

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16
Q

time for applicant for summary judgment to file evidence in reply to D’s evidence

A

3 days before hearing

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17
Q

small claims track values

A

PI up to 10k (where PI element is 1k)
domestic repair up to 1k
other claims up to 10k

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18
Q

fast track values

A

up to 25k
not likely to be more than a day
4 experts max

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19
Q

multi track value

A

anything other tracks can’t take

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20
Q

responding to claim in SCT

A

14 days

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21
Q

responding to claim in ft and mt

A

28 days

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22
Q

time limit for applying to set aside without notice exercise of court’s powers

A

7 days

23
Q

time between directions and trial

A

30 weeks

24
Q

time before case management conference parties must agree or submit directions

A

7 days

25
Q

exchange costs budgets before case management conference

A

21 days

26
Q

responding to costs budgets before case management conference

A

7 days

27
Q

serving application for interim remedy before hearing on D

A

14 days

28
Q

tine for d serving evidence against interim remedy before hearing

A

7 days (c can respond 3 days before hearing)

29
Q

inspection should be permitted in X days from disclosure

A

7 days

30
Q

disclosure in MT

parties must f/s signed disclosure reports X days before case management conference

A

14 days

parties must seek to agree 7 days before

31
Q

time for informing parties you wish to rely on deposition evidence

A

21 days

32
Q

service limit for notice to admit or produce docs

A

by latest date for serving witness statements or within 7 days of disclosure

33
Q

serving copy of application notice for interim applications

A

asap and at least 3 days before hearing

5 days if phone hearing

34
Q

limit for applying to set aside without notice interim app

A

7 days

35
Q

must state x days acceptance period on part 36 offer

A

21 days

36
Q

time limit to pay part 36 after acceptance

A

14 days

37
Q

acceptance period for part 36 made within 21 days of trial

A

can accept at any point during trial

38
Q

time limit for requesting clarification of part 36

A

7 days

39
Q

if new part 36 terms are better than last new period of X days begins

A

21 days

40
Q

if new part 36 terms worse for offeree, offeror has X days to withdraw or change

A

7 days

41
Q

time limit for filing judgment or order where party has been asked to draw it up

A

7 days

42
Q

judgement for immediate payment of sum directly enforceable within 14 days

A
43
Q

time for complying with judgement or order

A

14 days

44
Q

time limit for enforcing a judgment debt

A

6 years

45
Q

writs or warrants are valid for…

A

12 months

46
Q

x number of days must elapse before enforcement of judgement debt can take place

A

7 days

47
Q

application for permission to appeal application must be made in…

A

21 days

48
Q

appellant must serve appellant notice on all respondents within

A

7 days

49
Q

where app to appeal is refused in writing, appellant can apply for oral hearing in…

A

7 days

50
Q

at an interim costs hearing parties haver to serve statement of costs within

A

24 hours of hearing

51
Q

summary assessment of costs in ft, parties must serve written statement of costs

A

2 days before

52
Q

summary assessment of costs in hearings other than ft, parties must serve written statement of costs

A

24 hours before

53
Q

party must comply with costs order within

A

14 days

CIVIL TIME LIMITS (1 decks)

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