Discussion
Probable a silly question but if a Court tells you to do something "BY" a certain date does that include that date?
For example do something by this Monday the 10th would it be OK to do it on the 10th or, given it is a weekend beforehand, would it be best to do it on Friday 7th to be on the safe side?
For example do something by this Monday the 10th would it be OK to do it on the 10th or, given it is a weekend beforehand, would it be best to do it on Friday 7th to be on the safe side?
catweasle said:
Probable a silly question but if a Court tells you to do something "BY" a certain date does that include that date?
For example do something by this Monday the 10th would it be OK to do it on the 10th or, given it is a weekend beforehand, would it be best to do it on Friday 7th to be on the safe side?
If pushing it, I’d have it done by the time the court opens on the given day. For example do something by this Monday the 10th would it be OK to do it on the 10th or, given it is a weekend beforehand, would it be best to do it on Friday 7th to be on the safe side?
vonhosen said:
My reading of these things is that if you want it done before a date you say that 'before'.
I take 'by' to be not later than, as in it can be on or before.
That is what I thought also but not certain.I take 'by' to be not later than, as in it can be on or before.
There's a bit more to it:
It's actually file to Court and serve on another party......I have just filed with the Court by tracked post (to be on the safe side) but I have a suspicion the other party are waiting until the last minute to see what I serve on them before sending theirs so I want to leave mine to the last minute. (if needs be I will email it to them Sunday night).
catweasle said:
That is what I thought also but not certain.
There's a bit more to it:
It's actually file to Court and serve on another party......I have just filed with the Court by tracked post (to be on the safe side) but I have a suspicion the other party are waiting until the last minute to see what I serve on them before sending theirs so I want to leave mine to the last minute. (if needs be I will email it to them Sunday night).
Be very careful with this and do not miss the deadline.There's a bit more to it:
It's actually file to Court and serve on another party......I have just filed with the Court by tracked post (to be on the safe side) but I have a suspicion the other party are waiting until the last minute to see what I serve on them before sending theirs so I want to leave mine to the last minute. (if needs be I will email it to them Sunday night).
Serve, for example, does not mean send. These are two completely different concepts.
In criminal proceedings, a document sent electronically is served on the same day if sent before 2:30 p.m. on a business day. Otherwise, it is served the next business day; see CrimPR 4.11(2)(d)
In civil proceedings, service requirements are set out in CPR 6.14 (for a claim form) and CPR 6.26 (for any other document).
Edited by agtlaw on Thursday 6th February 12:29
Does this help ?
Civil Procedure Rules said:
Dates for compliance to be calendar dates and to include time of day
2.9 (1) Where the court gives a judgment, order or direction which imposes a time limit for doing any act, the last date for compliance must, wherever practicable –
(a) be expressed as a calendar date; and
(b) include the time of day by which the act must be done.
(2) Where the date by which an act must be done is inserted in any document, the date must, wherever practicable, be expressed as a calendar date.
2.9 (1) Where the court gives a judgment, order or direction which imposes a time limit for doing any act, the last date for compliance must, wherever practicable –
(a) be expressed as a calendar date; and
(b) include the time of day by which the act must be done.
(2) Where the date by which an act must be done is inserted in any document, the date must, wherever practicable, be expressed as a calendar date.
agtlaw said:
catweasle said:
That is what I thought also but not certain.
There's a bit more to it:
It's actually file to Court and serve on another party......I have just filed with the Court by tracked post (to be on the safe side) but I have a suspicion the other party are waiting until the last minute to see what I serve on them before sending theirs so I want to leave mine to the last minute. (if needs be I will email it to them Sunday night).
Be very careful with this and do not miss the deadline.There's a bit more to it:
It's actually file to Court and serve on another party......I have just filed with the Court by tracked post (to be on the safe side) but I have a suspicion the other party are waiting until the last minute to see what I serve on them before sending theirs so I want to leave mine to the last minute. (if needs be I will email it to them Sunday night).
Serve, for example, does not mean send. These are two completely different concepts.
In criminal proceedings, a document sent electronically is served on the same day if sent before 2:30 p.m. on a business day. Otherwise, it is served the next business day; see CrimPR 4.11(2)(d)
Incidentally, Court have not indicated electronic filing so I am posting my papers etc but am I right in thinking solicitor firms have a direct fax type thingy? (DX)
Forget the last bit.........did my own research rather than being lazy.
Edited by anonymous-user on Thursday 6th February 13:14
catweasle said:
Incidentally, Court have not indicated electronic filing so I am posting my papers etc but am I right in thinking solicitor firms have a direct fax type thingy? (DX)
There was a decision of the Supreme Court last year that determined electronic service of a Completion Notice was valid, so I would assume you can serve Court documents electronically too.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff