CIVIL TIME LIMITS

Question 1

Limitation period for personal injury

Answer 1

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

Question 2

Limitation period for contract/tort

Answer 2

6 years

Question 3

Limitation period for latent damage in contract

Answer 3

3 years

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

Question 4

Limitation period for claims for contribution

Answer 4

2 years

From settlement/judgment of original claim

Question 5

sending docs to mediator before mediation

Answer 5

7 days

Question 6

Serving POC

Answer 6

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

can’t be done outside 4 month CF service period

Question 7

Deemed service of CF

Answer 7

second business day after C completes their action

Question 8

filing a defence after receipt of POC

Answer 8

14 days

can file AOS which extends by 14 days

Question 9

filing defence to counterclaim

Answer 9

14 days

Question 10

F/S AOS of claim form

Answer 10

14 days

Question 11

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

Answer 11

C can file further evidence in 14 days

Question 12

serving claim form

Answer 12

4 months

Question 13

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

Answer 13

28 days

Question 14

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

Answer 14

14 days

Question 15

time for respondent to summary judgement to file evidence in response

Answer 15

7 days before hearing

Question 16

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

Answer 16

3 days before hearing

Question 17

small claims track values

Answer 17

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

Question 18

fast track values

Answer 18

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

Question 19

multi track value

Answer 19

anything other tracks can’t take

Question 20

responding to claim in SCT

Answer 20

14 days

Question 21

responding to claim in ft and mt

Answer 21

28 days

Question 22

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

Answer 22

7 days

Question 23

time between directions and trial

Answer 23

30 weeks

Question 24

time before case management conference parties must agree or submit directions

Answer 24

7 days

Question 25

exchange costs budgets before case management conference

Answer 25

21 days

Question 26

responding to costs budgets before case management conference

Answer 26

7 days

Question 27

serving application for interim remedy before hearing on D

Answer 27

14 days

Question 28

tine for d serving evidence against interim remedy before hearing

Answer 28

7 days (c can respond 3 days before hearing)

Question 29

inspection should be permitted in X days from disclosure

Answer 29

7 days

Question 30

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

Answer 30

14 days | parties must seek to agree 7 days before

Question 31

time for informing parties you wish to rely on deposition evidence

Answer 31

21 days

Question 32

service limit for notice to admit or produce docs

Answer 32

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

Question 33

serving copy of application notice for interim applications

Answer 33

asap and at least 3 days before hearing | 5 days if phone hearing

Question 34

limit for applying to set aside without notice interim app

Answer 34

7 days

Question 35

must state x days acceptance period on part 36 offer

Answer 35

21 days

Question 36

time limit to pay part 36 after acceptance

Answer 36

14 days

Question 37

acceptance period for part 36 made within 21 days of trial

Answer 37

can accept at any point during trial

Question 38

time limit for requesting clarification of part 36

Answer 38

7 days

Question 39

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

Answer 39

21 days

Question 40

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

Answer 40

7 days

Question 41

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

Answer 41

7 days

Question 42

judgement for immediate payment of sum directly enforceable within 14 days

Question 43

time for complying with judgement or order

Answer 43

14 days

Question 44

time limit for enforcing a judgment debt

Answer 44

6 years

Question 45

writs or warrants are valid for...

Answer 45

12 months

Question 46

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

Answer 46

7 days

Question 47

application for permission to appeal application must be made in...

Answer 47

21 days

Question 48

appellant must serve appellant notice on all respondents within

Answer 48

7 days

Question 49

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

Answer 49

7 days

Question 50

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

Answer 50

24 hours of hearing

Question 51

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

Answer 51

2 days before

Question 52

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

Answer 52

24 hours before

Question 53

party must comply with costs order within

Answer 53

14 days