Counting Time Flashcards
When counting time under the CPR, what is the general rule regarding the day on which the time period begins?
A. It is included in the count.
B. It is not included in the count.
C. It is only included if the deadline is less than 5 days.
D. It is only included for deadlines of 7 days or more.
B. It is not included in the count.
Explanation: The first day (the day of the triggering event) is never included when counting time. The first full day after the event is considered “Day 1.”
A document must be served 3 days before a hearing. The hearing is on Monday 15 March. When is the latest date for service?
A. Wednesday 10 March
B. Thursday 11 March
C. Friday 12 March
D. Sunday 14 March
C. Friday 12 March
Explanation:
The hearing date is excluded from counting.
The period is under 5 days, so weekends do not count.
Counting back from Monday:
Friday 12 March = 3rd clear day (latest service date).
A claim form is deemed served on Wednesday 6 July. The defendant has 14 days to file an acknowledgment of service. What is the deadline for filing?
A. Tuesday 19 July
B. Wednesday 20 July
C. Thursday 21 July
D. Friday 22 July
D. Wednesday 20 July
Explanation:
Day 0 = 6 July (not counted).
Day 1 = 7 July → Count 14 days.
Day 14 = 20 July (final deadline).
A court order requires a party to file a document within 7 days. The order was made on Tuesday 5 September. What is the deadline for filing?
A. Tuesday 12 September
B. Wednesday 13 September
C. Thursday 14 September
D. Friday 15 September
A. Tuesday 12 September
Explanation:
Day 0 = 5 September (excluded).
Day 1 = 6 September → Count 7 days.
Day 7 = 12 September (final deadline).
A party is required to serve witness statements at least 4 days before a hearing. The hearing is on Monday 10 October. When is the last date for service?
A. Tuesday 4 October
B. Wednesday 5 October
C. Thursday 6 October
D. Friday 7 October
B. Wednesday 5 October
Explanation:
The hearing date (Monday 10 October) is excluded from counting.
The period is under 5 days, so Saturday and Sunday do not count.
Counting back:
Friday 7 October = 1st clear day
Thursday 6 October = 2nd clear day
Wednesday 5 October = 3rd clear day
Tuesday 4 October = 4th clear day (final deadline).
A claim form is served on Friday 1 December. The defendant must file a defence within 14 days. The deadline falls on a Saturday. What happens?
A. The deadline is extended to Monday 18 December.
B. The deadline remains Saturday 16 December.
C. The deadline moves forward to Friday 15 December.
D. The defendant must request an extension.
A. The deadline is extended to Monday 18 December.
Explanation:
Day 0 = 1 December (not counted).
Day 14 = Saturday 16 December.
Because this is a weekend, the deadline moves to Monday 18 December (next working day).
A party must file an application 5 days before a hearing. The hearing is on Friday 25 August. What is the latest filing date?
A. Friday 18 August
B. Saturday 19 August
C. Monday 21 August
D. Tuesday 22 August
D. Tuesday 22 August
Explanation:
The hearing date (25 August) is excluded.
The period is 5 days or less, so weekends and bank holidays do not count.
Counting back:
Thursday 24 August = 1st clear day
Wednesday 23 August = 2nd clear day
Tuesday 22 August = 3rd clear day (final deadline).
A particulars of claim must be filed within 7 days of service of the claim form. The claim form is served on Friday 15 March. The deadline falls on a court closure day. What happens?
A. The claimant must apply for an extension.
B. The deadline remains the same.
C. The deadline moves to the next working day.
D. The deadline moves to the previous working day.
C. The deadline moves to the next working day.
Explanation:
If the deadline falls on a court closure day (weekend or public holiday), it is extended to the next working day.
A claim form is served on Thursday 10 June. The defendant files an acknowledgment of service on time. By when must the defendant file a defence?
A. Thursday 24 June
B. Friday 25 June
C. Monday 28 June
D. Wednesday 30 June
D. Wednesday 30 June
Explanation:
Acknowledging service extends the time for filing a defence to 28 days from service.
Day 0 = 10 June (not counted).
Day 1 = 11 June → Count 28 days.
Day 28 = 30 June (final deadline).
A claimant must serve a reply to a defence within 7 days of receiving it. The defence was served on Wednesday 3 May. What is the latest date for the claimant to serve the reply?
A. Wednesday 10 May
B. Thursday 11 May
C. Friday 12 May
D. Monday 15 May
C. Friday 12 May
Explanation:
Day 0 = 3 May (not counted).
Day 1 = 4 May → Count 7 days.
Day 7 = 12 May (final deadline).
