Time Limits Flashcards
What is time limit for delivery of statement of claim after service of summons under Order 20 Rule 2 RSC.
8 weeks from date of service of Summons
8 weeks from service of Notice after Def enters Appearance
SI490/2021
What are the time limits for Entering an Appearance for Plenary, Summary and Special Summons as set out in Order 12 Rule 2.
Plenary and Summary - 8 days
Special - no time limit
Can Defendant be heard where no Appearance entered following service of Special Summons
No - unless with leave of court not entitled to be heard in such proceedings unless Appearance entered.
What order governs the time for entering appearance in CC?
Order 15 CCR – 10 days from service of Civil Bill.
What Order governs appearance in DC – what is time limit.
Order 42 – not later than 28 days after service of claim notice
What is Order of RSC for delivery of defence - what is the time limit?
Order 21 RSC - 8 weeks from entry of appearance or in any other case 8 weeks from date of delivery of the statement of claim.
SI490/2021
What is Order of CCR for delivery of defence - what is the time limit?
Order 15 CCR - 10 days after the entry of appearance
What is Order of DCR for delivery of defence - what is the time limit?
Order 42 - 28 days
What must plaintiff do in cases of unliquidated claims where defendant has delivered no defence?
Plaintiff must write to defendants solicitor giving 28 days notice of intention to seek judgement and consenting to late delivery of defence within the time (order 27 rule 10(1))
- How does a successful motion for particulars ordering the plaintiff to provide particulars to the defendant, after a statement of claim has been served upon the defendant, effect the time limit within which the defendant has to deliver his defence?
a. The defence must be delivered within 8 weeks of the receipt of the statement of claim regardless of any motion for particulars.
b. The period between service of the notice of motion for a reply to particulars and the order being made by the court, isn’t included in the 8 weeks.
c. Once the order to supply particulars is made, the 8 weeks period starts afresh
d. The period between service of the notice of motion and the date the order for particulars is complied with aren’t included in the 8 weeks.
d. The period between service of the notice of motion and the date the order for particulars is complied with aren’t included in the 8 weeks
- What time limit does the relevant order in the Rules of the Superior Courts set down for an application for leave to join a third party?
A Within 28 days from the time limited for delivering the defence
B Within 14 days from the time limited for delivering the defence
C Within 10 days from the time limited for delivering the defence
D Within 8 days from the time limited for delivering the defence
a. Within 28 days from the time limited for delivering the defence
Which of the following deals with the requisite time limits in a judicial review application?:
a. Order 84, rule 12;
b. Order 84, rule 20 (1);
c. Order 84, rule 21 (1); or
d. Order 84, rule22 (1).
c. Order 84, rule 21 (1)
- Shall be made within 3 months from the date when the grounds for the application first arose.
Under Order 7 CCR what is the time limit for joining a third party?
Any time after the Defendant enters an appearance and any time prior to the trial of the action.
Under Order 28 Rule 2 RSC when can a Plaintiff amend his statement of claim without leave?
Once;
at any time before the time allows for a reply - 14 days after delivery of defence- and before replying
or
where no defence is delivered, within 4 weeks from the entry of an appearance by the Def.
What are the time limits for JR leave Applications in relation to Immigration and Planning?
Immigration - 28 days
Planning - 8 weeks.
