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DISTRICT COURT (CIVIL PROCEDURE) RULES, 2004

 

      Rule        

 

ORDER 6

TIME

 

Reckoning periods of time

1. (1) A period of time fixed by these Rules or by a judgement, order or direction of the Court for doing an act shall be reckoned in accordance with this rule.

(2) Where an act is required to be done

                 (a) within a specified period after or from a specified date, the period begins to fun irnll1L'ctii1tcly after that date.

(b) within a specified period before a specified date, the period ends immediately before that date,

(c) within a period not later than a specified date, the period ends immediately before the end of the specified date, or (d) on a specified number of clear days before or after a specified date, at least that number of specified days shall intervene between the day on which the act is done and that date.

(3) Where, apart from this rule, the period within which or not later than which an act is required to be done is a period of seven days or less and would include a Saturday, Sunday or a public holiday, that Saturday, Sunday or public holiday shall be excluded.

Non-working days

2. Where the time prescribed by these Rules or by any judgement, order or direction, for doing an act at an office of the Court expires on a day on which that office is closed, and for that reason that act cannot be done on that day, the act shall be considered to have been done in time if done on the next day on which that office opens.

Extension or reduction of time

3. (1) The Court may, on terms that it considers just, by order extend or reduce the period within which a person is required or authorised by these Rules, or by a judgment, order or direction of the Court, to do an act in any cause or matter.

(2) The Court may extend the period required for any act by these rules although the application for extension is not made until after the expiration of the period.

(3) The period within which a person is required by these Rules, or by any order or direction, to serve, file or amend a pleading or other document may be extended by consent given in writing, without an order of the Court for that purpose.

Definition of month

4. Without limiting the effect of section 23 of the Interpretation Act, 1960 (C.A.4), in the application of these Rules, the word "month", where it occurs in any judgment, order, direction or other document that forms a part of a cause or matter in the Court, means a calendar month unless the context otherwise requires.

 

 

 

 

 

 

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