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UNIFORM CIVIL PROCEDURE RULES 1999 - REG 31
Applications in a proceeding
31 Applications in a proceeding
(1) A person making an application in a proceeding, or the person’s
solicitor, must sign the application and file it.
(2) The application must be
in the approved form.
(3) The application must name as respondent any party
whose interests may be affected by the granting of the relief sought.
(4) If
an application is made by a person who is not a party to the proceedings, the
application must have on it the information required under rule 17 to be on an
originating process unless the information has already been provided on a
document filed in the proceeding.
(5) An application must be filed and then
served on each respondent at least 2 business days before the day set for
hearing the application. Note— Under the Acts Interpretation Act 1954 ,
section 38 (1) (a) , the service day and the hearing day are excluded in the
reckoning of time.
(6) If all the parties to an application consent to an
adjournment of a hearing of the application, they may adjourn the application
by noting the adjournment on the court file.
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