Time for Service of Court Documents
What rule governs service of court documents?
Rule 3 governs time for serving documents.
How do we count days?
When counting the days between two events for the purpose of serving or filing your documents, counting begins on the day after the first event has happened, and the final day to count is the day when the second event happens.
How does counting days change for short periods less than 7 days?
If you have less than 7 days to serve or file your documents, Saturdays, Sundays, and holidays when all court offices are closed must be excluded when counting days, as they are not considered part of the time period.
How to handle if the deadline falls on a day when the courthouse is closed?
If the final day to serve or file your documents falls on a weekend, holiday, or any other day when the courthouse is closed, the deadline is extended to the day when the courthouse opens. Ex. If January 3rd is a day when the courthouse is closed then January 4th is the new deadline.
Examples:
Example 1: If our motion is on Wednesday, March 27th, the moving party’s materials are due 6 days before the motion which is Tuesday, March 19th.
Example 2: If an application is filed on Monday, March 18th, the answer is due in 30 days which is Wednesday, April 17th. The reply is due 10 days after receiving the answer which is Monday, April 29th.
Can parties agree to a different timeline? If yes, under what rule?
Parties have the option to agree to a different timeline. To create this change, both parties must provide written consent by submitting a consent motion to change the existing arrangement (Ontario 2021). This motion should include details about the current arrangement and the proposed changes agreed upon by both parties. Additionally, both parties are required to sign the form to finalize their agreement and submit to court (Ontario 2021).
Under what two circumstances can the court office refuse your documents?
Court offices can refuse your documents if they are submitted late of the ordered time or if the person files a document after the time agreed upon by all persons involved.