The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

ORDER 3 TIME

“Month” means calendar month

1.  Without prejudice to section 5 of the Interpretation Act 1978(1) in its application to these Rules, the word “month”, where it occurs in any judgment, order, direction or other document forming part of any proceedings in the Supreme Court, means a calendar month unless the context otherwise requires.

[E.r. 1]

Reckoning periods of time

2.—(1) Any period of time fixed by these Rules or by any judgment, order or direction for doing any act shall be reckoned in accordance with the following provisions of this rule.

(2) Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.

(3) Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.

(4) Where the act is required to be done a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.

(5) Where, apart from this paragraph, the period in question, being a period of 7 days or less, would include a Saturday, Sunday or bank holiday, Christmas Day or Good Friday, that day shall be excluded.

(6) In paragraph (5) “bank holiday” means a day which is, or is to be observed as, a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 1971(2).

[E.r. 2]

Long Vacation excluded from time for service, etc. of pleadings

3.  Unless the Court otherwise directs, the period of the Long Vacation shall be excluded in reckoning any period prescribed by these Rules or by any order or direction for serving, filing or amending any pleading.

[E.r. 3]

Expiration of time when office closed

4.  Where the time prescribed by these Rules, or by any judgment, order or direction, for doing any act at an office of the Supreme Court expires on a day on which that office is closed, and by reason thereof that act cannot be done on that day, the act shall be in time if done on the next day on which that office is open.

[E.r. 4]

Extension, etc. of time

5.—(1) The Court may, on such terms as it thinks just by order extend or abridge the period within which a person is required or authorised by these Rules, or by any judgment, order or direction, to do any act in any proceedings.

(2) The Court may extend any such period as is referred to in paragraph (1) although the application for extension is not made until after the expiration of that period.

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

(4) In this rule references to the Court shall be construed as including references to the Court of Appeal.

[E.r. 5]

Notice of intention to proceed after year's delay

6.—(1) Where a year or more has elapsed since the last proceeding in a cause or matter, the party who desires to proceed must give to every other party not less than one month's notice of his intention to proceed.

(2) Where two years or more have elapsed since the fast proceeding in a cause or matter the defendant may apply to the Court by summons to dismiss the same for want of prosecution.

(3) A motion or summons on which no order was made is not a proceeding for the purpose of this rule.

[E.r. 6]

(1)

1978 c. 30

(2)

1971 c. 80