When civil proceeding starts
32 When civil proceeding starts
A proceeding started by an originating process starts on the day the originating process for the proceeding is filed.
Rule 6145 (5) (Filed documents initially rejected) provides that, if a document is rejected by the registrar, it is taken to have been filed on the day it was first filed.
Rule 301 deals with when a third-party proceeding starts.
However, if a proceeding is started by oral originating application under rule 37 (When oral originating application may be made in Supreme Court), the proceeding starts on the day the oral originating application is made.
For this rule, it does not matter—
that the originating process later ceases to be valid for service or is renewed under rule 74 (Originating process—duration and renewal); or
that the proceeding started by the originating process is later dismissed under rule 75 (When proceeding taken to be dismissed); or
that the proceeding started by the originating process is reinstated under rule 76 (Reinstating dismissed proceeding).
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