Application in proceeding—filing and service
6008 Application in proceeding—filing and service
An application in a proceeding must be filed in the court, and, unless these rules otherwise provide, a stamped copy served on each other party, not later than 2 days before the return date for the application.
Example
If the return date is Friday, that day and the day the application is served are not counted in working out the 2 days. For service to be valid, the application must be served on or before the Tuesday before the return date.
See r 6015 (Application in proceeding—applications under r 40).
See the Legislation Act, s 151 (Working out periods of time generally) and these rules, pt 6.7 (Time).
However, a party to the proceeding who is not an active party need not be served with the application unless the application seeks an order requiring the party to do, or not to do, something.
If the application is to be served on a person who is not an active party, the application must be served—
personally unless the court otherwise orders; and
not later than 2 days before the return date.
This part applies to an application for an order otherwise ordering.
The court may order service of the application on anyone it considers appropriate.
This part applies to an application for an order under r (4).
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