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Court Procedures Rules
32When civil proceeding starts
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32 When civil proceeding starts
(1) A proceeding started by an originating process starts on the day the
originating process for the proceeding is filed.
Note 1 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.
Note 2 Rule 301 deals with when a third-party proceeding starts.
(2) 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.
(3) For this rule, it does not matter—
(a) that the originating process later ceases to be valid for service or
is renewed under rule 74 (Originating process—duration and
renewal); or
(b) that the proceeding started by the originating process is later
dismissed under rule 75 (When proceeding taken to be
dismissed); or
(c) that the proceeding started by the originating process is
reinstated under rule 76 (Reinstating dismissed proceeding).
Rule 33