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Court Procedures Rules
3308Cross-vesting—directions
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3308 Cross-vesting—directions
(1) The first party in a proceeding to rely on a cross-vesting law must
apply to the court for directions.
(2) If a plaintiff is required to apply for directions, the plaintiff must make
and serve the application not later than 7 days after the day the first
notice of intention to respond or defence is served on the plaintiff.
(3) If a defendant is required to apply for directions, the defendant must
make and serve the application not later than 7 days after the day the
process by which the cross-vesting law is relied on is served.
(4) If a proceeding is transferred to the court from another court, the
plaintiff must, not later than 21 days after the day the order for the
transfer is made, apply to the court for directions.
(5) If the plaintiff does not comply with subrule (4)—
(a) another party may apply for directions; or
Rule 3309
(b) the court may call the parties before it on its own initiative.
(6) On hearing an application for directions, the court must give the
directions or make the decisions about the conduct of the proceeding
(7) At the trial or hearing of the proceeding, the court may amend or set
aside a direction made on application for directions.