3308Cross-vesting—directions

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.