sec.389Continuation of proceeding after delay

### sec.389 Continuation of proceeding after delay If no step has been taken in a proceeding for 1 year from the time the last step was taken, a party who wants to proceed must, before taking any step in the proceeding, give a month’s notice to every other party of the party’s intention to proceed. If no step has been taken in a proceeding for 2 years from the time the last step was taken, a new step may not be taken without the order of the court, which may be made either with or without notice. For this rule, an application in which no order has been made is not taken to be a step. r 389 (4)–(5) exp 1 July 2000 (see r 389(5)) (sec.389-ssec.1) If no step has been taken in a proceeding for 1 year from the time the last step was taken, a party who wants to proceed must, before taking any step in the proceeding, give a month’s notice to every other party of the party’s intention to proceed. (sec.389-ssec.2) If no step has been taken in a proceeding for 2 years from the time the last step was taken, a new step may not be taken without the order of the court, which may be made either with or without notice. (sec.389-ssec.3) For this rule, an application in which no order has been made is not taken to be a step.