What is it for?
Rule 3 is the calendar rule. It does not start a case or schedule a hearing. It tells you how to count a period once another rule or an order gives you a trigger, such as service of an Application, or a hearing date. First find when service is legally effective under Rule 6; then use Rule 3 to count.
What it can and cannot do
Rule 3 can move the last day when court offices are closed, and a court can lengthen or shorten time under Rule 3(5). It does not turn a late email into same-day service or make a private agreement sufficient for every deadline. Rule 3(6) excludes motion and conference confirmations and certain case management and child protection times from the parties’ power to change deadlines by written consent.
Forms to use and what to put in them
There is no Rule 3 form. Write down the triggering event, its legally effective date, the number of days, whether the period is shorter than seven days, the last permissible date and time, and the source rule or order. For a deadline before a hearing, write down the hearing date and count back. A court order, written consent where allowed, or a motion requesting more time may change the result.
How to prepare
- Locate the exact deadline.Is it “within 30 days after service,” “at least six days before,” or “by 2 p.m. three days before”? The wording and any order matter.
- Find the effective service date.Rule 6 gives different dates for email, mail, courier, and special service. Save the proof of the time and method.
- Count under Rule 3.Exclude the first day and include the last. For a period shorter than seven days, exclude Saturdays, Sundays, and days court offices are closed. For seven or more days, count calendar days, then move a closed-court last day to the next open day.
- Check time of day and local directions.A 2 p.m. confirmation or 5 p.m. regional cutoff remains a separate clock deadline. Aim ahead of the limit so there is time to fix a rejected filing.
How this step fits into the court process
Rule 3 has no independent service, filing, court-date, or confirmation step. Apply it to the actual proceeding: Answer, conference, or motion. If more time is needed, obtain a court order or a permitted written consent before relying on a changed date. Rule 3(7) directs court staff to refuse late documents in the circumstances it specifies; sending a document does not mean it was accepted.
Timeline for serving and filing
- Day 0: identify the trigger.If a document was served, first apply Rule 6 to find its effective date.
- Day 1: begin counting.The day after the first event is day one for a period measured after that event.
- Before the last day: check closed days.For a period shorter than seven days, skip days on which court offices are closed. If the final day is closed, use the next open day under Rule 3(3).
- Before submission: check the hour.A rule or practice direction may require 2 p.m. or 5 p.m. Even an otherwise correct date can miss that cutoff.
Example: an Application effectively served October 1 ordinarily gives 30 days for an Answer, through October 31, unless that last day is one on which court offices are closed or an order changes the time. Do the calculation again for the actual year and case.
Hot points to remember
- Short means fewer than seven days: weekends and court-closed days are excluded under Rule 3(2); seven days is a different calculation.
- Confirmation is special: parties cannot privately change Rule 14 motion or Rule 17 conference confirmation time by written consent under Rule 3(6).
- Service date comes first: an email after 4 p.m. usually has a later effective date under Rule 6.
- Orders control: check a judge’s timetable and any local filing cutoff in addition to the Family Law Rules.
Where are the page and evidence limits?
Rule 3 has no page or evidence limit. It governs time. The document whose deadline you are counting may have a separate limit under a rule or the Superior Court practice direction.