Rule 22 note - quick question

[davie_falkirk]

Hi all,

 

Hopefully there will be some night owls still logged on who could answer this for me...

 

I have a continued Options Hearing next Wednesday (26/10/11) in an Ordinary Cause action. The exact wording of Rule 22 of the Ordinary Cause Rules is as follows:

 

(2) Where the Options Hearing is continued under rule 9.12(5) and a preliminary plea is added by adjustment, a party intending to insist on that plea shall, not later than 3 days before the date of the Options Hearing so continued-

(a) lodge in process a note of the basis for the plea; and

(b) intimate a copy of it to every other party

 

I'm confused as to when is the latest that I can provide the other side with a copy of my rule 22 note. To my way of thinking, 3 (working) days before Wednesday 26th would be Friday 21st. Therefore as long as I lodge the rule 22 at the court on Thursday 20th and post a copy by Special Delivery to arrive at the other side on Friday 21st, I will have complied with the above

 

I'm just concerned that in practise you are expected to provide the other side with the rule 22 note in sufficient time to allow 3 full working days prior to the hearing, i.e. not counting the day that it arrives.

 

Can anyone clarify this for me?

 

Cheers,

David

[AndyOrch]

I don't think its working days Davie but to be on the safe side I too would file on the Friday.

 

Regards

 

Andy

[davie_falkirk]

Hi Andy,

 

I'm pretty sure that it will be 3 "working" days, I just don't know whether I need to post it today to arrive Thursday 20th therefore allowing 3 COMPLETE working days i.e. 21st, 24th & 25th prior to the hearing on the 26th, or if I can post it tomorrow to arrive on the 21st, and still count the 21st as one of the 3 days.

 

Cheers,

David