District Courts Rules 2009

  • not the latest version
  • District Courts Rules 2009 forms: The Ministry of Justice has produced forms that are designed for practical use in the District Courts and which correspond to those prescribed in the Rules. These user-friendly forms are available at www.pco.parliament.govt.nz/district-courts-rules-forms/

Schedule 3
Time allocations

r 4.5

General civil proceedings Allocated days or part days
  ABC
1Preparing notice of claim or statement of claim (receiving instructions, researching facts and law, and filing and serving those documents) 0.751.53.0
2Response or defence by defendant (receiving instructions, researching facts and law, and preparing and serving response or statement of defence) 0.751.02.0
3Preparing and serving information capsule by plaintiff and defendant 1.02.03.0
4Filing notice of proceeding, filing response and information capsules under rule 2.15, and preparing, filing, and serving notice of pursuit of claim under rule 2.15 0.250.250.25
5Preparing, filing, and serving originating application 1.02.04.0
6Preparing and serving notice of opposition 1.01.53.0
7Other pleadings and notices:    
7.1Counterclaim 0.50.51.0
7.2Claims between defendants 0.51.02.0
7.3Commencement of proceedings against third parties, including notice of claim 0.751.53.0
7.4Pleading in response to other party’s amended pleading (payable regardless of outcome except where formal or consented to) 0.30.40.75
8Judicial settlement conference:    
8.1Preparation for judicial settlement conference 0.250.250.25
8.2Appearance at judicial settlement conference The time occupied by the judicial settlement conference measured in quarter days
9Interlocutory proceedings and related steps:    
9.1Notice to answer interrogatories 0.31.02.0
9.2Answer to interrogatories 0.31.02.0
9.3Notice to admit facts 0.30.51.0
9.4Admission of facts 0.30.51.0
9.5List of documents on discovery 0.51.04.0
9.6Production of documents for inspection 0.50.752.0
9.7Inspection of documents 0.41.04.0
9.8Filing and serving memorandum in anticipation of judicial conference 0.20.250.75
9.9Appearance at judicial conference 0.30.30.3
9.10Preparing and filing interlocutory application (excluding summary judgment application) and supporting affidavits 0.250.41.0
9.11Preparing and filing opposition to interlocutory application (excluding summary judgment application) and supporting affidavits 0.250.41.0
9.12Preparing for hearing of defended interlocutory application (excluding summary judgment application) The time occupied by the hearing measured in quarter days
9.13Appearance at hearing of defended interlocutory application (excluding summary judgment application) for sole or principal counsel Appearance in court measured in quarter days
9.14Second and subsequent counsel if allowed by court Fifty percent of allowance for appearance for principal counsel
9.15Sealing order or judgment 0.20.20.2
10Summary judgment application (additional to costs in items 1 to 5):    
10.1Preparing and filing summary judgment application and supporting affidavits 0.250.41.5
10.2Preparing and filing opposition and supporting affidavits 0.250.41.5
10.3Preparing for hearing of defended summary judgment application The time occupied by the hearing measured in quarter days
10.4Arguing defended summary judgment application for sole or principal counsel Appearance in court measured in quarter days
10.5Second and subsequent counsel if allowed by court Fifty percent of allowance for appearance of principal counsel
11Obtaining judgment without appearance (additional to costs in items 1 to 7):    
11.1By default/admission 0.20.20.3
11.2By formal proof (including affidavit preparations) 0.30.30.4
Short trial ABC
12Preparation 0.50.50.5
13Appearance at hearing 1.01.51.5
Simplified trial ABC
14Preparation 1.01.252.5
15Appearance at hearing Twice the time occupied by the hearing measured in half days
Full trial ABC
16Preparation for hearing following setting down or direction for trial if trial does not eventuate:    
16.1Plaintiff’s preparation of affidavits or written or oral statements of evidence to be used at hearing 1.252.253.5
16.2Plaintiff’s preparation of lists of issues and authorities, selecting documents for common bundle of documents, and all other preparation 1.252.253.5
16.3Defendant’s preparation of affidavits or written or oral statements of evidence to be used at hearing 1.02.03.0
16.4Defendant’s preparation of lists of issues and authorities, selecting documents for common bundle of documents, and all other preparation 1.02.03.0
17Preparation:    
17.1Where case proceeds to hearing Twice the time occupied by the hearing measured in half days
17.2Where case proceeds by formal proof 1 day
18Appearance at hearing:  
18.1For sole or principal counsel Appearance in court measured in half days
18.2Second and subsequent counsel if allowed for by court Fifty percent of allowance for principal counsel
18.3Appearance for formal proof Appearance in court measured in quarter days
Enforcement and other steps ABC
19Enforcement of judgment or order:    
19.1Application for charging order 0.40.40.4
19.2Application for order for examination 0.20.20.2
19.3Each attendance at examination hearing 0.10.10.1
19.4Application for arrest warrant if debtor fails to appear at examination or community work order hearing 0.10.10.1
19.5Application for community work order 0.20.20.2
19.6Each attendance at community work order hearing 0.10.10.1
19.7Application for attachment order 0.20.20.2
19.8Application for warrant of enforcement: recovery of chattels/distress/recovery of land 0.20.20.2
19.9Application for warrant of committal 0.20.20.2
19.10Application for writ of arrest 0.20.20.2
19.11Garnishee proceedings 0.40.40.4
19.12Interpleader proceedings (including service) 0.40.40.4
19.13Other enforcement process 0.40.40.4
20Other steps in the proceeding not specifically mentioned As allowed by court
21Commencement of appeal (including assessing original decision, noting appealable points, and filing and serving notice of appeal and points of appeal) 0.20.41.0
22Preparing for judicial conference 0.10.20.4
23Appearance at judicial conference 0.10.20.4
24Preparing for appeal The time occupied by the hearing measured in quarter days
25Appearance at hearing Appearance in court measured in quarter days