Rule 3: Time tells you how to count time or days.
You must follow court rules that say the day by which you have to:
- serve your partner, or other people or agencies, with your documents
- file your documents with the court
- confirm your court dates
When you serve your documents, counting starts on the day after the “effective” service day. The effective service day depends on how you served the documents. If you served them:
- personally - service is effective the same day
- by mail - service is effective 5 days after the documents are mailed
- by courier - service is effective the day after the courier picks it up
- by fax or email - service is effective the day it’s faxed or emailed as long as it’s sent before 4 p.m. on a day when the court is open
- at your partner’s home with anyone who seems to be an adult and then mailed to that address - service is effective 5 days after the documents are mailed
For example, suppose your partner has to get your documents at least 7 days before the date of your motion. If you serve them personally on Monday, the first day you count is Tuesday and the 7th day is the following Monday.
If the last day is a holiday, the time period ends on the next day that is not a holiday.
But if you have less than 7 days to serve or file your documents or to confirm your court date, then Saturdays, Sundays, and holidays when court offices are closed are not counted.
Counting time or days is important because court staff won’t accept your documents if you have not followed the rules.