Federal Courts Rules

Marginal note:Actions — Federal Court

• 380 (1) If, in an action commenced in the Federal Court,

  • (a) 180 days have elapsed since the issuance of the statement of claim and no statement of defence has been filed and no motion for default judgement is pending, the Administrator shall issue a notice of status review, in Form 380, to the parties; or

  • (b) 360 days have elapsed since the issuance of the statement of claim and no requisition for a pre-trial conference has been filed, the Court shall order that the action continue as a specially managed proceeding and may make an order under rule 385.

• Marginal note:Applications — Federal Court

  (2) If, in an application commenced in the Federal Court, 180 days have elapsed since the issuance of the notice of application and no requisition for a hearing date has been filed, the Court may

  • (a) issue a notice of status review, in Form 380, to the parties; or

  • (b) order that the application continue as a specially managed proceeding and may make an order under rule 385.

• Marginal note:Exception

  (3) Subsections (1) and (2) do not apply to an action or an application continued as a specially managed proceeding or in respect of which a motion to continue the proceeding as a specially managed proceeding is pending.