Most time limits in the District Courts Act are short, several are fatal, and one, for the recognizance on appeal, cannot be extended at all. Here they are in the order a case meets them.
Starting a case
| Step | Limit | Provision |
|---|---|---|
| Laying an information for a simple offence | Six months from when the matter arose, unless another Act provides otherwise; no limit for Criminal Code Schedule 2 offences | s 36 |
| Indictable offences | No limit in the Act | s 36(2) |
| Civil complaint in contract or tort | Six years from the cause of action; special periods for personal injury and other claims | Frauds and Limitations Act 1988 s 16 |
| Claim against the State | Written notice within six months of the cause of action, extendable | Claims By and Against the State Act s 5 |
| Adultery or enticement claim | Twelve months | Adultery and Enticement Act |
| Village Court appeal | Three months, extendable to twelve | Village Courts Act |
The six-month limit in section 36 is the one that most often ends a police prosecution: the information must be laid, not merely the arrest made, within six months. See the time limit for laying a charge.
Before the hearing
| Step | Limit | Provision |
|---|---|---|
| Affidavit or memorandum of service of a summons | Within seven days after service | ss 47, 67 |
| Service of committal statements on the defendant | At least 14 days before the hearing date; affidavit of service within seven days | s 94 |
| Remand in custody on a committal adjournment | Not more than seven days at a time without consent (eight days in the older text), and a s 75 remand not exceeding seven days may be verbal | ss 75, 76 |
| Notice of a special defence (infancy, coverture, limitation, discharge in insolvency) | Lodged with the Clerk and the complainant at least 24 hours before the hearing | reg 24 to 27 |
| Notice of intention to defend a default summons | Filed and served at least 48 hours before the return date | s 157 |
| Payment into Court under a default summons | At least 24 hours before the return of the summons | reg 30 |
| Notice of set-off | Not less than 48 hours before the hearing | s 154 |
| Traffic infringement notice: time to pay before an information is laid | 14 days from the day after service | s 138A |
After judgment
| Step | Limit | Provision |
|---|---|---|
| Application to set aside an ex parte order | No fixed limit; must be prompt and explain the absence | s 25 |
| Sale of goods seized under a warrant of execution | Not less than five days’ public notice; sale within 14 days of the levy; perishables after 24 hours | s 174 |
| Inspection of the execution account | Within one month after the levy | s 174(10) |
| Interpleader claim to seized goods | Claimant gives notice within 24 hours of seizure; summons served 48 hours before hearing | s 179 |
| Imprisonment on a judgment summons | Not more than two months | s 192 |
| Imprisonment in default of a fine | Up to K50: 14 days; K50 to K200: 28 days; over K200: 60 days | s 201 |
| Garnishee: payment into Court to avoid costs | Five days before the return day | s 265 |
| Recognizance to keep the peace | Not exceeding six months | s 209 |
| Notice to a surety before forfeiture | Seven days before the return of the summons | s 272 |
| Refund of unused service fees | Process unserved within 60 days | reg 47(3) |
Appeals
| Step | Limit | Provision |
|---|---|---|
| Notice of appeal lodged with the Clerk and served | One month from the decision | ss 220, 221 |
| Recognizance or deposit | One month from the decision; cannot be extended | ss 222, 231 |
| Entry of appeal with the Registrar | 40 days from the institution of the appeal, or the appeal is deemed abandoned | ss 226, 227 |
| Notice of the hearing date to the respondent | Not less than seven days before the hearing | s 228 |
| Payment of appeal costs to the Registrar | Time fixed by the Court or seven days | s 234 |
| Extension of time for notice, service or entry | Application to the National Court under s 231, before or after expiry | s 231 |
See the appeal time limit. In Sinochem (PNG) Pty Ltd v Lagari (1998) N1782 a company that missed the month tried judicial review instead; leave was refused because the section 231 extension procedure had not been exhausted.
Actions against magistrates and related limits
| Step | Limit | Provision |
|---|---|---|
| Action against a magistrate | Six months from the act, or two months after the order is quashed, whichever is later; one month’s written notice first | ss 252, 253 |
| Action to recover property delivered under s 276 | Six months from the order | s 276(2) |
| Coroner’s inquest | Not after twelve months from the death unless the Principal Legal Adviser orders | Coroners Act s 7(3) |
| Interim family protection order | 30 days, renewable once; protection order up to two years, six months if unspecified | Family Protection Act ss 14, 19 |
Counting days
The Interpretation Act governs computation: a period expressed as beginning on or after a day excludes that day, and where the last day falls on a Sunday or public holiday the act may be done on the next working day. “One month” is a calendar month. Section 27 of the District Courts Act makes Sunday a court day for the issue of warrants and the hearing of urgent matters, and section 8 allows warrants on Sundays. Where a limit is fatal, do not rely on the last day.
The District Courts Act and Regulation are not on PacLII; both are on vLex (Act, Regulation). Limits under other Acts are summarised; check the Act concerned.
Before relying on anything here, read the current text of the District Courts Act (Chapter 40) and check for later amendments. The Act is not on PacLII; the figures and time limits quoted in this series come from the consolidation to No 8 of 2000, and the District Courts (Amendment) Act 2009 changes some of them once it is brought into operation. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.