Is Rule 39 of the Rules of Civil Procedure limited to one notice of trial?
British Columbia, Canada
The following excerpt is from Thind v. Bartha, 1998 CanLII 903 (BC SC):
Rule 39 anticipates the issue of only one notice of trial in an action. Any second notice of trial is not a procedure countenanced by the Rules, and on application can be struck out. At trial date once set pursuant to a notice of trial and adjourned is re-set by praecipe. No further right to file a notice the trial be by judge with jury is created thereby. (Donovan v. Vat (1995) B.C.L.R. (3d) 322, pp. 324 - 325.)
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