St. Laurent v. Leduc

By petition filed in this Division, the plaintiff is attempting to establish a draft report that was “denied” by the trial judge. The action taken by a trial judge on a draft report is either a “dismissal” when there has been a failure to comply with the statutes or any of the rules applicable to draft reports, Rule 64(c) (6), or “disallowed” as not conforming to the facts or for any other reason, Rule 64 (e). In this case, the plaintiffs petition must be denied because the plaintiffs petition to establish a draft report was filed beyond the time limit established under Rule 64 (c) (5). “If…