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Newfoundland Regulation 1999 Small Claims Rules (Amendment) (Filed April
27, 1999) Under the
authority of section 7 of the Small
Claims Act, the Rules Committee makes the following rules. Dated at Donald S.
Luther
Stephanie
Newell Mary J.
(McCarthy) Mandville RULES Analysis 1. Rule
5 Amdt. 2. Rule
8 Amdt. 3. Rule
11 Amdt. 4. Rule
12 Amdt. 5. Rule
19 Amdt. 6. Rule
20 Amdt. 7. Commencement NR 52/97 1. Rule 5(6) of the Small Claims Rules is amended by adding immediately after the word
“transfer” the phrase “and the court shall give notice of the application to
transfer to the plaintiff, and the plaintiff may, within 14 days of receiving
the notice, make a reply”. 2. Rule 8 of the rules is amended by adding
immediately after rule 8(11) the following: Notice of application to set aside (12) Where
a judge receives an application to set aside a default judgment under rule 20,
the court shall serve upon the plaintiff notice that the application has been
made and, notwithstanding rule 8(8), the plaintiff may, within 14 days, make a
reply. Right to be heard (13) Notwithstanding
rule 19(5), where an application has been made to set aside a default judgment
the judge may, where he or she considers it appropriate, dispense with a
hearing. 3. Rule 11(6) of the rules is amended by adding
immediately after the word “notice” the third time it appears the phrase
“unless that party applies for an order using Form 14 and is granted that
order”. 4. Rule 12(7) of the rules is amended by adding
the word “not” immediately before the word “attend” the first time it appears. 5. Rule 19(8) of the rules is amended by deleting
the reference “rule 19(7)” and substituting the reference “rule 19”. 6. (1) Rule 20(3) of the rules is repealed and the
following substituted: Terms of payment schedule may be changed or cancelled (3) The
terms of a payment schedule may be changed or cancelled where an installment
order has not been issued, by applying to a judge under rule 19(6) and the
judge may make an order that he or she considers fair. (2) Rule
20(19) of the rules is repealed. Commencement 7. These regulations shall come into force on ©Earl G. Tucker, Queen's Printer |