NEWFOUNDLAND REGULATION 9/00

1. Rule 4 of the Rules of the Supreme Court, 1986 is amended by adding immediately after rule 4.03 the following:

Practice Notes

Practice Notes

4.04. (1) The Chief Justice of the Trial Division may issue Practice Notes, not inconsistent with these Rules, on any matter clarifying the practice to be followed in compliance with the rules of procedure.

(2) A Practice Note, and any revision of it, shall be in Form 4.04A, authorized by the Chief Justice of the Trial Division, signed by the Registrar and published once in the Gazette.

(3) A Practice Note shall not constitute a regulation for the purposes of the Statutes and Subordinate Legislation Act, and non-compliance with a Practice Note shall not nullify any step taken in a proceeding.

FORM 4.04A

(rule 4.04(2))

Rules of the Supreme Court of Newfoundland, 1986

PRACTICE NOTE

PN. No. [Year + consecutive number]

DATE ISSUED: RULES AFFECTED:

EFFECTIVE DATE:

PREVIOUS PRACTICE NOTES REVISED:

The following Practice Note was filed with the Registrar, as Secretary of the Rules Committee of the Trial Division, and is published pursuant to rule 4.04 of the Rules of the Supreme Court, 1986:

1. .............

2. .............

3. .............

AUTHORIZED BY: ________________________

Chief Justice, Trial Division

______________________
Registrar

2. Rule 12.03(1) of the Rules is repealed and the following substituted:

12.03. (1) Unless the court otherwise orders, an application for leave to issue a third party notice shall be made with notice to all existing parties.

3. (1) Rule 39.02(3) of the Rules is repealed and the following substituted:

(3) At least two days prior to the scheduled date for a pre-trial conference, each party shall deliver to the pre-trial conference judge a brief containing a summary of the facts, issues and law and shall deliver on the same date a copy to each other party.

(2) Rule 39.02(4) of the Rules is amended by adding at the end of the Rule the following:

Such an exchange of opinions and reports shall be deemed to have been made on a without prejudice basis and without waiver of any claim to privilege with respect to non-production of them pursuant to the rules or at trial.

(3) Rule 39.05(2) of the Rules is repealed and the following substituted:

(2) Where the parties are ordered to attend a settlement conference, they shall attend before a judge who shall, in camera and without hearing witnesses, explore all possibilities of settlement of the issues that are outstanding, and a judge may at or before the settlement conference order that relevant documents, materials, briefs and legal authorities be made available to the settlement conference judge to assist in that judge's preparation for the conduct of the conference.

(4) Rule 39.05 of the Rules is amended by adding immediately after rule 39.05(3) the following:

(4) Unless the parties consent or the court otherwise orders, materials delivered to a judge pursuant to rule 39.05(1) or 39.05(2) shall not be placed in the court file of the proceeding to which they relate and shall not be disclosed to any trial judge who may thereafter try the case.

(5) The judge conducting a mini-trial or settlement conference shall note in the court file, the date or dates upon which the mini-trial or settlement conference was held.

(6) Upon completion of the mini-trial or settlement conference, the judge shall return to the parties or their counsel the materials previously delivered by them, and shall note the court file accordingly.

(7) The judge conducting a mini-trial or a settlement conference shall not disclose to the trial judge or to any other person what positions were taken or what admissions concessions or opinions were made or given during the mini-trial or conference, and shall not include reference to such matters in any written report subsequently filed as to the holding of such mini-trial or conference.

(8) Except by order of the court no reference to the positions taken or admissions or concessions made by the parties, or to the opinion of the judge, at a mini-trial, settlement conference or other settlement-related proceeding shall be contained in any brief or other document filed in a proceeding and shall not be referred to or commented on at the trial of that proceeding. Any opinion of a judge given in writing following a mini-trial shall be given to the parties but shall not form part of the record of the proceeding or be placed in the court file.

4. (1) Rule 40.05(1)(a) of the Rules is repealed and the following substituted:

(a) filing in the Registry a copy of a trial record containing

(i) a copy of the pleadings, any particulars of them and any admissions in response to a notice to admit facts; and

(ii) any order containing directions for the trial; and

(2) Rule 40.11(1) of the Rules is repealed and the following substituted:

40.11. (1) Where a proceeding has been entered for trial, each of the parties shall, on or before the fourth day preceding the trial, file in the Registry an original and a copy of the pre-trial brief prepared pursuant to rule 39.02(3) or such amended brief containing a summary of the facts, issues and law that may have been ordered at the pre-trial conference or that the party filing same may deem necessary.

5. (1) Rule 47.01(2)(b) of the Rules is amended by inserting after the word "and" where it first occurs the words "in a province or territory of Canada or".

(2) Form 47.01B of the Rules is amended by inserting immediately after the words "name of" within the brackets at the end of the second paragraph the words "province, territory or".

6. Rule 53A.05 of the Rules is amended by striking out the comma immediately before the phrase and the phrase and comma "notwithstanding Rule 51.12,".

7. Form 56.04A of the Rules is amended by deleting the words "FIVE DAYS after this date, application will be made to the Supreme Court of Newfoundland, Trial Division, or to one of the Judges of the Supreme Court," and substituting the words "FIVE DAYS after the date hereof, application will be made to the Supreme Court of Newfoundland, Trial Division, or one of the Judges thereof,".