NEWFOUNDLAND AND LABRADOR REGULATION 108/10

NEWFOUNDLAND AND LABRADOR
REGULATION 108/10

Rules of the Supreme Court, 1986 (Amendment)
under the
Judicature Act

(Filed December 7, 2010)

Under the authority of section 55 of the Judicature Act, the Rules Committee of the Trial Division makes the following rules.

Dated at St. John's, December 7, 2010.

Christopher P. Curran, Q.C.
Registrar of the Supreme Court
Secretary, Rules Committee

RULES

Analysis

        1. Rules 56.35 to 56.38 Added
56.35 Electronic filing
56.36 Approval of the
          registrar
56.37 Original of will etc.
56.38 Electronic Commerce
          Act

2. Commencement

1. Rule 56 of the Rules of the Supreme Court, 1986 is amended by adding immediately after rule 56.34 the following:

Electronic filing

56.35. A document, form or other thing required to be filed by this rule may be filed electronically.

Approval of the registrar

56.36. A person who wishes to file electronically a document, form or other thing required to be filed by this rule may do so by filing it in the registry approved for the purpose by the registrar, using a computer system and a computer network, electronic forms and computer format approved for the purpose by the registrar.

Original of will etc.

56.37. (1) Notwithstanding a filing under rule 56.36 involving a will, the original will shall be filed in the registry of the court.

(2) Where a filing under rule 56.36 does not include an electronic copy of the will, the application will not be considered by the court until the original of the will is filed with the court.

(3) Where a filing under rule 56.36 includes an electronic copy of the will, the court will not grant an order until the original of the will is filed with the court.

Electronic Commerce Act

56.38. The Electronic Commerce Act applies to an electronic filing under this rule.

Commencement

2. These rules come into force on December 16, 2010.