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Newfoundland Regulation 1999


NEWFOUNDLAND REGULATION 41/99

NEWFOUNDLAND REGULATION 41/99

Small Claims Rules (Amendment)
under the
Small Claims Act

(Filed April 27, 1999)

Under the authority of section 7 of the Small Claims Act, the Rules Committee makes the following rules.

Dated at St. John’s, April 27, 1999.

Donald S. Luther
Chief Provincial Court Judge

M.R. Reid
Provincial Court
Judge

Stephanie Newell
Law Society Representative

Mary J. (McCarthy) Mandville
Attorney General Designate


RULES

Analysis


        1.   Rule 5 Amdt.
Replying to a claim

        2.   Rule 8 Amdt.
Where a defendant
does not reply to a claim

        3.   Rule 11 Amdt.
Changing or withdrawing a
statement of claim or reply or other document

        4.   Rule 12 Amdt.
Witnesses

        5.   Rule 19 Amdt.
Applications to the court

        6.   Rule 20 Amdt.
General

        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 (1) Rule 20(3) of the rules is repealed and the following substituted: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 May 1, 1999.