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Newfoundland Regulation 2000


NEWFOUNDLAND REGULATION 72/00

NEWFOUNDLAND REGULATION 72/00

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

(Filed September 12, 2000)

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

Dated at St. Johnís, May 29, 2000.

Barry R. Sparkes, B.C.L.
Registrar of the Supreme Court
Secretary, Rules Committee

RULES

Analysis


††††††† 1. Rule 6.12(1) Amdt.
Other documents:effecting service

††††††† 2. Rule 6A Added
††††††††††† RULE 6A
††††††††††† SERVICE BY †††††††††††††††††† TELECOPIER

††††††††††††† 6A.01 Service by
††††††††††† telecopier
6A.02 Cover page
6A.03 Transmission of
††††††††††† certain documents
6A.04 When service is
††††††††††† effective

††††††† 3. Rule 47A Added
††††††††††† RULE 47A
††††††††††† ELECTRONIC †††††††††††††††† CONFERENCING

††††††††††††† 47A.01 ††††††††††††††††† Remote
††††††††††† conferencing
47A.02 ††††††††††††††††† Arrangements for
††††††††††† conferencing
47A.03 ††††††††††††††††† Costs of
††††††††††† conferencing

††††††† 4. Rule 56.33 Amdt.
Administration Forms


 

††††††† 1. Rule 6.12(1) of the Rules of the Supreme Court, 1986 is amended by striking out the word "or" at the end of clause (b), by renumbering clause (c) as clause (d) and by inserting immediately after clause (b) the following:

†††††††††††† (c)in accordance with Rule 6A; or

 

††††††† 2. The rules are amended by inserting immediately after Rule 6 the following:

RULE 6A
SERVICE BY TELECOPIER

Service by telecopier

 

6A.01. (1) Where a document is not required to be served personally, the document may, in accordance with this Rule, be served by means of a telecopier

†††††††††††† (a)on the solicitor of the person being served or that solicitorís agent, or

†††††††††††† (b)in the case of service on a person other than under clause (a), at a telecopier that is situated in a residence or a place of business located in Newfoundland.

†††††††††††† (2)In order for a document to be served by means of a telecopier, the document must be sent by telecopier and

†††††††††††† (a)in the case of service on the solicitor of the person being served or on that solicitorís agent, be received and printed or otherwise produced in a readable manner by a receiving telecopier that is situated at the office of the solicitor or the solicitorís agent, and

†††††††††††† (b)in the case of service on a person other than under clause (a), be received and printed or otherwise produced in a readable manner by a receiving telecopier that is situated in a residence or a place of business located in Newfoundland.

†††††††††††† (3)A telecopier may only be used for the purposes of this rule if the telephone number for the telecopier at which the service is to take place has a seven-digit number that appears with the word "fax" or with any reference to a telecopier

†††††††††††† (a)in, or attached to, or

†††††††††††† (b)on a letter enclosing,

any pleading or notice under these rules, by, from or on behalf of the person to be served or that personís solicitor or solicitorís agent.

Cover page

 

6A.02. A document that is served by telecopier transmission shall include a cover page indicating

†††††††††††† (a)the name, address and telephone number of the sender,

†††††††††††† (b)the name of the solicitor or person to be served,

†††††††††††† (c)the date and time of the transmission,

†††††††††††† (d)the total number of pages transmitted, including the cover page and the backsheet,

†††††††††††† (e)the telecopier number from which the document is transmitted, and

††††††††††††† (f)the name and telephone number of a person to contact in the event of a transmission problem.

Transmission of certain documents

 

6A.03. (1) A document of sixteen pages or more, inclusive of the cover page and the backsheet, may be served by telecopier only between the hour of five in the afternoon and the hour of eight in the forenoon of the following day, unless the solicitor or person to be served gives prior consent.

†††††††††††† (2)A trial record, appeal book or book of authorities may not be served by telecopier at any time unless the solicitor or person to be served gives prior consent.

When service is effective

 

6A.04. Transmission of a document by telecopier for service in accordance with this rule is effective

†††††††††††† (a)if the document is transmitted before the hour of four in the afternoon, then on the day of the transmission, or

†††††††††††† (b)if the document is transmitted after the hour of four in the afternoon, or at any time on a Saturday, Sunday or holiday, then on the day next following that is not a Saturday, Sunday or holiday.

 

††††††† 3. The rules are amended by inserting immediately after Rule 47 the following:

RULE 47A
ELECTRONIC CONFERENCING

Remote conferencing

 

47A.01.Where appropriate facilities are available at the court or are provided by a party, the court may order that a hearing, conference, trial, mini-trial, appeal or reference be conducted in whole or in part by means of a telephone conference call, video conference or any other form of electronic communication acceptable to the court.

Arrangements for conferencing

 

47A.02.Where the court orders a telephone conference call, video conference or any other form of electronic communication, the court may direct a party to make the necessary arrangements on such terms as are just and to give notice of those arrangements to all other parties and to the court.

Costs of conferencing

 

47A.03.††† Where, on the application of a party, the court orders a telephone conference call, video conference or any other form of electronic communication, with facilities to be provided by a party, the actual costs, unless otherwise ordered by the court, shall be paid by the party making the application.

 

††††††† 4. (1) Rule 56.33 is amended by striking out the reference to Form "56.33H" and substituting a reference to Form "56.33I".

†††††††††††† (2)Rule 56.33 is further amended by appending to this rule as Form 56.33I the following:


Form 56.33I

(rule 56.33)

In the Supreme Court Of Newfoundland
Trial Division

In the Estate of _________________, a Mentally Disabled Person.

Letters of Guardianship,
Mentally Disabled Person

BE IT KNOWN that on the __________ day of ___________ 20_____, Letters of Guardianship of the Estate and Effects of ___________, a mentally disabled person, of __________, in the Province of Newfoundland, __________ (occupation), were granted by the Supreme Court of Newfoundland to __________, of __________, in the Province of Newfoundland, __________ (occupation), having been first sworn (or affirmed) well and faithfully to manage to the best advantage the property of the said mentally disabled person committed to his or her care, and to pay and dispose of such Estate in such manner as the Court shall direct, and well and truly to perform and discharge all the duties which belong to him or her as guardian of the Estate of the said mentally disabled person according to the laws of this Province, and to render a just and true account thereof to the Supreme Court when thereunto lawfully required, or to the said mentally disabled person when he or she shall become competent.

Registrar


=====================================

In the Supreme Court
of Newfoundland
Trial Division
-------------

In re

 

 

a mentally disabled person

--------------------------------------

Letters Of Guardianship

--------------------------------------

Entered

Estate Number

=====================================

By the oath or affirmation which you have taken you are bound to render a true account of your administration whenever required by law to do so.At such time, you are required to file in the Registry of the Supreme Court a statement of account duly verified under your oath or affirmation showing how the estate has been dealt with.