This is an official version. Copyright © 2006: Queen's Printer, Important Information
Newfoundland Regulation 2000 Rules of the Supreme Court, 1986 (Amendment) (Filed Under the
authority of section 55 of the Judicature
Act, the Rules Committee of the Trial Division makes the following rules. Dated at Barry R.
Sparkes, B.C.L. RULES Analysis 1. Rule
6.12(1) Amdt. 2.
Rule 6A Added 6A.01
Service by 3.
Rule 47A Added 47A.01
Remote 4. Rule
56.33 Amdt. 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 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 solicitor's 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 (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
solicitor's 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 solicitor's 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 person's solicitor or solicitor's 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 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 In the Estate of _________________, a Mentally Disabled Person. Letters
of Guardianship, 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 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. ©Earl G. Tucker, Queen's Printer |