NEWFOUNDLAND AND LABRADOR
REGULATION 34/04

Small Claims Rules (Amendment)
under the
Small Claims Act

(Filed May 6, 2004)

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

Dated at St. John's, April 21, 2004.

M. Reginald Reid
Chief Provincial Court Judge

David Orr
Provincial Court Judge

Irene Muzychka
Law Society Representative

Mary J. (McCarthy) Mandville
Attorney General Designate

RULES

Analysis

        1.   Sch. Amdt.

NLR 52/97
as amended

        1. The second section of the Schedule to the Small Claims Rules is repealed and the following substituted:

             The fees and costs which are payable to the clerk of the court and which may be payable as between parties are:

             (a)  for issuing a statement of claim, $100;

             (b)  for an application to reopen a default judgment, $50;

             (c)  to issue a certificate of judgment or an order, $10;

             (d)  to issue a summons to a payment hearing,

                      (i)  once every 6 months, $10, or

                     (ii)  more often than every 6 months, $25;

             (e)  for each manual search, $20 to a maximum of 15 minutes and $10 for each additional 15 minutes of portion of that time period;

              (f)  for each computer search, $35 to a maximum of 15 minutes and $20 for each additional 15 minutes or portion of that time period, plus $2 per page for each additional page printed;

             (g)  for each file requested for viewing, $6 per file;

             (h)  for service of each civil document by a private process server or by registered mail the actual costs to a maximum of $40;

              (i)  for conducting a search of any registry maintained by the government the actual cost to the maximum of $40;

              (j)  the fees payable to a witness

                      (i)  for attendance, $4 a day,

                     (ii)  for a witness declared by the court to be an expert witness, a maximum of $100 a day, and

                    (iii)  subject to subparagraph (i), an allowance for travel by motor vehicle per kilometre for each kilometre necessarily travelled from the residence to the court and return, $0.25;

             (k)  if, in a judge's discretion, public transportation can be used on a timely basis, a witness may not be allowed the amount prescribed in subparagraph (j)(iii) but may be entitled to the fare for travelling to and from the place of the trial by public transportation;

              (l)  on any proceeding, payment of fees and costs in addition to those specified in paragraphs (a) to (k) may be awarded, in the judge's discretion, in an amount not exceeding $300; and

            (m)  with respect to a default judgment entered by the court under rule 8, the fees and costs shall be the actual fees and costs in an amount not exceeding the following:

                      (i)  fee for issuing a statement of claim, $100;

                     (ii)  fee for service for a civil claim by a private process server or by registered mail the actual cost to a maximum of $40,

                    (iii)  fee to conduct a search of any registry maintained by the province shall be the actual cost to a maximum of $40,

                    (iv)  to issue a summons to a payment hearing,

                            (A)  once every 6 months, $10, or

                            (B)  more often than every 6 months, $25,

                     (v)  to issue a certificate of judgment or an order, $10.

©Earl G. Tucker, Queen's Printer