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St. John's, Newfoundland and Labrador, Canada

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Newfoundland and Labrador
Regulation 2009


NEWFOUNDLAND AND LABRADOR REGULATION 84/09

NEWFOUNDLAND AND LABRADOR
REGULATION 84/09

Small Claims Rules (Amendment)
under the
Small Claims Act

(Filed September 22, 2009)

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

Dated at St. Johnís, September 22, 2009.

Mark Pike
Chief Provincial Court
Judge (A)

David Orr
Provincial Court
Judge

Irene Muzychka
Law Society Representative

Kendra Wright
Attorney General Designate

RULES

Analysis


††††††† 1. Rule 2 Amdt.
Definitions

††††††† 2.†† Rule 4 Amdt.
Serving a statement of claim

††††††† 3. Rule 5 Amdt.
Replying to a claim

††††††† 4. Rule 7 Amdt.
Third parties

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

††††††† 6. Rule 10 Amdt.
Settlement conference

††††††† 7. Rule 14.1 Added
Satisfaction piece

††††††† 8. Rule 16 Amdt.
Payment hearing

††††††† 9. Rule 20 Amdt.
General

††††† 10. Rule 20.1 Added
Electronic filing


NLR 52/97
as amended

††††††† 1. (1) The Small Claims Rules are amended by adding immediately after rule 2(f) the following:

†††††††††† (f.1)"electronic document" means a document that has been transmitted for filing electronically;

†††††††††††† (2)Rule 2(j) of the rules is amended by striking out the word "and" at the end of the rule.

†††††††††††† (3)Rule 2(k) of the rules is amended by striking out the period at the end of the rule and substituting a semi-colon and by adding immediately after that paragraph the following:

††††††††††††† (l)"registered user" means a person whose remote access client application has been accepted by the court; and

††††††††††† (m)"remote access client application" means the application referred to in rule 20.1(3).

 

††††††† 2. Rule 4(1) is repealed and the following substituted:

†††††††††††† (1)The plaintiff shall serve, in the manner set out in rule 21, each defendant named in the statement of claim with the defendant's copy of the statement of claim.

 

††††††† 3. Rule 5(6) of the rules is amended by striking out the word "defendant" when it last occurs and substituting the word "court".

 

††††††† 4. Rule 7(3)(b) of the rules is repealed.

 

††††††† 5. Rule 8(12) of the rules is repealed.

 

††††††† 6. (1) Rule 10(1) of the rules is amended by striking out the word "shall" and substituting the word "may".

†††††††††††† (2)Rule 10(11) of the rules is amended by striking out the words "in writing".

 

 

††††††† 7. The rules are amended by adding immediately after rule 14 the following:

RULE 14.1

SATISFACTION PIECE

Filing of satisfaction piece

†††††††††† A satisfaction piece, in a form acceptable to the court, indicating that a judgment has been satisfied may be filed

†††††††††††† (a)by the creditor; or

†††††††††††† (b)by the debtor upon proof of settlement of the debt.

 

††††††† 8. Rule 16(6) of the rules is amended by adding immediately before the period at the end of the sentence the words "and proof of service shall be filed with the court by the person requesting the hearing at least 2 days before the date of the payment hearing".

 

††††††† 9. Rule 20(14) of the rules is amended by striking out the words "or other electronic means".

 

††††† 10. The rules are amended by adding immediately after rule 20 the following:

RULE 20.1

ELECTRONIC FILING

Rule prevails in the event of conflict

†††††††††††† (1)In the event of a conflict between this rule and another rule this rule applies.

Filing document in court

†††††††††††† (2)An electronic document shall be filed with the appropriate court as set out in rule 3(2).

Remote access client application

†††††††††††† (3)A person shall complete a remote access client application to become a registered user for remote access to the court and that application must be approved by the court prior to a person filing an electronic document with the court.

Remote access agreement

†††††††††††† (4)A remote access client application, when accepted by the court, shall constitute an agreement between the registered user and the court for remote access to the court.

Payment of applicable fees

†††††††††††† (5)A registered user may electronically transmit a document to the appropriate court for filing when the document is accompanied by payment of the applicable filing fees or when prior arrangements are made with the court for payment of the applicable fees.

Original document

†††††††††††† (6)A document that has been transmitted for filing electronically under this rule may be treated by the court for all purposes as an original document.

Certain forms may be filed electronically

†††††††††††† (7)Only the following documents may be completed and filed electronically under this rule:

†††††††††††† (a)Form 1 - Statement of Claim;

†††††††††††† (b)Form 2 - Reply;

†††††††††††† (c)Form 4 - Certificate of Service;

†††††††††††† (d)Form 5 - Application for Default Judgment;

†††††††††††† (e)Form 10 - Judgment;

††††††††††††† (f)Form 14 - Application to a Judge;

†††††††††††† (g)Form 16 - Notice of Withdrawal;

†††††††††††† (h)Affidavit under rule 20.1(9);

††††††††††††† (i)Electronic Filing Statement under rule 20.1(9);

††††††††††††† (j)Judgment Registration Form (Sheriffs Office Form); and

†††††††††††† (k)Satisfaction Piece, in a form acceptable to the court, under rule 14.1.

Attachments shall be converted to PDF

†††††††††††† (8)When completing forms to be filed electronically, required attachments to the forms shall be uploaded as attachments and converted to Portable Document Format (PDF).

Affidavits

†††††††††††† (9)An affidavit may be submitted for filing electronically where

†††††††††††† (a)it clearly identifies the person signing, and

†††††††††††† (b)it is accompanied by an Electronic Filing Statement in a form acceptable to the court completed by the counsel acting for the person on whose behalf that document is being filed or, where that person is unrepresented, by that person.

Retaining documents

†††††††††† (10)A person who submits an affidavit for filing under rule 20.1(9) shall

†††††††††††† (a)keep the original paper version of the document until the earliest of

††††††††††††††††††††† (i)the date on which the proceeding, including appeals, is finally disposed of,

†††††††††††††††††††† (ii)the date on which the appeal period for that proceeding has expired and no appeals of the proceeding have been brought within that period, and

††††††††††††††††††† (iii)the date on which the court clerk requests that the original paper version be filed, and

†††††††††††† (b)where a request is made under paragraph (a)(iii), file the original paper version immediately after that request is made.

Filing of documents

†††††††††† (11)Where an electronic document is accepted for filing by the clerk, the document is considered to have been filed,

†††††††††††† (a)where the document is received by the court at or before 4 p.m. on a day on which the court is open for business, on the day of its receipt, or

†††††††††††† (b)where the document is not received by the court before 4 p.m., on the next day on which the court is open for business.

Electronic authentication considered a signature

†††††††††† (12)Notwithstanding rule 20.1(9), a document is considered to have been originally signed where it has been authenticated in the manner contemplated by the remote access client application.

Conversion of documents

†††††††††† (13)Where a document in paper form is filed with the court, the clerk may convert the document into electronic form by

†††††††††††† (a)storing the conversion in a computer or in another electronic system that the clerk considers appropriate, and

†††††††††††† (b)retaining the paper form of the document.

Changing an electronic document

†††††††††† (14)Where the original documents were filed electronically in accordance with this rule, there is no requirement to initial changes made under rule 11.

Public access to documents filed electronically

†††††††††† (15)Where a document has been filed in accordance with this rule, a person entitled to view and obtain a copy of the document may, on payment of the proper fee,

†††††††††††† (a)obtain from the court a paper copy of the document,

†††††††††††† (b)where the court has provided a public access computer terminal, view the document on that terminal, or

†††††††††††† (c)where the person is a registered user, access the document in accordance with the terms of the remote access client application.

Electronic Service of documents

†††††††††† (16)A document that is required to be served on a person may, where it is an electronic document, be served electronically on that person

†††††††††††† (a)where the person has provided an email address for service, by emailing it to that person's email address for service; and

†††††††††††† (b)where the solicitor for that person has provided an email address for service, by emailing it to that solicitor's email address for service.

When service of email is effective

†††††††††† (17)A document transmitted by email in accordance with rule 20.1(16) is considered to have been served

†††††††††††† (a)where the document is transmitted before 4 p.m., on the day of the transmission, or

†††††††††††† (b)where the document is transmitted after 4 p.m. or on a Saturday, Sunday or holiday, on the next day that is not a Saturday, Sunday or a holiday,.

Court may give notification by email

†††††††††† (18)The court may use email to provide notification on a matter to registered users.

Where document does not reach a person

†††††††††† (19)Notwithstanding a document has been delivered in accordance with rule 20.1(16), a person may on an application

†††††††††††† (a)to set aside a default judgment;

†††††††††††† (b)for extension of time; or

†††††††††††† (c)in support of a request for an adjournment,

provide evidence that the document

†††††††††††† (d)did not come to the personís notice;

†††††††††††† (e)did come to the personís notice later than when it was delivered or effectively delivered; or

††††††††††††† (f)was incomplete or illegible.