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Newfoundland and Labrador
Regulation 2012


NEWFOUNDLAND AND LABRADOR REGULATION 10/12

NEWFOUNDLAND AND LABRADOR
REGULATION 10/12

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

(Filed February 2, 2012)

Under the authority of section 55 of the Judicature Act, the Rules Committee of the Court of Appeal makes the following Rules.

Dated at St. John’s, January 30, 3012.

Debbie Brennan
Deputy Registrar on behalf of
Registrar of the Supreme Court
Secretary, Rules Committee

RULES

Analysis


        1.   Rule 57.11 Amdt.
Applications respecting initiation of appeal


 

        1. Rule 57.11 of the Rules of the Supreme Court, 1986 is amended by adding immediately after rule 57.11(1) the following:

             (2)  Every notice of appeal, application or response to either, that involves a question of custody of, access to, protection of, responsibility for or support of a child or children shall have noted in the top left corner, between the name of the court and the style of cause, the words "THIS MATTER INVOLVES A CHILD".

             (3)  Within 14 days of every filing or other step taken in a proceeding to which rule 57.11(2) applies, the Deputy Registrar shall, after consultation with counsel or the party involved, advise the Chief Justice of the status of the proceeding and, insofar as it may have been ascertained, the intention of counsel or the party with respect to furthering the proceeding.

             (4)  On instruction from the Chief Justice, the Deputy Registrar may, by notice given in writing, orally or electronically to all known counsel or the party where a party’s counsel is not known, specify a time by which any further step or steps in the proceeding is or are required to be taken, notwithstanding anything to the contrary specified elsewhere in these rules.

             (5)  In the event of failure of counsel or a party to conform to a requirement specified under rule 57.11(4) above, the Deputy Registrar will, on not less than 2 days' notice to counsel or the party where that party’s counsel is not known, set the matter of management of the proceeding down for a hearing before a judge of the Court, who may give directions and make orders as he or she considers appropriate.

             (6)  Notwithstanding rules 57.11(3), (4) and (5), the Chief Justice or a judge may, at any time, make any orders or give any directions he or she considers appropriate to ensure any matter to which rule 57.11(2) applies proceeds to a hearing as expeditiously as the circumstances allow.