This is an official version.

Copyright © 2014: Queen's Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Newfoundland and Labrador
Regulation 2014


NEWFOUNDLAND AND LABRADOR REGULATION 26/14

NEWFOUNDLAND AND LABRADOR
REGULATION 26/14

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

(Filed March 18, 2014)

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, March 11, 2014.

David B. Orsborn
Chairperson, Rules Committee

RULES

Analysis


††††††† 1.†† Rule 56A.16 Amdt.
How to claim interim relief or get the Court's direction

††††††† 2.†† Rule 56A.27 Amdt.
What forms to use

††††††† 3.†† Rule 56A.35 Amdt.
How to require the filing of forms

††††††† 4.†† Rule 56A.72 R&S
Settlement conferences

††††††† 5.†† Forms Amdt.


 

††††††† 1. (1) Rule 56A.16(1) of the Rules of the Supreme Court, 1986 is repealed and the following substituted:

How to claim interim relief or get the Court's direction

56A.16.(1) Subject to paragraphs (1.1) to (1.4), either party to a family law proceeding may make an application claiming interim relief or to get the Courtís direction on procedural matters by filing Form 56A.16A with an affidavit supporting the application.

(2) Rule 56A.16 of the rules is amended by adding immediately after rule 56A.16(1) the following:

†††††††† (1.1)With regard to any claim for relief to which Rule 56C applies (custody and access or child support), no application under this rule shall be made before a case management meeting is held unless a party, without having to give notice to the other party under rule 56A.17, obtains leave of the Court to proceed with that application.

†††††††† (1.2)Where paragraph (1.1) applies, leave of the Court to proceed with an interim application may be granted where

†††††††††††† (a)there is an immediate danger of a childís removal from the jurisdiction;

†††††††††††† (b)there is an immediate danger to the health and safety of a child or another person;

†††††††††††† (c)access that has previously been the subject of an order or a practice of the parties is being unilaterally withheld;

†††††††††††† (d)there is an urgent need for child support based on the applicantís significant lack of ability to maintain his or her child; or

†††††††††††† (e)not allowing the application to be heard would have immediate and serious consequences.

†††††††† (1.3)With regard to any claim for relief to which Rule 56C does not apply (any claim other than one for custody and access or child support), no application under this rule shall be made before a case management meeting is held unless a party, without having to give notice to the other party under rule 56A.17, obtains leave of the Court to proceed with that application.

†††††††† (1.4)Where paragraph (1.3) applies, leave of the Court to proceed with an interim application may be granted where

†††††††††††† (a)there is an immediate need and legal basis for spousal support;

†††††††††††† (b)there is a need and legal basis for the applicant to apply to the court for exclusive possession of the matrimonial home;

†††††††††††† (c)the applicant is arguing for an order requiring the respondent to desist in damaging, destroying or disposing of property;

†††††††††††† (d)there is a need for the applicant to apply to the court to have the respondentís access to a bank account or another asset restricted or denied;

†††††††††††† (e)there is an immediate need for access to property or to obtain disclosure; or

†††††††††††† (f)not allowing the application to be heard would have immediate and serious consequences.

†††††††††††† (3)Rule 56A.16(2) of the rules is repealed and the following substituted:

†††††††††††† (2)An applicant shall serve the application on the other parties to the family law proceeding at least 10 days before the date set for hearing the application, unless the parties consent to an earlier date.

†††††††††††† (4)Rule 56A.16(4) of the rules is repealed and the following substituted:

†††††††††††† (4)A party who wants to oppose a claim made in an application under this rule may do so by filing one affidavit that sets out why the applicant should not be successful. A copy of the affidavit filed shall be served on every other party to the application at least 4 days before the hearing of the application.

†††††††††††† (5)Rule 56A.16(5) of the rules is repealed and the following substituted:

†††††††††††† (5)An applicant may file and serve at least 2 days before the hearing one additional affidavit responding to new matters in the respondentís affidavit.

†††††††††††† (6)Rule 56A.16 of the rules is amended by adding immediately after rule 56A.16(5) the following:

†††††††† (5.1)No affidavits, other than those filed pursuant to paragraphs (1), (4) or (5), may be relied on without permission of the Court.

†††††††††††† (7)Rules 56A.16(8) of the rules is repealed.

 

††††††† 2. Rule 56A.27(a) of the rules is repealed and the following substituted:

†††††††††††† (a)a financial statement shall be in Form 56A.27A and, where applicable, shall be accompanied by Form 56A.27B; and

 

††††††† 3. (1) Rule 56A.35(4) of the rules is repealed and the following substituted:

†††††††††††† (4)Rule 30 (Examination for Discovery) does not apply to family law proceedings, unless

†††††††††††† (a)child, spousal, partner, parental or dependant support is in issue and the examination sought relates to the determination of income of a party who is self-employed, a beneficiary under a trust or a shareholder, director or officer of a corporation;

†††††††††††† (b)the examination sought relates to a property claim to business assets; or

†††††††††††† (c)the court otherwise orders.

†††††††††††† (2)Rule 56A.35 of the rules is amended by adding immediately after rule 56A.35(4) the following:

†††††††† (4.1)A party seeking an order under paragraph (4)(c) shall satisfy the Court that

†††††††††††† (a)the party seeking the order has been unable to obtain the information it is seeking by more informal methods;

†††††††††††† (b)it would be unfair to require the party seeking the order to proceed to trial without the opportunity to examine the person;

†††††††††††† (c)the examination will not unduly delay the progress of the family law proceeding;

†††††††††††† (d)the examination will not entail unreasonable expense for the other parties;

†††††††††††† (e)the examination will not result in unfairness to the person sought to be examined;

†††††††††††† (f)the examination is not made in bad faith or calculated to annoy, embarrass or oppress the person sought to be examined or another party; and

†††††††††††† (g)the examination is not otherwise prohibited by law.

†††††††† (4.2)Rule 32 (Discovery and Inspection of Documents), except rule 32.07(2) as modified by rule 56A.40, does not apply to family law proceedings unless the court otherwise orders.

 

††††††† 4. Rule 56A.72 of the rules is repealed and the following substituted:

Settlement conferences

56A.72.(1) Each party shall, at least 7 days before the date of a settlement conference, file a brief, which may be in Form 56A.72A, containing a summary of the facts, issues and law and shall deliver on the same date a copy to each other party.

†††††††††††† (2)Unless the parties consent or the Court otherwise orders, materials delivered to a judge under paragraph (1) shall not be placed in the Court file and shall not be disclosed to the trial judge.

†††††††††††† (3)Upon completion of a settlement conference, the judge shall return to the parties or their counsel the materials delivered for the purpose of the conference.

†††††††††††† (4)A judge conducting a settlement conference may at the conclusion of the conference set a date for a case management meeting to set a hearing date or set a date for the hearing where all issues have not been resolved by the parties.

Forms Amdt.

††††††† 5. The rules are amended by

†††††††††††† (a)repealing Form 56A.27A of the rules and substituting the form outlined below;

†††††††††††† (b)adding Form 56A.27B outlined below; and

†††††††††††† (c)adding Form 56A.72A outlined below.

Forms 56A.27A, 56A.27B and 56A.72A