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Newfoundland and Labrador
Regulation 2017


NEWFOUNDLAND AND LABRADOR REGULATION 2/17

NEWFOUNDLAND AND LABRADOR
REGULATION 2/17

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

(Filed January 18, 2017)

Under the authority of section 55 of the Judicature Act, the Rules Committee of the Trial Division makes the following Rules.

Dated at St. John’s, January 3, 2017.

Raymond P. Whalen
Chairperson, Rules Committee

REGULATIONS

Analysis


        1.   Rule 7.19 Amdt.
Waiver or reduction of fees

        2.   Rule 58.13 Amdt.
Resolving pre/post hearing issues

        3.   Form 58.13A R&S

        4.   Commencement


 

        1. Rule 7.19 of the Rules of the Supreme Court, 1986 is amended by adding the following immediately after rule 7.19(9):

          (10)  Where a person files an application under rule (1), the person may file a document without paying the associated filing fee where the filing is necessary to meet a time limit set out in legislation or these rules.

          (11)  Where a person files a document under rule (10), the filing will be voided by the Court, unless

             (a)  the fee for filing the document is waived by order of the Court; or

             (b)  the person filing the document pays the fee payable within 10 days of the dismissal of the application made pursuant to this rule or the filing of an order of the Court reducing the fee normally payable.

          (12)  Despite rule (10), time limits in these rules which begin to run from the date the document is filed do not start until either the date on which

             (a)  the order waiving the applicable fee is filed; or

             (b)  any required filing fee is paid.

 

        2. Rule 58.13 is amended by repealing rule 58.13(2) and substituting the following:

             (2)  A request for a case management meeting may be made by filing a request in Form 58.13A.

         (2.1)  Where a person files a request for a case management meeting, the Registrar will assign a date and time for the meeting and indicate the time, date and location of the meeting on the request form.

         (2.2)  The person requesting the case management meeting must serve a copy of the request form, with the notice of the date and time set for the meeting included, on each party in accordance with rule 6.11.

 

        3. The rules are amended by repealing Form 58.13A and substituting the form below.

Commencement

        4. This rule comes into force January 23, 2017.


Form 58.13A

(Rule 58.13)

 

File No. __________________________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

TRIAL DIVISION (GENERAL DIVISION)

 

 (modify the title of proceedings as necessary)

 

 

BETWEEN:                                                                  _______________________             APPELLANT

 

AND:                                                                               _______________________             RESPONDENT

 

 

REQUEST FOR CASE MANAGEMENT MEETING

 

Filed by ________________________________

 

The _____________________ (appellant/respondent/decision-making authority/other), requests a case management meeting to discuss the following issue(s):

 

(Please summarize why the case management meeting is requested. If you are requesting a date for the hearing of the appeal, please provide suggested, available dates.)

 

 

Dated at (city or town, and province), this ____ day of__________________, 20____.

 

 

Signed

___________________________
(Signature of filing party or
solicitor
)

 

NOTICE OF CASE MANAGEMENT MEETING

 

(To be completed by the Registry)

 

A case management meeting has been scheduled in the above noted matter which will be held at _____________________________________________________________________________ (time, date and location of meeting).

You, or, if you represented, your lawyer, are required to attend this meeting unless excused by a judge. Where permitted, you may appear by telephone or video in accordance with Rule 47A.

 

Dated at (city or town, and province), this ____ day of__________________, 20____.

 

 

Signed

 

___________________________

Registry Clerk

 

 

To:      Supreme Court of Newfoundland and Labrador

Trial Division (General Division)

                      Registry

 

(appellant or appellant’s solicitor, as applicable)

 

(respondent or respondent’s solicitor, as applicable)