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Newfoundland and Labrador
Regulation 2017


NEWFOUNDLAND AND LABRADOR REGULATION 97/17

 

 
NEWFOUNDLAND AND LABRADOR
REGULATION 97/17

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

(Filed November 1, 2017)

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

Dated at St. John’s, October 28, 2017.

Raymond P. Whalen
Chairperson, Rules Committee

REGULATIONS

Analysis


        1.   Rule 29.02 Amdt.

              Form. filing and issue of application

        2.   Rule 29.03 R&S

              Place and date for hearing of application

        3.   Rule 29.04 Amdt.
Ex parte applications

        4.   Rule 29.05 Amdt.
Service of application

        5.   Rule 29.08 Amdt.

              Filing of documents for use of the court

        6.   Rule 29.11 Amdt.

              Proceeding in absence of party failing to attend

        7.   Forms 5.02A and 29.02A R&S


        1. Rules 29.02(1) to (3) of the Rules of the Supreme Court, 1986 are repealed and the following substituted:

Form. filing and issue of application

29.02. (1)An application shall

             (a)  where it originates a proceeding, be in Form 5.02A (originating application - inter partes) or 5.02B (originating application - ex parte), as applicable; or

             (b)  where it is made in an existing proceeding, be in Form 29.02A (interlocutory application – inter partes) or Form 29.02B (interlocutory application – ex parte), as applicable.

             (2)  The application shall

             (a)  set out the nature of any claim being made or of any question sought to be determined;

             (b)  set out the relief or order claimed, but it shall not be necessary to claim for general or other relief or for costs; and

             (c)  have all of the following attached

                      (i)  a true copy of any affidavit to be used in support of the application, and

                     (ii)  a copy of any other material document, including any proposed order.

             (3)  The application shall be filed and issued by the Registrar before it is served or heard.

 

        2. Rule 29.03 of the rules is repealed and the following substituted:

Place and date for hearing of application

29.03 (1) Unless the Court otherwise orders, the place of hearing of an application shall be at the judicial centre where the proceeding was commenced.

             (2)  Where an application is filed and issued under this rule, the Registrar shall

             (a)  set a return date at which a judge may set a date for the hearing of the application; or

             (b)  where the application is for an extension or abridgement of a period of time, schedule a date for the hearing of the application.

 

        3. Rule 29.04(2) of the rules is repealed.

 

        4. Rules 29.05(2) and (3) of the rules are repealed and the following substituted:

             (2)  Where an application is to be served upon an opposing party or person, the application and any supporting affidavit shall be served

             (a)  when the application originates a proceeding, at least ten clear days before the return date;

             (b)  when the application originates a proceeding and is to be served on a party outside the jurisdiction, at least thirty clear days before the return date, unless otherwise ordered by the Court;

             (c)  when the application is made in an existing proceeding, at least two clear days before the return date; and

             (d)  when the application is only for an extension or abridgement of a period of time, on the day preceding the hearing of the application.

             (3)  The Court may, on the return date, do any one or more of the following

             (a)  set a time for the hearing of the application;

             (b)  amend a timeline set out in this rule;

             (c)  order that an application and any attached affidavit be served upon any party or person in such manner and at such time as it may direct, and may adjourn any hearing to permit the service;

             (d)  dispense with the service of an application and any attached affidavit on a party or person;

             (e)  adjourn, continue, discontinue or dismiss an application when any person, who ought to have been served, has not been served; or

             (f)  make any other order required to organize the application.

             (4)  The parties to an application may, before the return date, jointly request that a date be set for the hearing of the application by sending a written request to the Court, setting out

             (a)  an estimate of the time required for the hearing;

             (b)  dates the parties are available;

             (c)  the expected number of witnesses; and

             (d)  proposed filing dates for affidavits, memoranda, and any other supporting document required.

             (5)  The Registrar may, in consultation with a judge

             (a)  set a date for the hearing on the basis of the written request and notify the parties in writing that they need not appear on the return date; or

             (b)  refuse the written request and notify the parties that they must appear on the return date set.

 

        5. Rule 29.08(1) of the rules is repealed and the following substituted:

Filing of documents for use of the court

29.08. (1) An applicant shall, as provided in rule 29.08(3), mail to or file with the Court the following documents for the use of the Court,

             (a)  a copy of any document served in accordance with rule 29.06(2); and 

             (b)  a memorandum listing any authority and the applicable provisions of any statute, regulation or rule that are to be relied upon by the applicant on the application.

 

        6. Rule 29.11(1) of the rules is repealed and the following substituted:

Proceeding in absence of party failing to attend

29.11. (1) When a party fails to attend on a return date, the hearing of the application, or on any adjournment of the hearing after being served with an application, the Court may proceed in the party's absence.

        7. The rules are amended by repealing Forms 5.02A and Form 29.02A and substituting the forms below:

 

 

Form 5.02A

(Rule 5.02)

20____ ____ G __________

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

 

TRIAL DIVISION (GENERAL)

 

 

BETWEEN:    __________________________________ APPLICANT

AND: _________________________________________ APPLICANT

AND: _________________________________________ APPLICANT

AND: _________________________________________ RESPONDENT

AND: _________________________________________ RESPONDENT

AND: _________________________________________ RESPONDENT

Originating Application

(Inter Partes)

TO THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR OR ONE OF THE JUDGES THEREOF

The application of ________________________________________, the Applicant herein says,

 

1. (Set out the material facts, in numbered paragraphs.)

2. The applicant therefore applies for an order that (set out the relief, remedy, or order you are requesting).

DATED at ________________, Newfoundland and Labrador, this ______ day of _______________________, ________

                                           _____________________

                                           Applicant/Solicitor for

                                           Applicant

 

                                           Whose address for service is:

 

                                           ______________________

                         

                                           ______________________

 

                                           ______________________