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Newfoundland and Labrador
Rules
of the Supreme Court, 1986 (Amendment) (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 Raymond P. Whalen 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. 4.
Rule 29.05 Amdt. 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 Rules 29.02(1) to (3) of the Rules of the Supreme Court, 1986 are repealed and the following substituted: Form.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 Rule 29.03 of the rules is repealed and the following substituted: Place and date for hearing of application 29.03 (1) Unless the Court otherwise orders, the place of hearing of an application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 Rule 29.04(2) of the rules is repealed. 4. Rules 29.05(2) and (3) of the rules are repealed and the following substituted: (2) Where an application is to be served upon an opposing party or person, the application and any supporting affidavit shall be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 TRIAL
DIVISION (GENERAL) BETWEEN: __________________________________
APPLICANT AND: _________________________________________
APPLICANT AND: _________________________________________
APPLICANT AND: _________________________________________
RESPONDENT AND: _________________________________________
RESPONDENT AND: _________________________________________ RESPONDENT Originating Application (Inter Partes) TO
THE SUPREME COURT OF 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 ________________, _____________________
Applicant/Solicitor
for Applicant
Whose address for service
is: ______________________
______________________
20____ ____ G __________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND
BETWEEN: __________________________________ APPLICANT AND: ________________________________________
APPLICANT AND: ________________________________________APPLICANT AND: ________________________________________ RESPONDENT AND: ________________________________________
RESPONDENT AND: ________________________________________
RESPONDENT Affidavit I,
_______________________
of
________________ in
the Province of ______________________________
__________ and say as follows: 1. I have read and I understand the foregoing application. 2. I have personal knowledge of the facts contained therein
and they are true to the best of my knowledge, information and belief. 3. … _______________________ Signature
SWORN/AFFIRMED at ___________________________________, in the
Province of ______________________, this _____ day of ___________, 20_____,
before me ` _______________________ A
Commissioner, etc. 20____ ____ G __________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND BETWEEN: _________________________________
APPLICANT AND: ________________________________________
APPLICANT AND: ________________________________________
APPLICANT AND: ________________________________________
RESPONDENT AND: ________________________________________
RESPONDENT AND: ________________________________________
RESPONDENT Notice to the Respondent(s) You are hereby notified that you must attend before a
judge presiding in chambers at the Courthouse at ___________________, AND FURTHER TAKE NOTICE that the judge may make an order in favour
of the applicant in your absence and without further notice unless you or your solicitor appear at the time and place noted above. TO: Respondent(s) Whose address for service is: _______________________ _______________________ _______________________ Form 29.02A (Rule 29.02) 20____ ____ G __________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND TRIAL DIVISION (GENERAL) (Include title of proceedings) Interlocutory Application (Inter Partes)
The application of
________________________________________, the Applicant herein says, Nature of Application 1. The Applicant seeks an
____________________________ (order/declaration/etc.)
pursuant to ____________________ (name
the rule, statute, etc.) on the basis that _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ (Add paragraphs
as necessary.) Material Facts (Add paragraphs
as necessary.) Other Pertinent Information and References (Add paragraphs
as necessary.) Relief Sought (Add paragraphs
as necessary.) DATED at ________________, _____________________
Applicant/Solicitor
for Applicant
Whose address for service
is: ______________________
______________________
ISSUED at ________________, _____________________
Registrar 20____ ____ G __________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND TRIAL DIVISION (GENERAL) (Include
title of proceedings) Affidavit I, _______________________ of
________________________ in the Province of ______________________________
__________ and say as follows: 1. I have read and I understand the
foregoing application. 2. I have personal knowledge of the facts contained
therein and they are true to the best of my knowledge, information and belief. 3. … _____________________
Signature SWORN/AFFIRMED at ___________________________________, in the
Province of ______________________, this _____ day of ___________, 20_____,
before me _____________________
Signature IN THE SUPREME COURT OF
NEWFOUNDLAND AND TRIAL DIVISION (GENERAL) (Include
title of proceedings)
Notice to the Respondent(s) You are hereby notified that you must
attend before a judge presiding in chambers at the Courthouse at
___________________, AND
FURTHER TAKE NOTICE that
the judge may make an order in favour of the applicant in your absence and
without further notice unless you or your solicitor appear at the time and place noted Above.
TO: Respondent(s) Whose address for service is: _______________________ _______________________ _______________________ ©Queen's Printer |