This is an official version. Copyright ©2018: Queen's Printer, Important Information
Newfoundland and Labrador
Rules
of the Supreme Court, 1986 (Amendment) (Filed February 8, 2018) 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 1.03 Amdt. Definitions 2. Rule 4.01 Amdt. Form 3.
Rule 4.04 Amdt. 4.
Rule 5A.01Amdt. 5. Rule 5A.04 Amdt. Records 6. Rule 29.01 Amdt. Application 7. Rule 29.03 Amdt. Place of hearing of application 8. Rule 53A.02 R&S Judge on application may stay an order 9. Paragraph II.E heading of Appendix to Rule 55 R&S 10. Rule 58 Heading R&S 11.
Rule 58.01Amdt. 12. Rule 58.02 Amdt. Scope of rule 13. Part IV heading R&S 14. Rule F1.01 R&S Referring to this Part 15. Rule F1.04 Amdt. Definitions 16. Rule F38.02 Amdt. Use of the rules 17. Forms R&S 1. (1) Rule 1.03(c) of the Rules of the Supreme Court, 1986 is repealed and the following substituted: (c) "application" means an originating or interlocutory application made to a judge in chambers, or to the Court when sitting during a trial or pursuant to an order; (2) Rule 1.03 (c.1) of the rules is repealed and the following substituted: (c.1) "Court" means (i) the Supreme Court, or (ii) either or both of the General Division and Family Division, as the context may require. (3) Rule 1.03(g.1) of the rules is repealed and the following substituted: (g.1) "Family Division" means the division of the Supreme Court constituted as the Family Division under the Judicature Act; (4) Rule 1.03(g.2) of the rules is repealed and the following substituted: (g.2) "General Division" means the division of the Supreme Court constituted as the General Division under the Judicature Act; (5) Rule 1.03(s.1) of the rules is repealed and the following substituted: (s.1) "Registrar" means the clerk, officer or employee of the Court designated by the Chief Executive Officer in consultation with the Chief Justice of the Supreme Court to manage the operations of the registries in all judicial centres unless otherwise provided; (6) Rule 1.03(v) of the rules is repealed and the following substituted: (v) "taxing officer" includes a master of the Supreme Court, and a judge of the Supreme Court or the Court of Appeal; and (7) Rule 1.03(v.1) of the rules is repealed. 2. Rule 4.01(3) of the rules is repealed and the following substituted: (3) All proceedings started in the province over
which the General Division has jurisdiction shall be titled, "In the
Supreme Court of Newfoundland and Labrador, General Division" and
proceedings started in the province over which the Family Division has jurisdiction
shall be titled, "In the Supreme Court of Newfoundland and 3. Rule 4.04 of the rules is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court". 4. Rule 5A.01(1) of the rules is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court". 5. Rule 5A.04(1) of the rules is amended by deleting the words "Trial Division" and substituting the words "Supreme Court". 6. Rule 29.01(2) of the rules is repealed and the following substituted: (2) When the Court orders, a proceeding commenced by statement of claim may be heard on application to a judge sitting in chambers. 7. Rule 29.03(2)(b) of the rules is repealed and the following substituted: (b) where the application is made ex parte or is for an extension or abridgement of a period of time, schedule a date for the hearing of the application. 8. Rules 53A.02 of the rules is repealed and the following substituted: Judge on application may stay an order 53A.02 A judge may, on the application of a party to an appeal to the Court of Appeal from an order of the Supreme Court, stay the order appealed from pending the disposition of the appeal and may stay any order of or proceeding before a judge of the Provincial Court or a tribunal in respect of which an order of the Court granting or refusing relief under Rule 54 or otherwise has been appealed. 9. The heading to paragraph II.E of the Appendix to Rule 55 of the rules is repealed and the following substituted: E. Trial or Appeal Hearing in the Supreme Court 10. The heading to Rule 58 of the rules is repealed and the following substituted: Rule 58 - Civil Appeals - Supreme Court (General Division) 11. (1) Rule 58.01(a) of the rules is repealed and the following substituted: (a) "appeal" means an appeal to the General Division and, where the context requires, includes a cross-appeal, a stated case, or a reference made to the Court under a statute; (2) Rule 58.01(c) of the rules is repealed and the following substituted: (c) "Chief Justice" means the Chief Justice of the Supreme Court; 12. Rule 58.02(1) of the rules is amended by deleting the words "Trial Division" and substituting the words "Supreme Court". 13. The heading to Part IV of the rules is repealed and the following substituted: PART IV - SUPREME COURT FAMILY RULES 14. Rule F1.01 of the rules is repealed and the following substituted: Referring to this Part F1.01 Part IV of the rules may be referred to separately as the Supreme Court Family Rules. 15. Rule F1.04(h) of the rules is amended by deleting the words "Trial Division" and substituting the words "Supreme Court". 16. Rule F38.02(4) of the rules is repealed and the following substituted: () (4) Sections 1, 2, 3, 4, 6, 9 and 10 and rules F26 and F27 of the Supreme Court Family Rules apply to all proceedings for the return of a child under the Hague Convention on International Child Abduction unless rule F38 provides otherwise, in which case rule F38 takes precedence. 17. The forms appended to the rules are repealed and the following substituted: |
Forms
– Index 4.04A Practice Note 5.02A Originating Application 5.02B Originating Application 5.03A Statement of Claim 5.05A Concurrent Originating Document 5A.01A Certificate 5A01B Order 6.03A Acknowledgement of Receipt 6.14A Affidavit of Service 7.19A Application for fee waiver and/or costs exemption 7.20A Application for costs exemption 10.01A Defence 11.02A Counterclaim 12.02A Third Party Notice 18A.06A Request for Case Management Meeting 20.01A Notice
of 20.03A Notice of Acceptance of Money Paid into Court 20A(A) Offer to Settle 20A(B) Revocation of Offer to Settle 20A(C) Acceptance of Offer to Settle 20A(D) Offer to Contribute 27.03A Applicant's
Bond for a Recovery Order 27.04A Interlocutory Recovery
Order 27.06A Bond
to Retain Property Under an Interlocutory Recovery Order 27.13A Order
for Sheriff to Deliver Possession of Property 29.02A Interlocutory
Application (Inter Partes) 29.02B Interlocutory
Application (Ex Parte) 30.04A Notice of Examination 31.01A Interrogatories 31.03A Answers
to Interrogatories 32.01A List of Documents 32.05A Notice to Produce for Inspection 32.06A Notice
to Produce at the Trial or Hearing 33.02A Notice to Admit 39B.02A Request
for Settlement Conference 40.04A Certificate of Readiness 46.23A Subpoena 46.23B Order
to Bring Prisoner as Witness 46.28B Warrant
for Arrest of a Defaulting Witness 47.01A Order
for Examination of Persons within the Jurisdiction 47.01B Order
for Examination of Persons Out of the Jurisdiction 47.01C Order
for Issue of a Letter of Request of Judicial Authority Out of the Jurisdiction 47.01D Letter
of Request for Examination of Witness Out of the Jurisdiction 49.01A Default Order 49.01B Final Order After Assessment of Damages, Etc. 49.01C Summary Order Under rule 17.02 49.01D Order After Trial Without a Jury 49.01E Order After Trial With a Jury 49.11A Satisfaction Piece 49.13A Notice to a Non-party 49.18A Notice of Disallowance 52.02A Interim Receivership Order 52.02B Receivership Order 53.03A Order for Appearance 53.04A Contempt Order 56.04A Notice of Application 56.04AA Caveat 56.04AB Withdrawal of Caveat 56.05A Petition for Probate, Administration or Guardianship 56.10A Inventory and Valuation of the Property of the said Estate 56.11A Proof of Will 56.11B Affidavit Proving Execution of a Holograph Will 56.12A Affidavit Verifying Translation of a Will Written in a Language Other than the English Language 56.21A Administration Bond 56.21B Administration Bond With Will Annexed 56.21C Guardianship Bond 56.29A Form of Release 56.29B Affidavit of Execution of a Release 56.33A Oath (or Affirmation) of Guardian 56.33B Oath (or Affirmation) of Executor 56.33C Oath (or Affirmation) of Administration 56.33D Oath (or Affirmation) of Administrator With Will Annexed 56.33E Letters of Probate 56.33F Letters of Administration 56.33G Letters of Administration With Will Annexed 56.33H Letters of Guardianship, Minor 56.33I Letters of Guardianship, Mentally Disabled Person 58.04A Notice of Appeal 58.07A Notice of Cross-Appeal 58.07B Notice of Election to Proceed with Cross-Appeal 58.09A Record 58.11A Appellant's/Respondent's Brief 58.13A Request for Case Management Meeting 58.14A Joint Request for Appeal Hearing Date F4.03A Originating Application (Family Law) F4.04A Joint Originating Application (Family Law) F4.04B Withdrawal of Joint Originating Application (Family Law) F5.05A Originating Application for Variation (Family Law) F5.06A Joint Originating Application for Variation (Family Law) Form F6.02A Response (Family Law) Form F6.04A Demand for Notice (Family Law) Form F6.06A Notice of Default (Family Law) Form F7.02A Reply (Family Law) Form F8.04A Acknowledgement of Service (Family Law) Form F8.11A Affidavit of Service (Family Law) Form F10.02A Financial Statement (Family Law) Form F10.04A Property Statement (Family Law) Form F11.02A Demand to Disclose (Family Law) Form F11.02B Response to Demand to Disclose (Family Law) Form F11.03A Demand for Answers (Family Law) Form F11.03B Response to Demand for Answers (Family Law) Form F14.04A Request for Case Management Hearing (Family Law) Form F16.03A Interim Application for a Procedural Order (Family Law) Form F17.03A Emergency Interim Application - For a Temporary Order (Family Law) Form F18.03A Interim Application (Family Law) Form F19.02A Application to Vary an Interim Order (Family Law) Form F23.01A Offer to Settle (Family law) Form F23.02A Withdrawal of Offer to Settle (Family Law) Form F23.05A Acceptance of Offer to Settle (Family Law) Form F25.03A Request for Settlement Conference (Family Law) Form F26.02A Application for Judgment (Family Law) Form F26.03A Divorce Judgment (Family Law) Form F27.02A Request for a Pre-Trial Determination (Family Law) Form F28.02A Request for a Summary Judgment Hearing (Family Law) Form F29.02A Request for a Trial (Family Law) Form F31.02A Request for an Information Trial (Family Law) Form F34.02A Consent Order - Support (Family Law) Form F34.02B Consent Order - Other than Support (Family Law) Form F34.02C Affidavit of Execution (Family Law) Form F38.06A Notice of Application to the Central Authority and Contact Judge for the Return of a Child (Family Law) Form F38.04A Originating Application for the Return of a Child (Family Law) Form F38.04B Affidavit in Support of Originating Application for the Return of a Child (Family Law) Form F40.04A - Certificate of Divorce (Family Law) Form 4.04A (rule 4.04(2)) Rules of the Supreme Court of Newfoundland and Practice Note PN. No. [Year – consecutive number]
The following
Practice Note was filed with the Registrar and is published pursuant to rule
4.04 of the Rules of the Supreme Court,
1986:
AUTHORIZED BY: Chief Justice Registrar Form 5.02A (Rule 5.02) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Originating Application (Inter Partes) TO THE SUPREME COURT OF The application of (insert applicant's name), 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 _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Applicant/Solicitor for Applicant Whose address for service is: (Insert address for service) TO: (Respondent(s)
or the solicitor(s) for
respondent(s)) (Insert address) ISSUED at (city/town) in the (Affix seal of the court) (signature) Registrar/Registry clerk File
number: 20____ ____ G __________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Affidavit I, (affiant's
name) of (city/town), (province or, if outside of 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. (Set
out the material facts, in numbered paragraphs.) SWORN/AFFIRMED at _____________________ (city/town), ________________________ (province or, if outside of _____________________ (signature) Commissioner, notary public, etc. _____________________ (signature of affiant) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) 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) or the solicitor(s) for the respondent(s)) (insert address) Form 5.02B (rule 5.02) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In the matter of an application of (name of
applicant) Originating Application (Ex Parte) TO THE SUPREME COURT OF The application of
(name of applicant), 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 _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Applicant/Solicitor for Applicant Whose address for service is: (Insert address for service) ISSUED at (city/town) in the (Affix seal of the court) (signature) Registrar/Registry clerk File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In the matter of an application of (name of
applicant) Affidavit I, (affiant's
name) of (city/town), (province or, if outside of 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. (Set
out the material facts, in numbered paragraphs.) SWORN/AFFIRMED at _____________________ (city/town), ________________________ (province or, if outside of _____________________ (signature) Commissioner, notary public, etc. _____________________ (signature of affiant) Form 5.03A (rule 5.03) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Statement of Claim 1. (Set
out the material facts, in numbered paragraphs.) 2. The plaintiff therefore seeks the
following relief (set out the relief,
remedy, or order you are requesting). DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Plaintiff/Solicitor for Plaintiff Whose address for service is: (Insert address for service) To: (Defendant(s)
or the solicitor(s) for the defendant(s)) (Insert address) ISSUED at (city/town) in the (Affix seal of the court) (signature) Registrar/Registry Clerk File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Notice to Defendant(s) You are hereby notified that the plaintiff(s) may
enter judgment in accordance with the statement of claim or such order as,
according to the practice of the Court, the plaintiff is entitled to, without
any further notice to you unless within _________ days, after service hereof
upon you, you cause to be filed with the Supreme Court of Newfoundland and
Labrador at _______________________ a defence and unless within the same time a
copy of your defence is served upon the plaintiff(s) or the plaintiff's
solicitor(s) at the plaintiff's solicitor(s) stated address(es) for service. Provided that if the claim is for a debt or other
liquidated demand and you pay the amount claimed in the statement of claim and
the sum of $___________ (or such sum as may be allowed on taxation) for costs
to the plaintiff(s) or the plaintiff's solicitor(s) within _________days from
the service of this notice upon you, then this proceeding will be stayed. To: (Defendant(s)
or the solicitor(s) for the defendant(s)) (Insert address) Form 5.05A (rule 5.05) Concurrent Originating
Document I certify this to be a concurrent originating
document, (as amended) filed with the Supreme Court of Newfoundland and ISSUED at (city/town) in the (Affix court
seal) Registrar/Registry Clerk Form 5A.01A (rule 5A.01(1)(c)) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Certificate I, (name of
designated certifying official), being the designated certifying official
of the Claimant, make oath and say as follows: 1.
The name and current known address of the person who is
subject to and liable to pay the fine(s), late payment penalty(ies),
forfeiture(s) assessment(s) or tax(es) are; 2.
The fine(s), late payment penalty(ies), forfeiture(s),
assessment(s) or tax(es), as the case may be, was(were) imposed and the amount
or amounts thereof as well as the date(s) of imposition and the date(s) when
the amount(s) became payable are; 3.
The fines(s), late payment penalty(ies), forfeiture(s),
assessment(s) or tax(es) or any portion(s) thereof (and if a portion(s), the
amount(s) of such portion(s) was (were not paid within the time(s) allowed for
payment; 4.
The amount or amounts for which judgment is sought to be
entered is (are); 5.
I have knowledge of the information in this Certificate and
am duly authorized to make this Certificate and to request that the amount(s)
claimed be entered as a judgment, or to file this Certificate as a judgment of
the court, pursuant to the provisions of (applicable
legislation). SWORN/AFFIRMED at _______________ (city/town), __________________________ (province), on the ____ (day)
of ___________________ (month), ______ (year), before me Commissioner, notary public, etc. (signature) Designated
Certifying Official Form 5A.01B (rule 5A.01(1)(h)) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Order The Defendant, having failed to pay the fine(s), late
payment penalty(ies), forfeiture(s), assessment(s) or tax(es) listed on the
Certificate file herein as owing to the Claimant within the time allowed for
payment, as certified by the designated certifying official. It is hereby ordered that judgment be entered against
the Defendant in favour of the Claimant pursuant to the provisions of (insert applicable legislation) in the
sum of $(insert dollar amount), being
the total amount of the fine(s), late
payment penalty(ies), forfeiture(s), assessment(s) and tax(es) listed on
the said Certificate filed herein as owing by the Defendant, and that a copy of
this Order be served on the Defendant either personally or by ordinary mail at
the Defendant's last known address. DATED at _____________ (city/town), _______________________ (province or, if outside of (signature) Registrar/Registry clerk Form 6.03A (rule 6.03(3)) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Acknowledgement of Receipt TO: (insert
name of person being served) You are served by mail with the documents enclosed
with this form in accordance with the Rules
of the Supreme Court, 1986. You are requested to sign the acknowledgement below
and mail this form immediately after you receive it. If you fail to do so, the documents may be
served on you in another manner and you may have to pay the costs of service. I ACKNOWLEDGE that I have received a copy of the
following documents: (To be completed in
advance by the sender of the documents.
Include sufficient particulars to identify each document.) (signature of person served) Form 6.14A (rule 6.14(1)) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Affidavit of Service I, (person serving the document), of (city of residence), make oath and say as
follows: (Personal Service) TO: (name
of person being served) 1.
On (date), at (time), I served (name of person served) with the (identify documents served) by leaving a copy with him (or her) at (address where service was made). (Where
the rules provide for personal service on a corporation, etc. by leaving a copy
of the document with another person, substitute: by leaving a copy with
(identify person by name and title) at (address where service was made).) 2.
I was able to identify the person by means of (state the means by which the person's identity
was ascertained.) (Service by leaving a copy
with an adult person in the same household as an alternative to personal
service) 1.
I served (name of
person served) with the (identify
documents served) by leaving a copy on (date),
at (time), with a person, (insert name if known), who appeared to
be an adult member of the same household in which (name of person served) is residing, at (address where service was made), and by sending a copy by regular
lettermail (or registered or certified
mail) on (date) to (identify person served) at the same
address. 2.
I ascertained that the person was an adult member of the
household by means of (state how it was
ascertained that the person was an adult member of the household). 3.
Before serving the documents in this way, I made an
unsuccessful attempt to serve (name of
person served) personally at the same address on (date). (If more than one attempt has been made, add: and again on (date).) (Service by registered mail
as an alternate to personal service) 1.
On (date), I sent
to (name of person served) by
registered mail with Canada Post Corporation item # (include number) attached to the envelope, a copy of the (identify documents served). 2.
Attached is the confirmation of delivery receipt obtained
from Canada Post Corporation for item # (include
number) showing the envelope was delivered to (name of person served) on (date
of receipt). 3.
The item # on the confirmation of delivery receipt is
identical to the item number on the registered mail receipt obtained from
Canada Post Corporation for the envelope sent to (address where mail was delivered). (Service by certified mail as
an alternative to personal service) 1.
On (date), I sent
to (name of person served) by
certified mail a copy of the (identify
documents served). 2.
I received the attached receipt card from Canada Post
Corporation which indicates the documents were received on (date) and which bears a signature that
purports to be the signature of (identify
person). (Service by regular
lettermail as an alternative to personal service) 1.
On (date), I sent
to the (name of person served) by
regular lettermail a copy of the (identify
documents served) together with an acknowledgment of receipt form. 2.
On (date), I
received the attached acknowledgment of receipt form bearing a signature that
purports to be the signature of (identify
person). SWORN/AFFIRMED at _____________________ (city/town), ________________________ (province or, if outside of _____________________ (signature) Commissioner, notary public, etc. _____________________ (signature of affiant) Form 7.19A (rule 7.19) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Application for fee waiver TO THE SUPREME COURT OF
If
you have not attached documentary proof as required above, your application may
be denied on that basis. The
contents of the within application are true to the best of my information and
belief. SWORN/AFFIRMED at _____________________ (city/town), ________________________ (province or, if outside of _____________________ _____________________ (signature) (signature of applicant) Commissioner,
notary public, etc. Whose
address for service is: (Insert address for service) ISSUED at (city/town) in the (Affix seal of the court) (signature) Registrar/Registry clerk Form 7.20A (rule 7.20) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Application
for costs exemption TO THE SUPREME COURT OF
If
you have not attached documentary proof as required above, your application may
be denied on that basis. STATEMENT
OF TRUTH The
contents of the within application are true to the best of my information and
belief. SWORN/AFFIRMED at _____________________ (city/town), ________________________ (province or, if outside of _____________________ (signature) Commissioner, notary public, etc. _____________________ (signature of applicant) Whose address for service is: (Insert
address for service) To: (Each other party/solicitor for the party) (insert address) ISSUED at (city/town) in the (Affix seal of the court) (signature) Registrar/Registry clerk File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify as appropriate to
match title of proceeding.) 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: (Each other party/solicitor for the party) (insert address) Form 10.01A (rule 10.01) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Defence 1.
(Set out each
allegation of the statement of claim that the defendant admits.) 2.
(Set out the
allegations of fact in support of the defence of the defendant.) 3.
(Set out the
allegations of law in support of the defence of the defendant.) DATED at _____________ (city/town), _______________________ (province or, if outside of (Signature) Defendant /Solicitor for Defendant Whose address for service is: (insert address) To: (Each party or the solicitor for the party) (insert address) Form 11.02A (rule 11.02(1)) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Counterclaim 1.
(Set out the material
facts, in numbered paragraphs.) 2.
The
plaintiff by counterclaim therefore claims (set
out the relief, remedy, or order you are requesting). DATED at _____________ (city/town), _______________________ (province or, if outside of (signature) Plaintiff by counterclaim/Solicitor for Plaintiff by counterclaim Whose address for service is: (insert address) To: (Each party or the solicitor for the party) (insert address) ISSUED at (city/town) in the (Affix seal of the court) (signature) Registrar/Registry Clerk File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding as necessary.) Notice to Defendant(s) by
Counterclaim You are hereby notified that the plaintiff(s) by
counterclaim may enter judgment in accordance with the statement of claim or
such order as, according to the practice of the Court, the plaintiff by
counterclaim is entitled to, without any further notice to you unless within
_________ days, after service hereof upon you, you cause to be filed with the
Supreme Court of Newfoundland and Labrador at _______________________ a defence
and unless within the same time a copy of your defence is served upon the
plaintiff(s) by counterclaim or the plaintiff's solicitor(s) at the plaintiff's
solicitor(s) stated address(es) for service. Provided that if the claim is for a debt or other liquidated
demand and you pay the amount claimed in the statement of claim and the sum of
$___________ (or such sum as may be allowed on taxation) for costs to the
plaintiff(s) by counterclaim or the plaintiff's solicitor(s) within
_________days from the service of this notice upon you, then this proceeding
will be stayed. To: (Defendant(s)
by counterclaim) (Insert address) Form 12.02A (rule 12.02) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding as necessary.) Third Party Notice TO THE THIRD PARTY: TAKE NOTICE that this proceeding has been brought by
the plaintiff against the defendant and by the defendant against you as a third
party. In this proceeding, the plaintiff
claims against the defendant (here state
concisely the nature of the plaintiff's claim) as appears from the
originating document, a copy of which is attached as Schedule A. AND TAKE NOTICE that the defendant also claims against you
in respect of the claim set out in the statement of claim attached hereto as
Schedule B. AND TAKE NOTICE that you will be deemed to admit the
plaintiff's claim against the defendant and the defendant's claim against you,
and the defendant may enter judgment against you in accordance with the
defendant's claim attached hereto as Schedule B without further notice to you,
unless (where a defence is to be filed)
[within (insert
the period of time prescribed by the Rules or order. In the latter case, add
the following words “being the period
prescribed by order dated the day
of 20. ”)
days after the service of this third party notice upon
you, excluding the day of service, (a) you or your solicitor
cause your defence to the statement of claim to be filed with the Court by
either delivering or mailing the defence to the Registry; and (b) within the same time, you
or your solicitor cause a copy of your defence to be served upon the defendant
or the defendant's solicitor at the address given in the statement of claim for
service by either delivering or mailing the copy to him or her at that
address;] or, (where the application is to Court) –
[unless you appear on the hearing of the originating document.]. Schedule A (Attach copy of
originating document in the proceeding between the plaintiff and defendant) Schedule B (Attach copy of
the defendant's statement of claim or affidavit containing his claim against
third party) (signature) Defendant/Solicitor for Defendant Whose address for service is: (insert address) ISSUED at (city/town) in the (Affix seal of the court) (signature) Registrar/Registry clerk Form 18A.06A (rule 18A.06) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding as necessary.) Request for Case Management Meeting Case Management Judge(s): (Insert the name of the case management judge and any alternate case
management judge.) Requesting Part(y/ies): (Insert the name of the party or parties requesting the case management
meeting.) (Insert the name of
party's lawyer, if applicable, as well as the party's telephone number, fax
number, and email address.) Requested date and time of
case management: (Provide dates and times you are available to attend a case management
meeting.) All fields in the table below are
mandatory and must be completed. 1.
Names and contact information for all
counsel/self-represented litigants who will be appearing at this case
management meeting:
(Include
additional rows as necessary.) 2.
Will an agenda be provided for this meeting? (Tick one of the boxes.) □ Yes □ No 3.
Please state the reason for the case management meeting (Provide
reasons for requesting the case management meeting. You may refer to rules
18A.06(1)(a) – (e) or 18A.06(3)(a) – (I).) 4.
Estimated time required to complete case management meeting: (Provide
an estimate of the amount of time required to complete the meeting.) DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Party requesting case management
meeting/Solicitor Whose address for service is: (Insert address for service) TO: Supreme Court of Newfoundland and Form 20.01A (rule 20.01(3)) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding as necessary.) Notice of Payment into Court TAKE NOTICE that the defendant has paid the sum of $(insert dollar amount) into Court in
satisfaction of (tick one of the boxes) □ the cause (or, where there is more than
one, all of the causes of action) for which the plaintiff claims; or □ the following causes of action for which the plaintiff
claims and the following amounts are paid in respect thereof: (Set
out the cause or causes of action and the respective amount for each.) (Where there is
a counterclaim, you may also insert the following paragraph.) AND FURTHER TAKE NOTICE that the defendant has offered to
surrender the following cause/causes of action in the counterclaim and has
reduced the sum paid into Court by the sum of $(insert dollar amount) in allowance therefor: (Set
out cause or causes of action of the counterclaim and the respective amount for
each.) DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Defendant/Solicitor for Defendant Whose address for service is: (Insert address for service) TO: (Each party or the solicitor for the party) (Insert address) Form 20.03A (rule 20.03(1)) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding as necessary.) Notice of Acceptance of Money
Paid into Court TAKE NOTICE that the plaintiff(s), (insert name(s)), accept(s) the sum of $(insert dollar amount) paid by the
defendant(s), (insert name(s)), into
Court in satisfaction of the cause(s) of action for which it was paid in and
agrees that all further proceedings relating to the specified cause(s) of
action shall be discontinued. DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Plaintiff/Solicitor for Plaintiff Whose address for service is: (Insert address for service) TO: (Each party or the solicitor for the party) (Insert address) Form 20A(A) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding as necessary.) Offer to Settle TO: The plaintiff (or as may be) The defendant (or as may
be) offers to settle your claim inclusive of
pre-judgment interest for the sum of $ and costs to be taxed. OR: The defendant (or as may be) offers to settle your various claims listed
hereunder for the amounts set out opposite each claim inclusive of pre-judgment
interest and costs to be taxed. OR: The defendant (or as may be) offers to settle your claim on the following
terms: OR: The plaintiff (or as may be) offers to accept the sum of $ in full settlement of his claim and costs on
condition that payment of that amount be made in cash or by certified cheque at
the time of acceptance of this offer. DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Solicitor for Defendant (or as may be) Form 20A(B) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding as necessary.) Revocation of Offer to Settle TO: The plaintiff (or as may be) The defendant (or as may be) revokes his offer to settle dated the day of 20 . DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Solicitor for Defendant (or as may be) Form 20A(C) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding as necessary.) Acceptance of Offer to Settle TO: The defendant (or as may be) The defendant (or as may
be) accepts your offer to settle dated the day of 20 . DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Solicitor for Plaintiff (or as may be) Form 20A(D) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding as necessary.) Offer to Contribute TO: The defendant (or as may be) The defendant (or as may be) offers to contribute $ as his proportionate share towards a
settlement of the plaintiff's claim. This offer to contribute is made
under rule 20A.11 of the Rules of Court. DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Solicitor for Defendant (or as may be) Form 27.03A (rule 27.03) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding as necessary.) Applicant's Bond for Recovery
Order WHEREAS the applicant, A.B., seeks to obtain a
recovery order herein against C.D., to recover the property described in the
schedule; NOW KNOW ALL PERSONS by these presents that I, A.B., as
applicant, (and M.N. and O.P. as sureties) (upon the applicant depositing with
the Court at (insert city/town),
Newfoundland and Labrador, the money or securities listed below as security
hereunder) firmly (bind myself), (jointly and severally bind ourselves) to
C.D., his or her heirs, executors or assigns, to pay to him, her, or them the
penal sum of $(insert dollar amount)
upon breach of the following conditions, namely that the applicant shall, (a) on the delivery of the
property to the applicant, or the filing of a bond under rule 27.06 of the Rules of the Supreme Court, 1986 obtain,
without delay, an order settling who is entitled to the ownership or possession
of the property; (b) return the property to the
party or person from whom it was taken if the applicant fails without delay to
obtain the order referred to in paragraph (a), or the Court so orders; and (c) pay such damages and costs
awarded by the Court against the applicant as a result of the issue of the
recovery order; and upon the applicant fulfilling these conditions, or
if the sheriff fails to recover any part of the property sought to be recovered
herein and deliver the same to the applicant, this bond shall be void, but
unless the Court otherwise orders, it shall remain in full force and effect. This bond shall enure to the benefit of and be binding
upon the parties hereto, their and each of their executors, administrators,
successors and assigns. DATED at ,
SIGNED,
SEALED AND DELIVERED In
the presence of: ________________________________ ________________________________ ________________________________ Schedule (insert a description
of the property sufficiently to identify it) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding as necessary.) I, of in the Province of make oath (or affirm) and say that I was
present and did see the within bond duly executed by the parties named therein,
and that the name ___________________ set and subscribed as a witness thereto,
is of the proper handwriting of me, this deponent, and that the same was
executed at _____________________. SWORN/AFFIRMED at __________________ (city/town), ____________________ (province or, if outside of _____________________ (signature) Commissioner, notary public, etc. File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding as necessary.) We, M.N. and O.P. of in the Province of and of in the Province of ,
severally make oath (or affirm) and say: That we are the proposed
sureties on behalf of A.B. the applicant named in the foregoing bond; and
I the said M.N. for myself make oath (or affirm) and say that
I am worth property to the amount of $_________, over and above all
encumbrances, and over and above what will pay my debts, and every other sum
for which I am now bail, or for which I am liable as surety or endorser, or
otherwise; and I the said O.P. for myself make oath (or affirm) and say that
I am worth property to the amount of dollars over and above what will pay my debts,
and every other sum for which I am now bail, or for which I am liable as surety
or endorser, or otherwise. The above named _,
and were severally sworn (or affirmed) before me
at __________________ (city/town),
____________________ (province or, if
outside of _____________________ (signature) Commissioner, notary public, etc. Form 27.04A (rule
27.04) File number: 20____ ____ G __________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding as necessary.) Interlocutory Recovery Order TO THE SHERIFF OF Before the Honourable ___________ Justice
_________________ UPON being satisfied that the applicant has
filed with this Honourable Court, an affidavit and bond in compliance with the Rules of the Supreme Court, 1986 which
documents are open for inspection by any person IT IS ORDERED that, 1. the sheriff shall recover and take
immediate possession of the following property described in the schedule which
is of the value of $__________ (insert
description of the property sought to be recovered in the schedule thereof, and
make an inventory of the property so recovered); 2. when the property or any part is
recovered, the sheriff shall serve a true copy of this order on the party from
whom the property is recovered, and on any adult person in possession of the
property at the time possession is taken, and, where real property is recovered,
shall post a true copy of this order in a conspicuous place thereon; 3. if the party from whom the property was
recovered files a bond with the Court pursuant to rule 27.06 of the Rules of the Supreme Court, 1986 the
Registrar shall deliver a certificate to the party stating the bond has been
filed, and, on this certificate being delivered to the sheriff within three
days after the service of this order on the party, the sheriff shall return the
property to the party, otherwise the sheriff shall deliver possession of the
property to the applicant; 4. upon delivery of the property to the
applicant or upon filing the bond with the Court as provided in the preceding
paragraph, the applicant shall forthwith continue the proceeding until judgment
is entered; and 5. before the expiration of ninety days
after the issue of this order, or within such further time as the Court orders,
the sheriff shall file this order, with a report of any action taken by the
sheriff hereunder, endorsed thereon or attached thereto, with the Court. DATED at _____________ (city/town), _______________________ (province or, if outside of The solicitor for the applicant
________________________________________ (name
of applicant) is _____________________________________ (name of solicitor) of
______________________________ (city/town),
(signature) Registrar/Registry clerk Schedule (Insert description of the property sought
to be recovered in the schedule thereof, and make an inventory of the property
so recovered.) Form
27.06A (rule
27.06) File number: 20____ ____ G __________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding as necessary.) Bond to Retain Property Under an WHEREAS C.D. seeks to retain or recover property taken
from C.D. under the interlocutory recovery order issued herein on the _______
day of _________________, _______, and is filing this bond with this Honourable
Court in compliance with rule 27.06 of the Rules
of the Supreme Court, 1986; NOW KNOW ALL MEN by these presents that I,
C.D., as principal, and (M.N. and O.P. as sureties) (upon C.D. depositing with
the Court at ________________, Newfoundland and Labrador, the money or
securities listed below as security hereunder) firmly (bind myself,) (jointly
and severally bind ourselves) to A.B., the applicant, for the interlocutory
recovery order herein, his or her executors, administrators and assigns, to pay
to him or her or them the penal sum of ___________ dollars upon breach of the
condition that I, C.D. shall (a) deliver the property retained or recovered by
me from the sheriff herein, as listed in the schedule attached hereto, to the
applicant if it is so ordered; or (b) pay to the applicant when
ordered by the Court, an amount equal to the value of the property so retained
or recovered which payment shall not exceed the amount secured by the bond; and upon C.D. fulfilling these conditions
this bond shall be void, but unless the Court otherwise orders, it shall remain
in full force and effect. This bond shall enure to the benefit of and
be binding upon the parties hereto, each of their executors, administrators,
successors and assigns. DATED at ,
SIGNED,
SEALED AND DELIVERED in
the presence of: ________________________________ ________________________________ ________________________________ Schedule (Insert a description
of the property sufficiently to identify it.) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding as necessary.) I, of in the Province of make oath (or affirm) and say that I was
present and did see the within bond duly executed by the parties named therein,
and that the name ________
set and subscribed as a witness thereto, is of the proper handwriting of me,
this deponent, and that the same was executed at _______________ . SWORN/AFFIRMED at __________________ (city/town), ____________________ (province or, if outside of _____________________ (signature) Commissioner, notary public, etc. File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding as necessary.) We, (M.N.) of (city/town) in the Province of ___________________and
(O.P.) of in the Province of ___________________,
severally make oath (or affirm) and say: That we are the proposed
sureties on behalf of C.D. the principal named in the foregoing bond; and
I the said M.N. for myself make oath (or affirm) and say that
I am worth property to the amount of $_________, over and above all
encumbrances, and over and above what will pay my debts, and every other sum
for which I am now bail, or for which I am liable as surety or endorser, or
otherwise; and I the said O.P. for myself make oath (or affirm) and say that
I am worth property to the amount of dollars over and above what will pay my debts,
and every other sum for which I am now bail, or for which I am liable as surety
or endorser, or otherwise. The above named _,
and were severally sworn (or affirmed) before me
at __________________ (city/town),
____________________ (province or, if
outside of _____________________ (signature) Commissioner, notary public, etc. Form 27.13A (rule 27.13) IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding as necessary.) Order for Sheriff to Deliver
Possession of Property TO THE SHERIFF OF UPON READING the order of Justice dated the day of ,
20 ,
filed herein, that (the plaintiff, A.B., or the defendant, C.D., as the case
may be) recover from (the defendant, C.D., or the plaintiff A.B., as the case
may be) possession of (or as the case may be and describing the property) that
was ordered to be recovered from the defendant (or plaintiff); IT IS ORDERED THAT you, as Sheriff of IT IS FURTHER ORDERED THAT upon
the execution of this order, you shall forthwith file it with the Court with a
report on your doings under the order endorsed thereon. ISSUED at (city/town) in the (Affix seal of the court) (signature) Registrar/Registry clerk Form 29.02A (Rule 29.02) IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding as necessary.) Interlocutory Application (Inter Partes)
The application of (name of party making the application), 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 (i) (Set
out grounds for application in numbered paragraphs) (ii) … Procedural History 2. The procedural history of this proceeding, insofar
as it is relevant to this application, is as follows: (i) (Set
out procedural steps which have occurred to date in numbered paragraphs) (ii) … Material Facts 3. (Set out the
material facts, in numbered paragraphs.) 4. … Other Pertinent Information
and References 5. (Set out
other pertinent information and references, in numbered paragraphs.) 6. … Relief Sought 5. The Applicant therefore applies for (set out the relief, remedy, or order you are
requesting). DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) (Party making
application/Solicitor for party making application) Whose address for service is: (Insert address for service) TO: (Respondent(s)
or the solicitor(s) for respondent(s)) (Insert address) ISSUED at (city/town) in the (Affix seal of the court) (signature) Registrar/Registry clerk File
number: 20____ ____ G __________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Affidavit I, (affiant's
name) of (city/town), (province or, if outside of 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. (Set
out the material facts, in numbered paragraphs.) SWORN/AFFIRMED at _____________________ (city/town), ________________________ (province or, if outside of _____________________ (signature) Commissioner, notary public, etc. ____________________ (signature of affiant) File
number: 20____ ____ G __________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) 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)
or the solicitor(s) for respondent(s)) (Insert address) Form 29.02B (rule 29.02) File
number: 20____ ____ G __________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In the matter of an application of (name of
applicant) (OR)
(Modify title of proceeding
as necessary.) Interlocutory Application (Ex Parte)
The application of (name of party making the application), 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 (i) (Set
out grounds for application in numbered paragraphs) (ii) … Procedural History 2. The procedural history of this proceeding, insofar
as it is relevant to this application, is as follows: (i) (Set
out procedural steps which have occurred to date in numbered paragraphs) (ii) … Material Facts 3. (Set out the
material facts, in numbered paragraphs.) 4. … Other Pertinent Information
and References 5. (Set out
other pertinent information and references, in numbered paragraphs.) 6. … Relief Sought 5. The Applicant therefore applies for (set out the relief, remedy, or order you are
requesting). DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) (Party making
application/Solicitor for party making application) Whose address for service is: (Insert address for service) ISSUED at (city/town) in the (Affix seal of the court) (signature) Registrar/Registry clerk File
number: 20____ ____ G __________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Affidavit I, (affiant's
name) of (city/town), (province or, if outside of 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. (Set
out the material facts, in numbered paragraphs.) SWORN/AFFIRMED at _____________________ (city/town), ________________________ (province or, if outside of _____________________ (signature) Commissioner, notary public, etc. ____________________ (signature of affiant Form 30.04A (rule 30.04) File
number: 20____ ____ G __________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Notice of Examination TAKE
NOTICE that you are
required to attend for the purpose of being examined in the above proceeding on
,
the day of ,
20 , at .m.,
at Street, in , AND FURTHER TAKE NOTICE that you are also required to produce and
show at the examination all books, papers, documents and records in your
custody, possession and power containing any entry, memorandum or minute
relating to the matters in question in this proceeding, and in particular: (List any specific books, papers, documents
or records.) DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Registrar/Registry Clerk Form 31.01A (rule 31.01) File
number: 20____ ____ G __________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Interrogatories TO: The
(Plaintiff)(Defendant)(other person) (insert address) It is hereby required that the following
interrogatories be answered by (you)(any officer or agent competent to testify
on your behalf who knows the facts about which the inquiry is made) and that
the answers be served upon the (Plaintiff) (Defendant) within days from the time these interrogatories are
served on you:
(The defendant C.D. is required to answer interrogator(y/ies)
(#).) (The defendant E.F. is required to answer
interrogator(y/ies) (#).) (G.H., a director etc. of the defendant, the X. Co.,
Ltd., is required to answer interrogator(y/ies) (#).) DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) (Party making interrogatories/Solicitor
for party making interrogatories) Whose address for service is: (Insert address for service) Form 31.03A (rule 31.03) File
number: 20____ ____ G __________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Answers to Interrogatories In answer to the interrogatories served by the (plaintiff) (defendant) and dated the day of , 20 , I make oath (or
affirm) and say as follows: 1.
I am the (plaintiff) (defendant) (officer) (agent) of the
(plaintiff) (defendant) and duly authorized to make this affidavit on its
behalf. 2.
As to interrogatory (#), I say (state answer based on his or her knowledge). 3.
As to interrogatory (#), I say that I have no personal
knowledge of any of the matters therein referred to, but to the best of my
knowledge, information and belief after making proper inquiries I say that (state answer based on inquiries). 4.
As to interrogatory (#), I say that to the best of my
knowledge, information and belief I am unable to answer the same. I do not know and cannot ascertain whether . 5.
As to interrogatory (#), I object to answering this
interrogatory on the grounds that (state the grounds of objection). SWORN/AFFIRMED at _____________________ (city/town), ________________________ (province or, if outside of _____________________ (signature) Commissioner, notary public, etc. ____________________ (signature of affiant) Form 32.01A (rule 32.01) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) List of Documents The following is a list of the documents relating to
any matter in question in this proceeding that are or have been in the
possession, custody or control of the (plaintiff) (defendant) and it is served
in compliance with rule 32.01 (the order herein dated the day of ,
20 ): 1.
The (plaintiff) (defendant) has in or possession, custody or control the documents
in this proceeding enumerated in Part 1 of the Schedule attached hereto; 2.
The (plaintiff) (defendant) objects to produce the documents
enumerated in Part 2 of the Schedule on the ground that they are privileged
from production for the reasons stated in the Schedule; 3.
The (plaintiff) (defendant) has had, but has not now, in or possession, custody or control the
documents enumerated in Part 3 of the Schedule which were last in or possession, custody or control as stated in
the Schedule; and 4.
Neither the (plaintiff) (defendant) nor or solicitor nor any
other person on or behalf, has now or ever had, in or possession, custody or control any document or
any description whatever relating to any matter in question in this proceeding
other than the documents enumerated in the Schedule. AND
TAKE NOTICE that a true
copy of each of the documents listed in Part 1 of the Schedule, for which
privilege from production is not claimed, is attached hereto and any of these
documents may be inspected by immediately communicating with the undersigned; AND
FURTHER TAKE NOTICE that
unless you deny it by serving a notice thereof on me within ten days after
being served with this list of documents, or it is denied in your pleading, or
the Court otherwise orders, you shall be deemed to admit that any document
listed in Part 1 of the Schedule, a true copy of which has been served on you,
and described: (a)
as an original document, is such a document and was printed,
written, signed or executed as it purports respectively to have been; and (b)
as a copy, is a true copy. AND
FURTHER TAKE NOTICE that,
unless you are otherwise advised in writing, the (plaintiff) (defendant) will
produce at the trial or hearing of the proceeding the documents listed in Part
1 of the Schedule, for which privilege from production is not claimed, without
further notice from you. Schedule Part
1 (Here enumerate in a convenient order the documents
(or bundles of documents, if of the same nature, such as invoices) in the
possession, custody or control of the party that the party does not object to
produce, with a short description of each document or bundle sufficiently to
identify it.) Part
2 (Here enumerate the documents in the possession,
custody or control of the party that the party objects to produce on the ground
of privilege, with the applicable reasons.) Part
3 (Here enumerate the documents that at the date of
service of the list, are not in the possession, custody or power of the party
and give the respective dates the documents were last in the possession,
custody or power of the party.) DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) (Party/Solicitor for party) Whose address for service is: (Insert address for service) Form 32.05A (rule 32.05) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Notice of Inspection TAKE
NOTICE that the (insert name of party serving notice)
requires you to produce the following documents referred to in your (pleading)
(affidavit) (list of documents) dated the day of ,
20 ,
for inspection and copying: (Describe documents required.) DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) (Party serving notice/Solicitor
for party) Whose address for service is: (Insert address for service) To: (Party being served with notice or
the solicitor for the party) (insert address) Form 32.06A (rule 32.06) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Notice to Produce at the
Trial or Hearing TAKE
NOTICE that you are hereby
required to produce and show to the Court on the (trial) (hearing) of this
proceeding all books, papers, letters, copies of letters and other writings and
documents in your custody, possession or control containing any entry,
memorandum or minute relating to the matters in question in this proceeding,
and in particular the following: (List the documents with dares and descriptions thereof.) DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) (Party serving notice/Solicitor
for party) Whose address for service is: (Insert address for service) To: (Party being served with notice or
the solicitor for the party) (insert address) Form 33.02A (rule 33.02) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Notice to Admit TAKE
NOTICE that the (insert name of party serving notice)
requests (insert name of party being
served with notice), within days after service of this notice, to
admit for the purposes of this proceeding only and subject to all objections to
admissibility that may be asserted at the trial or hearing. 1.
that each of the facts set out in Schedule A are true; 2.
that each of the documents listed in Schedule B (a true copy
of which is attached hereto, and if it is necessary, the document may be
inspected by immediately communicating with the undersigned): (a) that is specified to be an
original, was written, signed or executed as it purports to have been; (b) that is specified to be a
copy, is a true copy; and (c) that is stated to have been
served, sent or delivered was so served, sent or delivered; AND FURTHER TAKE NOTICE that, unless the Court otherwise orders,
the truth of any such fact and authenticity of any such document will be deemed
to be admitted, for the purposes of this proceeding only, unless you, within
the above period, serve upon me a statement that: (a) specifically denies the
truth of the fact or the authenticity of the document and sets forth in detail
the reasons why you cannot make the admission; (b) declares that the admission
of the truth of the fact or the authenticity of the document cannot be made on
the ground of privilege, irrelevancy, or (c) that the request is
otherwise improper and sets forth in detail the reasons therefore: DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) (Party serving notice/Solicitor
for party) Whose address for service is: (Insert address for service) To: (Party being served with notice or
the solicitor for the party) (insert address) Schedule A (Here set out
the facts to be admitted) Schedule B (Here list and
describe each attached document) Form 39B.02A (rule 39B.02) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Request for Settlement
Conference To the Court: 1.
The parties confirm that it is likely that this proceeding
will be resolved with the assistance of a judge. 2.
The parties confirm that the pleadings are closed in this
proceeding. 3.
The parties request that this proceeding be placed on the
Settlement Conference List. 4.
The parties estimate that the Settlement Conference will take
hours. DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Plaintiff/Solicitor for
Plaintiff DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Defendant/Solicitor for Defendant Form 40.04A (rule 40.04) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Certificate of Readiness 1.
The parties hereby jointly certify that, as of this date,
this proceeding is ready for trial and that -
pleadings have closed -
no amendments to pleadings are contemplated -
all relevant parties are before the court -
all examinations for discovery have been completed, or are
hereby waived -
all interrogatories have been delivered and answered, or are
hereby waived -
lists of documents have been exchanged in accordance with the
rules -
all appropriate pre-trial applications have been taken 2.
Current estimates of the
number of witnesses to be called are as follows (insert additional lines as necessary):
3.(a) Current estimates of the total of documents to be presented at
trial are as follows (insert additional
lines as necessary):
(b) A joint Book of
Documents will/will not (choose one)
be entered in evidence by consent. (c) It is anticipated
that (check as required):
audio recordings may be entered/played in evidence
video recordings may be entered/played in evidence
a view of may be required
a language interpreter may be required for the evidence
of . And the party or parties proposing same
hereby undertake to make all necessary arrangements to facilitate such
activities at trial. 4.
Current estimates of the number and area of expertise of
expert witnesses to be called to give evidence are as follows:
5.
It has been agreed that not more than sitting days is a reasonable time for the
hearing of all evidence and argument in this proceeding. OR
The parties are not in agreement as to their estimate of a
reasonable time for the hearing of all evidence and argument in this
proceeding. The estimates of each party
of the time involved in presentation of that party's case are as follows:
6.
The parties do/do not [delete one] request a settlement
conference in which case they estimate hours for its completion. 7.
The parties do/do not [delete one] request a mini-trial in
which case, they estimate hours for its completion. 8.
The trial record has been filed pursuant to Rule 40.04(1)(c). 9.
(Check box if
applicable)
Pursuant to the Jury
Act we hereby jointly request that this proceeding be tried by a Judge with
a Jury OR
This proceeding involves an action of defamation, malicious
prosecution, false imprisonment, seduction or breach of promise of marriage and
the hereby requests, pursuant to subsections 32(1)
and (2) of the Jury Act, that the
issues of fact be tried by a judge with a jury. OR
The hereby requests, pursuant to section 32(3) of
the Jury Act, that this proceeding be
tried by a judge with a jury, for the reasons that: 10.
The parties hereby request, or if a settlement conference or
mini-trial is requested, anticipate they will ultimately request:
the earliest available position on the General List; OR
a position that will result in trial not before ,
on the General List; OR
a fixed date, for the reasons that: (Set out reasons.) OR
an early fixed trial date, for the reasons that: (Set out reasons.) OR
The parties cannot agree on the manner and times of setting
down of this proceeding for trial:
11.
If the proceeding is settled before trial, we will give the
Registrar prompt notice of the settlement by filing a Memorandum of Settlement
or Notice of Discontinuance pursuant to Rule 39.03. 12.
If we undertake to give promptly to the Registrar notice in
writing of any information that may affect the estimated duration of trial or
any changes in contemplated procedure or any circumstance that may result in
delay of trial. 13.
The counsel who shall have carriage of the proceeding at
trial and/or who are authorized and will be fully briefed to attend and
participate in any pre-trial or other conference are:
14.
The parties jointly
estimate that hours is a reasonable time for the conduct of
the pre-trial conference in this proceeding. OR The parties
cannot agree as to the estimate of a reasonable time for the conduct of the
pre-trial conference. The longest
estimate of any party is hours. 15.
Practices outside of the judicial centre in
which the pre-trial conference will likely be held and therefore requests
permission to participate in any pre-trial conference by
telephone/teleconference and hereby agrees to be responsible for the actual
costs of such telephone call or teleconference. DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) First Plaintiff/Solicitor for
First Plaintiff DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Second Plaintiff/Solicitor
for Second Plaintiff DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Third Plaintiff/Solicitor for
Third Plaintiff DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) First Defendant/Solicitor for
First Defendant DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Second Defendant/Solicitor
for Second Defendant DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Third Defendant/Solicitor for
Third Defendant Form 46.23A (rule 46.23(1)) File number: 20____ ____ G __________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Subpoena TO: (insert name and address of witness) You are required to attend the trial of the
above proceeding in the Supreme Court, to be held in the Court House, at ,
(Where
applicable, insert) You are also required to bring with you to produce at
the above trial the following documents or things: (Describe
the documents or things.) Failure by you without adequate excuse to
obey this subpoena may be deemed a contempt of court and render you liable to
arrest and imprisonment. ISSUED at (city/town) in the (Affix seal of the court) (signature) Registrar/Registry clerk Form 46.23B (rule 46.23(5)) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Order to Bring Prisoner as
Witness TO THE SHERIFF OF IT
IS ORDERED THAT you bring before this Court at the Court House
in _
(city/town), Newfoundland and
Labrador, on (day of
the week) the _ (day of
the month) day of (month),
_______ (year), H.N., who is being
detained in the custody of, to give evidence on behalf of (plaintiff) (defendant),
and so on from day to day until the end of the trial when you shall take him or
her back without delay to the custody from which he or she was brought. AND,
IT IS ORDERED THAT the
person having custody of H.N. deliver H.N. to the Sheriff of DATED at (city/town) in the (signature) Registrar/Registry clerk Form 46.28A (rule 46.28) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Warrant for Arrest of a
Defaulting Witness TO THE SHERIFF OF WHEREAS
IT had been made to appear
to me that H.N. has been duly served with a subpoena or order requiring him or
her to attend and give evidence on behalf of the (plaintiff) (defendant) at the
trial of this proceeding which commenced on the
day of ,
20 , that his or her fees
for travel and attendance have been paid or tendered to him or her, that the
said H.N. refuses or neglects to attend to give evidence as required by the
subpoena or order and that his or her evidence is material. IT
IS ORDERED THAT you arrest
H.N. and bring H.N. before me on the day of , 20 , for the
purpose of giving evidence in proceeding, and to be further dealt with
according to the law. DATED at (city/town) in the (signature) Registrar/Registry clerk Form 47.01A (rule 47.01(2)(a)) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Order for Examination of
Persons within the Jurisdiction Before the Honourable Justice . ON HEARING ,
and ON READING the affidavit of , sworn to (or affirmed) on the day of , 20 . IT IS ORDERED THAT A.B., of ,
and C.D., of persons to be examined on behalf of the (plaintiff)
(defendant) and any other person as solicitors or agents of the parties
mutually request the examiner in writing to examine , be orally examined,
cross-examined and re-examined on oath or affirmation, before ,
as Examiner. AND IT IS ORDERED THAT the examiner appoint a time and place for
the examination and give day's notice in writing of the time and place
to each person to be examined and to each party, his or her solicitor or agent,
unless the notice is waived. AND IT IS ORDERED THAT the dispositions taken at the examination,
together with any book, letter, paper or document referred to therein, or
certified copies of the same or extracts therefrom be filed with the Supreme
Court of Newfoundland and Labrador at and that a certified copy may be read and used
in evidence at the (trial) (hearing) of this proceedings, saving all just
exceptions, without any further proof of the absence at the (trial) (hearing)
of any of the persons examined other than the affidavit of the solicitor or agent
of the party using the same, as to his or her belief, and that the costs of
this application and the examination be . DATED at (city/town) in the (signature) Registrar/Registry clerk Form 47.01B (rule 47.01(2)(b)) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Order for Examination of
Persons Out of the Jurisdiction Before the Honourable Justice . ON HEARING ,
and ON READING the affidavit of , sworn to (or affirmed) on the day of , 20 . IT
IS ORDERED THAT A.B. of is appointed an examiner for the purpose
of taking the examination, cross-examination and re-examination orally, on oath
or affirmation, of A.B., of , and C.D. of persons to be examined on the part of the (plaintiff)
(defendant), and of any other persons as the solicitors or agents of the
parties shall mutually request the examiner in writing to examine, in (name
of province, territory or country). AND
IT IS ORDERED THAT the
solicitor for the applicant give to the solicitor of each of the other parties days notice in writing of the date on which
the solicitor for the applicant proposes to send out this order to the examiner
for execution, and that days after the service of the notice the
solicitors for the parties respectively do exchange the names of their
solicitors or agents at , to whom notice relating to the examination
of the persons may be sent. AND
IT IS ORDERED THAT days notice (exclusive of Saturday and Sunday)
before the examination of any person hereunder shall be given by the examiner
to the solicitor or agent of each of the parties and to each person to be
examined unless the notice is waived. AND
IT IS ORDERED THAT the
examination be conducted in accordance with the enclosed instructions, with
such modifications as may be necessary. AND
IT IS ORDERED THAT the
depositions when taken, together with any book, letter, paper or document,
referred to therein, or certified copies of the same or extracts therefrom, be
sent by the examiner, under seal, to the Supreme Court of Newfoundland and
Labrador at , on or before the day
of ,
20, ,
or such other day as may be ordered, thereto to be filed. AND
IT IS ORDERED THAT either
party be at liberty to read and use the depositions in evidence on the (trial)
(hearing) of this proceeding, saving all just exceptions, without any further
proof of the absence at the (trial) (hearing) of the persons examined other
than the affidavit of the solicitor or agent of the party using the same as to
his or her belief. AND
IT IS ORDERED THAT the
(trial) (hearing) of this proceeding is stayed until the filing of the
depositions, and that the costs of and incidental to this order and the
examination be . DATED at (city/town) in the (signature) Registrar/Registry clerk Form 47.01C (rule 47.01(2)(c)) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Order for Issue of a Letter
of Request of Judicial Authority Out of the Jurisdiction Before the Honourable Justice . ON HEARING ,
and ON READING the affidavit of , sworn to (or affirmed) on the day of , 20 . IT IS ORDERED THAT a letter of request to be issued directed
to the proper judicial authority for the examination of the following persons,
namely: E.F. of ,
G.H. of and such other persons as the solicitors or
agents of the parties shall mutually request the judicial authority in writing
to examine. AND IT IS ORDERED THAT the deposition taken pursuant thereto,
when received, be file with the Supreme Court of Newfoundland and Labrador at, ,
Newfoundland and Labrador, and that the certified copy thereof may be read and
used in evidence on the (trial) (hearing) of this proceeding, saving all just
exceptions, without any further proof of the absence at the (trial) (hearing)
of any of the persons examined other than the affidavit of the solicitor or
agent of the party using the same as to his or her belief. AND IT IS ORDERED THAT the (trial) (hearing) of this proceeding
be stayed until the depositions have been filed, and that the costs of and
incidental to this order, letter of request and examination be . DATED at (city/town) in the (signature) Registrar/Registry clerk Form 47.01D (rule 47.01(2)(c)) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Letter of Request for
Examination of Witness Out of the Jurisdiction To the Judicial Authority of in the of . WHEREAS a proceeding is now pending in the Supreme
Court of Newfoundland and Labrador, (General/Family Division) in which A.B. is
plaintiff and C.D. is defendant and in which the plaintiff claims (set out
particulars of claim); AND WHEREAS it has been represented to the Court that
it is necessary for the purposes of justice and for the due determination of he
matters in dispute between the parties that the following persons should be
examined, upon oath or affirmation touching such matters, namely A.B. of ,
and C.D. of and such other persons as the solicitors or
agents of the parties shall mutually request you in writing to examine, and it
appears that such persons are resident within your jurisdiction. NOW THEREFORE I, M.N., a Judge of the Supreme Court of
Newfoundland and Labrador (General/Family Division), hereby request that for
the reasons aforesaid and for the assistance of the Court, you will be pleased
to summon the solicitors or agents of the parties and the persons to be
examined, to attend at such time and place as you shall appoint, either before
you or such other person as according to your procedure is competent to take
the examination of witnesses, and that you will cause such person to be
examined orally or by interrogatories touching the matters in question, in the
presence of the solicitors or agents of the plaintiff and defendant, or such of
them as shall, on due notice given, attend the examination. AND I FURTHER REQUEST THAT you will permit the solicitors or agent of
any party, or such of them as shall be present to examine orally or by interrogatories,
any person, as may, after due notice in writing, be produced on his or her
behalf, and the opposing party to cross-examine the person orally or by
interrogatories, and the party producing the person for examination to
re-examine him or her orally or by interrogatories. AND I FURTHER REQUEST THAT you will be pleased to cause the evidence
of any such person to be reduced into writing, and nay book, letter, paper and
document produced on the examination to be duly marked for identification, and you
will be further pleased to authenticate the deposition taken on the examination
and any book, letter, paper or document, or a certified copy of the same or any
extract therefrom by the seal of your tribunal or in such other ways as is in accordance with your procedure, and to return
the same, together with any interrogatories and a note of the charges and
expenses payable in respect of the execution of this request to the Under
Secretary of State for External Affairs of Canada at , Ottawa,
Canada, for transmission to the Registrar, at ,
Newfoundland and Labrador. AND IF FURTHER REQUEST THAT you will cause the examination to be
conducted in accordance with the enclosed instructions, with such modifications
as may be necessary. DATED at (city/town) in the (signature) Registrar/Registry clerk Form 49.01A (rule
49.01) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Default
Order As the Defendant has not served a defence
on the Plaintiff, IT IS THIS DAY ORDERED
THAT,
DATED at (city/town) in the (signature) Registrar/Registry clerk Form 49.01B (rule
49.01) File number: 20____ ____ G __________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Final
Order After Assessment of Damages, Etc. Before the Honourable _________
Justice____________ UPON
IT APPEARING THAT the
plaintiff on the ___________ day of ____________, 20_____, obtained an
interlocutory order herein against the defendant for damages to be assessed (or
as the case may be); IT
IS THIS DAY ORDERED the
defendant pay to the plaintiff the sum of $________ and costs to be taxed (or
as the case may be). DATED at (city/town) in the (signature) Registrar/Registry clerk Form 49.01C (rule
49.01) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Summary
Order Under rule 17.02 Before the Honourable _________
Justice____________ UPON
IT APPEARING THAT the
plaintiff has made application under rule 17.02 for a summary order against the
defendant on the claim herein; IT
IS ORDERED THAT the
defendant (pay
to the plaintiff the sum of $________ and $ ________ costs (costs to be
taxed)). OR (pay to the plaintiff damages to be
assessed) OR (deliver
to the plaintiff the goods described in the statement of claim __________ (or
pay the plaintiff the value of the goods to be assessed) (and also damages for
their detention to be assessed) and costs to be taxed.) OR (deliver
to the plaintiff possession of the land described in the statement of the claim
as _______ and costs to be taxed.) DATED at (city/town) in the (signature) Registrar/Registry clerk Form 49.01D (rule
49.01) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF NEWFOUNDLAND
AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Order
After Trial Without a Jury THIS PROCEEDING having come on for trial before the Honourable
_________ Justice____________ at ___________, AND
evidence having been adduced and counsel having been heard on behalf of the
plaintiff and defendant; AND
the Honourable ________ Justice ___________ having reserved _____________
decision at the conclusion of the trial which decision was subsequently filed
on the ________ day of ___________, 20____; IT
IS ORDERED THAT the
defendant ________ pay to the plaintiff the sum of $________ and costs of the
proceeding to be taxed (or as may be according to the decision). DATED at (city/town) in the (signature) Registrar/Registry clerk Form 49.01E (rule
49.01) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding as
necessary.) Order
After Trial With a Jury THIS PROCEEDING having come on for trial before the Honourable
_________ Justice____________, with a jury at ___________, AND
evidence having been adduced and counsel having been heard on behalf of the
plaintiff and defendant; AND
the following questions having been submitted to the jury and they having
returned the following answers thereto: (Set out the questions and answers.) AND
the Honourable ________ Justice ___________ having ordered that judgment be
entered for the plaintiff against the defendant for $________ and costs to be
taxed (or as the case may be); IT
IS ORDERED THAT the
defendant pay to the plaintiff the sum of $________ and costs to be taxed (or
as the case may be). DATED
at (city/town) in the (signature) Registrar/Registry clerk Form 49.11A (rule
49.11) File number: 20____ ____ G __________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Satisfaction
Piece Satisfaction is acknowledge of the order entered by
the (plaintiff) (defendant) against the (defendant) (plaintiff) on the
___________ day of _____________, 20_______, for the sum of $______ and costs
of $______ DATED at (city/town) in the (signature) Registrar/Registry clerk Form 49.13A (rule
49.13(1)(c)) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Notice
to a Non-party To: (Name of
non-party to be served) TAKE
NOTICE that if you as the
(executor) (administrator) (trustee) of the estate of A.B., deceased, (or as
the case may be), wish to have the order of the Honourable _____________
Justice ____________, dated the ____________ day of _______________,
20________, amended or discharged, application must be made to the Court at
________________________, Newfoundland and Labrador within 30 days from the
date of service of this notice on you failing which you will be bound by the
order to the same extent as if you had been a party to the proceeding. DATED at (city/town)
in the (signature) Registrar/Registry clerk Form 49.18A (rule
49.18(2)) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Notice
of Disallowance TO: A.B., ____________________ Street
__________________, Newfoundland and Labrador TAKE
NOTICE THAT on the
adjudication of the claims of the creditors and other claimants (or as the case
may be) in the above proceeding, the Honourable _______________ Justice
_______________, by order dated the __________ day of ____________, 20________,
(allowed your claim in the amount of $______________) (disallowed your claim); AND
TAKE NOTICE THAT if you
are dissatisfied with the amount allowed or the disallowance of your claim, you
must, within ten days from the receipt of this notice apply to the Supreme
Court of Newfoundland and ADDRESS:
(insert
the address of the Supreme Court of DATED at (city/town)
in the (signature) Registrar/Registry clerk Form 52.02A (rule
52.02) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Interim
Receivership Order Before
the Honourable _________ Justice____________ UPON
HEARING M. N., for the
plaintiff and UPON READING the affidavit of O.P., sworn (or affirmed) the
____________ day of ______________ 20 _____________, filed herein, AND
UPON the plaintiff by the
plaintiff's solicitor hereby undertaking to abide by any order the Court may
make as to damages in case the Court shall hereafter be of the opinion that the
defendant shall have sustained any by reason of this order; IT
IS ORDERED THAT the
hearing of the application by the plaintiff for the appointment of Q.R., as the
receiver in this proceeding to (receive he rents, profits and moneys payable in
respect of the defendant's interest in the following property, namely,
(describe it), on or towards satisfaction of an order herein, dated the
_______________ day of ______________ 20 __________, which ordered the
defendant to pay to the plaintiff the sum of $__________ dollars and the sum of
$ _____________ dollars costs, together with interest on the order) or ( as the
case may be), be held at the Court House at ___________, Newfoundland and
Labrador, on the ___________ day of ________________, 20 _______, at the hour
of __________ o'clock __________.m., or as soon thereafter as counsel can be
heard; IT
IS FURTHER ORDERED THAT
the defendant, by himself, herself or itself or by his, her or its servants or
agents, is restrained, and an injunction is hereby granted restraining them, or
any of them until the completion of the hearing of the above application from
(selling, charging or otherwise dealing with the property), (or as the case may
be). DATED at (city/town)
in the (signature) Registrar/Registry clerk Form 52.02B (rule 52.02) File number: 20____ ____ G __________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Receivership
Order Before the Honourable __________ Justice
__________________ UPON HEARING M.N., for the plaintiff, and O.P., for the
defendant, AND UPON READING the
affidavit of, etc.: IT IS ORDERED THAT Q.R. be appointed a receiver, upon first giving
security as herein provided, to (receive the rents, profits and moneys
receivable in respect of the defendant's interest in the following property,
namely (describe property) in or
towards satisfaction of the order herein, and dated the _______day of
________________, 20____ , that ordered the defendant to pay to the plaintiff
the sum of $__________ dollars and the sum of $__________ dollars costs,
together with interest as therein provided) or (as the case may be); IT IS FURTHER ORDERED THAT Q.R. shall not act as a receiver hereunder until
there is filed with the Court a bond in an amount equal to one and one quarter
times the amount of the judgment entered herein, with two sufficient sureties
or other sufficient security approved by the Court, on condition that the
receiver will comply with all the terms and conditions of this order; IT IS FURTHER ORDERED THAT the appointment of the receiver herein is
made without prejudice to the right of any prior encumbrancer to take
possession of the property by virtue of the encumbrancer's lien or security; IT IS FURTHER ORDERED THAT the receiver may, if the receiver considers
it necessary, (out of the rents, profits and moneys to be received by the
receiver, pay the interest due upon any prior encumbrance, according to its
priorities, and be allowed the payments on the passing of his or her accounts),
(or as the case may be); (IT IS FURTHER
ORDERED THAT the tenants
of the property attorn and pay their rents, in arrears or due in the future, to
the receiver until the termination of this order); IT IS FURTHER ORDERED THAT the receiver shall, on the _______day of
_______________ , 20____ , and at such further and other times as may be
ordered by the Court, file his or her accounts with the Court and have them
passed by the Court; IT IS FURTHER ORDERED THAT the costs of the receiver, including the
receiver's remuneration, shall not exceed _______ per cent of the amount
recovered by the receiver hereunder, which costs shall be approved by the
Court; AND IT IS FURTHER ORDERED THAT the balance remaining in the hands of the
receiver shall, unless it is otherwise ordered by the Court, be paid forthwith
by the receiver into Court to the credit of the proceeding, subject to any
further order. AND IT IS FURTHER ORDERED THAT the defendant, by himself, herself or
itself or his, her or its servants or agents, is restrained and an injunction
is hereby granted restraining them, or any of them, until the Court otherwise
orders, from (selling, charging or otherwise dealing with the above property)
or (as the case may be); AND IT IS FURTHER ORDERED THAT any of the parties or the receiver may
apply to the Court from time to time for a further order. DATED at (city/town)
in the (signature) Registrar/Registry clerk Form 53.03A (rule
53.03) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify
title of proceeding as necessary.) Order
of Appearance Before the Honourable _________
Justice____________ UPON
THE APPLICATION OF
__________________. AND UPON READING the affidavit of ____________________,
filed herein: IT
IS ORDERED THAT the
sheriff cause A.B. to appear before the Court (forthwith) (on the ________ day
of _________, 20_______, at the hour of ___________.m.), to show cause why A.B.
should not be held in contempt of court and, if required, to perform or abide
by such other order as the Court may make; IT
IS FURTHER ORDERED THAT
the sheriff may take A.B. into custody and hold him or her if required
hereunder DATED at (city/town)
in the (signature) Registrar/Registry clerk Form 53.04A (rule
53.04) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify
title of proceeding as necessary.) Contempt
Order Before the Honourable _________
Justice____________ UPON
THE APPLICATION OF M.N.,
of counsel for the (plaintiff) (defendant) AND UPON READING the affidavit of
_______________, filed herein, and the affidavit of _______________, filed
herein, verifying service on the (defendant) (plaintiff) of a (copy of the
order of this Court dated, etc.,), (this application and any supporting
affidavit); AND
UPON it appearing to the
satisfaction of the Court that the (defendant) (plaintiff) has been guilty of
contempt of court in that (state the contempt); (IT
IS ORDERED THAT for his or her contempt, the (defendant) (plaintiff) be
committed to the ________________ (prison) ____________ to be there imprisoned
until ______________); (IT
IS ORDERED THAT this order shall not be executed if the (defendant)
(plaintiff) complies with the following terms) (state the terms); (IT
IS ORDERED THAT the sheriff enter upon and take possession of all the
following property of the (defendant) (plaintiff) and collect and receive the
rents, profits and income thereof until the (defendant) (plaintiff) clears his
or her contempt by complying with the following provisions of the order of the
Honourable __________ Justice _________, dated the __________ day of
___________, 20, _______, namely, etc.) DATED at (city/town) in the (signature) Registrar/Registry clerk Form 56.04A (rule
56.04) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In the Estate of ____________________, of the _______
of _________________in the Province of ____________________, ______________________
(occupation), deceased, who died on or about the ________ day of
_______________, 20_____ Notice of Application FIVE
DAYS after the date
hereof, application will be made to one of the judges of the General Division
of the Supreme Court of Newfoundland and Labrador, for Letters of
______________ to be granted to ____________________ DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Intended Applicant/Solicitor for Intended Applicant Whose address for service is: __________________________
__________________________ Telephone
#: __________________________ Note: This Notice of Application will lapse and
be of no further force or effect 6 months from the date of its posting in the
Registry of the Court unless within that time an application for letters of
probate or administration, as the case may be, is filed with the Court, or
unless, within that time, a Caveat opposing such application is filed with the
Court. I HEREBY CERTIFY that the above Notice of Application has
been posted in the Registry of the Court from the date thereof to the present
day, and that no caveat or other objection has been entered. DATED at (city/town)
in the (signature) Registrar/Registry clerk Form 56.04AA (rule
56.04A) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION Caveat In the Estate of _______________, of the ______________ of
________________ in the Province of ___________________________,
___________________, deceased, who died on or about the _______________ day of
________________, _________.
(occupation) The undersigned opposes the
issuing of a grant of Letters of Probate or Letters of Administration. No action shall be taken with respect to this
Estate until the undersigned has been notified and given an opportunity to be
heard. DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Caveator/Solicitor for Caveator Whose address for service is: __________________________
__________________________ Telephone
#: __________________________ Form 56.04AB (rule
56.04A) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION Withdrawal
of Caveat In
the Estate of _______________, of the ______________ of ________________ in the
Province of ___________________________, ___________________, deceased, who
died on or about the _______________ day of ________________, _________. (occupation) The undersigned hereby withdraws the Caveat
entered in this Estate. DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Caveator/Solicitor for Caveator Whose address for service is: __________________________
__________________________ Telephone
#: __________________________ Note: Upon the filling of this Withdrawal of Caveat, the Caveat entered in this estate will be of no further force or effect. Form 56.05A (rule
56.05) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In
the Estate of
_________________, deceased Petition for Probate, Administration or Guardianship To the Supreme Court of The petition of (name of petitioner) says 1. (Set
out the material facts, in numbered paragraphs.) 2. The petitioner therefore applies for a
grant of Letters of __________ of the estate of _____________________ to be
issued to the petitioner _________________________ (or as the case may be). DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Petitioner/Solicitor for Petitioner Form 56.10A (rule
56.10) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In
the Estate of
_________________, deceased Inventory and Valuation of the Property of the said
Estate.
I, ____________ make oath (or affirm) and
say that I am ______________ and that the above is, to the best of my
knowledge, information and belief, a just and true Inventory and Valuation of
all property in the estate (at the time of ____________ ‘s death) as far as I
can at present ascertain. SWORN/AFFIRMED at _____________________ (city/town), ________________________ (province or, if outside of _____________________ (signature) Commissioner, notary public, etc. _____________________ (signature of affiant) Form 56.11A (rule
56.11) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In
the Estate of
_________________, deceased Proof of Will I, _____________,
of __________________ in the Province of Newfoundland and Labrador, make oath
(or affirm) and say that on the ___________ day of _________, 20 _____ I was present
and did see ____________________ late of ______________, in the Province
aforesaid ________ the Testa ______ named in the paper writing hereunto
annexed, marked A, duly sign, publish and declare the said annexed paper
writing, as and for ______ last Will and Testament in my presence, and in the
presence of ________ the other subscribing witness thereto. That I and the said __________ then and there
signed our names to such Will as such witnesses, in the presence of the said
Testa ______. And that at the time of
the said execution of the said Will the said Testa ______ was of sound and
disposing mind, memory and understanding to the best of my belief. SWORN/AFFIRMED at _____________________ (city/town), ________________________ (province or, if outside of _____________________ (signature) Commissioner, notary public, etc. _____________________ (signature of affiant) Form 56.11B (rule
56.11) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In
the Estate of
_________________, deceased Affidavit Proving Execution of a Holograph Will I, _____________ of __________________ in
the _________ of ______________, make oath (or affirm) and say: 1.
That I knew the said deceased in his or her lifetime and was
present and did see the said deceased write and sign with his or her own hand
the paper writing hereunto annexed and marked as Exhibit “A” to this my
affidavit. OR 2.
That I knew and was well acquainted with __________ the
deceased for many years before and down to the time of his or her death and
that during such period I have frequently seen him or her write and also
subscribe his or her name to documents whereby I have become well acquainted
with his or her handwriting and having now carefully perused and inspected the
paper writing now produced to me and marked with my signature and purporting to
be and contain the last will and testament of the deceased and bearing date
_____ and being subscribed thus ____ 3.
That I verily believe the whole of the will together with the
signature subscribed thereto to be of the true and proper handwriting of the
deceased. SWORN/AFFIRMED at _____________________ (city/town), ________________________ (province or, if outside of _____________________ (signature) Commissioner,
notary public, etc. _____________________ (signature of affiant)
Form 56.12A (rule
56.12) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In
the Estate of
_________________, deceased Affidavit Verifying Translation of a Will Written in a
Language Other than the English Language I, _____________ of __________________ in
the _________ of ______________, make oath (or affirm) and say: 1.
That I am well acquainted with the __________ and English
languages and can read, write and speak fluently in both the said languages,
and am competent to translate documents from the _________ language into the
English language. 2.
That I have perused the paper writing now produced and shown
to me and marked as Exhibit “A” to this my affidavit which said Exhibit
purports to be the original last will and testament of ________________
deceased, and is written in the _________ language. 3.
That I have made a translation of the said will into the
English language which said translation is now produced and shown to me and
marked as Exhibit “B” to this my affidavit, and I say that the said Exhibit “B”
is true and faithful translation of the said will from the _________ language
into the English language. SWORN/AFFIRMED at _____________________ (city/town), ________________________ (province or, if outside of _____________________ (signature) Commissioner, notary public, etc. _____________________ (signature of affiant) Form 56.21A (rule
56.21) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In
the Estate of _________________,
deceased Administration Bond Know all persons by these
Presents THAT WE _______________________________ are jointly and severally
bound unto Her Majesty Queen Elizabeth II, Her Heirs and Successors according
to law in the sum of $ ___________ dollars to be paid to Her Majesty Queen
Elizabeth II Her Heirs and Successors according to law, for which payment, well
and truly to be made, we bind ourselves and each of us for the whole, our and
each of our Executors, and Administrators, firmly by these presents, Sealed
with our seals. DATED the ________ day of ________, 20________. The Condition of this Obligation is such that if the above named __________,
Administrat _________ of all the Estate and Effects of _________ late of
___________, in the Province of Newfoundland and Labrador, ___________,
deceased, (who died on or about the ___________ day of ______, 20 ________),
do, when lawfully called on in that behalf, make, or cause to be made a true
and perfect inventory of all and singular the Estate and Effects of the said
deceased, which have or shall come into _____ hands, possessions or knowledge,
or into the hands or possession of any other person or persons for
____________, and the same so made do exhibit, or cause to be exhibited, in the
Registry of the Supreme Court of Newfoundland and Labrador whenever required by
law so to do, and the same Estate and Effects and all other Estate and Effects
of the said deceased at the time of _____ death, which at any time after shall
come into ____ hands or possession, or into the hands or possession of any
other person or persons for _____, do well and truly administer according to
law, that is to say, do pay the debts which the deceased did owe at _____
decease, and further do make or cause to be made a just and true account of
______ said administration within twelve months from this date, or whenever
required by law so to do, and all the rest and residue of the said Estate and
Effects, do deliver and pay unto such person or persons respectively as shall
be entitled thereto under any law now in force or that may hereafter be in
force in the Province of Newfoundland and Labrador; and if it shall hereafter
appear that any last will and testament was made by the deceased, and the
Executor or Executors therein named do exhibit the same unto the said Court,
making request to have it allowed and approved accordingly if the said being
thereunto required, do render and deliver the said Letters of Administration
(approbation of such testament being first had and made) in the said Court;
then this Obligation to be void and of no effect or else to remain in full
force and virtue. SIGNED,
SEALED AND DELIVERED In
the presence of: ________________________________ ________________________________ ________________________________ File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In
the Estate of
_________________, deceased I, _____________
make oath (or affirm) and say; that I was present and did see the within Bond
duly executed by the parties named therein; and that the name
____________________ set and subscribed as a witness thereto, is of the proper
handwriting of me, this deponent, and that the same was executed at
__________________ SWORN/AFFIRMED at _____________________ (city/town), ________________________ (province or, if outside of _____________________ _____________________ (signature) (signature of affiant) Commissioner, notary public, etc ==================================================== IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION --------------------- In re deceased. ----------------------------------- Administration Bond ---------------------------------- ==================================================== IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In the Estate of ________________, deceased. We, _________________________________________________ severally
make oath (or affirm) and say: That we are the proposed
Sureties on behalf of _______________ the intended Administrat_____________ of
all and Singular the Estate and Effects of _____________ deceased, in the
within Bond named, for the faithful administration of the said Estate and
Effects of the said deceased; and I the said ___________________ for myself
make oath (or affirm) and say that I am worth property to the amount of ______
dollars, over and above all encumbrances, and over and above what will pay my
debts, and every other sum for which I am now bail, or which I am liable as
surety or endorse or otherwise and I the said ___________________ for myself make oath (or affirm) and say that
I am worth property to the amount of _____ dollars, over and above what will
pay my debts, and every other sum for which I am now bail, or for which I am
liable as surety or endorser, or otherwise. SWORN/AFFIRMED at _____________________ (city/town), ________________________ (province or, if outside of _____________________ (signature) Commissioner, notary public, etc. _____________________ (signature of affiant) _____________________ (signature of affiant) Form 56.21B (rule
56.21) IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In
the Estate of
_________________, deceased Administration Bond With Will Annexed Know all men by these Presents
THAT WE _______________ are jointly
and severally bound unto Her Majesty Queen Elizabeth II Her Heirs and
Successors according to law in the sum of ___________ dollars to be paid to Her
Majesty Queen Elizabeth II Her Heirs and Successors according to law, for which
payment, well and truly to be made, we bind ourselves and each of us for the
whole, our and each of our Executors, and Administrators, firmly by these
presents, Sealed with our seals. Dated the ________ day of ________, 20________. The condition of this Obligation is such that if the above named __________
Administrat _________ of all the Estate and Effects of _________, late of
___________ in the Province of Newfoundland and Labrador ___________ deceased
(who died on or about the ___________ day of ______, 20 ________), do, when
lawfully called on in that behalf, make, or cause to be made a true and perfect
inventory of all and singular the Estate and Effects of the said deceased,
which have or shall come into _____ hands, possessions or knowledge, or into
the hands or possession of any other person or persons for ____________, and
the same so made do exhibit, or cause to be exhibited, into the Registry of the
Supreme Court of Newfoundland and Labrador whenever required by law so to do,
and the same Estate and effects and all other Estate and Effects of the said
deceased at the time of _____ death, which at any time after shall come into
____ hands or possession, or into the hands or possession of any other person
or persons for _____, do well and truly administer according to law, that is to
say, do pay the debt which the said deceased did owe at _____ decease and then
the Legacies contained in the said Will annexed to the said Letters of
Administration to ______________ committed, so far as such property will
thereunto extend and the law bind ______; and further, do make, or cause to be
made, a full true and just account of ______ said administration within twelve
months or sooner if thereunto require and all the rest and residue of the said
Estate and Effects shall deliver and pay unto such person or persons as shall
be by law entitled thereto; then this Obligation to be void and of no effect,
or else to remain in full force and effect. SIGNED,
SEALED AND DELIVERED In
the presence of: ________________________________ ________________________________ ________________________________ File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In
the Estate of
_________________, deceased I, _____________
make oath (or affirm) and say; that I was present and did see the within Bond
duly executed by the parties named therein; and that the name
____________________ set and subscribed as a witness thereto, is of the proper
handwriting of me, this deponent, and that the same was executed at
__________________ SWORN/AFFIRMED at _____________________ (city/town), ________________________ (province or, if outside of _____________________ _____________________ (signature) (signature of affiant) Commissioner, notary public, etc. ==================================================== IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION --------------------- In re deceased. ----------------------------------- Administration Bond with the will annexed ---------------------------------- ==================================================== IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In the Estate of ________________, deceased. We, _________________________________________________ severally
make oath (or affirm) and say: That we are the proposed
Sureties on behalf of _______________ the intended Administrat_____________ of
all and Singular the Estate and Effects of _____________ deceased, in the
within Bond named, for the faithful administration of the said Estate and
Effects of the said deceased; and I the said ___________________ for myself
make oath (or affirm) and say that I am worth property to the amount of ______
dollars, over and above all encumbrances, and over and above what will pay my
debts, and every other sum for which I am now bail, or which I am liable as
surety or endorse or otherwise and I the said ___________________ for myself make oath (or affirm) and say that
I am worth property to the amount of _____ dollars, over and above what will
pay my debts, and every other sum for which I am now bail, or for which I am
liable as surety or endorser, or otherwise. SWORN/AFFIRMED at _____________________ (city/town), ________________________ (province or, if outside of _____________________ (signature) Commissioner, notary public, etc. _____________________ (signature of affiant) _____________________ (signature of affiant) Form 56.21C (rule
56.21) IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In
the Estate of _________________, a minor Guardianship Bond Be it remembered that on this
_________ day of _________, 20 ____ __________________________ personally
appeared and did acknowledge themselves to be held and firmly bound to Her
Majesty Queen Elizabeth II Her Heirs and Successors according to law, in the
sum of ______ to be had, made and levied on their Goods, Chattels and Effects,
jointly and severally if default is made in any of the conditions following: Now the Condition of this Obligation is such that if the above named
_________________________ shall duly and faithfully act as Guardian of the
Estate and Effects of _______ a minor under the age of Nineteen years, and
shall do and pay and dispose of such Estate in such manner as the said Court shall
direct, then this Obligation to be void and of no effect, or else to be and
remain in full force and virtue. SIGNED,
SEALED AND DELIVERED In
the presence of: ________________________________ ________________________________ ________________________________ File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In
the Estate of _________________,
a minor I, _____________
make oath (or affirm) and say; that I was present and did see the within Bond
duly executed by the parties named therein; and that the name
____________________ set and subscribed as a witness thereto, is of the proper
handwriting of me, this deponent, and that the same was executed at
__________________ SWORN/AFFIRMED at _____________________ (city/town), ________________________ (province or, if outside of _____________________ _____________________ (signature) (signature of affiant) Commissioner, notary public, etc. ==================================================== IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION --------------------- In re a minor. ----------------------------------- Guardianship Bond ---------------------------------- ==================================================== IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In the Estate of ________________, deceased. We, _________________________________________________ severally
make oath (or affirm) and say: That we are the proposed
Sureties on behalf of _______________ the intended Guardian of all and Singular
the Estate of _____________, a minor, in the within Bond named, for the
faithful administration of the said Estate of the said minor; and I the said
___________________ for myself make oath (or affirm) and say that I am worth
property to the amount of ______ dollars, over and above all encumbrances, and
over and above what will pay my debts, and every other sum for which I am now
bail, or which I am liable as surety or endorse or otherwise and I the said
___________________ for myself make oath
(or affirm) and say that I am worth property to the amount of _____ dollars,
over and above what will pay my debts, and every other sum for which I am now
bail, or for which I am liable as surety or endorser, or otherwise. SWORN/AFFIRMED at _____________________ (city/town), ________________________ (province or, if outside of _____________________ (signature) Commissioner, notary public, etc. _____________________ (signature of affiant) _____________________ (signature of affiant) Form 56.29A (rule
56.29) IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In
the Estate of
_________________, deceased. Form of Release Know all men by these presents that I,_____________ of ______________ in the
________________ of __________ do hereby acknowledge that I have received from
the legal personal representative of the above named estate satisfactory
accounting of, and full payment and satisfaction of all sums of money and
benefits accrued to me from the said estate: And, therefore, I do hereby
release and forever discharge the said legal personal representative of the
said estate, his or her executors, administrators, successors and assigns of
all claims and demands against the said estate and the assets thereof, and
touching and concerning the management and disposition of the said estate. IN
WITNESS WHEREOF I have hereunto set my hand and seal this _______ day of
________, 20_______. ____________________ SIGNED,
SEALED AND DELIVERED in
the presence of: ________________________________ A COMMISSIONER, etc. Form 56.29B (rule
56.29) IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In
the Estate of
_________________, deceased. Affidavit of Execution of a Release I, _____________ of
______________ in the ________________ of __________ make oath (or affirm) and
say: 1.
That I was personally present and did see ____________ named
in the (within or annexed) Release, who is personally known to me to be the
person named therein, duly sign and execute the same for the purposes named
therein; 2.
That the same was executed at ___________ in the _________
and that I am the subscribing witness thereto; 3.
That I, _________ known the said _________ and _________ is
in my belief of the full age of 19 years. SWORN/AFFIRMED at _____________________ (city/town), ________________________ (province or, if outside of _____________________ (signature) Commissioner, notary public, etc. _____________________ (signature of affiant) Form 56.33A (rule
56.33) IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In
the Estate of
_________________, a minor. Oath (Or Affirmation) of Guardian I, _____________ of
_____________ in the Province of Newfoundland and Labrador, _____make oath (or
affirm) and say that I will well and faithfully manage to the best advantage
the property of ________ committed to my care and will pay and dispose of
__________ estate in such manner as the Court shall direct; that I will well
and truly perform and discharge all the duties which belong to me as Guardian
of the said estate according to the laws of this Province; that I will render a
just and true account thereof to the Supreme Court thereunto lawfully required,
or to the said minor when _____ shall become of age; and that the gross value
of the said estate is _____ dollars and no more according to the best of my
knowledge, information and belief. SWORN/AFFIRMED at _____________________ (city/town), ________________________ (province or, if outside of _____________________ _____________________ (signature) (signature of affiant) Commissioner, notary public, etc. Form 56.33B (rule
56.33) IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In
the Estate of
_________________, deceased. Oath (Or Affirmation) of Executor I, _____________ of
______________ in the Province of Newfoundland and Labrador, ______, make oath
(or affirm) and say that _________ late
of ________ deceased died with a Will, that I am _______ therein named; that I
will well and faithfully administer the estate and effects of the testat______
by paying _____ just debts and the legacies contained in _______ Will so far as
the same shall thereto extend and the law bind me, and by distributing the
residue (if any) of the said estate and effects according to law; that I will
exhibit under oath (or affirmation) a true, full and perfect inventory of all
and singular the estate and effects of the testat_____, and render a just and
true account thereof whenever required by law so to do; that the testat _____
died at _____ on the _____ day of _____, 20____; and that the gross value of
the estate and effects of the said testat_____ is _____ dollars, and no more,
according to the best of my knowledge, information and belief. SWORN/AFFIRMED at _____________________ (city/town),
________________________ (province or, if outside of _____________________ (signature) Commissioner, notary public, etc. _____________________ (signature of affiant) ==================================================== IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION --------------------- In re deceased. ----------------------------------- Oath of Executor ---------------------------------- Probate
granted to On
the ______ day of _____, 20 ____; Value
of Estate $ ===================================================== Form 56.33C (rule
56.33) IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In
the Estate of
_________________, deceased. Oath (Or Affirmation) of Administration I, _____________ of
______________ in the Province of Newfoundland and Labrador, ______ make oath
(or affirm) and say that _________ late
of ________ in the Province aforesaid __________deceased, died intestate; that I will well and
faithfully administer the estate and effects of the said deceased, by ______
paying _____ just debts and distributing the residue of _____ estate and
effects according to law; and I will exhibit a true and perfect inventory of
all and singular the said estate and effects, and render a just and true
account whenever required by law so to do; that the said deceased died at ____
on the _____ day of _____, 20_____ and that the gross value of the said estate
and effects of the deceased is ____ dollars and no more, according to the best
of my knowledge, information and belief. SWORN/AFFIRMED at _____________________ (city/town), ________________________
(province or, if outside of _____________________ (signature) Commissioner, notary public, etc. _____________________ (signature of affiant) ==================================================== IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION --------------------- In re deceased. ----------------------------------- Oath of Executor ---------------------------------- Probate
granted to On
the ______ day of _____, 20 ____; Value
of Estate $ ================================================= Form 56.33D (rule
56.33) IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In
the Estate of
_________________, deceased. Oath (Or Affirmation) of Administration With Will
Annexed I, _____________ of
______________ in the Province of Newfoundland and Labrador, ______ make oath
(or affirm) and say that _________ late
of ________ in the Province aforesaid __________deceased, died with a Will, and; that I will well and faithfully
administer the estate and effects of the said deceased, by paying just debts
and legacies contained in the said Will and distributing the residue of the
said estate and effects, according to law; that I will exhibit a true and
perfect inventory of all and singular the said estate and effects, and render a
just and true account thereof whenever required by law so to do; that the said
deceased died at ____ on the _____ day of _____, 20_____ and that the gross
value of the said estate and effects of the deceased is ____ dollars and no
more, according to the best of my knowledge, information and belief. SWORN/AFFIRMED at _____________________ (city/town),
________________________ (province or, if outside of _____________________ (signature) Commissioner, notary public, etc. _____________________ (signature of affiant) ==================================================== IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION --------------------- In re deceased. ----------------------------------- Oath of Administrator With the Will Annexed ---------------------------------- Administration
granted to on
the ______ day of _____, 20 ____; Value
of Estate $ Sureties =================================================== Form 56.33E (rule
56.33) IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In
the Estate of
_________________, deceased. Letters of Probate BE IT KNOWN that on the _ day
of ___________ , 20____ the last Will and Testament of ______ late of _____ in
the the Province of Newfoundland and Labrador ______ deceased, who dies on or
about the _____ day of _____, 20_____ at _____ was proved and registered in the
aforesaid Court a true copy of which said last Will and Testament is hereunder
written and that the administration of all and singular the estate and effects
of the said deceased was granted by the aforesaid Court to _________________
the execu______ named int eh said Will _____________ having been first sworn well
and faithfully to administer the same by paying the just debts of the deceased,
and the legacies contained in the said Will ______ so far as thereunto bound by
law, and by distributing the residue (if any) according to law and to exhibit
under oath a true and perfect inventory of all and singular the said estate and
effects, and to render a just and true account thereof whenever required by law
so to do. (signature) Registrar/Registry clerk ==================================================== IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION --------------------- In re deceased. ----------------------------------- Letters of Probate ---------------------------------- Entered Folio Volume ================================================== By the oath or affirmation which you have taken you
are bound to render a true account of your administration whenever required by
law to do so. At such time, you are
required to file with the Supreme Court a statement of account duly verified
under your oath or affirmation showing how the estate has been dealt with. Form 56.33F (rule
56.33) IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In
the Estate of
_________________, deceased. Letters of Administration BE IT KNOWN that on the _____
day of ___________ , 20____ Letters of Administration of all and singular the
estate and effects of _________ late of _____ in the Province of Newfoundland
and Labrador ______ deceased, who died on or about the _____ day of _____,
20_____ at _____ intestate, were granted by the Supreme Court to _____ having
first sworn well and faithfully to administer the same by paying the just debts
of the said intestate, and distributing the residue (if any) of _____ estate
and effects according to law and to exhibit a true and perfect Inventory of all
and singular the said estate and effects, and render a just and true account
thereof whenever required by law so to do. (signature) Registrar/Registry clerk ==================================================== IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION --------------------- In re deceased. ----------------------------------- Letters of Administration ---------------------------------- Entered Folio Volume ================================================ By the oath or affirmation which you have taken you are bound to render a true account of your administration whenever required by law to do so. At such time, you are required to file with the Supreme Court a statement of account duly verified under your oath or affirmation showing how the estate has been dealt with. Form 56.33G (rule
56.33) IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In
the Estate of
_________________, deceased. Letters of Administration with Will Annexed BE IT KNOWN that _____
late of _____ in the BE IT FURTHER KNOWN
that on the ____ day of ______, 20____, Letters of Administration with the said
Will annexed of all and singular the estate and effects of the said deceased
were granted by the Supreme Court to _________ having been first sworn (or
affirmed) well and faithfully to administer the same, by paying the just debts
fo the said deceased and the legacies contained in the said Will ______ and
distributing the residue of the said estate and effects, according to law, and
to exhibit a true and perfect inventory of all and singular the said estate and
effects, and to render a just and true account thereof whenever required by law
so to do. (signature) Registrar/Registry clerk ==================================================== IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION --------------------- In re deceased. ----------------------------------- Letters of Administration with Will Annexed ---------------------------------- Entered Folio Volume ================================================== By the oath or affirmation which you have taken you
are bound to render a true account of your administration whenever required by
law to do so. At such time, you are
required to file with the Supreme Court a statement of account duly verified
under your oath or affirmation showing how the estate has been dealt with. Form 56.33H (rule
56.33) IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In
the Estate of _________________,
a minor. Letters of Guardianship, Minor BE IT KNOWN that on the ____
day of ____, 20_____, Letters of Guardianship of the Estate and Effects of
_______ minor child of __________ of ___________ in the Province of Newfoundland
and Labrador _________ were granted by the Supreme Court of Newfoundland and
Labrador to _____ having been first sworn (or affirmed) well and faithfully to
manage to the best advantage the property of the said minor committed to his or
her care, and to pay and dispose of such Estate in such manner as the Court
shall direct, and well and truly to perform and discharge all the duties which
belong to him or her as guardian of the Estate of the said minor according to
the laws of this Province, and to render a just and true account thereof to the
Supreme Court when thereunto lawfully required, or to the said minor when he or
she shall become of age. (signature) Registrar/Registry clerk ==================================================== IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION --------------------- In re a minor. ----------------------------------- Letters of Guardianship ---------------------------------- Entered Folio Volume ================================================= By the oath or affirmation which you have taken you are bound to render a true account of your administration whenever required by law to do so. At such time, you are required to file with the Supreme Court a statement of account duly verified under your oath or affirmation showing how the estate has been dealt with. Form 56.33I (rule
56.33) IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION In
the Estate of
_________________, a mentally disabled
person. Letters of Guardianship, Mentally Disabled Person BE IT KNOWN that on the ____
day of ____, 20_____, Letters of Guardianship of the Estate and Effects of
_______ mentally disabled person, of __________ in the Province of Newfoundland
and Labrador, _________ (occupation) were granted by the Supreme Court of
Newfoundland and Labrador to _____________, of _________, in the Province of
Newfoundland and Labrador, _________ (occupation), having been first sworn (or
affirmed) well and faithfully to manage to the best advantage the property of
the said mentally disabled person committed to his or her care, and to pay and
dispose of such Estate in such manner as the Court shall direct, and well and
truly to perform and discharge all the duties which belong to him or her as
guardian of the Estate of the said mentally disabled person according to the
laws of this Province, and to render a just and true account thereof to the
Supreme Court when thereunto lawfully required, or to the said mentally
disabled person when he or she shall become competent. (signature) Registrar/Registry clerk ==================================================== IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION --------------------- In re a mentally disabled person. ----------------------------------- Letters of Guardianship ---------------------------------- Entered Folio Volume ================================================= By the oath or affirmation which you have taken you are bound to render a true account of your administration whenever required by law to do so. At such time, you are required to file with the Supreme Court a statement of account duly verified under your oath or affirmation showing how the estate has been dealt with. Form 58.04A (Rule 58.04) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) NOTICE
OF APPEAL ¨
THIS MATTER INVOLVES A CHILD (check box
if applicable) This is notice that the Appellant
appeals the order of _____________________________________ (specify the decision-making authority). (1) Information regarding the
decision under appeal: (a)
Who made the decision (name/details of decision-making authority): (b)
File number of the proceeding before the decision-making
authority (please include if applicable): (c)
Neutral citation of a
written decision, if any (please include
if known/ applicable): (d)
Date the order was filed or made: (2) The Court and parties are
advised that (include all that are relevant): (a) Only a
portion of the order is being appealed (Specify the portion being appealed.) (b) The
appellant is asking that the appeal be expedited because: (Specify reasons). (c) The
decision-making authority appealed from imposed a publication ban or
restriction on access to the hearing or record of the proceeding: (Attach a
copy of the order if one is available or quote the language of the publication
ban or restriction on access.) (3) Subject matter of the appeal: (Give a brief
summary of what the appeal is about and what the issues are.) (4) The appellant requests: (Set out what
relief, disposition, or order you are seeking from the Court.) DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Appellant/Solicitor for Appellant Whose address for service is: (Insert address for service) To: Supreme
Court of Newfoundland and Labrador General
Division Registry
(respondent
or solicitor for respondent) Whose address for service is: (address
for service) (telephone,
email) (decision-making
authority) Whose address
for service is: (address for service) (telephone,
email) (Other person required to be notified,
if any) Whose address
for service is: (address for service) (telephone,
email) Form 58.07A (rule 58.07) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Notice
of Cross-Appeal (1) Take notice that the respondent in this appeal CROSS-APPEALS and intends to argue
that: (a) the decision appealed from should be
varied (Provide details, if applicable.) (b) the decision appealed from should be
affirmed on grounds other than those given by the decision-making authority; (Provide details, if applicable.) (c) the respondent is entitled to other or
different relief or disposition than that given in the decision appealed from (Provide details, if applicable.) (2) The respondent
requests: (Set out what
relief, disposition, or order you are seeking from the Court.) DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Respondent/Solicitor for Respondent Whose address for service is: (Insert address for service) TO: (Appellant(s)
or the solicitor(s) for appellant(s)) (Insert address) Form 58.07B (rule 58.07) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Notice of
Election to Proceed with Cross-Appeal TAKE NOTICE that ______________________,
the Respondent in this appeal, elects to proceed with the cross-appeal. DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Respondent/Solicitor for Respondent Whose address for service is: (Insert address for service) TO: (Appellant(s)
or the solicitor(s) for appellant(s)) (Insert address) Form 58.09A (rule 58.09) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Record Index of
Documents (List all documents included in this record, and list the
corresponding numbered or lettered tab you have assigned to each document.) Part 1 - The
decision under appeal (Provide the written decision or order being appealed, or if no written
record was created, a summary of the decision.) (Tab all documents included here.) Part 2- Written
reasons (Provide the decision-making authority's written reasons, if any
were recorded; or if the reasons were given orally and none were recorded,
provide a summary.) (Tab all documents included here.) Part 3- Evidence (Provide the evidence, including any exhibit filed with the
decision-making authority and a copy of the official sound recording of the
evidence, if any.) (Tab all documents included here.) Part 4- Other
relevant documents (Provide
any other relevant documents in the decision-maker's possession.) (Tab all documents included here.) DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Decision-Making Authority/Solicitor Whose address for service is: (Insert address for service) TO: The Supreme Court of Newfoundland and (Each party or the solicitor for
the party) (Insert address) Form 58.11A (rule 58.11) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) Appellant's/Respondent's
Brief Part 1 - Facts (Provide a concise statement of the facts.) Part 2- Issues (List the issues to be determined on appeal.) Part 3- Argument (List your argument, including any specific points of law on which you
intend to rely, such as legislation and case law. This section is not to exceed
20 pages, unless a judge expressly permits otherwise.) Part 4- Relief (Identify
the relief sought from the Court.) Appendix A-
Caselaw (Attach copies of all cases referred to in Part 3.) Appendix B-
Legislation (Attach copies of all legislation referred to in Part 3.) DATED at _____________ (city/town), _______________________ (province or, if outside of __________________________ (Signature) Applicant/Solicitor for Applicant Whose address for service is: (Insert address for service) To: The Supreme Court of Newfoundland and (Each party or the solicitor for
the party) (Insert address) Form 58.13A (rule 58.13) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) 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/town), _______________________ (province or, if outside of __________________________ (Signature) Applicant/Solicitor for Applicant Whose address for service is: (Insert address for service) TO: The Supreme Court of Newfoundland and 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/town), __________________________ (Signature) Registrar/Registry Clerk TO: (Each
party or the solicitor for the party) (Insert address) Form 58.14A (rule 58.14) File number: 20____ ____ G
__________ IN THE SUPREME COURT OF
NEWFOUNDLAND AND GENERAL DIVISION
(Modify title of proceeding
as necessary.) JOINT REQUEST FOR
APPEAL HEARING DATE The parties jointly apply for a date for
the hearing of the appeal. All of the parties are available on the
following dates: (Please list all of the dates on which all of the parties are
available.) DATED at _____________ (city/town), __________________________ (Signature of appellant or solicitor for appellant) DATED at _____________ (city/town), __________________________ (Signature of respondent or solicitor for respondent) To: Supreme
Court of Newfoundland and Labrador General
Division Registry
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