RULE 4
RULES AND DOCUMENTS

Analysis

              RULE 4
RULES AND DOCUMENTS

   
4.01   Form

   
4.02   Documents

   
4.03   Copies of documents for other party

   
4.04   Practice Notes

Form

  4.01. (1) The forms appended to the rules shall be used where applicable with such variations as the circumstances of the particular proceeding require.

             (2)  All forms that contain a reference to "Newfoundland" are amended to refer to "Newfoundland and Labrador".

             (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, Trial Division (General)" and proceedings started in the province over which the Family Division has jurisdiction shall be titled, "In the Supreme Court of Newfoundland and Labrador, Trial Division (Family)".

1986 c42 Sch D rule 4.01; 18/02 s1; 30/10 s2

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Documents

  4.02. (1) Unless the nature of the document renders it impracticable, every document prepared by a party for use in the Court shall be legibly printed, typewritten, written or reproduced on durable white paper 279 mm in length and 216 mm in width, with a margin on the left side of the face of the page and, where the reverse side is used, on the right side of the reverse.

             (2)  Transcripts of viva voce evidence to be used in a proceeding in the Court shall conform to this rule and to applicable provisions governing the case on appeal, except that each question put to a witness shall be preceded by the letter "Q" and may be numbered consecutively on each page, and each answer shall continue on the line on which the question ends and be preceded by the letter "A".

1986 c42 Sch D rule 4.02

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Copies of documents for other party

  4.03. (1) Where a document prepared by or for a party for use in the Court is printed, the party shall, on receiving a written request from any other party entitled to a copy of the document and on payment of the proper charges, supply the other party with such number of copies thereof, not exceeding ten, as may be specified in the request.

             (2)  A document is deemed to be printed if it is produced by type, lithography, stencil duplicating or photocopying.

1986 c42 Sch D rule 4.03

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Practice Notes

  4.04. (1) The Chief Justice of the Trial Division may issue Practice Notes, not inconsistent with these rules, on any matter clarifying the practice to be followed in compliance with the rules of procedure.

             (2)  A Practice Note, and any revision of it, shall be in Form 4.04A, authorized by the Chief Justice of the Trial Division, signed by the Registrar and published once in the Gazette.

             (3)  A Practice Note shall not constitute a regulation for the purposes of the Statutes and Subordinate Legislation Act , and non-compliance with a Practice Note shall not nullify any step taken in a proceeding.

9/00 s1