RULE 4
RULES AND DOCUMENTS

Analysis

   
4.01   Form

   
4.02   Document requirements

 
4.02   4.02A   Filing documents

     
4.3   Copies of documents for other party

     
4.4   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)  [Rep. by 46/20 s1]

             (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 Labrador, Family Division".

1986 c42 Sch D rule 4.01; 18/02 s1; 30/10 s2; 9/18 s2; 46/20 s1

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Document requirements

   4.02 (1) Every document prepared by a party for use in a proceeding shall conform to each of the following requirements: 

             (a)  the document shall be in English, unless a statute or a rule permits otherwise;

             (b)  the document shall be legibly written or printed on one side of the page only;

             (c)  the document shall be on good quality, white paper that is 8 ½ inches by 11 inches in size with appropriate margins; and

             (d)  all original signatures on the document shall be in ink.

         (1.1)  In this rule "electronic signature" means electronic information that a person creates or adopts in order to sign a document and that is in, attached to or associated with the document.

         (1.2)  Notwithstanding paragraph (1)(d), where a document has been sworn or affirmed through use of audio-visual technology in accordance with the Commissioners for Oaths Act, that document may be signed with an electronic signature.

             (2)  A transcript of evidence to be used in a proceeding shall conform with the requirements for a document to be filed and each of the following further requirements:

             (a)  notwithstanding rule 4.02(1) and (2), the transcript may be printed on two sides of the page;

             (b)  a page of transcribed testimony shall be titled with the name of the witness and indicate as part of the title whether the witness is being examined directly, by cross-examination, or by redirect examination;

             (c)  each question shall be preceded by the letter "Q", and each answer by "A";

             (d)  a transcript of something other than testimony shall be titled submission, ruling, direction, instruction, discussion, or other business;

             (e)  the title shall appear at the top of each page of a printed transcript;                        

             (f)  each page or question shall be numbered;

             (g)  the transcript shall be conveniently bound, and have a cover and a blank back.

             (3)  Where a document prepared by a party for use in a proceeding cannot be stapled together, the document shall be bound. 

             (4)  Where a document described in rule 4.02(3) is bound in two or more volumes, the volumes shall be clearly numbered on the cover of the document.

1986 c42 Sch D rule 4.02; 89/17 s1; 46/20 s2; 33/22 s1; 89/25 s1

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Filing documents

4.02A (1) The registrar may refuse to file a document that does not substantially comply with the rules and practice notes.

             (2)  Notwithstanding subrule (1) the registrar shall accept a document that does not comply with the rules and practice notes where both of the following are brought to the attention of the registrar:

             (a)  the document is intended to start a proceeding or make a counterclaim, or third party claim in an action; and

             (b)  the person seeking to file the document may lose a substantive right, such as a claim to which the Limitation Act may apply, unless the document is filed.

             (3)  The registrar may accept a document for filing conditionally, and return the document if a condition is not fulfilled or a judge so directs.

             (4)  The absence of authority to file a document does not imply that it cannot be exhibited to an affidavit or admitted as evidence.

             (5)  The Court may order a document that does not conform with a rule be returned to the party who prepared the document, unless the document is part of a record on which the registrar or a judge made a decision.

46/20 s3

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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 Supreme Court 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 Supreme Court, 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; 9/18 s3