This is an official version.

 

 

Copyright © 2010: Queens Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

 

Table of Regulations

Main Site

How current is this regulation?

 
 

RULE 6A
SERVICE BY TELECOPIER

Analysis


              RULE 6A
SERVICE BY TELECOPIER

              6A.01   Service by telecopier

             
6A.02   Cover page

             
6A.03   Transmission of certain documents

             
6A.04   When service is effective


Service by telecopier

6A.01. (1) Where a document is not required to be served personally, the document may, in accordance with this Rule, be served by means of a telecopier

             (a)  on the solicitor of the person being served or that solicitors agent, or

             (b)  in the case of service on a person other than under clause (a), at a telecopier that is situated in a residence or a place of business located in Newfoundland and Labrador.

             (2)  In order for a document to be served by means of a telecopier , the document must be sent by telecopier and

             (a)  in the case of service on the solicitor of the person being served or on that solicitors agent, be received and printed or otherwise produced in a readable manner by a receiving telecopier that is situated at the office of the solicitor or the solicitors agent, and

             (b)  in the case of service on a person other than under clause (a), be received and printed or otherwise produced in a readable manner by a receiving telecopier that is situated in a residence or a place of business located in Newfoundland and Labrador.

             (3)  A telecopier may only be used for the purposes of this rule if the telephone number for the telecopier at which the service is to take place has a seven-digit number that appears with the word "fax" or with any reference to a telecopier

             (a)  in , or attached to, or

             (b)  on a letter enclosing,

any pleading or notice under these rules, by, from or on behalf of the person to be served or that persons solicitor or solicitors agent.

72/00 s2; 2001 c42 s45

Back to Top

Cover page

6A.02. A document that is served by telecopier transmission shall include a cover page indicating

             (a)  the name, address and telephone number of the sender,

             (b)  the name of the solicitor or person to be served,

             (c)  the date and time of the transmission,

             (d)  the total number of pages transmitted, including the cover page and the backsheet ,

             (e)  the telecopier number from which the document is transmitted, and

              (f)  the name and telephone number of a person to contact in the event of a transmission problem.

72/00 s2

Back to Top

Transmission of certain documents

6A.03. (1) A document of sixteen pages or more, inclusive of the cover page and the backsheet , may be served by telecopier only between the hour of five in the afternoon and the hour of eight in the forenoon of the following day, unless the solicitor or person to be served gives prior consent.

             (2)  A trial record, appeal book or book of authorities may not be served by telecopier at any time unless the solicitor or person to be served gives prior consent.

72/00 s2

Back to Top

When service is effective

6A.04. Transmission of a document by telecopier for service in accordance with this rule is effective

             (a)  if the document is transmitted before the hour of four in the afternoon, then on the day of the transmission, or

             (b)  if the document is transmitted after the hour of four in the afternoon, or at any time on a Saturday, Sunday or holiday, then on the day next following that is not a Saturday, Sunday or holiday.

72/00 s2