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Copyright © 2010: Queens Printer, Important Information
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RULE 6A Analysis
RULE 6A 6A.01 Service by telecopier 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. 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. 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. 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. | | |