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 42
TRIAL PROCEDURES

Analysis



Failure of all or any party to attend at trial

42.01. (1) When a proceeding is called for trial and all the parties fail to attend, the Court may order the proceeding to be struck off the list of cases for trial.

             (2)  When a proceeding is called for trial and any party fails to appear, the Court may

             (a)  proceed with the trial of the proceeding, or any counterclaim or issue therein, in the absence of the party;

             (b)  if the plaintiff appears and the defendant fails to appear, allow the plaintiff to prove the plaintiff's claim and dismiss any counterclaim;

             (c)  if the plaintiff fails to appear and the defendant appears, dismiss the plaintiff's claim and allow the defendant to prove the defendant's counterclaim, if any; or

             (d)  make such other order as is just.

             (3)  Any order made under rules 42.01(1) and 42.01(2) may be set aside by the Court on such terms as it thinks just, upon an application made to it within ten days after the order has been given.

1986 c42 Sch D rule 42.01

Back to Top

Adjournment of trial

42.02. The Court may adjourn a trial to such time and place and upon such terms as it thinks just.

1986 c42 Sch D rule 42.02

Back to Top

Change of place of trial

42.03. Where a trial cannot be conveniently heard or completed at a sitting, the Court may change the place of trial to some other judicial centre, or adjourn the trial to another sitting.

1986 c42 Sch D rule 42.03

Back to Top

Order of speeches

42.04. (1) The Court before whom a proceeding is tried, whether with or without a jury, may direct which party is to begin and the order of speeches at the trial, and, subject to such directions, the party to begin and the order of speeches shall be governed by this rule.

             (2)  At the conclusion of the evidence on the trial of a proceeding, with or without a jury, the parties shall make their speeches closing their cases in the order in which their names appear in the title of the proceeding and each party except the last party presenting his or her speech shall have the right to speak briefly in reply on new points of law raised in the speeches of any party made after his or hers and not already dealt with in the speech of such party.

             (3)  Where the burden of proof of all the issues in a proceeding lies on a defendant, rule 42.04(2) shall have effect as if the name of such defendant were the first party named in the title to the proceeding.

1986 c42 Sch D rule 42.04

Back to Top

Inspection by Court

42.05. The Court may inspect any place or thing with respect to which any question arises in a proceeding.

1986 c42 Sch D rule 42.05

Back to Top

Exclusion of witnesses, etc.

42.06. The Court at a trial may

             (a)  order any witness to be excluded from the Court until called;

             (b)  where a party intends to give evidence, order the party to be examined before any other witness on behalf of the party;

             (c)  order any party or witness not to communicate with any other witness before the latter witness gives evidence; or

             (d)  where there has been an improper communication, exclude the testimony of any party or witness.

1986 c42 Sch D rule 42.06

Back to Top

Death of party before giving the decision

42.07. Where a party dies before a decision is rendered, the decision may be given notwithstanding the death, but the foregoing provision shall not be taken as affecting the power of the Court to make an order under rule 7.07 before rendering a decision or making an order.

1986 c42 Sch D rule 42.07

Back to Top

Right of defendant to move for dismissal

42.08. At the close of the plaintiff's case, the defendant may, without being called upon to elect whether the defendant will call evidence, move for dismissal of the proceeding on the ground that upon the facts and the law no case has been made out.

1986 c42 Sch D rule 42.08

Back to Top

Judgment

42.09. (1) The Court may, at or after the trial, order the entry of such judgment as it thinks fit.

             (2)  Where the Court does not order the entry of judgment at the conclusion of a proceeding, it may reserve its decision and when given, such decision shall be of equal effect as if it had been given at the conclusion of the proceeding.

             (3)  A decision reserved shall, when given, be filed by the judge in the Registry.

             (4)  The Registrar shall upon the filing of a reserved decision immediately give notice thereof, in writing, to the parties or their solicitors.

             (5)  Upon service of the notice under rule 42.09(4), the parties shall have all the rights that they may have had as if a decision had been given at the conclusion of the proceeding.

1986 c42 Sch D rule 42.09

Back to Top

Record of trial

42.10. The Registrar shall maintain a permanent record of

             (a)  the times when a trial commences and terminates respectively on each day it takes place;

             (b)  the names of the presiding judge, reporter, counsel, and for whom they appear, parties appearing without counsel, and each witness;

             (c)  any order made, and all findings of fact and directions which the Court gives;

             (d)  the number and description of each exhibit; and

             (e)  the verdict or judgment directed to be entered.

1986 c42 Sch D rule 42.10

Back to Top

Exhibits

42.11. (1) The Registrar shall during the trial

             (a)  take charge of each document or object put in evidence as an exhibit;

             (b)  mark or label each exhibit with a number so that all exhibits are numbered consecutively; and

             (c)  make a list of the exhibits that sets out the title of the proceeding and a description of each exhibit with the respective numbers of the exhibits.

             (2)  For the purpose of this rule, a bundle of documents may be treated as one exhibit.

             (3)  The list of exhibits, when completed, shall be attached to the pleadings and shall form part of the record.

             (4)  Unless the Court otherwise orders, the exhibits shall remain with the Court until ninety days after judgment is entered or any appeal is disposed of, and thereafter, the Registrar may return any exhibits to the party or the party's solicitor who tendered the same.

             (5)  Where exhibits have not been applied for, the Registrar may serve notice on the parties or their solicitors that unless the exhibits are applied for within thirty days from the date of the notice, the Registrar will destroy or otherwise dispose of them and unless the exhibits are applied for within that period, the Registrar may, on the order of the Court, destroy or otherwise dispose of them.

1986 c42 Sch D rule 42.11; 133/88 s2

Back to Top

Impounded documents

42.12. Any document impounded by an order of the Court shall not be delivered out of the custody of the Court or inspected by any person without first obtaining an order of the court.

1986 c42 Sch D rule 42.12

Back to Top

Trial with jury

42.13. Where a trial is with a jury, the provisions of Rule 45 shall also apply.

1986 c42 Sch D rule 42.13