This is an official version.

Copyright ©2018: Queen's Printer,
St. John's, Newfoundland and Labrador, Canada

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

Newfoundland and Labrador
Regulation 2018


NEWFOUNDLAND AND LABRADOR
REGULATION  9/18

Rules of the Supreme Court, 1986 (Amendment)
under the
Judicature Act

(Filed February 8, 2018)

Under the authority of section 55 of the Judicature Act, the Rules Committee of the Trial Division make the following rules.

Dated at St. John’s, January 31, 2018.

Raymond P. Whalen
Chairperson, Rules Committee

REGULATIONS

Analysis


        1.   Rule 1.03 Amdt.

              Definitions

        2.   Rule 4.01 Amdt.

              Form

        3.   Rule 4.04 Amdt.
Practice Notes

        4.   Rule 5A.01Amdt.
Interpretation

        5.   Rule 5A.04 Amdt.

              Records

        6.   Rule 29.01 Amdt.

              Application

        7.   Rule 29.03 Amdt.

              Place of hearing of application

        8.   Rule 53A.02 R&S

              Judge on application may stay an order

        9.   Paragraph II.E heading of Appendix to Rule 55 R&S

      10.   Rule 58 Heading R&S

      11.   Rule 58.01Amdt.
Definitions

      12.   Rule 58.02 Amdt.

              Scope of rule

      13.   Part IV heading R&S

      14.   Rule F1.01 R&S

              Referring to this Part

      15.   Rule F1.04 Amdt.

              Definitions

      16.   Rule F38.02 Amdt.

              Use of the rules

      17.   Forms R&S


        1. (1) Rule 1.03(c) of the Rules of the Supreme Court, 1986 is repealed and the following substituted:

             (c)  "application" means an originating or interlocutory application made to a judge in chambers, or to the Court when sitting during a trial or pursuant to an order;

             (2)  Rule 1.03 (c.1) of the rules is repealed and the following substituted:

          (c.1)  "Court" means

                      (i)  the Supreme Court, or

                     (ii)  either or both of the General Division and Family Division,

as the context may require.

             (3)  Rule 1.03(g.1) of the rules is repealed and the following substituted:

          (g.1)  "Family Division" means the division of the Supreme Court constituted as the Family Division under the Judicature Act;

             (4)  Rule 1.03(g.2) of the rules is repealed and the following substituted:

          (g.2)  "General Division" means the division of the Supreme Court constituted as the General Division under the Judicature Act;

             (5)  Rule 1.03(s.1) of the rules is repealed and the following substituted:

          (s.1)  "Registrar" means the clerk, officer or employee of the Court designated by the Chief Executive Officer in consultation with the Chief Justice of the Supreme Court to manage the operations of the registries in all judicial centres unless otherwise provided;

             (6)  Rule 1.03(v) of the rules is repealed and the following substituted:

             (v)  "taxing officer" includes a master of the Supreme Court, and a judge of the Supreme Court or the Court of Appeal; and

             (7)  Rule 1.03(v.1) of the rules is repealed.

 

        2. Rule 4.01(3) of the rules is repealed and the following substituted:

             (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".

 

        3. Rule 4.04 of the rules is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court".

 

        4. Rule 5A.01(1) of the rules is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court".

 

        5. Rule 5A.04(1) of the rules is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

 

        6. Rule 29.01(2) of the rules is repealed and the following substituted:

             (2)  When the Court orders, a proceeding commenced by statement of claim may be heard on application to a judge sitting in chambers.

 

        7. Rule 29.03(2)(b) of the rules is repealed and the following substituted:

             (b)  where the application is made ex parte or is for an extension or abridgement of a period of time, schedule a date for the hearing of the application.

 

        8. Rules 53A.02 of the rules is repealed and the following substituted:

Judge on application may stay an order

53A.02 A judge may, on the application of a party to an appeal to the Court of Appeal from an order of the Supreme Court, stay the order appealed from pending the disposition of the appeal and may stay any order of or proceeding before a judge of the Provincial Court or a tribunal in respect of which an order of the Court granting or refusing relief under Rule 54 or otherwise has been appealed.

 

        9. The heading to paragraph II.E of the Appendix to Rule 55 of the rules is repealed and the following substituted:

E. Trial or Appeal Hearing in the Supreme Court

 

      10. The heading to Rule 58 of the rules is repealed and the following substituted:

Rule 58 - Civil Appeals - Supreme Court (General Division)

 

      11. (1) Rule 58.01(a) of the rules is repealed and the following substituted:

             (a)  "appeal" means an appeal to the General Division and, where the context requires, includes a cross-appeal, a stated case, or a reference made to the Court under a statute;

             (2)  Rule 58.01(c) of the rules is repealed and the following substituted:

             (c)  "Chief Justice" means the Chief Justice of the Supreme Court;

 

      12. Rule 58.02(1) of the rules is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

 

      13. The heading to Part IV of the rules is repealed and the following substituted:

PART IV - SUPREME COURT FAMILY RULES

 

      14. Rule F1.01 of the rules is repealed and the following substituted:

Referring to this Part

F1.01 Part IV of the rules may be referred to separately as the Supreme Court Family Rules.

 

      15. Rule F1.04(h) of the rules is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

 

      16. Rule F38.02(4) of the rules is repealed and the following substituted:                 ()                   

             (4)  Sections 1, 2, 3, 4, 6, 9 and 10 and rules F26 and F27 of the Supreme Court Family Rules apply to all proceedings for the return of a child under the Hague Convention on International Child Abduction unless rule F38 provides otherwise, in which case rule F38 takes precedence.

 

      17. The forms appended to the rules are repealed and the following substituted:


 

 

Forms – Index

 

4.04A  Practice Note

5.02A  Originating Application

5.02B  Originating Application

5.03A  Statement of Claim

5.05A  Concurrent Originating Document

5A.01A  Certificate

5A01B  Order

6.03A  Acknowledgement of Receipt

6.14A  Affidavit of Service

7.19A  Application for fee waiver and/or costs exemption

7.20A  Application for costs exemption

10.01A  Defence

11.02A  Counterclaim

12.02A  Third Party Notice

18A.06A  Request for Case Management Meeting

20.01A  Notice of Payment Court

20.03A  Notice of Acceptance of Money Paid into Court

20A(A)  Offer to Settle

20A(B)  Revocation of Offer to Settle

20A(C)  Acceptance of Offer to Settle

20A(D)  Offer to Contribute

27.03A  Applicant's Bond for a Recovery Order

27.04A  Interlocutory Recovery Order

27.06A  Bond to Retain Property Under an Interlocutory Recovery Order

27.13A  Order for Sheriff to Deliver Possession of Property

29.02A  Interlocutory Application (Inter Partes)

29.02B  Interlocutory Application (Ex Parte)

30.04A  Notice of Examination

31.01A  Interrogatories

31.03A  Answers to Interrogatories

32.01A  List of Documents

32.05A  Notice to Produce for Inspection

32.06A  Notice to Produce at the Trial or Hearing

33.02A  Notice to Admit

39B.02A  Request for Settlement Conference

40.04A  Certificate of Readiness

46.23A  Subpoena

46.23B  Order to Bring Prisoner as Witness

46.28B  Warrant for Arrest of a Defaulting Witness

47.01A  Order for Examination of Persons within the Jurisdiction

47.01B  Order for Examination of Persons Out of the Jurisdiction

47.01C  Order for Issue of a Letter of Request of Judicial Authority Out of the Jurisdiction

47.01D  Letter of Request for Examination of Witness Out of the Jurisdiction

49.01A  Default Order

49.01B  Final Order After Assessment of Damages, Etc.

49.01C  Summary Order Under rule 17.02

49.01D  Order After Trial Without a Jury

49.01E  Order After Trial With a Jury

49.11A  Satisfaction Piece

49.13A  Notice to a Non-party

49.18A  Notice of Disallowance

52.02A  Interim Receivership Order

52.02B  Receivership Order

53.03A  Order for Appearance

53.04A  Contempt Order

56.04A  Notice of Application

56.04AA  Caveat

56.04AB  Withdrawal of Caveat

56.05A  Petition for Probate, Administration or Guardianship

56.10A  Inventory and Valuation of the Property of the said Estate

56.11A  Proof of Will

56.11B  Affidavit Proving Execution of a Holograph Will

56.12A  Affidavit Verifying Translation of a Will Written in a Language Other than the

English Language

56.21A  Administration Bond

56.21B  Administration Bond With Will Annexed

56.21C  Guardianship Bond

56.29A  Form of Release

56.29B  Affidavit of Execution of a Release

56.33A  Oath (or Affirmation) of Guardian

56.33B  Oath (or Affirmation) of Executor

56.33C  Oath (or Affirmation) of Administration

56.33D  Oath (or Affirmation) of Administrator With Will Annexed

56.33E  Letters of Probate

56.33F  Letters of Administration

56.33G  Letters of Administration With Will Annexed

56.33H  Letters of Guardianship, Minor

56.33I  Letters of Guardianship, Mentally Disabled Person

58.04A  Notice of Appeal

58.07A  Notice of Cross-Appeal

58.07B  Notice of Election to Proceed with Cross-Appeal

58.09A  Record

58.11A  Appellant's/Respondent's Brief

58.13A  Request for Case Management Meeting

58.14A  Joint Request for Appeal Hearing Date

F4.03A  Originating Application (Family Law)

F4.04A  Joint Originating Application (Family Law)

F4.04B  Withdrawal of Joint Originating Application (Family Law)

F5.05A  Originating Application for Variation (Family Law)

F5.06A  Joint Originating Application for Variation (Family Law)

Form F6.02A  Response (Family Law)

Form F6.04A  Demand for Notice (Family Law)

Form F6.06A  Notice of Default (Family Law)

Form F7.02A  Reply (Family Law)

Form F8.04A  Acknowledgement of Service (Family Law)

Form F8.11A  Affidavit of Service (Family Law)

Form F10.02A  Financial Statement (Family Law)

Form F10.04A  Property Statement (Family Law)

Form F11.02A  Demand to Disclose (Family Law)

Form F11.02B  Response to Demand to Disclose (Family Law)

Form F11.03A  Demand for Answers (Family Law)

Form F11.03B  Response to Demand for Answers (Family Law)

Form F14.04A  Request for Case Management Hearing (Family Law)

Form F16.03A  Interim Application for a Procedural Order (Family Law)

Form F17.03A  Emergency Interim Application - For a Temporary Order (Family Law)

Form F18.03A  Interim Application (Family Law)

Form F19.02A  Application to Vary an Interim Order (Family Law)

Form F23.01A  Offer to Settle (Family law)

Form F23.02A  Withdrawal of Offer to Settle (Family Law)

Form F23.05A  Acceptance of Offer to Settle (Family Law)

Form F25.03A  Request for Settlement Conference (Family Law)

Form F26.02A  Application for Judgment (Family Law)

Form F26.03A  Divorce Judgment (Family Law)

Form F27.02A  Request for a Pre-Trial Determination (Family Law)

Form F28.02A  Request for a Summary Judgment Hearing (Family Law)

Form F29.02A  Request for a Trial (Family Law)

Form F31.02A  Request for an Information Trial (Family Law)

Form F34.02A  Consent Order - Support (Family Law)

Form F34.02B  Consent Order - Other than Support (Family Law)

Form F34.02C  Affidavit of Execution (Family Law)

Form F38.06A  Notice of Application to the Central Authority and Contact Judge for the Return of a Child (Family Law)

Form F38.04A  Originating Application for the Return of a Child (Family Law)

Form F38.04B  Affidavit in Support of Originating Application for the Return of a Child (Family Law)

Form F40.04A - Certificate of Divorce (Family Law)


Form 4.04A

(rule 4.04(2))

 

Rules of the Supreme Court of Newfoundland and Labrador, 1986

 

Practice Note

                                                         

PN. No. [Year – consecutive number]

 

DATE ISSUED:

 

RULES AFFECTED:

 

EFFECTIVE DATE:

 

PREVIOUS PRACTICE NOTES REVISED:

 

 

The following Practice Note was filed with the Registrar and is published pursuant to rule 4.04 of the Rules of the Supreme Court, 1986:

 

1.       

 

2.       

 

3.       

 

 

AUTHORIZED BY:

 

Chief Justice

 

 

Registrar


Form 5.02A

(Rule 5.02)

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Applicant’s name)

APPLICANT

 

 

 

AND:

 

 

 

 

 

 

(Respondent’s name)

RESPONDENT

 

 

 

(Modify title of proceeding as necessary.)

 

Originating Application

(Inter Partes)

 

TO THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR OR ONE OF THE JUDGES THEREOF:

 

The application of (insert applicant’s name), the Applicant herein says,

 

1. (Set out the material facts, in numbered paragraphs.)

                           

2. The applicant therefore applies for an order that (set out the relief, remedy, or order you are requesting).

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

 

__________________________

(Signature)

Applicant/Solicitor for Applicant

 

Whose address for service is:

(Insert address for service)

Newfoundland and Labrador

 

TO:           (Respondent(s) or the solicitor(s)

     for respondent(s))

                 (Insert address)


ISSUED at                                                                                    (city/town) in the Province of Newfoundland and Labrador this                              (day) of                                     (month),                    (year).

 

 

(Affix seal of the court)

 

 

 

(signature)

Registrar/Registry clerk

 

 


File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Applicant’s name)

APPLICANT

 

 

 

AND:

 

 

 

 

 

 

(Respondent’s name)

RESPONDENT

 

 

 

(Modify title of proceeding as necessary.)

 

Affidavit

 

I, (affiant’s name) of (city/town), (province or, if outside of Canada, country) (swear/affirm) and say as follows:

 

1. I have read and I understand the foregoing application.

 

2. I have personal knowledge of the facts contained therein and they are true to the best of my knowledge, information and belief.

 

3. (Set out the material facts, in numbered paragraphs.)

 


 

SWORN/AFFIRMED

at _____________________ (city/town), ________________________ (province or, if outside of Canada, country), on the _____(day) of ____________________ (month), ______ (year), before me                                    

 

 

_____________________       

(signature)

Commissioner, notary public, etc.

 

 

 

 

_____________________            

(signature of affiant)


File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Applicant’s name)

APPLICANT

 

 

 

AND:

 

 

 

 

 

 

(Respondent’s name)

RESPONDENT

 

 

 

(Modify title of proceeding as necessary.)

 

Notice to the Respondent(s)

 

You are hereby notified that you must attend before a judge presiding in chambers at the Courthouse at ___________________, Newfoundland and Labrador, on __________ the _________ day of __________________, _______ at _________ to set a date for the hearing of the application in the above noted matter.

 

AND FURTHER TAKE NOTICE that the judge may make an order in favour of the applicant in your absence and without further notice unless you or your solicitor appear at the time and place noted above.

 

TO:           (Respondent(s) or the solicitor(s)

     for the respondent(s))

                 (insert address)

 


Form 5.02B

(rule 5.02)

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

In the matter of an application

of (name of applicant)

 

Originating Application

(Ex Parte)

 

TO THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR OR ONE OF THE JUDGES THEREOF:

 

The application of (name of applicant), says,

 

1. (Set out the material facts, in numbered paragraphs.)

                           

2.         The applicant therefore applies for an order that (set out the relief, remedy, or order you are requesting).

 

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

__________________________

(Signature)

Applicant/Solicitor for Applicant

 

Whose address for service is:

(Insert address for service)

Newfoundland and Labrador

 

ISSUED at                                                                                    (city/town) in the Province of Newfoundland and Labrador this                              (day) of                                     (month),                    (year).

 

(Affix seal of the court)

 

(signature)

Registrar/Registry clerk


File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

In the matter of an application

of (name of applicant)

 

Affidavit

 

I, (affiant’s name) of (city/town), (province or, if outside of Canada, country) (swear/affirm) and say as follows:

 

1. I have read and I understand the foregoing application.

 

2. I have personal knowledge of the facts contained therein and they are true to the best of my knowledge, information and belief.

 

3. (Set out the material facts, in numbered paragraphs.)

 


SWORN/AFFIRMED

at _____________________ (city/town), ________________________ (province or, if outside of Canada, country), on the _____(day) of ____________________ (month), ______ (year), before me                                    

 

 

_____________________       

(signature)

Commissioner, notary public, etc.

 

 

 

 

 

 

 

 

 

_____________________            

(signature of affiant)


 


Form 5.03A

(rule 5.03)

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Statement of Claim

 

1. (Set out the material facts, in numbered paragraphs.)

                           

2. The plaintiff therefore seeks the following relief (set out the relief, remedy, or order you are requesting).

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

 

__________________________

(Signature)

Plaintiff/Solicitor for Plaintiff

 

Whose address for service is:

(Insert address for service)

Newfoundland and Labrador

To:            (Defendant(s) or the solicitor(s)

for the defendant(s))

                 (Insert address)

 

 


ISSUED at                                                                                    (city/town) in the Province of Newfoundland and Labrador this                              (day) of                                     (month),                    (year).

 

 

(Affix seal of the court)

 

 

 

(signature)

Registrar/Registry Clerk

 

 


File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Notice to Defendant(s)

 

You are hereby notified that the plaintiff(s) may enter judgment in accordance with the statement of claim or such order as, according to the practice of the Court, the plaintiff is entitled to, without any further notice to you unless within _________ days, after service hereof upon you, you cause to be filed with the Supreme Court of Newfoundland and Labrador at _______________________ a defence and unless within the same time a copy of your defence is served upon the plaintiff(s) or the plaintiff’s solicitor(s) at the plaintiff’s solicitor(s) stated address(es) for service.

 

Provided that if the claim is for a debt or other liquidated demand and you pay the amount claimed in the statement of claim and the sum of $___________ (or such sum as may be allowed on taxation) for costs to the plaintiff(s) or the plaintiff’s solicitor(s) within _________days from the service of this notice upon you, then this proceeding will be stayed.

 

To:            (Defendant(s) or the solicitor(s)

for the defendant(s))

                 (Insert address)

 


Form 5.05A

(rule 5.05)

 

Concurrent Originating Document

 

I certify this to be a concurrent originating document, (as amended) filed with the Supreme Court of Newfoundland and Labrador, General Division.

 

ISSUED at                                                                   (city/town) in the Province of Newfoundland and Labrador this                                    (day) of                                      (month),                    (year).

 

 

(Affix court seal)

 

 

Registrar/Registry Clerk

 


Form 5A.01A

(rule 5A.01(1)(c))

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Claimant’s name)

CLAIMANT

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Certificate

 

I, (name of designated certifying official), being the designated certifying official of the Claimant, make oath and say as follows:

 

1.               The name and current known address of the person who is subject to and liable to pay the fine(s), late payment penalty(ies), forfeiture(s) assessment(s) or tax(es) are;

2.               The fine(s), late payment penalty(ies), forfeiture(s), assessment(s) or tax(es), as the case may be, was(were) imposed and the amount or amounts thereof as well as the date(s) of imposition and the date(s) when the amount(s) became payable are;

3.               The fines(s), late payment penalty(ies), forfeiture(s), assessment(s) or tax(es) or any portion(s) thereof (and if a portion(s), the amount(s) of such portion(s) was (were not paid within the time(s) allowed for payment;

4.               The amount or amounts for which judgment is sought to be entered is (are);

5.               I have knowledge of the information in this Certificate and am duly authorized to make this Certificate and to request that the amount(s) claimed be entered as a judgment, or to file this Certificate as a judgment of the court, pursuant to the provisions of (applicable legislation).

 

 

SWORN/AFFIRMED

at _______________ (city/town), __________________________ (province), on the ____ (day) of ___________________ (month), ______ (year), before me                                                  

 

                                                                                                                                                                                        

Commissioner, notary public, etc.                                               (signature)

                                                                                                     Designated Certifying Official

 


Form 5A.01B

(rule 5A.01(1)(h))

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

 

BETWEEN:

 

 

 

(Claimant’s name)

CLAIMANT

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Order

 

The Defendant, having failed to pay the fine(s), late payment penalty(ies), forfeiture(s), assessment(s) or tax(es) listed on the Certificate file herein as owing to the Claimant within the time allowed for payment, as certified by the designated certifying official.

 

It is hereby ordered that judgment be entered against the Defendant in favour of the Claimant pursuant to the provisions of (insert applicable legislation) in the sum of $(insert dollar amount), being the total amount of the fine(s), late payment penalty(ies), forfeiture(s), assessment(s) and tax(es) listed on the said Certificate filed herein as owing by the Defendant, and that a copy of this Order be served on the Defendant either personally or by ordinary mail at the Defendant’s last known address.

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

 

 

(signature)

Registrar/Registry clerk

 


Form 6.03A

(rule 6.03(3))

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Acknowledgement of Receipt

 

TO:  (insert name of person being served)

 

You are served by mail with the documents enclosed with this form in accordance with the Rules of the Supreme Court, 1986.

 

You are requested to sign the acknowledgement below and mail this form immediately after you receive it.  If you fail to do so, the documents may be served on you in another manner and you may have to pay the costs of service.

 

I ACKNOWLEDGE that I have received a copy of the following documents: (To be completed in advance by the sender of the documents.  Include sufficient particulars to identify each document.)

 

 

 

(signature of person served)

 


Form 6.14A

(rule 6.14(1))

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Affidavit of Service

 

I, (person serving the document), of (city of residence), make oath and say as follows:

 

(Personal Service)

 

TO:  (name of person being served)

 

1.                  On (date), at (time), I served (name of person served) with the (identify documents served) by leaving a copy with him (or her) at (address where service was made). 

(Where the rules provide for personal service on a corporation, etc. by leaving a copy of the document with another person, substitute: by leaving a copy with (identify person by name and title) at (address where service was made).)

 

2.                  I was able to identify the person by means of (state the means by which the person’s identity was ascertained.)

 

(Service by leaving a copy with an adult person in the same household as an alternative to personal service)

 

1.                  I served (name of person served) with the (identify documents served) by leaving a copy on (date), at (time), with a person, (insert name if known), who appeared to be an adult member of the same household in which (name of person served) is residing, at (address where service was made), and by sending a copy by regular lettermail (or registered or certified mail) on (date) to (identify person served) at the same address.

 

2.                  I ascertained that the person was an adult member of the household by means of (state how it was ascertained that the person was an adult member of the household).

3.                  Before serving the documents in this way, I made an unsuccessful attempt to serve (name of person served) personally at the same address on (date).  (If more than one attempt has been made, add: and again on (date).)

 

(Service by registered mail as an alternate to personal service)

 

1.                  On (date), I sent to (name of person served) by registered mail with Canada Post Corporation item # (include number) attached to the envelope, a copy of the (identify documents served).

 

2.                  Attached is the confirmation of delivery receipt obtained from Canada Post Corporation for item # (include number) showing the envelope was delivered to (name of person served) on (date of receipt).

 

3.                  The item # on the confirmation of delivery receipt is identical to the item number on the registered mail receipt obtained from Canada Post Corporation for the envelope sent to (address where mail was delivered).

 

(Service by certified mail as an alternative to personal service)

 

1.                  On (date), I sent to (name of person served) by certified mail a copy of the (identify documents served).

 

2.                  I received the attached receipt card from Canada Post Corporation which indicates the documents were received on (date) and which bears a signature that purports to be the signature of (identify person).

 

(Service by regular lettermail as an alternative to personal service)

 

1.                  On (date), I sent to the (name of person served) by regular lettermail a copy of the (identify documents served) together with an acknowledgment of receipt form.

 

2.                  On (date), I received the attached acknowledgment of receipt form bearing a signature that purports to be the signature of (identify person).

 


SWORN/AFFIRMED

at _____________________ (city/town), ________________________ (province or, if outside of Canada, country), on the _____(day) of ____________________ (month), ______ (year), before me                                    

 

 

_____________________       

(signature)

Commissioner, notary public, etc.

 

 

 

 

 

 

 

 

 

_____________________       

(signature of affiant)


 

 


Form 7.19A

(rule 7.19)

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Application for fee waiver

 

TO THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR OR ONE OF THE JUDGES THEREOF:

 

 

If you are a party to a proceeding in the Court, complete paragraph 1.

 

If you tick that you are in receipt of income support, please attach proof of this to this application.

 

The application of (insert applicant’s name), the Applicant herein says,

 

1.              I am (please tick one box below)

 

         in receipt of income support under the Income and Employment Support Act .

 

  not in receipt of income support.

 

 

If you stated that you are not in receipt of income support, complete paragraphs 2-5.

 

Please attach documentary proof of your income (ex. notices of assessment from CRA)

 

2.              My annual income for the last three years was:

 

     $_______________________ (Year: ____________)

 

     $_______________________ (Year: ____________)

 

     $_______________________ (Year: ____________)

 

 

Please attach documentary proof of your monthly expenses (ex. bills)

3.              My monthly expenses are:

 

                 (List your monthly expenses here.)

 

 

 

 

4.              The nature of my claim/defense/appeal/etc. is:

 

(Describe the nature of your claim, defense, appeal, etc. here, or attach a copy of the document you intend to submit if the fee waiver is granted.)

 

 

5.         Please set out any other information you think the Court should know about your ability to pay the fees required:

 

(Set out any other relevant information here.)

 

 

If you are a researcher seeking to have fees waived, complete paragraphs 6-7

 

 

6.              I am conducting research on:

 

(Describe the nature of your research here.)

 

7.              I estimate that the court fees that I will incur in conducting this research amount to:

 

(Provide estimate of the total amount of fees here.)

 

 

For all applications, complete paragraph 8

 

 

8.         The applicant therefore applies for an order that

 

         all fees payable by (name of applicant) in proceeding (set out proceeding number) be waived; or

 

 

         (b) the following fees payable by (name of applicant) be waived:

 

     (List specified fees to be waived.)

 

 

 

If you have not attached documentary proof as required above, your application may be denied on that basis.
 STATEMENT OF TRUTH

 

The contents of the within application are true to the best of my information and belief.

 

SWORN/AFFIRMED

at _____________________ (city/town), ________________________ (province or, if outside of Canada, country), on the _____(day) of ____________________ (month), ______ (year), before me                                      

 

 

_____________________                                                                           _____________________       

(signature)                                                                                                                     (signature of applicant)

Commissioner, notary public, etc.                                               Whose address for service is:

(Insert address for service)

Newfoundland and Labrador

 

 

ISSUED at                                                                                    (city/town) in the Province of Newfoundland and Labrador this                              (day) of                                     (month),                    (year).

 

 

(Affix seal of the court)

 

 

 

(signature)

Registrar/Registry clerk


Form 7.20A

(rule 7.20)

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Application for costs exemption

 

TO THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR OR ONE OF THE JUDGES THEREOF:

 

If you are a party to a proceeding in the Court, complete paragraph 1.

 

If you tick that you are in receipt of income support, please attach proof of this to this application.

 

The application of (insert applicant’s name), the Applicant herein says,

 

1.              I am (please tick one box below)

 

         in receipt of income support under the Income and Employment Support Act .

 

  not in receipt of income support.

 

 

If you stated that you are not in receipt of income support, complete paragraphs 2-3.

 

Please attach documentary proof of your income (ex. notices of assessment from CRA)

 

2.              My annual income for the last three years was:

 

     $_______________________ (Year: ____________)

 

     $_______________________ (Year: ____________)

 

     $_______________________ (Year: ____________)

 

 

Please attach documentary proof of your monthly expenses (ex. bills)

3.              My monthly expenses are:

 

                 (List your monthly expenses here.)

 

 

 

 

For all applications, complete paragraph 4-6

 

 

4.              The nature of my claim/defense/appeal/etc. is:

 

(Describe the nature of your claim, defense, appeal, etc. here.)

 

 

5.         Please set out any other relevant information:

 

(Set out any other relevant information here.)

 

 

6.              The applicant therefore applies for an order that the applicant be exempt from the payment of any order for costs in the above noted proceeding.

 

 

If you have not attached documentary proof as required above, your application may be denied on that basis.

 

STATEMENT OF TRUTH

 

The contents of the within application are true to the best of my information and belief.

 


SWORN/AFFIRMED

at _____________________ (city/town), ________________________ (province or, if outside of Canada, country), on the _____(day) of ____________________ (month), ______ (year), before me                                    

_____________________       

(signature)

Commissioner, notary public, etc.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

_____________________            

(signature of applicant)

 

            Whose address for service is:

(Insert address for service)

            Newfoundland and Labrador


To:       (Each other party/solicitor for the party)

(insert address)

 

 

ISSUED at                                                                                    (city/town) in the Province of Newfoundland and Labrador this                              (day) of                                     (month),                    (year).

 

 

(Affix seal of the court)

 

 

 

(signature)

Registrar/Registry clerk

 

 

 


File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

__________________________________

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

__________________________________

DEFENDANT

 

 

 

(Modify as appropriate to match title of proceeding.)

 

Notice to the Respondent(s)

 

You are hereby notified that you must attend before a judge presiding in chambers at the Courthouse at ___________________, Newfoundland and Labrador, on __________ the _________ day of __________________, _______ at _________ to set a date for the hearing of the application in the above noted matter.

 

AND FURTHER TAKE NOTICE that the judge may make an order in favour of the applicant in your absence and without further notice unless you or your solicitor appear at the time and place noted above.

 

To:            (Each other party/solicitor for the party)

                 (insert address)

 


Form 10.01A

(rule 10.01)

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Defence

 

1.                  (Set out each allegation of the statement of claim that the defendant admits.)

2.                  (Set out the allegations of fact in support of the defence of the defendant.)

3.                  (Set out the allegations of law in support of the defence of the defendant.)

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

 

 

(Signature)

Defendant /Solicitor for Defendant

 

Whose address for service is:

(insert address)

                                                                                                                                      Newfoundland and Labrador

To:       (Each party or the solicitor for the party)

(insert address)

 

 

Form 11.02A

(rule 11.02(1))

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

AND:

 

 

 

 

 

 

(Plaintiff by counterclaim’s name)

PLAINTIFF BY COUNTERCLAIM

 

 

 

AND:

 

 

 

 

 

 

(Defendant by counterclaim’s name)

DEFENDANT BY COUNTERCLAIM

 

 

 

(Modify title of proceeding as necessary.)

 

Counterclaim

 

1.                  (Set out the material facts, in numbered paragraphs.)

2.                  The plaintiff by counterclaim therefore claims (set out the relief, remedy, or order you are requesting).

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

 

 

(signature)

Plaintiff by counterclaim/Solicitor for Plaintiff by counterclaim

 

Whose address for service is:

(insert address)

Newfoundland and Labrador

 

To:       (Each party or the solicitor for the party)

(insert address)

 

ISSUED at                                                                                    (city/town) in the Province of Newfoundland and Labrador this                              (day) of                                     (month),                    (year).

 

 

(Affix seal of the court)

 

 

 

(signature)

Registrar/Registry Clerk


File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

__________________________________

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

__________________________________

DEFENDANT

 

 

 

AND:

 

 

 

 

 

 

 

__________________________________

PLAINTIFF BY COUNTERCLAIM

 

 

 

AND:

 

 

 

 

 

 

 

__________________________________

DEFENDANT BY COUNTERCLAIM

 

 

 

 (Modify title of proceeding as necessary.)

 

Notice to Defendant(s) by Counterclaim

 

You are hereby notified that the plaintiff(s) by counterclaim may enter judgment in accordance with the statement of claim or such order as, according to the practice of the Court, the plaintiff by counterclaim is entitled to, without any further notice to you unless within _________ days, after service hereof upon you, you cause to be filed with the Supreme Court of Newfoundland and Labrador at _______________________ a defence and unless within the same time a copy of your defence is served upon the plaintiff(s) by counterclaim or the plaintiff’s solicitor(s) at the plaintiff’s solicitor(s) stated address(es) for service.

 

Provided that if the claim is for a debt or other liquidated demand and you pay the amount claimed in the statement of claim and the sum of $___________ (or such sum as may be allowed on taxation) for costs to the plaintiff(s) by counterclaim or the plaintiff’s solicitor(s) within _________days from the service of this notice upon you, then this proceeding will be stayed.

 

To:            (Defendant(s) by counterclaim)

                 (Insert address)

 

Form 12.02A

(rule 12.02)

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

AND:

 

 

 

 

 

 

(Third Party’s name)

THIRD PARTY

 

 

 

 (Modify title of proceeding as necessary.)

 

Third Party Notice

 

TO THE THIRD PARTY:

 

TAKE NOTICE that this proceeding has been brought by the plaintiff against the defendant and by the defendant against you as a third party.  In this proceeding, the plaintiff claims against the defendant (here state concisely the nature of the plaintiff’s claim) as appears from the originating document, a copy of which is attached as Schedule A.

 

AND TAKE NOTICE that the defendant also claims against you in respect of the claim set out in the statement of claim attached hereto as Schedule B.

 

AND TAKE NOTICE that you will be deemed to admit the plaintiff’s claim against the defendant and the defendant’s claim against you, and the defendant may enter judgment against you in accordance with the defendant’s claim attached hereto as Schedule B without further notice to you, unless (where a defence is to be filed) [within

 

(insert the period of time prescribed by the Rules or order. In the latter case, add the following words being the period prescribed by order dated the        day of                                          20.           )

 

days after the service of this third party notice upon you, excluding the day of service,

 

(a) you or your solicitor cause your defence to the statement of claim to be filed with the Court by either delivering or mailing the defence to the Registry; and

(b) within the same time, you or your solicitor cause a copy of your defence to be served upon the defendant or the defendant’s solicitor at the address given in the statement of claim for service by either delivering or mailing the copy to him or her at that address;] or,

(where the application is to Court) – [unless you appear on the hearing of the originating document.].

 

Schedule A

 

(Attach copy of originating document in the proceeding between the plaintiff and defendant)

 

Schedule B

 

(Attach copy of the defendant’s statement of claim or affidavit containing his claim against third party)

 

 

 

 

(signature)

Defendant/Solicitor for Defendant

 

Whose address for service is:

(insert address)

Newfoundland and Labrador

 

 

ISSUED at                                                                                    (city/town) in the Province of Newfoundland and Labrador this                              (day) of                                     (month),                    (year).

 

 

(Affix seal of the court)

 

 

 

(signature)

Registrar/Registry clerk

 


Form 18A.06A

(rule 18A.06)

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

 (Modify title of proceeding as necessary.)

 

Request for Case Management Meeting

Case Management Judge(s):               (Insert the name of the case management judge and any alternate case management judge.)

Requesting Part(y/ies):                        (Insert the name of the party or parties requesting the case management meeting.)

(Insert the name of party’s lawyer, if applicable, as well as the party’s telephone number, fax number, and email address.)

Requested date and time of case management:

(Provide dates and times you are available to attend a case management meeting.)


 

All fields in the table below are mandatory and must be completed.

1.                  Names and contact information for all counsel/self-represented litigants who will be appearing at this case management meeting:

 

Name of counsel or self-represented litigant

Telephone #

Email address or fax #

Party for whom you are appearing

1.   

 

 

 

 

2.   

 

 

 

 

(Include additional rows as necessary.)

2.                  Will an agenda be provided for this meeting? (Tick one of the boxes.)

                      Yes

                      No

3.                  Please state the reason for the case management meeting

(Provide reasons for requesting the case management meeting. You may refer to rules 18A.06(1)(a) – (e) or 18A.06(3)(a) – (I).)

4.                  Estimated time required to complete case management meeting:

(Provide an estimate of the amount of time required to complete the meeting.)

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

 

__________________________

(Signature)

Party requesting  case management meeting/Solicitor

 

Whose address for service is:

(Insert address for service)

Newfoundland and Labrador

TO:      Supreme Court of Newfoundland

                 and Labrador (General Division)


Form 20.01A

(rule 20.01(3))

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

 (Modify title of proceeding as necessary.)

 

Notice of Payment into Court

 

TAKE NOTICE that the defendant has paid the sum of $(insert dollar amount) into Court in satisfaction of (tick one of the boxes)

 

         the cause (or, where there is more than one, all of the causes of action) for which the plaintiff claims; or

 

          the following causes of action for which the plaintiff claims and the following amounts are paid in respect thereof:

 

(Set out the cause or causes of action and the respective amount for each.)

 

(Where there is a counterclaim, you may also insert the following paragraph.)

 

AND FURTHER TAKE NOTICE that the defendant has offered to surrender the following cause/causes of action in the counterclaim and has reduced the sum paid into Court by the sum of $(insert dollar amount) in allowance therefor:

 

(Set out cause or causes of action of the counterclaim and the respective amount for each.)

 


DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

__________________________

(Signature)

Defendant/Solicitor for Defendant

 

Whose address for service is:

(Insert address for service)

Newfoundland and Labrador

 

TO:      (Each party or the solicitor for the party)

(Insert address)


Form 20.03A

(rule 20.03(1))

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

 (Modify title of proceeding as necessary.)

 

Notice of Acceptance of Money Paid into Court

 

TAKE NOTICE that the plaintiff(s), (insert name(s)), accept(s) the sum of $(insert dollar amount) paid by the defendant(s), (insert name(s)), into Court in satisfaction of the cause(s) of action for which it was paid in and agrees that all further proceedings relating to the specified cause(s) of action shall be discontinued.

 

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

__________________________

(Signature)

Plaintiff/Solicitor for Plaintiff

 

Whose address for service is:

(Insert address for service)

Newfoundland and Labrador

 

TO:      (Each party or the solicitor for the party)

(Insert address)

 


Form 20A(A)

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

 (Modify title of proceeding as necessary.)

 

Offer to Settle

 

 

TO:      The plaintiff (or as may be)

The defendant (or as may be)  offers to settle your claim inclusive of pre-judgment interest for the sum of $                                and costs to be taxed.

OR:     The defendant (or as may be)                                                                            offers to settle your various claims listed hereunder for the amounts set out opposite each claim inclusive of pre-judgment interest and costs to be taxed.

OR:     The defendant (or as may be)                                                                            offers to settle your claim on the following terms:

OR:     The plaintiff (or as may be)                                                                                offers to accept the sum of $                          in full settlement of his claim and costs on condition that payment of that amount be made in cash or by certified cheque at the time of acceptance of this offer.

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

__________________________

(Signature)

Solicitor for Defendant (or as may be)

 


Form 20A(B)

 

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

 (Modify title of proceeding as necessary.)

 

Revocation of Offer to Settle

 

 

TO:      The plaintiff (or as may be)

The defendant (or as may be)  revokes his offer to settle dated the                                   day of                   20            .

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

 

__________________________

(Signature)

Solicitor for Defendant (or as may be)

 


Form 20A(C)

 

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

 (Modify title of proceeding as necessary.)

 

Acceptance of Offer to Settle

 

 

TO:      The defendant (or as may be)

The defendant (or as may be)  accepts your offer to settle dated the                           day of                                        20            .

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

__________________________

(Signature)

Solicitor for Plaintiff (or as may be)

 


Form 20A(D)

 

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(First Defendant’s name)

FIRST DEFENDANT

 

 

 

 

(Second Defendant’s name)

 SECOND DEFENDANT

 

 

 

 (Modify title of proceeding as necessary.)

 

Offer to Contribute

 

 

TO:      The defendant (or as may be)

The defendant (or as may be)                                                                                                              offers to contribute $                                     as his proportionate share towards a settlement of the plaintiff’s claim.

 

This offer to contribute is made under rule 20A.11 of the Rules of Court.

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

 

__________________________

(Signature)

Solicitor for Defendant (or as may be)


Form 27.03A

(rule 27.03)

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

 (Modify title of proceeding as necessary.)

 

Applicant’s Bond for Recovery Order

 

WHEREAS the applicant, A.B., seeks to obtain a recovery order herein against C.D., to recover the property described in the schedule;

 

NOW KNOW ALL PERSONS by these presents that I, A.B., as applicant, (and M.N. and O.P. as sureties) (upon the applicant depositing with the Court at (insert city/town), Newfoundland and Labrador, the money or securities listed below as security hereunder) firmly (bind myself), (jointly and severally bind ourselves) to C.D., his or her heirs, executors or assigns, to pay to him, her, or them the penal sum of $(insert dollar amount) upon breach of the following conditions, namely that the applicant shall,

 

(a)    on the delivery of the property to the applicant, or the filing of a bond under rule 27.06 of the Rules of the Supreme Court, 1986 obtain, without delay, an order settling who is entitled to the ownership or possession of the property;

(b)   return the property to the party or person from whom it was taken if the applicant fails without delay to obtain the order referred to in paragraph (a), or the Court so orders; and

(c)    pay such damages and costs awarded by the Court against the applicant as a result of the issue of the recovery order;

and upon the applicant fulfilling these conditions, or if the sheriff fails to recover any part of the property sought to be recovered herein and deliver the same to the applicant, this bond shall be void, but unless the Court otherwise orders, it shall remain in full force and effect.

 

This bond shall enure to the benefit of and be binding upon the parties hereto, their and each of their executors, administrators, successors and assigns.

 

DATED at                                                                 , Newfoundland and Labrador, this                            day of                                        , 20                           .

 

SIGNED, SEALED AND DELIVERED                                In the presence of:  

 

                                                                                                                                                                                                                                                                                             ________________________________

 

                                                                                                                                                                                  ________________________________

 

                                                                                                                                      ________________________________

 

 

Schedule

(insert a description of the property sufficiently to identify it)

 

 


File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

 (Modify title of proceeding as necessary.)

 

 

I,                                                                                  of                                                                                in the Province of

                                                                    make oath (or affirm) and say that I was present and did see the within bond duly executed by the parties named therein, and that the name ___________________ set and subscribed as a witness thereto, is of the proper handwriting of me, this deponent, and that the same was executed at _____________________.

 

SWORN/AFFIRMED at __________________ (city/town), ____________________ (province or, if outside of Canada, country), on the _____ (day) of ____________________ (month), ______ (year), before me                                       

 

 

_____________________            

(signature)

Commissioner, notary public, etc.

 


 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

 (Modify title of proceeding as necessary.)

 

 

We, M.N. and O.P.                                                                                       of                                                                                 in the Province of                                                                                         and                                                                              of

                                                                    in the Province of                                                                       , severally make oath (or affirm) and say:

 

That we are the proposed sureties on behalf of A.B.                                                                     the applicant named in the foregoing bond; and I the said M.N.                                                                   for myself make oath (or affirm) and say that I am worth property to the amount of $_________, over and above all encumbrances, and over and above what will pay my debts, and every other sum for which I am now bail, or for which I am liable as surety or endorser, or otherwise; and I the said O.P.                                                                   for myself make oath (or affirm) and say that I am worth property to the amount of                                      dollars over and above what will pay my debts, and every other sum for which I am now bail, or for which I am liable as surety or endorser, or otherwise.

 

The above named                                                        _, and                                                                           were severally sworn (or affirmed) before me at __________________ (city/town), ____________________ (province or, if outside of Canada, country), on the _____ (day) of ____________________ (month), ______ (year).                                    

 

 

_____________________            

(signature)

Commissioner, notary public, etc.

 


Form 27.04A

(rule 27.04)

 

                 File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

 (Modify title of proceeding as necessary.)

 

Interlocutory Recovery Order

 

TO THE SHERIFF OF NEWFOUNDLAND AND LABRADOR:

 

Before the Honourable ___________ Justice _________________

 

UPON being satisfied that the applicant has filed with this Honourable Court, an affidavit and bond in compliance with the Rules of the Supreme Court, 1986 which documents are open for inspection by any person

 

IT IS ORDERED that,

 

1. the sheriff shall recover and take immediate possession of the following property described in the schedule which is of the value of $__________ (insert description of the property sought to be recovered in the schedule thereof, and make an inventory of the property so recovered);

 

2. when the property or any part is recovered, the sheriff shall serve a true copy of this order on the party from whom the property is recovered, and on any adult person in possession of the property at the time possession is taken, and, where real property is recovered, shall post a true copy of this order in a conspicuous place thereon;

 

3. if the party from whom the property was recovered files a bond with the Court pursuant to rule 27.06 of the Rules of the Supreme Court, 1986 the Registrar shall deliver a certificate to the party stating the bond has been filed, and, on this certificate being delivered to the sheriff within three days after the service of this order on the party, the sheriff shall return the property to the party, otherwise the sheriff shall deliver possession of the property to the applicant;

 

4. upon delivery of the property to the applicant or upon filing the bond with the Court as provided in the preceding paragraph, the applicant shall forthwith continue the proceeding until judgment is entered; and

 

5. before the expiration of ninety days after the issue of this order, or within such further time as the Court orders, the sheriff shall file this order, with a report of any action taken by the sheriff hereunder, endorsed thereon or attached thereto, with the Court.

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

 

 

The solicitor for the applicant ________________________________________ (name of applicant) is _____________________________________ (name of solicitor) of ______________________________ (city/town), Newfoundland and Labrador.

 

 

 

(signature)

Registrar/Registry clerk

 

Schedule

(Insert description of the property sought to be recovered in the schedule thereof, and make an inventory of the property so recovered.)

 


Form 27.06A

(rule 27.06)

 

                 File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

 (Modify title of proceeding as necessary.)

 

Bond to Retain Property Under an
Interlocutory Recovery Order

 

WHEREAS C.D.  seeks to retain or recover property taken from C.D. under the interlocutory recovery order issued herein on the _______ day of _________________, _______, and is filing this bond with this Honourable Court in compliance with rule 27.06 of the Rules of the Supreme Court, 1986;

 

NOW KNOW ALL MEN by these presents that I, C.D., as principal, and (M.N. and O.P. as sureties) (upon C.D. depositing with the Court at ________________, Newfoundland and Labrador, the money or securities listed below as security hereunder) firmly (bind myself,) (jointly and severally bind ourselves) to A.B., the applicant, for the interlocutory recovery order herein, his or her executors, administrators and assigns, to pay to him or her or them the penal sum of ___________ dollars upon breach of the condition that I, C.D. shall

                

(a) deliver the property retained or recovered by me from the sheriff herein, as listed in the schedule attached hereto, to the applicant if it is so ordered; or

                                     

(b)                 pay to the applicant when ordered by the Court, an amount equal to the value of the property so retained or recovered which payment shall not exceed the amount secured by the bond;

 

and upon C.D. fulfilling these conditions this bond shall be void, but unless the Court otherwise orders, it shall remain in full force and effect.

 

This bond shall enure to the benefit of and be binding upon the parties hereto, each of their executors, administrators, successors and assigns.

 

DATED at                                                                 , Newfoundland and Labrador, this                            day of                                        , 20                           .

 

SIGNED, SEALED AND DELIVERED                                in the presence of:  

 

                                                                                                                                                                                                                                                                                             ________________________________

 

                                                                                                                                                                                  ________________________________

 

                                                                                                                                      ________________________________

 

 

Schedule

(Insert a description of the property sufficiently to identify it.)

 

 


File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

 (Modify title of proceeding as necessary.)

 

 

I,                                                                                  of                                                                                in the Province of

                                                                    make oath (or affirm) and say that I was present and did see the within bond duly executed by the parties named therein, and that the name ________                                          set and subscribed as a witness thereto, is of the proper handwriting of me, this deponent, and that the same was executed at _______________                                                      .

 

SWORN/AFFIRMED at __________________ (city/town), ____________________ (province or, if outside of Canada, country), on the _____ (day) of ____________________ (month), ______ (year), before me                                       

 

 

_____________________            

(signature)

Commissioner, notary public, etc.

 


 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

 (Modify title of proceeding as necessary.)

 

 

We, (M.N.) of (city/town) in the Province of ___________________and (O.P.) of                                                       in the Province of ___________________, severally make oath (or affirm) and say:

 

That we are the proposed sureties on behalf of C.D.                                                                     the principal named in the foregoing bond; and I the said M.N.                                                                   for myself make oath (or affirm) and say that I am worth property to the amount of $_________, over and above all encumbrances, and over and above what will pay my debts, and every other sum for which I am now bail, or for which I am liable as surety or endorser, or otherwise; and I the said O.P.                                                                   for myself make oath (or affirm) and say that I am worth property to the amount of                                      dollars over and above what will pay my debts, and every other sum for which I am now bail, or for which I am liable as surety or endorser, or otherwise.

 

The above named                                                        _, and                                                                           were severally sworn (or affirmed) before me at __________________ (city/town), ____________________ (province or, if outside of Canada, country), on the _____ (day) of ____________________ (month), ______ (year).                                    

 

 

_____________________            

(signature)

Commissioner, notary public, etc.

 


Form 27.13A

(rule 27.13)

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

 (Modify title of proceeding as necessary.)

 

 

Order for Sheriff to Deliver Possession of Property

 

TO THE SHERIFF OF NEWFOUNDLAND AND LABRADOR:

 

UPON READING the order of                                 Justice                                        dated the                                   day of                                                         , 20                            , filed herein, that (the plaintiff, A.B., or the defendant, C.D., as the case may be) recover from (the defendant, C.D., or the plaintiff A.B., as the case may be) possession of (or as the case may be and describing the property) that was ordered to be recovered from the defendant (or plaintiff);

 

IT IS ORDERED THAT you, as Sheriff of Newfoundland and Labrador, enter upon the lands of                                                            and cause the plaintiff (or as the case may be) to have possession of the above described property; and

 

IT IS FURTHER ORDERED THAT  upon the execution of this order, you shall forthwith file it with the Court with a report on your doings under the order endorsed thereon.

 

ISSUED at                                                                                    (city/town) in the Province of Newfoundland and Labrador this                              (day) of                                     (month),                    (year).

 

 

(Affix seal of the court)

 

 

 

(signature)

Registrar/Registry clerk


Form 29.02A

(Rule 29.02)

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

 (Modify title of proceeding as necessary.)

 

Interlocutory Application

(Inter Partes)

    

SUMMARY OF CURRENT DOCUMENT

Court File Number(s):

 

Date of Filing of Document:

 

Name of Filing Party or Person:

 

Application to which Document
being filed relates:

[e.g. Application of plaintiff for order for production of documents under rule 32.07]

Statement of purpose in filing:

[e.g . to support/oppose application; to seek directions, etc.]

Court Sub-File Number, if any:

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The application of (name of party making the application), the Applicant herein says,

 

Nature of Application

 

1. The Applicant seeks an (order/declaration/etc.) pursuant to (name the rule, statute, etc.) on the basis that

 

(i) (Set out grounds for application in numbered paragraphs)

 

(ii) …

         

 

Procedural History

 

2. The procedural history of this proceeding, insofar as it is relevant to this application, is as follows:

 

(i) (Set out procedural steps which have occurred to date in numbered paragraphs)

 

(ii) …

 

Material Facts

 

3. (Set out the material facts, in numbered paragraphs.)

 

4. …

 

Other Pertinent Information and References

 

5. (Set out other pertinent information and references, in numbered paragraphs.)

 

6. …

 

Relief Sought

 

5. The Applicant therefore applies for (set out the relief, remedy, or order you are requesting).

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

 

__________________________

(Signature)

(Party making application/Solicitor for party making application)

 

Whose address for service is:

(Insert address for service)

Newfoundland and Labrador

 

TO:           (Respondent(s) or the solicitor(s)

for respondent(s))

                 (Insert address)

 

ISSUED at                                                                                    (city/town) in the Province of Newfoundland and Labrador this                              (day) of                                     (month),                    (year).

 

(Affix seal of the court)

 

(signature)

Registrar/Registry clerk

 

 


File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Affidavit

 

I, (affiant’s name) of (city/town), (province or, if outside of Canada, country) (swear/affirm) and say as follows:

 

1. I have read and I understand the foregoing application.

 

2. I have personal knowledge of the facts contained therein and they are true to the best of my knowledge, information and belief.

 

3. (Set out the material facts, in numbered paragraphs.)

 


 


SWORN/AFFIRMED

at _____________________ (city/town), ________________________ (province or, if outside of Canada, country), on the _____(day) of ____________________ (month), ______ (year), before me                                    

 

 

_____________________       

(signature)

Commissioner, notary public, etc.

 

 

 

 

 

____________________              

(signature of affiant)


File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Notice to the Respondent(s)

 

You are hereby notified that you must attend before a judge presiding in chambers at the Courthouse at ___________________, Newfoundland and Labrador, on __________ the _________ day of __________________, _______ at ___________ [for the hearing/to set a date for the hearing (circle one)] of the application in the above noted matter.

 

AND FURTHER TAKE NOTICE that the judge may make an order in favour of the applicant in your absence and without further notice unless you or your solicitor appear at the time and place noted above.

 

TO:           (Respondent(s) or the solicitor(s)

for respondent(s))

                 (Insert address)

 


Form 29.02B

(rule 29.02)

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

In the matter of an application

of (name of applicant)

 

(OR)

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Interlocutory Application

(Ex Parte)

 

SUMMARY OF CURRENT DOCUMENT

Court File Number(s):

 

Date of Filing of Document:

 

Name of Filing Party or Person:

 

Application to which Document
being filed relates:

[e.g. Application of plaintiff for order for production of documents under rule 32.07]

Statement of purpose in filing:

[e.g . to support/oppose application; to seek directions, etc.]

Court Sub-File Number, if any:

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The application of (name of party making the application), the Applicant herein says,

 

 

Nature of Application

 

1. The Applicant seeks an (order/declaration/etc.) pursuant to (name the rule, statute, etc.) on the basis that

 

(i) (Set out grounds for application in numbered paragraphs)

 

(ii) …

         

Procedural History

 

2. The procedural history of this proceeding, insofar as it is relevant to this application, is as follows:

 

(i) (Set out procedural steps which have occurred to date in numbered paragraphs)

 

(ii) …

 

Material Facts

 

3. (Set out the material facts, in numbered paragraphs.)

 

4. …

 

Other Pertinent Information and References

 

5. (Set out other pertinent information and references, in numbered paragraphs.)

 

6. …

 

Relief Sought

 

5. The Applicant therefore applies for (set out the relief, remedy, or order you are requesting).

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

 

 

__________________________

(Signature)

(Party making application/Solicitor for party making application)

Whose address for service is:

(Insert address for service)

Newfoundland and Labrador

 

ISSUED at                                                                                    (city/town) in the Province of Newfoundland and Labrador this                              (day) of                                     (month),                    (year).

 

(Affix seal of the court)

 

(signature)

Registrar/Registry clerk


File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Affidavit

 

I, (affiant’s name) of (city/town), (province or, if outside of Canada, country) (swear/affirm) and say as follows:

 

1. I have read and I understand the foregoing application.

 

2. I have personal knowledge of the facts contained therein and they are true to the best of my knowledge, information and belief.

 

3. (Set out the material facts, in numbered paragraphs.)

 


SWORN/AFFIRMED

at _____________________ (city/town), ________________________ (province or, if outside of Canada, country), on the _____(day) of ____________________ (month), ______ (year), before me                                    

 

 

_____________________       

(signature)

Commissioner, notary public, etc.

 

 

 

 

 

 

____________________              

(signature of affiant


Form 30.04A

(rule 30.04)

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Notice of Examination

 

TAKE NOTICE that you are required to attend for the purpose of being examined in the above proceeding on                                                        , the                            day of                                       , 20                            , at                             .m., at                                                                                                 Street, in                                                                , Newfoundland and Labrador.

 

AND FURTHER TAKE NOTICE that you are also required to produce and show at the examination all books, papers, documents and records in your custody, possession and power containing any entry, memorandum or minute relating to the matters in question in this proceeding, and in particular:

 

                 (List any specific books, papers, documents or records.)

 

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

__________________________

(Signature)

Registrar/Registry Clerk

 


Form 31.01A

(rule 31.01)

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Interrogatories

 

TO:     The (Plaintiff)(Defendant)(other person)

            (insert address)

 

It is hereby required that the following interrogatories be answered by (you)(any officer or agent competent to testify on your behalf who knows the facts about which the inquiry is made) and that the answers be served upon the (Plaintiff) (Defendant) within                               days from the time these interrogatories are served on you:

 

Here set out the interrogatories in the form of concise questions. Each interrogatory should be set out in a separate paragraph and numbered consecutively.

1.      Did you… ?

 

2.      Did you not… ?

 

3.      Were you… ?

 

4.      If no, were you not… ?

 

(The defendant C.D. is required to answer interrogator(y/ies) (#).)

 

(The defendant E.F. is required to answer interrogator(y/ies) (#).)

 

(G.H., a director etc. of the defendant, the X. Co., Ltd., is required to answer interrogator(y/ies) (#).)

 

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

__________________________

(Signature)

(Party making interrogatories/Solicitor for party making interrogatories)

 

Whose address for service is:

(Insert address for service)

Newfoundland and Labrador

 


Form 31.03A

(rule 31.03)

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Answers to Interrogatories

 

In answer to the interrogatories served by the (plaintiff) (defendant) and dated the                      day of                                       , 20                            , I make oath (or affirm) and say as follows:

 

1.                  I am the (plaintiff) (defendant) (officer) (agent) of the (plaintiff) (defendant) and duly authorized to make this affidavit on its behalf.

 

2.                  As to interrogatory (#), I say (state answer based on his or her knowledge).

 

3.                  As to interrogatory (#), I say that I have no personal knowledge of any of the matters therein referred to, but to the best of my knowledge, information and belief after making proper inquiries I say that (state answer based on inquiries).

 

4.                  As to interrogatory (#), I say that to the best of my knowledge, information and belief I am unable to answer the same.  I do not know and cannot ascertain whether                                   .

 

5.                  As to interrogatory (#), I object to answering this interrogatory on the grounds that (state the grounds of objection).


SWORN/AFFIRMED

at _____________________ (city/town), ________________________ (province or, if outside of Canada, country), on the _____(day) of ____________________ (month), ______ (year), before me                                    

 

 

_____________________       

(signature)

Commissioner, notary public, etc.

 

 

 

 

 

 

 

 

 

____________________              

(signature of affiant)


 


Form 32.01A

(rule 32.01)

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

List of Documents

 

The following is a list of the documents relating to any matter in question in this proceeding that are or have been in the possession, custody or control of the (plaintiff) (defendant) and it is served in compliance with rule 32.01 (the order herein dated the                                 day of                      , 20                            ):

 

1.                  The (plaintiff) (defendant) has in                     or                             possession, custody or control the documents in this proceeding enumerated in Part 1 of the Schedule attached hereto;

 

2.                  The (plaintiff) (defendant) objects to produce the documents enumerated in Part 2 of the Schedule on the ground that they are privileged from production for the reasons stated in the Schedule;

 

3.                  The (plaintiff) (defendant) has had, but has not now, in                                   or                              possession, custody or control the documents enumerated in Part 3 of the Schedule which were last in                             or                   possession, custody or control as stated in the Schedule; and

 

4.                  Neither the (plaintiff) (defendant) nor                              or                            solicitor nor any other person on                        or                              behalf, has now or ever had, in                                   or

                       possession, custody or control any document or any description whatever relating to any matter in question in this proceeding other than the documents enumerated in the Schedule.

 

AND TAKE NOTICE that a true copy of each of the documents listed in Part 1 of the Schedule, for which privilege from production is not claimed, is attached hereto and any of these documents may be inspected by immediately communicating with the undersigned;

 

AND FURTHER TAKE NOTICE that unless you deny it by serving a notice thereof on me within ten days after being served with this list of documents, or it is denied in your pleading, or the Court otherwise orders, you shall be deemed to admit that any document listed in Part 1 of the Schedule, a true copy of which has been served on you, and described:

 

(a)                as an original document, is such a document and was printed, written, signed or executed as it purports respectively to have been; and

(b)               as a copy, is a true copy.

 

AND FURTHER TAKE NOTICE that, unless you are otherwise advised in writing, the (plaintiff) (defendant) will produce at the trial or hearing of the proceeding the documents listed in Part 1 of the Schedule, for which privilege from production is not claimed, without further notice from you.

 

Schedule

 

Part 1

 

(Here enumerate in a convenient order the documents (or bundles of documents, if of the same nature, such as invoices) in the possession, custody or control of the party that the party does not object to produce, with a short description of each document or bundle sufficiently to identify it.)

 

Part 2

 

(Here enumerate the documents in the possession, custody or control of the party that the party objects to produce on the ground of privilege, with the applicable reasons.)

 

Part 3

 

(Here enumerate the documents that at the date of service of the list, are not in the possession, custody or power of the party and give the respective dates the documents were last in the possession, custody or power of the party.)

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

__________________________

(Signature)

(Party/Solicitor for party)

 

Whose address for service is:

(Insert address for service)

Newfoundland and Labrador

 


Form 32.05A

(rule 32.05)

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Notice of Inspection

 

TAKE NOTICE that the (insert name of party serving notice) requires you to produce the following documents referred to in your (pleading) (affidavit) (list of documents) dated the                  day of                                             , 20                              , for inspection and copying:

 

(Describe documents required.)

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

 

__________________________

(Signature)

(Party serving notice/Solicitor for party)

 

Whose address for service is:

 

(Insert address for service)

Newfoundland and Labrador

 

To:       (Party being served with notice

            or the solicitor for the party)

(insert address)

 

 

Form 32.06A

(rule 32.06)

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Notice to Produce at the Trial or Hearing

 

TAKE NOTICE that you are hereby required to produce and show to the Court on the (trial) (hearing) of this proceeding all books, papers, letters, copies of letters and other writings and documents in your custody, possession or control containing any entry, memorandum or minute relating to the matters in question in this proceeding, and in particular the following: 

 

(List the documents with dares and descriptions thereof.)

 

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

 

__________________________

(Signature)

(Party serving notice/Solicitor for party)

 

Whose address for service is:

(Insert address for service)

Newfoundland and Labrador

 

To:       (Party being served with notice

            or the solicitor for the party)

(insert address)

 


Form 33.02A

(rule 33.02)

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Notice to Admit

 

TAKE NOTICE that the (insert name of party serving notice) requests (insert name of party being served with notice), within              days after service of this notice, to admit for the purposes of this proceeding only and subject to all objections to admissibility that may be asserted at the trial or hearing.

 

1.                  that each of the facts set out in Schedule A are true;

 

2.                  that each of the documents listed in Schedule B (a true copy of which is attached hereto, and if it is necessary, the document may be inspected by immediately communicating with the undersigned):

 

(a) that is specified to be an original, was written, signed or executed as it purports to have been;

 

(b) that is specified to be a copy, is a true copy; and

 

(c) that is stated to have been served, sent or delivered was so served, sent or delivered;

 

AND FURTHER TAKE NOTICE that, unless the Court otherwise orders, the truth of any such fact and authenticity of any such document will be deemed to be admitted, for the purposes of this proceeding only, unless you, within the above period, serve upon me a statement that:

 

(a) specifically denies the truth of the fact or the authenticity of the document and sets forth in detail the reasons why you cannot make the admission;

 

(b) declares that the admission of the truth of the fact or the authenticity of the document cannot be made on the ground of privilege, irrelevancy, or

 

(c) that the request is otherwise improper and sets forth in detail the reasons therefore:

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

 

__________________________

(Signature)

(Party serving notice/Solicitor for party)

 

Whose address for service is:

(Insert address for service)

Newfoundland and Labrador

 

To:       (Party being served with notice

            or the solicitor for the party)

(insert address)

 

 

Schedule A

(Here set out the facts to be admitted)

 

Schedule B

(Here list and describe each attached document)

 


Form 39B.02A

(rule 39B.02)

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Request for Settlement Conference

 

To the Court:

 

1.                  The parties confirm that it is likely that this proceeding will be resolved with the assistance of a judge.

 

2.                  The parties confirm that the pleadings are closed in this proceeding.

 

3.                  The parties request that this proceeding be placed on the Settlement Conference List.

 

4.                  The parties estimate that the Settlement Conference will take         hours.

 

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

 

__________________________

(Signature)

Plaintiff/Solicitor for Plaintiff

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

 

__________________________

(Signature)

Defendant/Solicitor for Defendant


Form 40.04A

(rule 40.04)

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Certificate of Readiness

 

1.                  The parties hereby jointly certify that, as of this date, this proceeding is ready for trial and that

-               pleadings have closed

-               no amendments to pleadings are contemplated

-               all relevant parties are before the court

-               all examinations for discovery have been completed, or are hereby waived

-               all interrogatories have been delivered and answered, or are hereby waived

-               lists of documents have been exchanged in accordance with the rules

-               all appropriate pre-trial applications have been taken

2.                  Current estimates of the  number of witnesses to be called are as follows (insert additional lines as necessary):

 

Party

Number of Witnesses

First Plaintiff:          

 

 

Second Plaintiff:

 

Third Plaintiff:

 

 

First Defendant:                                                                                                            

 

Second Defendant:

 

 

Third Defendant:

 

 

 

 

3.(a)     Current estimates of the total of documents to be presented at trial are as follows (insert additional lines as necessary):

 

Party

Number of Documents

First Plaintiff:          

 

 

Second Plaintiff:

 

Third Plaintiff:

 

 

First Defendant:                                                                                                            

 

Second Defendant:

 

 

Third Defendant:

 

 

 

(b)         A joint Book of Documents will/will not (choose one) be entered in evidence by consent.

 

(c)          It is anticipated that (check as required):

 

       audio recordings may be entered/played in evidence

       video recordings may be entered/played in evidence

       a view of                                        may be required

       a                                    language interpreter may be required for the evidence of

                                     .

 

And the party or parties proposing same hereby undertake to make all necessary arrangements to facilitate such activities at trial.

 

4.                  Current estimates of the number and area of expertise of expert witnesses to be called to give evidence are as follows:

Party

Number of Experts

Area of Expertise

First Plaintiff:          

 

 

 

Second Plaintiff:

 

 

Third Plaintiff:

 

 

 

First Defendant:                                                                                   

 

 

Second Defendant:

 

 

 

Third Defendant:

 

 

 

 

 

5.                            It has been agreed that not more than                  sitting days is a reasonable time for the hearing of all evidence and argument in this proceeding.

 

            OR

 

                   The parties are not in agreement as to their estimate of a reasonable time for the hearing of all evidence and argument in this proceeding.  The estimates of each party of the time involved in presentation of that party’s case are as follows:

 

Party

Estimate of Time Required to Present Case

First Plaintiff:          

 

 

Second Plaintiff:

 

Third Plaintiff:

 

 

First Defendant:                                                                                                            

 

Second Defendant:

 

 

Third Defendant:

 

 

 

6.                  The parties do/do not [delete one] request a settlement conference in which case they estimate      hours for its completion.

 

7.                  The parties do/do not [delete one] request a mini-trial in which case, they estimate         hours for its completion.

 

8.                  The trial record has been filed pursuant to Rule 40.04(1)(c).

 

9.                  (Check box if applicable)

 

                   Pursuant to the Jury Act we hereby jointly request that this proceeding be tried by a Judge with a Jury

 

            OR

 

                   This proceeding involves an action of defamation, malicious prosecution, false imprisonment, seduction or breach of promise of marriage and the                                              hereby requests, pursuant to subsections 32(1) and (2) of the Jury Act, that the issues of fact be tried by a judge with a jury.

 

            OR

 

                   The                               hereby requests, pursuant to section 32(3) of the Jury Act, that this proceeding be tried by a judge with a jury, for the reasons that:

 

10.              The parties hereby request, or if a settlement conference or mini-trial is requested, anticipate they will ultimately request:

 

                   the earliest available position on the General List;

 

            OR

 

                   a position that will result in trial not before                                          , on the General List;

 

            OR

 

                   a fixed date, for the reasons that: (Set out reasons.)

 

OR

 

                   an early fixed trial date, for the reasons that: (Set out reasons.)

 

OR

 

                   The parties cannot agree on the manner and times of setting down of this proceeding for trial:

Party

Party’s position and reasons

First Plaintiff:          

 

 

 

 

 

 

 

 

 

 

Second Plaintiff:

 

 

 

 

 

 

 

 

 

 

 

Third Plaintiff:

 

 

 

 

 

 

 

 

 

 

First Defendant:                                                                                                            

 

 

 

 

 

 

 

 

 

Second Defendant:

 

 

 

 

 

 

 

 

 

 

Third Defendant:

 

 

 

 

 

 

 

 

 

 

 

11.              If the proceeding is settled before trial, we will give the Registrar prompt notice of the settlement by filing a Memorandum of Settlement or Notice of Discontinuance pursuant to Rule 39.03.

 

12.              If we undertake to give promptly to the Registrar notice in writing of any information that may affect the estimated duration of trial or any changes in contemplated procedure or any circumstance that may result in delay of trial.

 

13.              The counsel who shall have carriage of the proceeding at trial and/or who are authorized and will be fully briefed to attend and participate in any pre-trial or other conference are:

 

Party

Name of counsel (you may list more than one)

First Plaintiff:          

 

 

 

 

Second Plaintiff:

 

 

 

Third Plaintiff:

 

 

 

 

First Defendant:                                                                                                            

 

 

 

Second Defendant:

 

 

 

 

Third Defendant:

 

 

 

 

 

 

14.               The parties jointly estimate that                                    hours is a reasonable time for the conduct of the pre-trial conference in this proceeding.

 

OR

 

 The parties cannot agree as to the estimate of a reasonable time for the conduct of the pre-trial conference.  The longest estimate of any party is                                 hours.

 

 

15.                                                                      Practices outside of the judicial centre in which the pre-trial conference will likely be held and therefore requests permission to participate in any pre-trial conference by telephone/teleconference and hereby agrees to be responsible for the actual costs of such telephone call or teleconference.


DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

 

__________________________

(Signature)

First Plaintiff/Solicitor for First Plaintiff

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

 

__________________________

(Signature)

Second Plaintiff/Solicitor for Second Plaintiff

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

 

__________________________

(Signature)

Third Plaintiff/Solicitor for Third Plaintiff

 

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

 

__________________________

(Signature)

First Defendant/Solicitor for First Defendant

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

 

__________________________

(Signature)

Second Defendant/Solicitor for Second Defendant

 

 

DATED at _____________ (city/town), _______________________ (province or, if outside of Canada, country), on the ________ (day) of __________________ (month), ________ (year).

 

__________________________

(Signature)

Third Defendant/Solicitor for Third Defendant

 


Form 46.23A

(rule 46.23(1))

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Subpoena

 

TO:          (insert name and address of witness)

 

You are required to attend the trial of the above proceeding in the Supreme Court, to be held in the Court House, at                                                   , Newfoundland and Labrador, on                              the                             day of                                                       , 20           , at                              o’clock     .m. and so on from day to day until the end of the trial, to give evidence on behalf of the (plaintiff) (defendant).

 

(Where applicable, insert) You are also required to bring with you to produce at the above trial the following documents or things:

 

(Describe the documents or things.)

 

Failure by you without adequate excuse to obey this subpoena may be deemed a contempt of court and render you liable to arrest and imprisonment.

 

ISSUED at                                                                                    (city/town) in the Province of Newfoundland and Labrador this                              (day) of                                     (month),                    (year).

 

 

(Affix seal of the court)

 

 

 

(signature)

Registrar/Registry clerk


Form 46.23B

(rule 46.23(5))

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Order to Bring Prisoner as Witness

 

TO THE SHERIFF OF NEWFOUNDLAND AND LABRADOR AND THE SHERIFF’S DEPUTIES (or as the Court may order):

 

IT IS ORDERED THAT  you bring before this Court at the Court House in                                            _ (city/town), Newfoundland and Labrador, on                                                (day of the week) the                _                (day of the month) day of                                             (month), _______ (year), H.N., who is being detained in the custody of, to give evidence on behalf of (plaintiff) (defendant), and so on from day to day until the end of the trial when you shall take him or her back without delay to the custody from which he or she was brought.

 

AND, IT IS ORDERED THAT the person having custody of H.N. deliver H.N. to the Sheriff of Newfoundland and Labrador of the Sheriff’s Deputies for the purpose of this order.

 

 

DATED at                                                                                    (city/town) in the Province of Newfoundland and Labrador this                              (day) of                                     (month),                    (year).

 

 

 

(signature)

Registrar/Registry clerk

Form 46.28A

(rule 46.28)

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Warrant for Arrest of a Defaulting Witness

 

TO THE SHERIFF OF NEWFOUNDLAND AND LABRADOR AND THE SHERIFF’S DEPUTIES:

 

WHEREAS IT had been made to appear to me that H.N. has been duly served with a subpoena or order requiring him or her to attend and give evidence on behalf of the (plaintiff) (defendant) at the trial of this proceeding which commenced on the                     day of                                       , 20           , that his or her fees for travel and attendance have been paid or tendered to him or her, that the said H.N. refuses or neglects to attend to give evidence as required by the subpoena or order and that his or her evidence is material.

 

IT IS ORDERED THAT you arrest H.N. and bring H.N. before me on the                              day of                      , 20                              , for the purpose of giving evidence in proceeding, and to be further dealt with according to the law.

 

 

DATED at                                                                                    (city/town) in the Province of Newfoundland and Labrador this                              (day) of                                     (month),                    (year).

 

 

 

(signature)

Registrar/Registry clerk

 


Form 47.01A

(rule 47.01(2)(a))

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Order for Examination of Persons within the Jurisdiction

 

Before the Honourable                               Justice                                                       .

 

ON HEARING                                                                          , and ON READING the affidavit of

                                                                                    , sworn to (or affirmed) on the                   day of

                                                  , 20                            .

 

IT IS ORDERED THAT A.B., of                                                                                              , and C.D., of

                                                   persons to be examined on behalf of the (plaintiff) (defendant) and any other person as solicitors or agents of the parties mutually request the examiner in writing to examine , be orally examined, cross-examined and re-examined on oath or affirmation, before                                                           , as Examiner.

 

AND IT IS ORDERED THAT the examiner appoint a time and place for the examination and give                        day’s notice in writing of the time and place to each person to be examined and to each party, his or her solicitor or agent, unless the notice is waived.

 

AND IT IS ORDERED THAT the dispositions taken at the examination, together with any book, letter, paper or document referred to therein, or certified copies of the same or extracts therefrom be filed with the Supreme Court of Newfoundland and Labrador at                                              and that a certified copy may be read and used in evidence at the (trial) (hearing) of this proceedings, saving all just exceptions, without any further proof of the absence at the (trial) (hearing) of any of the persons examined other than the affidavit of the solicitor or agent of the party using the same, as to his or her belief, and that the costs of this application and the examination be                                                                    .

 

DATED at                                                                                    (city/town) in the Province of Newfoundland and Labrador this                              (day) of                                     (month),                    (year).

 

 

 

(signature)

Registrar/Registry clerk


Form 47.01B

(rule 47.01(2)(b))

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Order for Examination of Persons Out of the Jurisdiction

 

Before the Honourable                               Justice                                                       .

 

ON HEARING                                                                          , and ON READING the affidavit of

                                                                                    , sworn to (or affirmed) on the                   day of

                                                  , 20                            .

 

IT IS ORDERED THAT A.B.                                                                   of                                                is appointed an examiner for the purpose of taking the examination, cross-examination and re-examination orally, on oath or affirmation, of A.B., of                                                                    , and C.D. of

                                                   persons to be examined on the part of the (plaintiff) (defendant), and of any other persons as the solicitors or agents of the parties shall mutually request the examiner in writing to examine,                                                                   in (name of province, territory or country).

 

AND IT IS ORDERED THAT the solicitor for the applicant give to the solicitor of each of the other parties                           days notice in writing of the date on which the solicitor for the applicant proposes to send out this order to the examiner for execution, and that                       days after the service of the notice the solicitors for the parties respectively do exchange the names of their solicitors or agents at                                                                , to whom notice relating to the examination of the persons may be sent.

 

AND IT IS ORDERED THAT                                days notice (exclusive of Saturday and Sunday) before the examination of any person hereunder shall be given by the examiner to the solicitor or agent of each of the parties and to each person to be examined unless the notice is waived.

 

AND IT IS ORDERED THAT the examination be conducted in accordance with the enclosed instructions, with such modifications as may be necessary.

 

AND IT IS ORDERED THAT the depositions when taken, together with any book, letter, paper or document, referred to therein, or certified copies of the same or extracts therefrom, be sent by the examiner, under seal, to the Supreme Court of Newfoundland and Labrador at

                                                                   , on or before the                         day of                                                       , 20,                             , or such other day as may be ordered, thereto to be filed.

 

AND IT IS ORDERED THAT either party be at liberty to read and use the depositions in evidence on the (trial) (hearing) of this proceeding, saving all just exceptions, without any further proof of the absence at the (trial) (hearing) of the persons examined other than the affidavit of the solicitor or agent of the party using the same as to his or her belief.

 

AND IT IS ORDERED THAT the (trial) (hearing) of this proceeding is stayed until the filing of the depositions, and that the costs of and incidental to this order and the examination be

                                                                   .

 

DATED at                                                                                    (city/town) in the Province of Newfoundland and Labrador this                              (day) of                                     (month),                    (year).

 

 

 

(signature)

Registrar/Registry clerk

 


Form 47.01C

(rule 47.01(2)(c))

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Order for Issue of a Letter of Request of Judicial Authority Out of the Jurisdiction

 

Before the Honourable                               Justice                                                       .

 

ON HEARING                                                                          , and ON READING the affidavit of

                                                                                    , sworn to (or affirmed) on the                   day of

                                                  , 20                            .

 

IT IS ORDERED THAT a letter of request to be issued directed to the proper judicial authority for the examination of the following persons, namely:

 

E.F. of                                            , G.H. of                                                      and such other persons as the solicitors or agents of the parties shall mutually request the judicial authority in writing to examine.

 

AND IT IS ORDERED THAT the deposition taken pursuant thereto, when received, be file with the Supreme Court of Newfoundland and Labrador at,                                                                   , Newfoundland and Labrador, and that the certified copy thereof may be read and used in evidence on the (trial) (hearing) of this proceeding, saving all just exceptions, without any further proof of the absence at the (trial) (hearing) of any of the persons examined other than the affidavit of the solicitor or agent of the party using the same as to his or her belief.

 

AND IT IS ORDERED THAT the (trial) (hearing) of this proceeding be stayed until the depositions have been filed, and that the costs of and incidental to this order, letter of request and examination be                                                       .

 

 

DATED at                                                                                    (city/town) in the Province of Newfoundland and Labrador this                              (day) of                                     (month),                    (year).

 

 

 

(signature)

Registrar/Registry clerk


Form 47.01D

(rule 47.01(2)(c))

 

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Letter of Request for Examination of Witness Out of the Jurisdiction

 

To the Judicial Authority of                                                         in the                                                          of

                                                                   .

 

WHEREAS a proceeding is now pending in the Supreme Court of Newfoundland and Labrador, (General/Family Division) in which A.B. is plaintiff and C.D. is defendant and in which the plaintiff claims                                                         (set out particulars of claim);

 

AND WHEREAS it has been represented to the Court that it is necessary for the purposes of justice and for the due determination of he matters in dispute between the parties that the following persons should be examined, upon oath or affirmation touching such matters, namely A.B. of                                                          , and C.D. of                                                                                and such other persons as the solicitors or agents of the parties shall mutually request you in writing to examine, and it appears that such persons are resident within your jurisdiction.

 

NOW THEREFORE I, M.N., a Judge of the Supreme Court of Newfoundland and Labrador (General/Family Division), hereby request that for the reasons aforesaid and for the assistance of the Court, you will be pleased to summon the solicitors or agents of the parties and the persons to be examined, to attend at such time and place as you shall appoint, either before you or such other person as according to your procedure is competent to take the examination of witnesses, and that you will cause such person to be examined orally or by interrogatories touching the matters in question, in the presence of the solicitors or agents of the plaintiff and defendant, or such of them as shall, on due notice given, attend the examination.

 

AND I FURTHER REQUEST THAT you will permit the solicitors or agent of any party, or such of them as shall be present to examine orally or by interrogatories, any person, as may, after due notice in writing, be produced on his or her behalf, and the opposing party to cross-examine the person orally or by interrogatories, and the party producing the person for examination to re-examine him or her orally or by interrogatories.

 

AND I FURTHER REQUEST THAT you will be pleased to cause the evidence of any such person to be reduced into writing, and nay book, letter, paper and document produced on the examination to be duly marked for identification, and you will be further pleased to authenticate the deposition taken on the examination and any book, letter, paper or document, or a certified copy of the same or any extract therefrom by the seal of your tribunal or in such other ways as is in  accordance with your procedure, and to return the same, together with any interrogatories and a note of the charges and expenses payable in respect of the execution of this request to the Under Secretary of State for External Affairs of Canada at                                                       , Ottawa, Canada, for transmission to the Registrar, at                                                                , Newfoundland and Labrador.

 

AND IF FURTHER REQUEST THAT you will cause the examination to be conducted in accordance with the enclosed instructions, with such modifications as may be necessary.

 

 

DATED at                                                                                    (city/town) in the Province of Newfoundland and Labrador this                              (day) of                                     (month),                    (year).

 

 

 

(signature)

Registrar/Registry clerk

 


Form 49.01A

(rule 49.01)

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Default Order

As the Defendant has not served a defence on the Plaintiff, IT IS THIS DAY ORDERED THAT,

For a liquidated demand:

the defendant pay to the plaintiff the sum of $                                                            and costs of $ ­­­­­                          

For unliquidated damages:

the defendant pay to the plaintiff damages to be assessed.

Relating to detention of goods:

the defendant deliver to the plaintiff the goods described in the statement of claim as,                       ___________            ___ or pay to the plaintiff the value of the goods to be assessed (and also damages for their detention to be assessed).

OR

the defendant pay to the plaintiff the value of the goods described in the statement of claim to be assessed (and also damages for their detention to be assessed).

For possession of land:

the defendant deliver to the plaintiff possession of the land described in the statement of claim as _______ and pay to the plaintiff the sum of $                                                                      costs.

 

DATED at                                                                                    (city/town) in the Province of Newfoundland and Labrador this                              (day) of                                     (month),                    (year).

 

 

 

(signature)

Registrar/Registry clerk


Form 49.01B

(rule 49.01)

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

 

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND:

 

 

 

 

 

 

(Defendant’s name)

DEFENDANT

 

 

 

(Modify title of proceeding as necessary.)

 

Final Order After Assessment of Damages, Etc.

Before the Honourable _________ Justice____________

UPON IT APPEARING THAT the plaintiff on the ___________ day of ____________, 20_____, obtained an interlocutory order herein against the defendant for damages to be assessed (or as the case may be);

IT IS THIS DAY ORDERED the defendant pay to the plaintiff the sum of $________ and costs to be taxed (or as the case may be).

 

DATED at                                                                                    (city/town) in the Province of Newfoundland and Labrador this                              (day) of                                     (month),                    (year).

 

 

 

(signature)

Registrar/Registry clerk


Form 49.01C

(rule 49.01)

File number: 20____ ____ G __________

 

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

GENERAL DIVISION

BETWEEN:

 

 

 

(Plaintiff’s name)

PLAINTIFF

 

 

 

AND: