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RULE 1
CITATION, APPLICATION AND INTERPRETATION

Analysis



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Citation

1.01. (1) These rules may be cited as the Rules of the Supreme Court, 1986.

(2) A group of rules having the same numeral to the left of a decimal point may be cited in these rules and in documents for use in the Court as "Rule", and in other cases, as "Rule (followed by the numeral) of the Rules of the Supreme Court, 1986 ": for example, "Rule 3" and "Rule 3 of the Rules of the Supreme Court, 1986 " each means rules 3.01 to 3.04, both inclusive.

(3) A rule or part of a rule may be cited in these rules and documents for use in the Court as "rule", and in other cases as "Rule followed by the number, paragraph, clause or sub-clause of the rule cited) of the Rules of the Supreme Court, 1986 " for example, "rule 27.04(1)(b)(ii)" or "rule 27.04(1)(b)(ii) of the Rules of the Supreme Court, 1986 " each means sub-clause (ii) of clause (b) of paragraph (1) of rule 27.04.

1986 c42 Sch D rule 1.01

Application

1.02. These rules govern every proceeding in the Supreme Court of Newfoundland and Labrador , including the conduct of appeals, except where a statute otherwise provides.

1986 c42 Sch D rule 1.02; 2001 c42 s45

Definitions

1.03. In these rules

(a) "Act" means The Judicature Act, 1986;

(b) "affidavit" includes a solemn declaration, or statutory declaration and an agreed statement of facts;

(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;

(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.

(d) "decision" means the reasons given by the Court for its judgment or other order;

(e) "docket" means the list of proceedings awaiting trial;

(f) "document" includes a sound recording, photograph, film, plan, chart, graph and a record of any kind;

(g) "enter judgment", "entering judgment" or similar variations of these words mean to deliver to the Court an order embodying a judgment or to cause the Registrar to make a formal record of a judgment;

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

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

(h) "hearing" means the hearing of an application;

(i) "interlocutory application" means an application in a pending proceeding;

(j) "judgment creditor" includes a party entitled to a payment of money and costs, or either, under an order, and any executor, administrator or assignee of a judgment creditor;

(k) "judgment debtor" includes a party required to make a payment of money and costs, or either, under an order, and any executor, administrator or assignee of a judgment debtor;

(l) "mentally incompetent person" means a person, not a minor, who, by reason of infirmity of mind, is incapable of managing his or her property and affairs;

(m) "order" means an order of the court and includes a judgment, decree or ruling;

(n) "originating document" means an originating application or a statement of claim that commences a proceeding pursuant to rule 5.02 or rule 5.03;

(o) "person under disability" means a person who is a minor or a mentally incompetent person;

(p) "pleading" includes a statement of claim, application, petition, defence, notice or other such similar document filed with the Court;

(q) "property" includes real and personal property and any interest therein;

(r) "real property" includes chattels real;

(s) "referee" includes a master of the Supreme Court;

(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;

(t) "solicitor" means a Solicitor of the Supreme Court of Newfoundland and Labrador ;

(u) "taxed costs" means costs taxed in accordance with Rule 55;

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

(v.1) [Rep. by 9/18 s1]

(w) "wages" includes salaries, commissions, gratuities and other compensation for labour or services.

1986 c42 Sch D rule 1.03; 209/87 s1
2001 c42 s45; 30/10 s1; 36/14 s1; 9/18 s1

References to rules

1.04. Any reference in these rules to anything done under a rule includes a reference to the same thing done before the commencement of that rule under any corresponding rule of the Court ceasing to have effect on the commencement of that rule.

1986 c42 Sch D rule 1.04

Waiver of rule by agreement

1.05. Unless the Court otherwise orders, all the parties may, by a written agreement that is filed with the Court agree to waive any provision of a rule whereupon the provision shall not apply to the extent agreed.

36/14 s2

Authority of solicitor to act for a party under rules

1.06. Where a rule provides that any act may be done or omitted by a party, or the service of a document may be made on or by a party, or the parties may by written agreement agree to any act or omission, the term "party" shall, unless the context otherwise requires, be deemed to mean the party or the solicitor of the party.

1986 c42 Sch D rule 1.06

Duties of Registrar

1.07. Where a rule or an order provides that a duty shall be discharged by the Registrar, the duty may be discharged by a clerk, officer of employee of the Court who is assigned by the Chief Executive Officer to discharge registry functions.

36/14 s3