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SNL1986 c42 Schedule D NEW
Link to
Rules of the Supreme Court, 1986 Amended by: 197/87 This is an office consolidation only. As an office consolidation it not to be taken as an authoritative statement of the law. Any errors or
omissions in this consolidation may be directed to the
RULES Analysis RULE 1 1.01 Citation 1.02 Application 1.03 Definitions 1.04 References to rules 1.05 Waiver of rule by agreement 1.06 Authority of solicitor to act for a party under rules RULE 2 2.01 Non-Compliance with rules 2.02 Application to set aside for irregularity 3.01 Computation of time 3.02 Newfoundland Standard Time Act 3.03 Extension, etc., of time 3.04 Notice of intention to proceed after twelve months' delay 4.01 Form 4.02 Documents 4.03 Copies of documents for other party 4.04 Practice Notes PART I RULE 5 5.01 Mode of commencing a proceeding 5.02 Commencing a proceeding (Application) 5.03 Commencing any other proceeding 5.04 Duty of Registrar on the filing of an originating document 5.05 Issue of concurrent originating document 5.06 Duration and renewal of originating document, etc. 5.07 Right to sue or defend in person or by a solicitor 5.08 Transfer of documents between judicial centres 5A.01 Interpretation 5A.02 Entry of judgment 5A.03 Filing fees 5A.04 Records 5A.05 Amendments 5A.06 Application to set aside judgment RULE 6 6.01 General provisions 6.02 Personal Service 6.03 Alternatives to personal service 6.04 Substituted service 6.05 Where notice not received 6.06 Validating service 6.07 Service of an originating document out of the province 6.08 Originating document: manner of service outside the province 6.09 Originating document: proof of service out of the province 6.10 Pleading: service 6.11 Service of non-originating documents 6.12 Service of certain documents on person under disability 6.13 Effect of service after certain hours 6.14 Affidavit of service 6.15 No service required in certain cases 6.16 Default under the Hague Convention 6A.01 Service by telecopier 6A.02 Cover page 6A.03 Transmission of certain documents 6A.04 When service is effective RULE 7 7.01 Joinder of causes of action 7.02 Joinder of parties 7.03 Court may order separate trials, etc. 7.04 Misjoinder and nonjoinder of parties 7.05 Intervenor becoming a party 7.06 Intervenor as amicus curiae 7.07 Change of parties 7.08 Provisions consequential on making of order under rule 7.04 or 7.07 7.09 Actions for possession of land 7.10 Relator actions 7.11 Representative proceeding 7.12 Representation of interested persons who cannot be ascertained, etc. 7.13 Representation of beneficiaries by trustees, etc. 7.14 Representation of deceased person interested in a proceeding 7.15 Parties to mortgage proceedings 7.16 Declaratory judgment 7.17 Conduct of a proceeding 7.18 Public Officers: Death or separation from Office 7.19 Proceeding by a person entitled to legal aid, etc. 7A.01 Interpretation 7A.02 Commencement of proceedings 7A.03 File administration 7A.04 Certification application 7A.05 Application for certification by defendant 7A.06 Subclass certification 7A.07 Class action plan 7A.08 Amendment to pleadings 7A.09 Pre-trial conference 7A.10 Settlement, discontinuance and abandonment 7A.11 Representative proceedings RULE 8 8.01 Person under disability shall commence a proceeding by guardian ad litem 8.02 Appointment of guardian ad litem 8.03 Appointment of guardian where person under disability does not oppose proceeding 8.04 Application to discharge or vary certain orders 8.05 Discovery and interrogatories 8.06 Compromise, etc., by person under disability 8.07 Approval of settlement 8.07A Application for approval of settlement sealed 8.08 Control of money received by person under disability 9.01 Proceeding by or against a firm or partners 9.02 Disclosure of partners' names 9.03 Where a partner opposes a proceeding or denies the partnership 9.04 Order against firm and partners 9.05 Enforcing order in a proceeding between partners, etc. 9.06 Application to person carrying on business in another name RULE 10 10.01 The defence 10.02 Filing a defence 10.03 Duty of Registrar on filing defence 10.04 Service of defence 10.05 Application to set aside originating document, etc. 11.01 Counterclaim against a plaintiff 11.02 Counterclaim against plaintiff and other person 11.03 Jurisdiction of Court 11.04 Application of rules to counterclaim and defence to counterclaim RULE 12 12.01 Definition 12.02 Third party notice 12.03 Application for leave to issue third party notice 12.04 Issue and service of third party notice 12.05 Defence of third party 12.06 Third party directions 12.07 Default of third party 12.08 Third party proceeding set aside or heard separately 12.09 Third and subsequent parties 12.10 Counterclaim by defendant 12.11 Offer of contribution 12.12 Application of rules to Third Party Proceedings 13.01 Entitlement to relief by way of interpleader 13.02 Claim to property taken by sheriff 13.03 Mode of application 13.04 Powers of Court on hearing application 13.05 Summary determination of application by Court 13.06 Power to order sale of goods taken in execution Service of Pleadings 14.01 Service of pleadings Form of Pleadings 14.02 Pleadings: formal requirements Rules Applicable to all Pleadings 14.03 Facts, not evidence to be pleaded 14.04 Law may be pleaded 14.05 Presumed facts need not be pleaded 14.06 Conditions precedent 14.07 Documents or conversations 14.08 Pleading in the alternative 14.09 Matter may be pleaded whenever arising 14.10 Departure 14.11 Particulars of pleading Additional Rules of Pleading Applicable to a Statement of Claim, Counterclaim and Third Party Notice 14.12 Claims for relief Additional Rules of Pleading Applicable to a Defence and Any Subsequent Pleading 14.13 Traverse and confession and avoidance 14.14 Specific denial of representative capacity, partnership or corporate existence 14.15 Denial of contract, promise or agreement 14.16 Denials in claims arising from debts, bills of exchange, etc. 14.17 Defence - claim for possession of land 14.18 Defence of tender 14.19 Defence of set-off 14.20 Costs of improper denials Rules of Pleading Applicable to Subsequent Pleadings and Close of Pleadings 14.21 Pleadings subsequent to the defence 14.22 Close of pleadings Demand for Particulars 14.23 Demand for particulars Striking Out Pleadings 14.24 Striking out pleadings, etc. 15.01 Amendment of a document filed in a proceeding 15.02 Amendments by the Court 15.03 Form and service of the amended document 15.04 Time limited for serving and filing an amended document 15.05 Filing defence to amended statement of claim, etc. 15.06 Application for disallowance of amendment made without leave 15.07 Amendment of decisions and orders 15.08 Reversal or variation of order 15.09 Power to amend on appeal 15.10 Costs of amendments 16.01 Default of defence: liquidated demands, damages, detention, etc. 16.02 Default of defence: mixed claims 16.03 Default of defence: other claims 16.04 Default of defence: in mortgage actions 16.05 Proof on default 16.06 Setting aside judgment entered by default 16.07 Right of defendant to notice 16.08 Default of defence: counterclaims and third party notice 17.01 Application for entry of a summary judgment 17.02 Disposal of application 17.03 Right to continue with residue of proceeding 17.04 Judgment on admission of facts or documents 17.05 Application to a counterclaim or third party proceeding 17.06 Setting aside judgment RULE 17A 17A.01 Summary Trial 17A.02 Evidence on Application 17A.03 Disposition of Application 17A.04 Granting of Judgment 17A.05 Effect of Dismissal of Application 17A.06 Bad Faith 17A.07 Where Trial is Necessary 17A.08 Judge Not to Preside 17A.09 Expedited Trial RULE 18 18.01 Consolidation, etc. proceeding 18.02 Separate trials or hearings in a proceeding 18A.01 Purpose 18A.02 Definitions 18A.03 Case Management Order 18A.04 Case Management Jude 18A.05 Form and Contents of Case Management Order and Subsequent Pleadings 18A.06 Case Management Meetings 18A.07 Case Management Hearings 18A.08 Multiple Proceedings Subject to One Case Management Order 18A.09 Miscellaneous RULE 19 19.01 Discontinuance of proceeding, etc., without leave 19.02 Discontinuance of proceeding, etc., with leave 19.03 Costs 19.04 Effect of discontinuance 19.05 Counterclaims and third party proceedings RULE 20 20.01 Payment into Court in satisfaction 20.02 Payment into Court of money tendered 20.03 Acceptance and payment out of money paid into Court in satisfaction 20.04 Costs on payment of money out of Court 20.05 Payment into Court by defendant with counterclaim 20.06 Payment of money out of Court to defendant 20.07 Non-disclosure of payment into Court 20.08 Counterclaims and third party proceedings 20.09 Payment into Court under The Trustee Act 20.10 Money of persons under disability 20.11 Method of payment of money into Court 20.12 Money paid into Court under order, etc. 20.13 Payment of money to estate of deceased person 20.14 Unclaimed balances paid to Consolidated Revenue Fund 20A.01 Where Available 20A.02 Time for Making Offer 20A.03 When Offer to Settle may be Revoked 20A.04 Effect of Offer 20A.05 Acceptance of Offer 20A.06 Time for Acceptance 20A.07 Effect of Acceptance 20A.08 Effect of Failure to Accept 20A.09 Multiple Defendants 20A.10 Discretion of Court 20A.11 Offer to Contribute 20A.12 Application to Counterclaims, Cross-Claims or Third Party Claims 21.01 Security for costs 21.02 Manner of giving security 21.03 Release of security 21.04 Counterclaims and third party proceedings RULE 22 22.01 Injunctions 22.02 Detention, preservation or inspection of property 22.03 Samples, experiments or photographs 22.04 Sale of perishable property, etc. 22.05 Recovery of personal property subject to lien, etc. 22.06 Allowance of income of property pendente lite 22.07 Order for early trial, etc. 23.01 Notice of change of solicitor 23.02 Notice of change of agent of solicitor 23.03 Notice of appointment of solicitor 23.04 Notice of intention to act in person 23.05 Removal of solicitor from record at instance of another party 23.06 Withdrawal of solicitor who has ceased to act for party 23.07 Advising the presiding judge 24.01 Summary order for account 24.02 Order of the Court 24.03 Accounts to be made, verified, etc. 24.04 Notice of alleged omissions or errors 24.05 Allowances 25.01 Application for receiver and injunction 25.02 Giving of security by receiver 25.03 Remuneration of receiver 25.04 Receiver's accounts 25.05 Default by receiver I. Sales in Mortgage Proceedings 26.01 Sale of mortgaged property on default 26.02 Order for amount due on mortgage 26.03 Order for deficiency 26.04 Order for distribution of surplus 26.05 Foreclosure of subsequent mortgagee 26.06 Payment of amount due on mortgagee II. Sales: General 26.07 Power to order sale, etc. of property 26.08 Power to order sale in debenture holders' proceeding 26.09 Manner of carrying out sale 26.10 Report of result of sale 26.11 Mortgage, exchange, partition, etc., under order of Court 27.01 Application for an interlocutory order 27.02 Affidavit in support of interlocutory recovery order 27.03 Bond in support of interlocutory recovery order 27.04 Recovery order 27.05 Sheriff's duty under interlocutory recovery order 27.06 Retention or repossession of property taken under an interlocutory recovery order 27.07 Recovery of shares, bonds, etc., of a body corporate 27.08 Remedies of any party or person in relation to an interlocutory recovery order 27.09 Sale or other disposition of property by Court 27.10 Recovery of unique property 27.11 Disclosure 27.12 Final judgment in the proceeding 27.13 Application for a final recovery order 27.14 Granting, etc., of recovery order on holiday 28. Rep. by 69/97 s2 29.01 Applications 29.02 Form, filing and issue of application 29.03 Place of hearing of application 29.04 Ex parte applications 29.05 Service of application 29.06 Service of other affidavits 29.07 Counterclaims and third party proceedings 29.08 Filing of documents for use of the Court 29.09 Evidence on hearing of application 29.10 Powers of court on hearing of application 29.11 Proceeding in absence of party failing to attend 29.12 Failure to prosecute application, etc., with dispatch 29.13 Setting aside order 29.14 Order for separate hearings 29.15 Filing of documents 29.16 Record of applications 29.17 Abatement 29.18 Application of rules to applications RULE 30 30.01 Persons who may be examined 30.02 Time of examination 30.03 Examiner 30.04 Notice of examination and attendance fee 30.05 Examination out of the jurisdiction 30.06 Reporting 30.07 Examination and re-examination 30.08 Scope of Examination 30.08A Correcting answers 30.09 Exhibits 30.10 Production of books, papers or documents 30.11 Objections and rulings of examiner 30.12 Delivery of depositions 30.13 Use of depositions as evidence 30.14 Penalty for refusal to attend, etc. 30.15 Order to terminate or limit examination 30.16 Costs 31.01 Interrogatories to parties or persons 31.02 Form, number, etc. of interrogatories 31.03 Answer to interrogatories 31.04 Insufficient answer 31.05 Failure to comply with order 31.06 Use of answers to interrogatories at trial 31.07 Revocation and variation of orders RULE 32 32.01 List of documents: exchange 32.02 Order for discovery of documents, etc. 32.03 Order for affidavit as to possession or custody of documents 32.04 Admission and production of documents in list of documents 32.05 Inspection of documents 32.06 Production of documents on trial or hearing 32.07 Order for production of documents 32.08 Production of business books 32.09 Newly discovered documents 32.10 Failure to comply with requirements for discovery, etc. 32.11 Revocation and variation of orders 33.01 Voluntary admissions 33.02 Notice to admit facts or documents 33.03 Judgment on admission of facts or documents 33.04 Costs on refusal to admit 33.05 Action on bill of exchange 34.01 Order for examination 34.02 Scope of examination 34.03 Persons in attendance at examination 34.04 Medical reports 34.05 Use of medical reports on a trial or hearing 34.06 Penalty for failure to be examined etc. 35.01 Appointment of expert to report on certain questions 35.02 Report of court expert 35.03 Cross-examination of court expert 35.04 Remuneration of court expert 35.05 Calling of expert witnesses RULE 36 36.01 Order for Inspection of real or personal property 37.01 Special case 37.02 Form of special case 37.03 Setting case down with leave 37.04 Court may draw inferences 37.05 Relief by agreement RULE 37A 37A.01 Definitions 37A.02 Purpose 37A.03 Court ordered mediation 37A.04 Mediators 37A.05 Procedure at mediation sessions 37A.06 Failure to attend and other non-compliance 37A.07 Results of mediation 37A.08 Costs of mediation 37A.09 Exemption RULE 38 38.01 Preliminary determination of questions of law, etc. RULE 39 39.01 Setting Down Pre-Trial Conferences 39.02 Conference Procedures 39.03 Consequences of Failure to Attend or Lack of Preparedness 39.04 Disposition of Pre-Trial Conference 39.05 Mini-Trials and Settlement Conferences 39.06 Settlement Following Conference or Mini-Trial 39.07 General Powers RULE 40 40.01 Application and Interpretation 40.02 Place of Trial 40.03 Mode of Trial 40.04 Time, etc., of Trial of Questions or Issues 40.05 Certificate of Readiness 40.06 Application where no Certificate of Readiness 40.07 Setting Down for Trial 40.08 Settlement 40.09 Consequences of Setting Down 40.10 Publication of General List 40.11 Brief for trial judge 40.12 Dismissal for Want of Prosecution 40.13 Notification of Change in Status 40.14 Abatement, etc. of Proceeding 40.15 Order for Separate Trials, etc. 40.16 General Powers 40.17 Transition 41.01 Dates and places of sittings 41.02 Right of court to extend sittings 42.01 Failure of all or any party to attend at trial 42.02 Adjournment of trial 42.03 Change of place of trial 42.04 Order of speeches 42.05 Inspection by Court 42.06 Exclusion of witnesses, etc. 42.07 Death of party before giving the decision 42.08 Right of defendant to move for dismissal 42.09 Judgment 42.10 Record of trial 42.11 Exhibits 42.12 Impounded documents 42.13 Trial with jury RULE 43 43.01 Trial or inquiry before a referee 43.02 Powers, etc. of a referee 43.03 Report of referee 43.04 Transfer from one referee to another 43.05 Assessment of damages or taking of account by referee 44.01 Assessment of damages on a trial, etc. 44.02 Judgment entered by default against some but not all defendants 44.03 Assessment of damages to time of assessment 44.04 Assessment of value 44.05 Assessment of damages by jury 44A.01 Advance payment of damages 44A.02 Application 44A.03 Determination of amount 44A.04 Payment
44A.05
Advance payment not a full determination 44A.08 Rule not exhaustive 45.01 Trial by jury 45.02 Roll call of jurors 45.03 Selection of jury 45.04 Communication to jury of payment into Court 45.05 Inspection by jury 45.06 Objections to a question at a trial with a jury 45.07 Assessment of damages by jury 45.08 Order of speeches 45.09 Answers of jury 45.10 Costs of trial by jury 46.01 Evidence by witnesses 46.02 Scope of examination and cross-examination of witnesses 46.03 Evidence by affidavit 46.04 Evidence of particular facts 46.05 Limitation of expert evidence 46.06 Limitation of plans, etc. in evidence 46.07 Expert witness; evidence of and report 46.08 Proof of any fact or document subsequent to trial 46.09 General power of Court regarding evidence 46.10 Revocation or variation of orders made under foregoing rules 46.11 Depositions: when receivable in evidence at trial 46.12 Use of evidence obtained on discovery 46.13 Use of evidence taken in another proceeding 46.14 Limitations on admissibility of documents 46.15 Documents received in evidence under The Evidence Act 46.16 Evidence of consent of new trustee to act 46.17 Service of notice 46.18 Evidence at trial may be used at any subsequent stage of the proceeding 46.19 Order to produce documents at a trial 46.20 Objections to questions 46.21 Interpreters 46.22 Determination of foreign law 46.23 Subpoena 46.24 Amendment of a subpoena 46.25 Service of a subpoena 46.26 Duration of subpoena 46.27 Subpoena of opposing party 46.28 Failure to obey subpoena 46.29 Application to trials of issues, references, etc. RULE 47 47.01 Power to order deposition to be taken 47.02 Letter of request 47.03 Enforcing attendance of persons at examination 47.04 Appointment of time and place for examination 47.05 Conduct of examination 47.06 Examination of additional persons 47.07 Objection to questions 47.08 Production of documents 47.09 Taking of depositions 47.10 Special report by examiner 47.11 Transfer of examination 47.12 Use of deposition in evidence 47.13 Order for further examination 47.14 Order for payment of examiners fees 47.15 Depositions before proceeding commenced RULE 47A 47A.01 Remote conferencing 47A.02 Arrangements for conferencing 47A.03 Costs of conferencing 48.01 Form of Affidavits 48.02 Contents of Affidavit 48.03 Exhibits 48.04 Affidavit by two or more deponents 48.05 Affidavit of body corporate or partnership 48.06 Affidavit by illiterate or blind person 48.07 Interpreter 48.08 Alterations in affidavits 48.09 Service and filing of affidavits 48.10 Cross-examination of deponent of an affidavit 48.11 Scandalous, etc., matter in affidavit 48.12 Use of defective affidavit 48.13 Proof of signature and seal of functionary taking affidavit 48.14 Use of affidavit in subsequent applications 48.15 Filing of affidavits 49.01 Form of order 49.02 Order requiring an act to be done, etc. 49.03 Drawing up of order 49.04 Settlement of form and entry of order 49.05 Orders made by the Registrar 49.06 Date on which order takes effect 49.07 Costs 49.08 Default and summary judgments 49.09 Conditional order 49.10 Amendment of orders 49.11 Satisfaction of judgment 49.12 Appeals from orders 49.13 Service of order on person not a party 49.14 Powers on hearing of an application 49.15 Order requiring deed or document to be settled 49.16 Advertising for creditors and other claimants 49.17 Examination of claims 49.18 Adjudication of claims 49.19 Certificate of judgment of Supreme Court of Canada 49.20 Judgments under the Canada and the United Kingdom Reciprocal Recognition and Enforcement of Judgments Act RULE 50 50.01 Enforcement of order for the payment or recovery of money 50.02 Enforcement of order for possession of real or personal property 50.03 Enforcement of an order to do or abstain from doing an act 50.04 Where leave to issue orders necessary 50.05 Duration of orders 50.06 Rep. by 69/97 s3 50.07 Execution by or against a person not a party 50.08 Waiver of conditional judgment or order 50.09 Stay of execution for matter occurring after entry of judgment or order 51.01 Money in Court 51.02 Wrongful execution 52.01 Application of Rule 50 52.02 Appointment of a receiver to enforce a judgment or order 52.03 Powers of a receiver 52.04 Summary application to the Court 52.05 Costs 53.01 Power to grant contempt order 53.02 Application for leave to apply for a contempt order 53.03 Power of court to order person to appear in court 53.04 Hearing of an application for a contempt order 53.05 The contempt order 53.06 Contempt by a body corporate 53.07 Contempt by a person not a party 53.08 Variation of contempt order 53A.01 Notice of appeal not a Stay 53A.02 Judge on application may stay an order 53A.03 Interest not precluded by order of stay 53A.04 Terms of order 53A.05 Rule applies to execution of judgments RULE 54 54.01 Rules to apply 54.02 Order, not writ, shall issue 54.03 Service of originating application 54.04 Appeals 54.05 Power of a judge of the Court of Appeal I. Certiorari 54.06 Application filed and served within six months 54.07 Endorsement on originating application 54.08 Return of lower court II. Quo Warranto 54.09 Application of Rules 54.10 Leave of court required 54.11 Objection to title to be specific 54.12 Substitution or relator 54.13 Consolidation of applications 54.14 Disclaimer III. Mandamus 54.15 Affidavit of prosecutor 54.16 Mandamus issued by the Court 54.17 Effect of order I. Party and Party Costs: General 55.01 Definition 55.02 Costs in discretion of Court 55.03 When costs follow the event or are determined by the rules 55.04 Party and party costs 55.05 Costs on interlocutory applications 55.06 Costs of a proceeding transferred to the Supreme Court 55.07 Costs on appeal 55.08 Costs when application abandoned 55.09 Costs agreed on settlement 55.10 Costs of a person under disability 55.11 Costs of trustee, personal representative or mortgagee 55.12 Costs of member of class represented by own solicitor 55.13 Costs of several proceedings on one bond, etc. 55.14 Costs arising from misconduct or neglect II. Solicitor and Client Costs: General 55.15 Costs to be reasonable 55.16 Fee agreement 55.17 Contingent fee agreement must be in writing 55.18 Review of agreement by taxing officer or Court 55.19 Void provisions in agreement 55.20 Death or incapacity of a solicitor 55.21 Costs payable out of trust funds 55.22 Payment in advance or security taken 55.23 Charging property for fees 55.24 Proceeding for costs III. Taxation of Costs 55.25 Appointment for taxation 55.26 Production of bill of costs by other parties 55.27 Proof of disbursements 55.28 Failure to attend on taxation, etc. 55.29 Powers of taxing officer 55.30 Disallowance of costs by taxing officer 55.31 Costs against fund or estate 55.32 Certificate of taxing officer 55.33 Enforcement of costs 55.34 Special allowances IV. Appeals from Taxation 55.35 Time and contents of appeal 55.36 Appeal confined to items specified 55.37 Powers of judge on appeal 55.38 Amendment of execution order Appendix PART II RULE 56 56.01 Priority of right to grant of probate or administration, with will annexed: 56.02 Priority of right to grant of administration 56.03 Persons to whom grant may be made 56.04 Notice of Application 56.04A Caveat 56.05 Form of application 56.06 Contents of application 56.07 Additional contents of application where deceased died testate 56.08 Form of jurat and supporting affidavits 56.09 Will, how marked 56.10 Inventory 56.11 Proof of will 56.12 Translation of will not in English 56.13 Grant of double probate 56.14 Grant of administration d.b.n. 56.15 Direction to omit interlineation, etc. 56.16 Grant where words erased, etc. 56.17 Grants to be sealed and signed by Registrar 56.18 Production of document relating to will 56.19 Proof in solemn form 56.20 Resealing 56.21 Bonds 56.22 Application to dispense with bond 56.23 Who may institute proceedings on bond 56.24 Letters of Guardianship 56.25 Accounts 56.26 Application for appointment and directions 56.27 Order for passing accounts 56.28 Dispensing with accounting: Depositing inventory and accounts 56.29 Filing of releases 56.30 Acts Book 56.31 Endorsements on all grants 56.32 Furnishing of copies from Registry 56.33 Administration Forms 56.34 Application PART II.1 Division I 56A.01
Definitions of terms 56A.02
Interpretation
Division II 56A.04
Who
may access Court records 56A.06
Starting
a family law proceeding 56A.08
Naming
the parties 56A.09
Location, transfer of family law proceedings 56A.10
How to serve documents 56A.11
Time for serving documents 56A.12
How to oppose a claim and make a claim against the applicant 56A.13
How to respond without opposing 56A.14
How to reply to a response 56A.15
Consequences of not responding
56A.17
Making
an application without notice 56A.18
Making
orders without notice 56A.19
Setting
aside orders made without notice 56A.20
What
may go in an affidavit 56A.21
How
case management works 56A.22
What
evidence the Court may consider 56A.23
How to set a trial or hearing date 56A.24
Applying for judgment in an uncontested family law proceeding 56A.25
Judgments and orders 56A.26
Whether
a party is entitled to recover costs Division
56A.27
What
forms to use 56A.28
Child support 56A.29
Custody and access 56A.30
Spousal or parental support 56A.31
Property claims 56A.32
Divorce 56A.33
When
parties apply together under the Divorce Act
(
56A.34
Rejection of application 56A.35
How to require the filing of forms 56A.36
How to require disclosure of other information
56A.38
Consequences of non-disclosure 56A.39
Requirement to keep information current 56A.40
When
non-parties have to disclose 56A.41
Failure to obey disclosure order Division IV 56A.42
How to apply for a divorce
56A.43
Divorce process 56A.44
Where
the other party is not objecting 56A.45
Applying
jointly for divorce 56A.46
Judgment of divorce 56A.47
Certificate of divorce 56A.48
How to register orders made in another judicial centre under the Divorce Act
(
56A.49
How to transfer a divorce proceeding 56A.50
Registrar to forward forms 56A.51
Corollary relief proceeding Division V 56A.52
Affidavit supporting an application for variation 56A.53
Copies of documents required 56A.54
Other
provisions apply 56A.55
Registrar to forward order - Divorce Act
(
Division VI 56A.56
Children must be named 56A.57
Discovery only by leave 56A.58
Documents required in claim for child support Division
56A.59
Applying
to nullify a marriage 56A.60
Under
the Children's Law Act
and the Divorce Act
(
56A.61
Under
the Family Law Act
and the Divorce Act
(
Division VIII 56A.62
Enforcement of judgments and orders Division IX 56A.63
Division definitions 56A.64
Application for provisional variation order 56A.65
Confirmation of provisional variation order
Division IX.1 56A.66
Division definitions 56A.67
Receipt of documents from reciprocating jurisdiction
Division X 56A.68
Investigation and report to judge 56A.69
Liberal construction 56A.70
Non compliance with rules 56A.71
Direction from judge
Division X.1 56A.74
Proceedings 56A.75 Summary judgment 56A.76 Judicial case conference Division XI 56A.77 Definitions 56A.78 Use of these Rules 56A.79 Proceedings shall be dealt
with expeditiously 56A.80 Application of the Family
Law Rules 56A.81 Commencing an application
for the return of a child 56A.82 Service of the application 56A.83 Notice to the central
authority and the contact judge 56A.84 Responding to an application
for the return of a child 56A.85 How to oppose a claim
56A.86 How to respond without
opposing 56A.87 Default 56A.88 Hearings 56A.89 Disposition 56A.90 Order 56A.91 Family Justice Services 56A.92 Case management RULE 56B 56B. Rep. by 30/10 s53 RULE 56C 56C.01 Definitions 56C.02 Application 56C.03 Family Justice Services Procedure 56C.04 Consent orders 56C.05 Non-Application of Family Justice Services Division involvement 56C.06 When a matter is urgent 56C.07 Provisional orders PART III RULE 57 57.01 Definitions 57.02 Leave to Appeal 57.03 Appeals 57.04 Tribunal Appeals 57.05 Extension of Time 57.06 Transcripts 57.07 Form of Notice of Appeal 57.08 Notice of Intention to Participate 57.09 Cross-appeal 57.10 Stay 57.11 Applications Respecting Initiation of Appeal 57.12 Directions to Clerk of Trial Court 57.13 Security for Costs 57.14 Appeal Books 57.15 Factums 57.16 Form of Factum 57.17 Application to Strike Out or Dismiss 57.18 Application to Set Time for Hearing, etc. 57.19 Discontinuance 57.20 Striking Out and Deemed Abandonment of Appeals 57.21 Evidence 57.22 Prehearing Conferences 57.23 Powers of the Court 57.24 Sessions of the Court 57.25 Delivery of Judgment 57.26 Consent Judgment 57.27 Formal Order 57.28 Disposition of Files, etc. 57.29 Entry of Orders by Registrar 57.30 Interlocutory Applications to the Court 57.31 Miscellaneous Powers PART IV RULE 58 58.01 Rule 57 applies with necessary changes RULE 59 59.01 Compensation rule 59.02 Definition 59.03 Registrar trustee compensation 59.04 Reimbursement of costs 59.05 Compensation may be restricted 59.06 Entitlement to compensation 59.07 Taxation 59.08 Commencement |