Civil Procedure Rules of Nova Scotia  
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Part 2 - Civil Proceedings

Rule 4 - Action

Scope of Rule 4
4.01 (1) A person may do any of the following, in accordance with this Rule:
   
(a)
start an action;
   
(b)
defend an action;
   
(c)
bring a counterclaim, crossclaim, or third party claim within an action;
   
(d)
have an action set down for trial.
  (2) The provisions for having an action set down for trial allow a party to request trial dates before the parties are ready for trial, and the following kinds of requirements are included as a consequence of providing for early assignment of trial dates:
   
(a)
parties, counsel, and a judge assigning the trial date are required to make diligent efforts for forecasting when the action will be ready for trial and how many days will be needed;
   
(b)
a party who becomes aware that the forecast may not be attained has a duty to request a conference with a judge
   
(c)
a party has a duty to get ready for trial in the forecasted time and participate in a trial readiness conference.
       
Notice of action
4.02 (1) A person may start an action by filing a notice of action, unless one of the following applies:
   
(a)
legislation requires the action to be started by filing a different document, such as the petition required by the Controverted Elections Act;
   
(b)
legislation, such as the Builders' Lien Act, permits the action to be started by filing a statement of claim without a notice;
   
(c)
a creditor chooses to start the action by filing a notice of action for debt under Rule 4.03.
  (2) The notice of action must include a statement of claim as part of the notice.
  (3) The notice of action must contain a standard heading written in accordance with Rule 82 - Administration of Civil Proceedings, be entitled "Notice of Action", be dated and signed, and include all of the following:
   
(a)
notice that action has been started for relief described in the attached statement of claim;
   
(b)
notice of the deadlines in Rule 31 - Notice for filing a defence;
   
(c)
notice that the plaintiff may have default judgment against the defendant, unless the defendant files a notice of defence;
   
(d)
a notice that the defendant may file a demand for notice, if the defendant does not defend the action but wishes to have further notice;
   
(e)
a statement summarizing the effect of Rule 57 - Action for Damages Under $100,000, stating how it becomes applicable, and stating whether the action is within the Rule;
   
(f)
a statement explaining how documents are filed and the requirement for immediate delivery to each party entitled to notice;
   
(g)
if there is only one plaintiff, a designation of an address for delivery of documents to the plaintiff and, if there is more than one plaintiff, a designation of one address for delivery to all plaintiffs or a separate address for each plaintiff;
   
(h)
an acknowledgement of the effect of delivery to the designated address and a statement that further contact information is available from the prothonotary;
   
(i)
the place of trial designated by the plaintiff in accordance with Rule 47 - Place of Trial or Hearing;
   
(j)
the attached statement of claim.
  (4) The statement of claim must notify the defendant of all the claims to be raised by the plaintiff at trial, conform with Rule 38 - Pleading, and include each of the following:
   
(a)
a description of the parties;
   
(b)
a concise statement of the material facts relied on by the plaintiff, but not argument or the evidence by which the material facts are to be proved;
   
(c)
reference to legislation relied on by the plaintiff, if the material facts that make the legislation applicable have been stated;
   
(d)
a concise statement of the remedies claimed, except costs.
  (5) The notice of action may be in Form 4.02A, and the statement of claim may be in Form 4.02B.
       
Notice of action for debt
4.03 (1) A plaintiff who claims only on a debt, and who claims no interest, interest under an agreement that expressly provides for the payment of interest, or prejudgment interest under the Judicature Act may start an action by filing a notice of action for debt.
  (2) A plaintiff who files a notice of action for debt may claim prejudgment interest under the Judicature Act at five percent a year calculated simply from the day the debt came due.
  (3) A prothonotary may dismiss an action brought by notice of action for debt, if the prothonotary is satisfied the plaintiff makes a claim that is not based only on a debt, such as a claim based on an unliquidated demand.
  (4) The notice of action for debt must be entitled "Notice of Action for Debt", otherwise include everything that is required in a notice of action, and provide each of the following additional statements:
   
(a)
a statement of the amount sought on default judgment expressed as the amount of the debt calculated to a recent day, a claim for interest after that day such that the defendant and the prothonotary can calculate the amount from information in the notice including the statement of claim, the amount of Tariff D costs, and a claim for disbursements to be taxed;
   
(b)
a statement that the prothonotary will dismiss the action, except the claim for taxed disbursements, if the defendant pays the amount sought for default judgment and delivers a receipt to the prothonotary;
   
(c)
a statement that the claim for disbursements may be settled or taxed.
       
  (5) The statement of claim in a notice of action for debt must notify the defendant of the basis for the claim in debt, conform with Rule 38 - Pleading, and include each of the following:
   
(a)
a description of the parties;
   
(b)
a concise statement of how the debt was incurred;
   
(c)
a concise statement of how the debt came due;
   
(d)
a statement of the rate and calculation of any interest claimed;
   
(e)
a statement showing the calculation of the amount claimed, including principal, credits, interest, and the total;
   
(f)
a statement showing how further interest is to be calculated to the date of judgment.
  (6) The notice of action for debt may be in Form 4.03A, and the statement of claim may be in Form 4.03B.
       
Expiry and renewal of a notice of action
4.04 (1) A notice of action, including a notice of action for debt, expires one year after the day it is filed, unless a defendant is notified of the action in accordance with Rule 31- Notice.
  (2) A plaintiff may make a motion to renew a notice of action for a second year by filing a notice of motion no more than fourteen months after the day the notice of action is filed.
  (3) The motion may be made ex parte, unless a judge orders otherwise.
  (4) A notice of action that is renewed for a second year expires two years after the day it is filed.
  (5) A judge may renew an expired notice of action more than fourteen months after the day the notice of action is filed only if the plaintiff satisfies the judge on either of the following:
   
(a)
reasonable efforts were made to notify the defendant of the action by effecting personal service, service could not be effected personally, and the plaintiff will make a motion for a substituted method of giving notice as soon as possible;
   
(b)
inadvertence led to the expiry, the plaintiff will suffer serious prejudice if the proceeding is terminated, and no defendant will suffer serious prejudice that cannot be compensated in costs as a result of the delay in
notification.
       
Defending an action
4.05 (1) A defendant may defend an action by filing a notice of defence.
  (2) The notice of defence must include a statement of defence as part of the notice.
  (3) The notice of defence must contain the standard heading, be entitled "Notice of Defence", be dated and signed, and include all of the following:
   
(a)
a statement identifying each defendant filing the defence;
   
(b)
a notice that the action is defended on the grounds stated in the attached statement of defence;
   
(c)
if the notice is for only one defendant, a designation of an address for delivery of documents to the defendant and, if it is for more than one defendant, a designation of one address for delivery to all defendants who file the notice or a separate address for each defendant;
   
(d)
an acknowledgement of the effect of delivery to the designated address and a statement that further contact information is available from the prothonotary;
   
(e)
the attached statement of defence.
  (4) The statement of defence must notify the plaintiff of all the defences to be raised at trial, conform with Rule 38 - Pleading, and include each of the following:
   
(a)
a statement identifying the defending party;
   
(b)
a statement of which of the facts pleaded in the statement of claim are admitted, which are not admitted only because the defendant has insufficient knowledge to admit or deny them, and which are denied;
   
(c)
a concise statement of the defendant's version of the material facts, if the defendant will seek to prove a different version of the material facts from those in the statement of claim;
   
(d)
a concise statement of the material facts relied on by the defendant for any further defence, but not argument or the evidence by which the material facts are to be proved;
   
(e)
reference to legislation relied on by the defendant, if the material facts that make the legislation applicable have been stated.
  (5) The notice of defence may be in Form 4.05A, unless the defendant also counterclaims or crossclaims, and the statement of defence may be in Form 4.05B.
  (6) A notice of defence may be filed before the deadline in Rule 31 - Notice or the time permitted by a judge who sets aside a judgment under Rule 8 - Default Judgment.
       
Demand for notice
4.06 (1) A defendant who does not have a defence to an action, or does not choose to defend an action, may demand notice of all steps in the proceeding.
  (2) The defendant may demand notice by filing a demand for notice.
  (3) The demand for notice must contain the standard heading, be entitled "Demand for Notice", be dated and signed, and include all of the following:
   
(a)
a statement identifying each defendant filing the demand;
   
(b)
a notice the demand is made;
   
(c)
if the demand is filed by one defendant, a designation of an address for delivery of documents to that defendant and, if the demand is filed by more than one defendant, a designation of one address for all defendants or a separate address for each defendant.
   
(d)
an acknowledgement of the effect of delivery to the designated address and a statement that further contact information is available from the prothonotary.
  (4) The demand for notice may be in Form 4.06.
       
Lack of jurisdiction
4.07 (1) A defendant who maintains that the court does not have jurisdiction over the subject of an action, or over the defendant, may make a motion to dismiss the action for want of jurisdiction.
  (2) A defendant does not submit to the jurisdiction of the court only by moving to dismiss the action for want of jurisdiction.
  (3) A judge who dismisses a motion for an order dismissing an action for want of jurisdiction must set a deadline by which the defendant may file a notice of defence, and the court may only grant judgment against the defendant after that time.
       
Counterclaim
4.08 (1) A defendant may counterclaim against a plaintiff for any claim the defendant has against the plaintiff.
  (2) The defendant may counterclaim by filing a notice of defence and counterclaim.
  (3) A notice of defence and counterclaim must include a statement of defence and a statement of counterclaim as parts of the notice.
  (4) The notice of defence and counterclaim must be entitled "Notice of Defence and Counterclaim", otherwise include everything that is required in a notice of defence under Rule 4.05(3), and provide all of the following:
   
(a)
a notice that a claim is made by the defendant against the plaintiff;
   
(b)
a notice that the defendant may have default judgment against the plaintiff on the counterclaim, unless the plaintiff files a statement of defence to counterclaim in the time required by Rule 31 - Notice;
   
(c)
the attached statement of counterclaim.
  (5) The statement of counterclaim must notify the plaintiff of all the claims to be raised at trial by the defendant against the plaintiff, conform with Rule 38 - Pleading, and contain everything that is required in a statement of claim under Rule 4.02(4) as if the defendant making the claim were a plaintiff.
  (6) The notice of defence and counterclaim may be in Form 4.08, the statement of defence may be in Form 4.05B, and the statement of counterclaim may be in Form 4.02B.
  (7) A notice of defence and counterclaim may be filed before the deadline in Rule 31 - Notice or before the time permitted by a judge who sets aside a judgment under Rule 8 - Default Judgment.
       
Crossclaim
4.09 (1) A defendant may crossclaim against another defendant for a claim of either of the following kinds:
   
(a)
a claim that the other defendant is liable to the first defendant for all or part of the plaintiff's claim;
   
(b)
a claim that would be consolidated with the plaintiff's action if the defendant commenced an independent action for the same claim.
  (2) The defendant may crossclaim by filing a notice of defence with crossclaim.
  (3) A notice of defence with crossclaim must include a statement of defence and a statement of crossclaim as parts of the notice.
  (4) The notice of defence with crossclaim must be entitled "Notice of Defence with Crossclaim", otherwise include everything required in a notice of defence, and include each of the following:
   
(a)
a notice that a claim is made by the defendant against the other defendant;
   
(b)
a notice that the defendant may have default judgment against the other defendant on the crossclaim, unless that defendant files a statement of defence to crossclaim within the required time;
   
(c)
the attached statement of crossclaim.
  (5) The statement of crossclaim must notify the other defendant of all the claims against the other defendant, conform with Rule 38 - Pleading, and contain everything that is required in a statement of claim under Rule 4.02(4) as if the defendant making the crossclaim were the plaintiff.
  (6) The notice of defence with crossclaim may be in Form 4.09, the statement of defence may be in Form 4.05B, and the statement of crossclaim may be in Form 4.02B.
  (7) A notice of defence with crossclaim may be filed before the deadline in Rule 31 - Notice, or before the time permitted by a judge who sets aside a judgment under Rule 8 - Default Judgment.
       
Counterclaim involving third party
4.10 (1) A defendant who claims that a plaintiff and a person who is not a party are both liable to the defendant for the same claim may proceed jointly against them by counterclaiming against the plaintiff under Rule 4.08 and, at the same time, taking action against the third party under Rule 4.11.
  (2) Despite the requirements for the heading of a notice of defence and counterclaim, a notice of defence and counterclaim filed jointly with a notice of claim against third party must contain the same heading as the notice of action with the addition of the name of each third party, described as "Third Party" or "Third Parties".
       
Third party claim
4.11 (1) A defendant may make a claim in an action against a person who is not a party, if the claim against the third party is of one of the following kinds:
   
(a)
a claim alleging that the third party is liable to the defendant for all or part of the plaintiff's claim;
   
(b)
a claim that would be consolidated with the plaintiff's action if the defendant started a new action against the third party for that claim;
   
(c)
a claim jointly against the plaintiff and the third party to which Rule 4.10(1) applies.
  (2) The defendant may start the third party action by filing a notice of claim against third party.
  (3) The notice of claim against third party must include a statement of claim against third party as part of the notice.
  (4) The notice of claim against third party must contain the standard heading varied as required by Rule 82.09(3)(b), of Rule 82 - Administration of Civil Proceedings, to give the name and title of each third party, be entitled "Notice of Claim against Third Party", be dated and signed, and include all of the following:
   
(a)
notice that a third party action has been brought for an order described in the attached statement of claim against third party;
   
(b)
a reference to each notice filed including the attached pleadings;
   
(c)
notice that the defendant may have default judgment against the third party when the main action is determined or a judge allows, unless the third party files a statement of defence in the time required by Rule 31 - Notice;
   
(d)
notice that the third party may file a demand for notice, if the third party does not defend the claim but wishes to receive further notice;
   
(e)
a statement explaining how documents are filed and the requirement for immediate delivery to each party entitled to notice;
   
(f)
the same address for delivery of documents to the defendant as in the defence;
   
(g)
an acknowledgement of the effect of delivery to the designated address and a statement that further contact information is available from the prothonotary;
   
(h)
an attached copy of each notice, including pleadings that form part of the notice, and the attached statement of claim against third party.
  (5) The statement of claim against third party must notify the third party of all the claims to be raised by the defendant against the third party, conform with Rule 38 - Pleading, and include everything required in a statement of claim under Rule 4.02(4) as if the defendant making the claim were a plaintiff.
  (6) The notice of claim against third party may be in Form 4.11, and the statement of claim against third party may be in Form 4.02B.
  (7) A notice of claim against third party may be filed before the deadline in Rule 31 - Notice for the defendant making the third party claim to file a defence, unless a judge orders otherwise.
       
Counterclaim, crossclaim, and third party claim
4.12 (1) All procedures for a plaintiff's claim and a defendant's defence apply to a counterclaim, crossclaim, and third party claim as if the party initiating the claim were a plaintiff and the party defending the claim were a defendant, with each of the following exceptions:
   
(a)
a notice filed in response to a counterclaim, crossclaim, or third party claim may be entitled so it refers to the counterclaim, crossclaim, or third party claim, such as "Notice of Defence to Counterclaim";
   
(b)
the attached pleading may refer to the counterclaim, crossclaim, or third party claim, such as "Statement of Defence to Third Party Claim";
   
(c)
a Rule that refers specifically to counterclaim, crossclaim, or third party claim prevails over other Rules to the extent of any inconsistency;
   
(d)
no order for judgment may be made against a third party under Rule 8 - Default Judgment, until the main action is determined, unless a judge permits otherwise.
  (2) A third party may defend a claim in the main action.
  (3) A third party who defends a claim in the main action must attach to the notice of defence both of the following statements of defence:
   
(a)
one giving notice to the defendant of all defences to be raised at trial in answer to the third party claim;
   
(b)
the other giving notice to the plaintiff of all defences to be raised at trial in answer to a claim in the main action.
  (4) A third party who wishes to bring a proceeding against a further party must file a notice of claim that is the same as a notice of claim against third party except the notice must describe the new party as the fourth party, and a fourth party who wishes to bring a proceeding against a further party must file a notice of claim that describes the new party as the fifth party, and so on.
  (5) A notice of claim against a fourth, fifth, or further party must contain the standard heading varied as required by Rule 82.09(3)(b), of Rule 82 - Administration of Civil Proceedings.
       
Request for date assignment conference
4.13 (1) A party may obtain a date assignment conference to appoint trial dates after pleadings close as provided in Rule 38 - Pleading, and after each party has done all of the following:
   
(a)
disclosed documents and electronic information as required;
   
(b)
discovered each individual party of whom discovery is required;
   
(c)
discovered, from each corporate party of whom discovery is required, at least the designated manager or one other officer or employee;
   
(d)
answered interrogatories required to be answered by or on behalf of the party.
  (2) A party may make a motion for permission to request a date assignment conference before each party has done everything required in Rule 4.13(1), and the party must satisfy the judge on one of the following:
   
(a)
a party is lagging in making disclosure or conducting discovery, and the party requesting the conference has made disclosure and conducted the discoveries that party requires;
   
(b)
an emergency exists, it can only be resolved by a trial, and it is clear that the parties will be ready for trial when the trial readiness conference is conducted;
   
(c)
the efficient administration of justice requires that the conference be held.
  (3) The request for a date assignment conference must include all of the following:
   
(a)
the request;
   
(b)
the party's election as required by Rule 52 - Trial by Jury;
   
(c)
a statement showing that the requirements to obtain a date assignment conference have been satisfied, or that an order for permission to request a date assignment conference has been issued;
   
(d)
a chronological list of all pleadings;
   
(e)
a chronological list of all orders affecting the future conduct of the action, or the conduct of the trial;
   
(f)
a general description of the status of the action, including information about the status of discoveries, disclosure, and expert opinion;
   
(g)
a statement of all steps in the proceeding the party making the request foresees being taken by any party before trial, including holding a discovery, delivery of an expert's report, and making a motion;
   
(h)
a general description of the documents and electronic information the party foresees being introduced by all parties at trial;
   
(i)
the number of witnesses the party expects to call and an estimate of the length of testimony by each;
   
(j)
an estimate of the number of days required for the trial and a breakdown stating the number of days attributed to each party's case and any jury selection and deliberations;
   
(k)
whether special requirements need to be accommodated;
   
(l)
whether a settlement conference is requested;
   
(m)
when the party anticipates all parties being ready for trial.
  (4) A copy of each pleading and each order affecting the future conduct of the action, or the conduct of the trial, must be attached to the request for a date assignment conference.
  (5) The request for a date assignment conference may be in Form 4.13.
       
Objecting to request for date assignment conference
4.14 (1) A party who objects to trial dates being set may make a motion for an order refusing the request for a date assignment conference, unless the request is permitted by a judge under Rule 4.13(2).
  (2) The party who makes the motion must do one of the following no more than ten days after the day the request for a date assignment conference is delivered to the objecting party, and the hearing of the motion must be set no more than fifteen days after the day of delivery:
   
(a)
file an appearance day notice in accordance with Rule 24- Appearance Day Motion, if the motion is to be heard at Halifax;
   
(b)
request a judge to provide a time and date for the motion to be heard by teleconference in accordance with Rule 25 - Motion by Appointment, if the motion is not to be heard at Halifax;
   
(c)
request a judge to permit the motion be brought by other means.
  (3) On the hearing of the motion, a judge may do any of the following:
   
(a)
refuse the request for trial dates;
   
(b)
dismiss the motion;
   
(c)
delay the holding of a date assignment conference, give directions on steps to be completed before the conference, set a deadline for filing a memorandum for the date assignment judge, and set a delayed date and time for the conference.
       
Memorandum for date assignment judge
4.15 (1) A party to whom a request for a date assignment conference is delivered, and who does not obtain an order refusing the request, must file a memorandum for the date assignment conference judge by the following deadlines:
   
(a)
no more than ten days after the day the request is delivered, if the party does not make a motion in the required time for an order refusing the request or the request is permitted by a judge;
   
(b)
no more than ten days after the day of the dismissal of a motion for an order refusing the request;
   
(c)
as directed by a judge who delays the holding of a conference.
  (2) A memorandum for the date assignment judge must contain all of the following information:
   
(a)
any correction of, or addition to, the information or estimates in the request for trial dates;
   
(b)
the number of witnesses the party expects to call and an estimate of the length of testimony by each;
   
(c)
when the party anticipates being ready for trial;
   
(d)
if applicable, the party's election of trial with or without a jury.
  (3) A memorandum for the date assignment judge may be in Form 4.15.
       
Date assignment conference
4.16 (1) The prothonotary must notify the parties of the time and date of a date assignment conference by the following deadlines:
   
(a)
no more than twenty-five days after the day the request is filed, if no party makes a motion in the required time for an order refusing the request or the request is permitted by a judge under Rule 4.13(2):
   
(b)
no more than ten days after the day a motion for an order refusing the request is dismissed.
  (2) The prothonotary must notify the parties of the location of the conference, or that it will be held by teleconference.
  (3) Outside of Halifax, a judge may give the notice of the conference or direct that notice be given by a member of the judge’s office instead of the prothonotary.
  (4) A party who intends to make a pretrial motion that may materially affect a forecast of trial readiness must do both of the following:
   
(a)
before the date assignment conference, fully inform themselves regarding how much time it will take for the motion to be presented;
   
(b)
at the date assignment conference, advise the judge of the nature of the intended motion, the intended evidence in support of the motion, the plan for proceeding with the motion, and a proposed deadline by which all documents will be filed.
  (5) The judge may refuse to set trial dates if the information provided by the parties before or during the conference is insufficient to forecast when the case will be ready for trial or to estimate the length of the trial.
  (6) The judge who is able to forecast trial readiness and estimate the length of a trial may give directions about the course of the proceeding and the conduct of the trial, and must do each of the following:
   
(a)
set the dates for trial;
   
(b)
set a trial readiness conference date no less than forty days before the first day of trial;
   
(c)
fix a finish date at no less than twenty days before the day set for the trial readiness conference, as the date when all pretrial procedures are to be finished;
   
(d)
fix a completion date for any specific task, if the judge considers that a deadline is advisable to ensure readiness for trial;
   
(e)
if a settlement conference is to be held, determine whether an ordinary or trial-like settlement conference should be conducted and set a date for a settlement conference no less than ten days before the day set for the trial readiness conference.
  (7) A judge who is satisfied that monitoring trial preparation generally, or monitoring performance of a task specifically, is necessary to ensure trial readiness may set dates for additional conferences.
       
Reconsideration
4.17   A party who becomes aware, after the date assignment conference, of information that materially affects the forecast of trial readiness or the estimate of the length of trial, must immediately request a conference to reconsider the trial dates.
       
Witness list
4.18 (1) A party must, before the finish date, file a list of the witnesses the party intends to call at trial, except a witness the party will call only to impeach the credibility of another expected witness.
  (2) A party may only call at trial a witness named on the party's witness list, unless the witness is called only to impeach the credibility of another witness or the trial judge permits the party to call the witness in order to avoid an injustice.
  (3) A party who determines to seek permission to call a witness not on the party's witness list must immediately notify all other parties and the trial judge of the determination and the grounds for asserting that the witness must be called in order to avoid an injustice.
  (4) A judge who permits a party to call a witness not on the party's witness list may order the party to indemnify each other party for expenses resulting from the permission, including expenses resulting from an adjournment if that is a result.
  (5) A party is not required to call each person on the party's witness list, but a party who decides not to call a person on the list must immediately notify all other parties and the trial judge.
     
Trial readiness conference
4.19 (1) At a trial readiness conference, a judge must ascertain whether all pretrial procedures were completed by the finish date and confirm that the parties are ready for trial.
  (2) A trial readiness conference judge who finds the parties are not ready for trial must cancel the trial dates, unless justice requires otherwise.
  (3) The trial readiness conference judge may give directions for the course of the proceeding to trial, order quick completion of a pretrial procedure the judge finds is not complete, and set a date for a settlement conference if a late settlement conference is warranted and the parties consent.
       
Adjournment of trial dates
4.20 (1) A judge may adjourn trial dates before the finish date, if all parties agree the party seeking the adjournment would suffer a greater prejudice in proceeding with the trial than other parties would suffer by losing the trial dates.
  (2) A motion for an adjournment after the finish date must be made to the trial judge, unless a judge has not been assigned or the trial judge is not available.
  (3) A judge hearing a motion for an adjournment after the finish date must consider each of the following:
   
(a)
the prejudice to the party seeking the adjournment, if the party is required to proceed to trial;
   
(b)
the prejudice to other parties, if they lose the trial dates;
   
(c)
the public interest in making the best use of court facilities, judges' time, and the time of court staff.
  (4) The judge who hears a motion for an adjournment after the finish date must presume both of the following, unless the contrary is established:
   
(a)
losing trial dates adversely affects a party's tangible and intangible interests;
   
(b)
a late adjournment adversely affects the efficient scheduling of facilities and time.
       
Remedies for refusal, cancellation, or adjournment
4.21   A judge who refuses to appoint dates for trial, cancels trial dates, or adjourns a trial may do any of the following:
   
(a)
order a party to do anything necessary so the court may appoint trial dates;
   
(b)
set a date for a date assignment conference;
   
(c)
give directions on what must be done before a party can make another request for trial dates;
   
(d)
order a party who failed to file a memorandum for a date assignment judge to indemnify another party for expenses caused by the failure;
   
(e)
order a party whose conduct caused the refusal, cancellation, or adjournment, to indemnify another party for the expense of preparing for and participating in the date assignment conference, trial readiness conference, or motion for an adjournment, and the expenses caused by the refusal, cancellation, or adjournment;
   
(f)
order a party whose conduct contributed to the refusal, cancellation, or adjournment to indemnify another party in proportion to the contribution.
       
Dormant actions to be dismissed
4.22 (1) The prothonotary must make a motion to dismiss an action five years after the day the notice of action is filed, if no trial date is set and no request for date assignment conference is filed.
  (2) The motion must include dismissal of any counterclaim, crossclaim, or third party claim in the action.
       

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