Civil Procedure Rules of Nova Scotia  
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Part 5 - Disclosure and Discovery

Rule 19 - Interrogatories

Scope of Rule 19
19.01 (1) This Rule allows a party to question a person in writing, unless the question was answered by the witness on discovery.
  (2) A party may demand answers in writing from any person and the person must provide the answers, in accordance with this Rule.
       
Demand for answers
19.02 (1) A party may deliver a demand for answers if the party is satisfied that obtaining the answers in that manner will promote the just, speedy, and inexpensive resolution of the proceeding.
  (2) A party who decides to deliver a demand for answers must make best efforts to prepare clearly and plainly stated questions in a number and manner that promotes the just, speedy, and inexpensive resolution of the proceeding.
       
Questions that may be asked
19.03   A demand for answers must demand answers that are not privileged and are relevant or provide information that is likely to lead to relevant information.
       
Time for demand
19.04 (1) A demand for answers from an individual party or designated manager may be delivered anytime after the day pleadings close in an action or the day a notice of contest is filed in an application.
  (2) A demand for answers from an officer or employee of a corporate party other than the designated manager, or from a non-party, may only be made after the party making the demand has finished discovery of parties.
       
Contents of demand
19.05 (1) The demand for answers must contain the standard heading, be entitled “Interrogatories”, be dated and signed, and include all of the following:
   
(a)
a statement that the party making the demand is satisfied that obtaining the answers in that manner will promote the just, speedy, and inexpensive resolution of the proceeding;
   
(b)
the name of the person required to answer the questions;
   
(c)
a demand that the person provide a response no more than twenty days after the day the demand is delivered;
   
(d)
questions listed by number, each one of which asks only one question, simply and concisely;
   
(e)
a statement that the person must not fail to respond to the demand;
   
(f)
a statement that the person may refuse to answer a question that calls for privileged information, or information that is irrelevant and will not lead to relevant information;
   
(g)
a statement that the person may make a motion to a judge to excuse the person from answering a question;
   
(h)
a warning that a judge may award costs against the person, if the judge orders the person to answer a question;
   
(i)
a requirement that the person deliver the response to the party making the demand and deliver copies to each other party, at the party’s address for delivery.
  (2) The demand for answers may be in Form 19.05.
       
Who must respond
19.06   A person whose answers are demanded must answer the questions, except any of the following persons may answer for another person if the answering person first obtains all information that is known by or available to the other person:
   
(a)
a litigation guardian, for a party who is a child or person with a disability;
   
(b)
a parent or guardian, for a child who is not a party or a person who is unable to manage their affairs and is not a party;
   
(c)
a designated manager, for an officer or employee of a corporate party.
       
Response
19.07 (1) A person to whom a demand for answers is delivered must deliver a response to each party no more than twenty days after the day the demand is delivered.
  (2) The person must answer each question, unless the question is of one of the following kinds:
   
(a)
the question calls for information that is irrelevant and will not lead to relevant evidence;
   
(b)
it calls for privileged information;
   
(c)
the question was fully answered on discovery;
   
(d)
taken alone, or in combination with related questions, it is expressed with such complexity or elaboration that the person should not have to answer it.
  (3) The response must contain the standard heading, be entitled “Response to Interrogatories”, be sworn or affirmed by the person answering the questions, and provide a reference to each question and either of the following:
   
(a)
the answer to the question;
   
(b)
a refusal to answer the question and the reason for the refusal.
  (4) The response may be in Form 19.07.
       
Enforcement and discretion to excuse
19.08 (1) A judge may order a person to answer a question in a demand, or excuse a person from answering a question, absolutely or on conditions.
  (2) A judge may order a person who fails to respond to a demand or unreasonably refuses to answer a question to indemnify the party who made the demand for the expense of obtaining an answer.
       
Error in answer to interrogatory
19.09   A party who discovers that they, or their employee or officer, gave an erroneous or incomplete response to a demand for answers must immediately notify each other party of the error or incompleteness and, unless the parties agree or a judge orders otherwise, provide the correct and complete information in a new response to interrogatories.
       
Use of answer
19.10   A response may be used at trial, on an application, or on a motion, in the same way evidence given at discovery may be used under Rule 18.20, of Rule 18 - Discovery.
       

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