Civil Procedure Rules of Nova Scotia  
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Part 6 - Motions

Rule 24 - Appearance Day Motion

Scope of Rule 24
24.01 (1) The court provides a time and date when parties to a proceeding in which documents are filed at the Law Courts in Halifax may appear, or be required by the prothonotary or a judge to appear, before a judge for a motion made quickly and without an affidavit.
  (2) The court may provide a time for appearance day motions on issues involving the scheduling of trials and another time for all other appearance day motions.
  (3) A party to a proceeding in which documents are filed elsewhere may seek to have the same kinds of issues dealt with quickly or without an affidavit in accordance with Rule 25.03, of Rule 25 - Motion by Appointment, or Rule 26 - Conference.
  (4) A party may make a motion on appearance day, in accordance with this Rule.
       
When appearance day motion appropriate
24.02 (1) A party may make a motion on appearance day, if a Rule permits or all of the following circumstances exist:
   
(a)
the motion is brought to determine a procedural issue in dispute between parties or to compel compliance with a Rule;
   
(b)
no relevant fact can reasonably be contested;
   
(c)
the motion can be heard and determined quickly;
   
(d)
no judge has been assigned to preside at the trial or hearing of the proceeding.
  (2) The following are examples of a procedural issue in dispute between parties that is usually suitable to a motion on appearance day:
   
(a)
a disagreement about how much time will be required for the hearing of a motion in chambers or an application;
   
(b)
a disagreement about whether a date assignment conference should be allowed on the ground that the other party is lagging in making disclosure or conducting a discovery;
   
(c)
an objection to setting trial dates following a request for a date assignment conference;
   
(d)
an objection to the time, date, or place selected for a discovery, or for a motion or application in chambers, unless a motion by teleconference is more appropriate than a motion on appearance day;
   
(e)
a dispute about the method of recording, exclusion of witnesses, or order of witnesses at a discovery;
   
(f)
a dispute about the need for, or terms of, the variation;
   
(g)
appointment of a case management judge.
  (3) The following are examples of a non-compliance with a Rule that may lead to a motion on appearance day to compel compliance with the Rule:
   
(a)
not disclosing relevant documents or electronic information;
   
(b)
not performing a discovery undertaking;
   
(c)
failing to give an answer to interrogatories;
   
(d)
failing to adhere to a deadline set by a Rule.
       
Appearance day notice
24.03 (1) A party may make a motion for an order on appearance day by filing an appearance day notice.
  (2) The appearance day notice must contain the standard heading, be entitled “Appearance Day Notice”, be signed by the party or counsel, and include all of the following:
   
(a)
the name of the moving party;
   
(b)
a concise description of the proposed order;
   
(c)
the time and date when, and place where, the moving party will appear before a judge presiding in appearance day chambers;
   
(d)
a representation that the motion can be heard and determined quickly;
   
(e)
a concise statement of the reason for the motion;
   
(f)
notice that a party may make representations to the judge of any fact that is not reasonably in contention, affidavits and testimony are not provided, and the judge may act on the representations;
   
(g)
notice of the other party’s right to be present and to provide representations briefly;
   
(h)
a statement that a responding party who resides or has a place of business, or whose counsel resides or has a place of business, more than fifty kilometers from the Law Courts may make arrangements through the prothonotary to attend by telephone, or other teleconference;
   
(i)
a warning that an order may be made although the other party does not attend.
  (3) The appearance day notice may be in Form 24.03.
       
Deadline
24.04   The appearance day notice must be filed no less than five days before the day of the hearing.
       
Evidence
24.05 (1) A party may make representations to the judge on appearance day of a fact that could not reasonably be in contention.
  (2) The representations may be made in the appearance day notice and in oral submissions to the judge when the motion is heard.
  (3) The judge may act on the representations.
       

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CHAMBERS MOTION

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MOTION BY APPOINTMENT >>