Civil Procedure Rules of Nova Scotia  
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Part 6 - Motions

Rule 25 - Motion by Appointment

Special appointment
25.01 (1) A party may request a judge provide a special appointment for a motion to be heard by the judge.
  (2) A judge may provide for the hearing of a motion by personal attendance, or if necessary by teleconference, in accordance with this Rule 25.
       
Hearing by attendance in courtroom
25.02 (1) A judge may appoint a time, date, and place for parties to attend before the judge in a courtroom for the hearing of a motion.
  (2) A party may attend the hearing in person, personally by counsel, or, in the case of a corporation, personally by agent.
  (3) A judge may permit a party, counsel, or a corporation’s agent to attend the hearing by video conference, if the judge is satisfied on all of the following:
   
(a)
it is impractical or unfair to require personal attendance;
   
(b)
attendance by video conference will save significant expense;
   
(c)
the courtroom has been equipped with an audiovisual system of sufficient quality that the person is as good as physically present in the courtroom.
       
Hearing by teleconference without public access
25.03 (1) A judge may appoint a time and date for a motion to be heard in less than a halfhour by teleconference, if all of the following apply:
   
(a)
it is impractical or unfair to require the parties to attend before the judge;
   
(b)
a hearing by teleconference will save significant time or expense;
   
(c)
there is no serious disagreement on the facts in relation to the motion, or the difficulties arising from any disagreement are outweighed by the practicality or fairness of proceeding by teleconference;
   
(d)
there is to be a recording sufficient to allow public scrutiny.
  (2) Each of the following is an example of circumstances in which it may be appropriate to request a short hearing by teleconference:
   
(a)
parties cannot resolve an important procedural question for an upcoming trial or hearing, the parties are not able to conveniently appear before the judge, and the trial or hearing judge’s ruling in advance of the trial or hearing may avoid an adjournment or other significant expense;
   
(b)
a party has strong reasons for requesting an adjournment, the parties are not able to appear before the judge immediately, and significant expenses may be avoided if the request is determined promptly;
   
(c)
a party moves to change the place of an application or motion and, for the same reasons as support the change, it is unfair to require the party to appear at a place where the judge is available;
   
(d)
the court has provided a time, date, and place for an emergency chambers hearing and the parties may be available by teleconference for a motion to shorten a notice period or provide for a speedy method of giving notice.
  (3) The party who requests a motion be held by teleconference must initiate the teleconference and the court must record it, unless a judge directs otherwise.
       
Hearing by teleconference with public access
25.04 (1) A judge who is satisfied on all of the following may provide a time and date for a motion to be heard by teleconference:
   
(a)
the teleconference will be accessible by the public in a courtroom;
   
(b)
a court reporter will be present in the courtroom;
   
(c)
the hearing will be logged and recorded in the same way as a hearing in a courtroom;
   
(d)
it is impractical or unfair to require the parties to attend before the judge;
   
(e)
a hearing by teleconference will save significant time or expense;
   
(f)
there is no serious disagreement on the facts in relation to the motion, or the difficulties arising from any disagreement are outweighed by the practicality or fairness of proceeding by teleconference.
  (2) A judge who determines whether to allow a hearing by teleconference must weigh the benefits of holding the teleconference against the need for the court to be physically present in the community and other advantages of personal attendance before a judge.
       
Directions or Rule 23 - Chambers Motion applies
25.05 (1) A judge may give directions for notice, form of documents, filing deadlines, evidence, and conduct of a motion heard by appointment under Rules 25.02, 25.03, or 25.04.
  (2) In the absence of directions, the provisions of Rule 23 - Chambers Motion apply to the form of documents, filing deadlines, evidence, and conduct of the motion, except a notice of motion, or an ex parte motion, must state the name of the judge and either of the following:
   
(a)
the place of a motion to be heard in a courtroom;
   
(b)
how each party and the judge, or the judge hearing an ex parte motion, will be contacted by the moving party at the time of a motion by teleconference.
  (3) Unless the parties agree or a judge directs otherwise, a teleconference must be set up so that each party is present before the judge in the same way, including both of the following:
   
(a)
no party is to be in the same room as the judge;
   
(b)
a party will only have access to a visual transmission, if all parties have access to it.
       

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