Civil Procedure Rules of Nova Scotia  
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Part 6 - Motions

Rule 27 - Motion by Correspondence

Motion by correspondence to judge
27.01 (1) A party may make a motion to a judge by delivering correspondence only in one of the following situations:
   
(a)
a Rule permits a motion to be made by correspondence;
   
(b)
the party seeks an adjournment of, or the dismissal of, an ex parte application or ex parte motion brought by the party;
   
(c)
the party seeks permission to withdraw or adjourn the hearing of an application, and the parties agree the motion may be made by correspondence;
   
(d)
the party seeks permission to withdraw a motion or adjourn the hearing of a motion, another party does not consent as required for automatic withdrawal or adjournment under Rule 22.18(1)(a), of Rule 22 - General Provisions for Motions, and the parties agree that the motion for permission to withdraw or for adjournment may be made by correspondence;
   
(e)
the party moves for a consent order;
   
(f)
the party requests a special appointment, conference, emergency hearing outside court hours or a courthouse, directions for making a motion to a presiding judge or the prothonotary, or permission to make a motion by correspondence;
   
(g)
a judge permits a motion to be made by correspondence to that judge.
  (2) The correspondence may be delivered to the prothonotary, the judge’s office, or another person authorized by the judge.
       
Motion by correspondence to prothonotary
27.02   A party may make an ex parte motion to the prothonotary by delivering correspondence, unless the prothonotary directs otherwise.
       

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EMERGENCY MOTION >>