Civil Procedure Rules of Nova Scotia  
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Part 6 - Motions

Rule 28 - Emergency Motion

Request for emergency hearing
28.01 (1) A party may request the court appoint a time, date, and place for a motion to be heard as an emergency.
  (2) The party must make the request for an emergency hearing by providing all of the following information to the prothonotary:
   
(a)
details of the motion the party wishes to make;
   
(b)
all information concerning the availability of, and means of communicating with, a party who is to receive notice of the motion;
   
(c)
the reasons for proceeding ex parte, if the party proposes an ex parte motion;
   
(d)
a description of the evidence to be presented;
   
(e)
references to applicable legislation, Rules, or points of law;
   
(f)
a statement of when the party will be ready to file an affidavit;
   
(g)
the amount of time the hearing is likely to require;
   
(h)
the reasons for concluding that an emergency exists.
  (3) The information must be in writing, unless a judge permits otherwise.
       
Emergency motion on notice
28.02 (1) The court may provide a time, date, and place for an emergency motion to be heard on notice, if a judge is satisfied on each of the following:
   
(a)
an emergency exists of sufficient gravity to require a speedy hearing;
   
(b)
it is possible for all parties who wish to be heard to be in attendance for the motion;
   
(c)
the gravity of the emergency outweighs any inconvenience to a party.
  (2) The court must provide directions for giving notice, unless the parties agree on giving notice, and the directions may include a short notice period and a speedy method of giving notice.
  (3) A judge may give directions for conduct of the motion, including directions on notice, form of documents, filing deadlines, or evidence.
  (4) If a judge does not give directions on form of notice, the party who makes the motion may notify other parties by delivering a notice of motion under Rule 23 - Chambers Motion, with both of the following modifications:
   
(a)
the notice need not refer to the time required for the motion to be heard, and it must not refer to the judge as presiding in chambers;
   
(b)
the notice must state the name of the judge and that the motion is by special appointment to respond to an emergency.
       
Ex parte emergency motion
28.03 (1) The court may provide a time, date, and place for an ex parte emergency hearing, if a judge is satisfied that the motion falls within one of the circumstances in Rule 22.03 and that the motion cannot be heard in chambers.
  (2) A judge may give directions for making the motion, responding to the motion, and conduct of the hearing.
       
Manner of providing evidence
28.04 (1) A judge may provide directions on the manner in which evidence is to be provided on an emergency motion.
  (2) Evidence may be provided in the same ways as evidence is provided under Rule 23.08, of Rule 23 - Chambers Motion, unless the judge directs otherwise.
       
Emergency hearings outside court hours or courthouse
28.05 (1) A judge may hear a motion, at any time or place, if the judge is satisfied that the motion must be heard quickly and cannot be heard in the usual course of the court’s business.
  (2) The judge may give directions for the conduct of the motion, including directions for making and keeping a record.
       

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MOTION BY CORRESPONDENCE

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