Civil Procedure Rules of Nova Scotia  
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Part 6 - Motions

Rule 29 - Motion to Presiding Judge

Assigned judge to hear all motions
29.01 (1) After it is confirmed in a trial readiness conference that the parties are ready for trial, all pretrial motions must be made to the judge assigned to preside at the trial, unless no judge is assigned as yet, the assigned judge determines that another judge should hear the motion, or the assigned judge is not available within the time required for the motion.
  (2) A prehearing motion in an application, judicial review, or appeal to be heard less than sixty days before the hearing of the application, judicial review, or appeal must be made to the judge assigned to hear the proceeding, unless no judge is assigned as yet, the assigned judge determines that another judge should hear the motion, or the assigned judge is not available within the time required for the motion.
  (3) The assigned judge may give directions for the procedure to be followed on a motion made before, during, or after the trial or hearing.
  (4) In the absence of directions, the following Rules apply on a motion to a presiding judge:
   
(a)
notice may be given orally during a trial or hearing;
   
(b)
a written or oral notice must be given as soon as possible after the decision to make the motion is, itself, made;
   
(c)
the evidence in support of the motion may be led at the trial, provided at the hearing, or provided under Rule 23.08, of Rule 23 - Chambers Motion;
   
(d)
the motion may be dealt with by direction, ruling, or order made on record, by order made on record and to be confirmed later in a written order, or by written order.
       

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EMERGENCY MOTION

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MOTION TO PROTHONOTARY >>