Civil Procedure Rules of Nova Scotia  
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Part 6 - Motions

Rule 30 - Motion to Prothonotary

Motion to prothonotary generally
30.01 (1) A party may make a motion to the prothonotary to do anything that the prothonotary is authorized to do under a Rule.
  (2) The prothonotary may refer the motion to a judge, and the judge may determine the motion.
  (3) The prothonotary may request an opinion from a judge before determining a motion.
  (4) The prothonotary who refers a motion or requests an opinion must place a record of the reference and its result, or the request and the opinion, in the file for the proceeding.
  (5)
A prothonotary may direct a party who makes a motion to the prothonotary to make the motion to a judge in chambers or otherwise as the prothonotary and the party agree or, failing agreement, as the prothonotary directs.
       
Ex parte motion
30.02 (1) A party may make an ex parte motion to the prothonotary in writing or, unless the other party is entitled to notice, orally.
  (2) The prothonotary must make a record of a motion made orally.
       
Motion on notice
30.03 (1) The prothonotary may give directions for making a motion to the prothonotary on notice.
  (2) The prothonotary may direct any of the following:
   
(a)
the time, date, and place when and where the motion will be heard;
   
(b)
the form and content of a notice of motion;
   
(c)
time for delivery of the notice of motion;
   
(d)
the manner of presenting evidence, representations or submissions;
   
(e)
whether the motion will be heard on record.
       
Review by judge
30.04 (1) A person affected by an order made by the prothonotary may make a motion to a judge under Rule 23 - Chambers Motion for a review of the prothonotary’s order.
  (2) The motion must be started by filing a notice of motion no more than ten days after the day the person receives notice of the order.
  (3) On the review, the judge may consider the evidence placed on record before the prothonotary and further evidence provided by a party in accordance with Rule 23.
  (4) The reviewing judge may exercise any discretion the prothonotary could exercise, and substitute the judge’s opinion for that of the prothonotary.
  (5) The judge may dismiss or grant the motion for review.
  (6) A judge who grants the motion may make any of the following kinds of orders:
   
(a)
an order the prothonotary could have made;
   
(b)
an order providing relief from the order of the prothonotary or the consequences of it;
   
(c)
an order referring the subject back to the prothonotary with directions.
       

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MOTION TO PRESIDING JUDGE

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NOTICE AND PLACE
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