Civil Procedure Rules of Nova Scotia  
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Part 8 - Counsel, Parties, and Claims

Rule 34 - Acting on One’s Own

Scope of Rule 34
34.01   A party may act on their own, in accordance with this Rule.
       
Party requiring counsel
34.02   Each of the following kinds of parties must be represented by counsel, unless a judge allows otherwise:
   
(a)
a person who requires a litigation guardian;
   
(b)
a party named in a representative capacity, such as a trustee, executor, administrator, or receiver;
   
(c)
an unascertained party.
       
Corporation acting on its own
34.03 (1) A corporate party that acts on its own must appoint an agent in writing before filing a document.
  (2) The agent must be an officer of the corporation, unless a judge orders otherwise.
  (3) The agent must be authorized to speak for, and bind, the corporation on subjects relating to the proceeding.
  (4) The corporation must file a copy of the appointment of agent.
  (5) The appointment of agent must contain the standard heading, be entitled “Appointment of Agent”, be signed by an authorized person, and include all of the following:
   
(a)
the name of the corporate party;
   
(b)
the appointment, including the name, office, and authority of the agent;
   
(c)
an acknowledgement that the agent’s authority continues until a notice of replacement of agent, or a notice of new counsel, is filed;
   
(d)
a personal representation by the person who signs the appointment that that person has authority to make the appointment and that the appointment is properly executed.
  (6) The agent must also provide the prothonotary with information for communicating with the agent, such as a telephone number, fax number, and e-mail address.
  (7) The notice of appointment of agent may be in Form 34.03.
       
Replacing agent
34.04 (1) A corporation may replace its agent by filing a replacement of agent.
  (2) The replacement of agent must contain the appointment, the same signature and information as the notice of appointment of agent, the names of the former agent and the replacement agent, and be entitled “Replacement of Agent”.
  (3) The replacement of agent may be in Form 34.04.
       
Communicate with counsel
34.05 (1) Counsel may direct a party acting on their own to communicate only through counsel, and not directly with the party counsel represents.
  (2) Counsel’s direction may be absolute or limited to subjects or circumstances.
  (3) A party who is directed by counsel about communicating with the party represented by counsel must comply with the direction.
       
Information for party on their own
34.06 (1) The prothonotary must inform a party acting on their own of how the party, or a person assisting the party, can find these Rules, and instruct the party on all of the following:
   
(a)
these Rules apply to the party and the proceeding;
   
(b)
the party must make best efforts to understand these Rules and to comply with them;
   
(c)
it is improper to communicate with a judge outside a trial or hearing, unless the prothonotary or a member of the judge’s office gives permission and every effort is made to include all parties in the communication;
   
(d)
the party must communicate with a represented party only through that party’s counsel, unless counsel gives written permission to contact the party directly;
   
(e)
each party must maintain the designated address so that everything delivered there is received by the party, and the party will be taken to have received the document even if the party fails to get it.
  (2) The prothonotary may refuse to file a document from a party acting on their own until the party has received the required instructions.
  (3) The prothonotary must file a statement that the required instructions were provided to the party acting on their own.
       
Further information
34.07   The prothonotary may provide information to a party acting on their own about the Rules and practices of the court.
       
Assistant
34.08 (1) A judge may permit a person to assist, and if necessary speak on behalf of, an individual party at a trial or hearing.
  (2) A party on behalf of whom an assistant is permitted to speak must be present when the assistant speaks, unless a judge allows otherwise.
       
Restrictions on agent or assistant
34.09 (1) A person may not speak for a party at a trial or hearing unless the person is within subsection 16(2) of the Legal Profession Act, is the appointed agent of a corporate party, or has the permission of a judge to speak on behalf of a party.
  (2) A judge may require a corporate party to replace its appointed agent.
  (3) The presiding judge may withdraw permission for a person to assist, or speak for, an individual party.
       

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