Civil Procedure Rules of Nova Scotia  
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Part 9 - Pleading, Affidavit, and Brief

Rule 40 - Brief

Scope of Rule 40
40.01   A party may prepare and submit a brief, in accordance with this Rule.
       
Counsel’s discretion
40.02 (1) A brief must concisely summarize the facts, applicable law, and arguments and be signed by the person making the submission.
  (2) Copies of authorities referred to in the brief must be delivered with the brief, unless the judge directs otherwise.
  (3) A judge may require that the brief and materials filed with it be printed, provided in an electronic format, or both.
  (4) The form of a brief is in the discretion of counsel or that of a party acting on their own, except as provided in this Rule 40.02.
       
Filing brief and delivering duplicate
40.03 (1) A party who submits a brief, other than a brief for a settlement conference, must file the brief, a duplicate of the brief for the judge, one book of authorities that conforms with Rule 40.06, and no duplicate brief of authorities.
  (2) The duplicate must be delivered to the prothonotary with the copy for the record or to the judge’s office, as the judge directs.
       
Suggestions for form and content
40.04 (1) A brief may be on neutral paper rather than letterhead, or in a neutral electronic format, similar to other court documents.
  (2) The cover page may provide all of the following:
   
(a)
the standard heading, or just the names of the parties and the court number;
   
(b)
the date and place of the motion, settlement conference, application, or trial to which the brief relates;
   
(c)
the name of counsel submitting the brief and the party counsel represents, or the name of the party submitting the brief on their own;
   
(d)
the names of all other counsel, the name of the party counsel represents, information for contacting counsel, and the names and designated addresses of parties acting on their own.
  (3) In providing the concise summary of the facts, applicable laws, and argument, the brief may be divided into numbered paragraphs, one for each new subject.
       
Book of documents with trial brief
40.05   A brief for a trial that refers to a provision of a document or electronic information to be proved at trial may, if the authenticity of the document or electronic information is uncontested, be filed with one book, or an electronic copy, of the documents or electronic information made in accordance with the following requirements:
   
(a)
include a table of contents identifying each document, or item of electronic information, by its identifier;
   
(b)
provide only copies of crucial documents, or electronic information, admitted to be authentic;
   
(c)
edit the copies to remove extraneous material, or highlight the relevant provisions;
   
(d)
separate each copy of a document or item of electronic information;
   
(e)
number the pages of a long document that is not numbered in the original and provide identifiers for the paragraphs of electronic information that are lengthy and do not identify paragraphs.
       
Book of authorities with brief
40.06 (1) A brief for a trial or hearing that refers to authorities must be filed with one book of authorities made in accordance with the following requirements:
   
(a)
include a table of contents identifying each authority by its neutral citation;
   
(b)
edit each authority to remove all text the judge does not need to read to understand the point made in the brief;
   
(c)
if the text to be copied omits paragraph numbers provided in the original publication, insert numbers;
   
(d)
separate the copies by physical tabs or by identifiers.
  (2) The book of authorities must be printed, unless a judge directs that it is to be produced electronically.
       
Destruction or return
40.07 (1) The judge to whom a brief is delivered, or a person authorized by the judge, may destroy or return a booklet of documents, a booklet of authorities, and the judge’s copy of the brief after the judge is finished with them.
  (2) A brief, booklet of documents, and booklet of authorities for a settlement conference must be destroyed or returned when the settlement conference concludes.
       

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AFFIDAVIT

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