Civil Procedure Rules of Nova Scotia  
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Part 11 - Trial and Hearing

Rule 49 - Sittings

Scope of Rule 49
49.01 (1) This Rule provides for chambers and sittings of the court without a jury at any time or place in Nova Scotia, and it sets the periods and places for jury trials.
  (2) This Rule also modifies procedures provided in legislation so as to adapt the procedures to open sittings of the court and to hold chambers.
       
Sittings of the court, or a judge, without jury
49.02 (1) The court sits when and where the court is called into session.
  (2) A judge holds chambers whenever the judge conducts business of the court without the court being called into session, such as in chambers or during a motion heard by conference.
       
References to sittings in legislation
49.03   For the purpose of Section 49 of the Judicature Act, legislation requiring something to be done at or before a sitting or session of the court is satisfied if it is done in accordance with these Rules, or at the direction of a judge.
       
Jury sittings
49.04 (1) The court sits for jury trials at Halifax and Sydney from the first day the office of the prothonotary is open in September until the third Friday in December and from the first day the office of the prothonotary is open in January until the last work day in June.
  (2) The court sits for jury trials at the places, for the periods, and starting on the Monday or, if Monday is a day the office of the prothonotary is closed, the next day the office of the prothonotary is open after the Monday shown on the following chart:
   
Place Number of Weeks Monday
Amherst
3
1st in February
3
3rd in March
3
3rd in May
3
3rd in September
Annapolis Royal
1
3rd in May
1
3rd in October
Antigonish
3
1st in February
3
3rd in April
3
3rd in September
Bridgewater
3
1st in March
3
1st in May
3
1st in September
3
1st in November
Digby
2
1st in May
2
1st in October
Kentville
3
1st in May
3
1st in November
Pictou
3
2nd in January
3
1st in April
3
1st in September
Port Hawkesbury
3
last in April
3
last in October
Shelburne
1
3rd in June
1
3rd in October
Truro and the Municipality of East Hants
4
3rd in March
4
1st in May
4
1st in September
Yarmouth
2
1st in June
2
1st in October
  (3) The court sits for jury trials at any other time and place as a majority of the judges decide, or the Chief Justice directs.
  (4) A presiding judge may extend a sitting.
       
Scheduling sittings
49.05   The judges, including the Chief Justice, of the Supreme Court of Nova Scotia establish sessions, sittings, and circuits without making a Rule under Section 29 of the Judicature Act.
       

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TRANSLATION, INTERPRETATION, AND ASSISTANCE

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SUBPOENA >>