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

Rule 54 - Supplementary Rules of Evidence

Scope of Rule 54
54.01 (1) This Rule provides for rules of evidence and proof, in addition to those of the common law.
  (2) Legislation that provides for rules of evidence or proof prevails over this Rule, to the extent the legislation is inconsistent with this Rule.
       
Proof of delivery
54.02   An affidavit of delivery of a document required to be delivered in accordance with a Rule proves delivery at the time and in the manner stated in the affidavit, in the absence of evidence to the contrary.
       
Proof of law of another province
54.03 (1) The legislation of another Canadian province or territory may be proved by reference to the official publication.
  (2) The common law of a Canadian province or territory may be proved by reference to decisions of the courts and authoritative sources.
  (3) The civil law of Québec may be proved by reference to the Code Civil du Québec, other applicable legislation, decisions of the courts, and authoritative sources.
  (4) A party who satisfies the presiding judge on both of the following may lead opinion evidence on the law of another province:
   
(a)
the party has provided a report under Rule 55 - Expert Opinion;
   
(b)
the assistance of an expert is necessary and the opinion is otherwise admissible.
       
Proof of law of foreign state
54.04 (1) The law of a foreign state may be proved in either of the following ways:
   
(a)
reference to official publications of legislation, judicial decisions, and authoritative sources;
   
(b)
expert opinion, introduced in accordance with Rule 55 - Expert Opinion and the rules of evidence.
  (2) The law of a foreign state is presumed to be the same as the law of Nova Scotia, unless a party gives notice by a pleading that the law of a foreign state is in issue and proves that that law is not the same as the law of Nova Scotia.
       
Presumptions about disclosed documents or electronic information
54.05 (1) The presumptions in this Rule 54.05 apply to a document, or electronic information, disclosed in accordance with Part 5 - Disclosure and Discovery, unless a party opposed to introduction of the document, or electronic information, does either of the following:
   
(a)
denies that a presumption is true for a specific document, or electronic information, and gives reasons for the denial in writing delivered to the disclosing party no more than twenty-five days after the day a copy of the document, or electronic information, is delivered for disclosure to the denying party;
   
(b)
proves the contrary at the trial or hearing.
  (2) A copy of a disclosed document is presumed to be an exact copy of the original, and disclosed electronic information that is copied to a storage medium is presumed to have been copied from the original source.
  (3) The original of a disclosed document is presumed to have been authentically written, signed, executed, or sealed as it purports.
  (4) The original of disclosed electronic information is presumed to have been authentically created and authored as it purports.
  (5) A disclosed document or electronic information that purports to have been transmitted, or otherwise delivered, is considered to have been transmitted or otherwise delivered when, where, and how it purports.
       
Calling adverse party for cross-examination
54.06 (1) In addition to cross-examination in accordance with the rules of evidence about a hostile witness, a party may call and cross-examine a party who is adverse in interest or a person who is, when the person is called, an officer, director, or employee of a party who is adverse in interest.
  (2) The party who is called as a witness, or whose officer, director, or employee is called as a witness, by an adverse party may cross-examine the witness on subjects touched upon during the cross-examination by the adverse party.
  (3) A witness called by an adverse party, and cross-examined, may be directly examined on new subjects at the conclusion of the first cross-examinations or on recall.
       

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CONDUCT OF HEARING

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EXPERT OPINION >>