Civil Procedure Rules of Nova Scotia  
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Part 17 - Administration

Rule 82 - Administration of Civil Proceedings

Scope of Rule 82
82.01   This Rule provides generally for administration of civil proceedings in the Supreme Court of Nova Scotia, to the extent that provision is not made by another Rule.
       
Responsibility of Chief Justice
82.02 (1) The Chief Justice has responsibility for the administration of civil proceedings in the Supreme Court of Nova Scotia, except as provided in these Rules or by general order of the court.
  (2) The Chief Justice may delegate responsibility to an Associate Chief Justice or another judge, including delegating to a resident judge the power to give directions to a prothonotary in the district for which the judge is appointed.
       
Responsibilities of prothonotary
82.03 (1) The prothonotary has responsibility to do all of the following:
   
(a)
first, to follow a direction of the Chief Justice and comply with an order imposing a responsibility on the prothonotary;
   
(b)
second, and subject to the first responsibility, to act in accordance with, and enforce, these Rules;
   
(c)
third, and subject to the first and second responsibilities, to manage the administration of civil proceedings in the place for which the prothonotary is appointed.
  (2) The prothonotary may fulfill a responsibility by making requests of, and working with, the court administrator and other public officials who fulfill government responsibilities to provide necessary services, resources, and other assistance to the court.
       
Delegation by prothonotary
82.04 (1) The prothonotary may delegate a power or assign a duty to a deputy prothonotary, except for each of the following:
   
(a)
making a motion to a judge for a dismissal under Rule 4 - Action, Rule 5 - Application, or Rule 7 - Judicial Review and Appeal, or for a change of place under Rule 32 - Place of Proceedings;
   
(b)
the hearing and determination of a motion made on notice under Rule 30 - Motion to Prothonotary;
   
(c)
making an order under Rule 43 - Temporary Recovery Order or Rule 44 - Attachment;
   
(d)
issuing a letter of request under Rule 56 - Commission Evidence;
   
(e)
granting an order confirming sale under Rule 72 - Mortgages;
   
(f)
making a report to the Chief Justice or the court as a whole;
   
(g)
accepting, or refusing to accept, a document for filing as provided in Rule 82.05;
   
(h)
acting as official referee under Section 53 of the Judicature Act;
   
(i)
complying with an order that requires or permits the prothonotary to do something and does not permit delegation.
  (2) The prothonotary for Halifax may delegate to a scheduler designated by the Chief Justice a power to appoint a time, date, or place for conduct of a trial, hearing, or other business by a judge.
  (3) The prothonotary who has a duty to appoint a time, date, or place for conduct of business by a judge outside Halifax may assign the duty to a scheduler designated by the Chief Justice or by a judge resident in the judicial district that includes the place for which the prothonotary is appointed.
  (4) The prothonotary may delegate or assign to a court reporter a power or duty involving the conduct of the trial or hearing of a proceeding, hearing of a motion, or any other business of the court conducted on record.
  (5) The prothonotary who is, or expects to be, absent for vacation or for another reason may designate a prothonotary appointed for another place to act as the prothonotary.
       
Filing documents
82.05 (1) The prothonotary must accept for filing a document that is authorized by a Rule to be filed, and that conforms with a Rule about its content.
  (2) The prothonotary may accept for filing a document that does not conform with a Rule about the content of the document and must do so when both of the following are brought to the attention of the prothonotary:
   
(a)
the document is intended to start a proceeding or make a crossclaim, counterclaim, or third party claim in an action;
   
(b)
the person seeking to file the document may lose a substantive right, such as a claim to which the Limitation of Actions Act may apply, unless the document is filed.
  (3) A prothonotary who accepts for filing a document that does not conform with a Rule about the content of the document may accept the document conditionally, provide the conditions in writing to the person who files the document, and return the document if a condition is not fulfilled.
  (4) The prothonotary may only file a document that is authorized to be filed by these Rules, and each of the following is an example of a document that is not authorized by these Rules to be filed:
   
(a)
a formal offer under Rule 10 - Settlement;
   
(b)
an affidavit for disclosure, or documents disclosed, under Rule 15 - Disclosure of Documents or Rule 16 - Disclosure of Electronic Information;
   
(c)
documents disclosed under an order for production;
   
(d)
interrogatories or a response under Rule 19 - Interrogatories;
   
(e)
a request or response under Rule 20 - Admission;
   
(f)
a contingency fee agreement under Rule 77 - Costs;
   
(g)
a notice of intended action required by legislation to be delivered, but not to be filed.
  (5) The absence of authority to file a document does not imply that it cannot be exhibited to an affidavit or admitted as evidence.
       
Format of document
82.06 (1) A document authorized to be filed, or required to be delivered to a party, under these Rules must, in addition to conforming with a Rule about the content of the document, conform with each of the following:
   
(a)
the document must be printed, or if it is permitted to be filed electronically it must be capable of being reproduced, on eight and a half by eleven inch paper;
   
(b)
the document must have margins, spaces, upper and lower case, size and style of print or font, numbered pages, and a general organization that makes it readily readable;
   
(c)
no backer is to be attached.
  (2) The prothonotary may refuse to file a document that does not conform with the format requirements.
  (3) A discovery transcript must contain the standard heading, be entitled “Transcript of the Discovery Examination of” including the witness’ name, and conform with the requirements for a document to be filed and each of the following further requirements:
   
(a)
a page of transcribed testimony must be titled with the name of the witness and indicate as part of the title whether the witness is being examined directly, by cross-examination, or by redirect examination;
   
(b)
each question must be preceded by the letter “Q”, and each answer by “A”;
   
(c)
a transcript of something other than testimony must be titled submission, ruling, direction, instruction, discussion, or other business;
   
(d)
the title must appear at the top of each page of a printed transcript, or at similar convenient places in a transcript that is produced and permitted to be filed electronically;
   
(e)
each page or question must be numbered;
   
(f)
a printed transcript must be conveniently bound, and have a cover and a blank back.
  (4) A transcript of evidence to be introduced at trial, such as a transcript of evidence given on commission, must conform with the requirements for a discovery transcript except for the title.
  (5) A copy of a document to be delivered to a party must be as readable as the filed version of the document.
       
Restrict personal information
82.07 (1) A person must not file a document that contains more personal information about another person than is necessary to accomplish the purpose of the document.
  (2) A document that identifies an individual may refer to the person’s name and the name of the community in which the person resides or does business rather than an address.
       
Provide personal information for contact
82.08 (1) A person who files a document for the first time in a proceeding must provide information to the prothonotary by which the prothonotary or a party may contact either the person or counsel who represents the person.
  (2) The contact information must include a mailing address, which may be the designated address, and any other means by which the person or counsel is regularly contacted by others, such as a telephone number, an e-mail address, and a fax number.
  (3) The party or counsel must advise the prothonotary of a change in the contact information.
  (4) Contact information is accessible only as provided in Rule 85.09, of Rule 85 - Access to Court Records.
       
Headings
82.09 (1) A party who establishes the heading for a proceeding must put the year the proceeding is commenced in the upper left corner and, in the upper right corner, the registry code under Rule 32 - Place of Proceeding, followed by the abbreviation “No.”, followed by a blank for the prothonotary to assign a proceeding number.
  (2) The headings for each of the following originating documents must conform with the following forms:
   
Originating Document
Rule Form
   
Notice of Action
4.02 82.09A
   
Notice of Action for Debt
4.03 82.09A
   
Ex Parte Application
5.02 82.09B
   
Notice of Application in Chambers
5.03 82.09C
   
Notice of Application in Court
5.07 82.09C
   
Notice for Judicial Review
7.05 82.09C
   
Notice for Habeas Corpus
7.12 82.09C
   
Notice of Appeal
7.19 82.09D
   
Notice of Summary Conviction Appeal
63.05 63.04
   
Application for Reduction of Parole Ineligibility
65.04 65.03
   
Election Petition
69.02 82.09E
   
Notice of Child Protection Application
60A.03 82.09G
   
Application for Removal from Child Abuse Register
60A.32 82.09H
   
Notice of Adult Protection Application
60A.39 82.09I
   
Notice of Adult Protection Application (After Removal)
60A.40 82.09I
   
Application for Adoption with Consents
61.02 82.09J
   
Notice of Application
59.07 82.09K
   
Petition for Divorce
59.09 82.09L
   
Notice of Variation Application
59.12 82.09K
   
Application for Divorce by Agreement
59.45 82.09M
   
Joint Application for Divorce
59.46 82.09N
   
Petition for Divorce
62.09 82.09O
   
Application for Divorce by Agreement
62.14 82.09P
   
Joint Application for Divorce
62.15 82.09Q
  (3) A party who files one of the following documents must vary the heading established by the party who files the originating document in the following ways:
   
(a)
a notice of claim against third party, by composing the heading to conform with Form 82.09F;
   
(b)
a notice of claim against a further party, by naming and giving the title of fourth or further parties and otherwise conforming with Form 82.09F;
   
(c)
the statement of a litigation guardian who is not named when the proceeding is started, by including the name and title of the litigation guardian after the words “by her” or “by his”;
   
(d)
an amended notice that adds or deletes a party, by adding or deleting the name of the party.
  (4) All further documents for filing must contain the standard heading established under Rule 82.09(2), varied under Rule 82.09(3), or permitted under Rule 83 - Amendment.
  (5) A party who applies for relief under the Companies' Creditors Arrangement Act may style the heading as "Application by __________ , Applicant, for relief under the Companies' Creditors Arrangement Act".
  (6) The year at the upper left of the standard heading is the commencement year, and it is not to be changed in subsequent years.
  (7) The title of a party, such as “Plaintiff” or “Defendant”, is not to be changed for a counterclaim or crossclaim, or to denote who is making a motion.
  (8) A judge may prescribe or vary the heading to be used in a proceeding.
  (9) A prothonotary who is satisfied that a party represented as a child by a litigation guardian is no longer a child may order that the heading is varied to remove the reference to the litigation guardian.
  (10) A prothonotary who is satisfied on each of the following may, without notice, order that the heading of a proceeding is varied to remove the name of a party:
   
(a)
all claims against the party are dismissed or discontinued;
   
(b)
the party is making no claim in the proceeding;
   
(c)
the proceeding continues against others.
  (11) A prothonotary who removes the name of a party from the heading must notify the parties of the variation.
       
Order returning document
82.10   A judge may order a document that does not conform with a Rule be returned to the party who prepared the document, unless the document is part of a record on which the prothonotary or a judge made a decision.
       
Fax filing
82.11 (1) A document may be delivered by fax to the office of the prothonotary for filing.
  (2) The faxed document must be accompanied by a cover page that includes all of the following information:
   
(a)
the name, address, and telephone number of the person sending the document;
   
(b)
the date it is sent;
   
(c)
the names of the parties and the registry number;
   
(d)
the total number of the pages being faxed, including the cover;
   
(e)
the name and telephone number of a person to contact about a transmission problem;
   
(f)
an undertaking to immediately pay a fee that must be paid for filing a document.
  (3) The prothonotary may accept a faxed document for filing that is complete and readable.
  (4) The prothonotary may accept the faxed document when it is received during the court’s business hours or on the next business day after the document is received outside business hours.
  (5) The prothonotary may make the filing of a faxed document conditional on the payment of a required fee, and return the document if the fee remains unpaid for ten days after the day of the conditional filing.
  (6) A faxed document that is returned, because the fee is unpaid, is taken to have never been filed.
  (7) A prothonotary who rejects a faxed document on the ground that it does not conform with a Rule about content or format may return the document by mail, but the prothonotary must notify the sender by fax that the document is being returned.
  (8) A person who files an affidavit by fax must replace the affidavit with the original, and the prothonotary or a judge may direct that another kind of document be replaced by the original.
       
Electronic filing
82.12 (1) The prothonotary may not accept an electronic filing unless the court issues a general order approving a system for electronic filing that is securely in the control of the court.
  (2) A judge may authorize delivery in electronic form of a document that is to be delivered to the judge.
       
Filing written decision and publication
82.13 (1) A judge who signs a reserved decision must deliver it to the prothonotary after staff in the judge’s office have had an opportunity to notify the parties of the decision.
  (2) A judge who signs a written version of a decision given orally must immediately deliver it to the prothonotary.
  (3) The judge who signs a decision may provide a summary for the assistance of publishers and the media.
       
Document starting proceeding
82.14 (1) The prothonotary at Halifax must organize, and keep control of, a system for assigning a proceeding number that uniquely identifies each proceeding started in Nova Scotia.
  (2) When a proceeding is started, the prothonotary to whose office the originating document is delivered must register the proceeding by assigning a proceeding number to it, putting the number after the registry code, impressing the seal of the court on the document, certifying the date of filing on the original, filing the original, and making the entries in the civil proceedings list required by Rule 84 - Court Records.
  (3) Numbers assigned for registration of divorces must be included in the registry number after the letters that make up the registry code and before the proceeding number, and the assigned numbers are as follows:
    1201   Halifax  
    1202   Amherst  
    1203   Bridgewater  
    1204   Kentville  
    1205   Pictou  
    1206   Sydney  
    1207   Truro  
    1208   Yarmouth  
    1209   Annapolis Royal  
    1210   Antigonish  
    1213   Digby  
    1217   Port Hawkesbury.  
  (4) The party who starts a proceeding must provide, and the prothonotary must certify, one copy of the originating document for each person entitled to notice of the proceeding.
       
Filing miscellaneous document
82.15   A document permitted to be filed by a Rule or legislation, but which is not interlocutory and does not start a proceeding, must contain a heading or have a heading attached as a cover, and the heading must include all of the following:
   
(a)
the year of the filing;
   
(b)
a registry number, as if the document starts a proceeding;
   
(c)
a reference to the Rule or legislation that permits it to be filed without a proceeding having been started;
   
(d)
a title indicating the purpose of the document;
   
(e)
the name of the person who files the document and of persons whose rights may be affected as a result of the filing.
       
Money in court
82.16 (1) Money that is to be paid into court must be paid to the prothonotary.
  (2) The prothonotary must deposit the money in an interest bearing account, unless a judge orders otherwise.
  (3) A judge may order that the prothonotary deposit the money for a term.
  (4) The prothonotary must report to the court and notify the parties when the money is paid to the Minister of Finance under Section 5 of the Payment into Court Act.
       
Duty of party when proceeding no longer required
82.17   A party who settles all issues in a proceeding or becomes aware that a proceeding cannot continue, such as a proceeding that is stayed by operation of the Bankruptcy and Insolvency Act, must notify the prothonotary and state whether the party intends to seek an order disposing of the proceeding, file a notice of discontinuance, take some other step, or take no further step in the proceeding.
       
Dismissal for want of prosecution
82.18   A judge may dismiss a proceeding that is not brought to trial or hearing in a reasonable time.
       
Judge designated to complete work of another
82.19 (1) The Chief Justice may designate a judge to complete the work of a judge who presides at a trial or hearing and ceases to be able to complete the trial or hearing or to render a decision following a completed trial or hearing.
  (2) The designated judge may do any of the following:
   
(a)
rely on the record and complete the trial or hearing;
   
(b)
rely on the record of a completed trial or hearing, give a decision, and grant an order;
   
(c)
require additional evidence or submissions before completing the trial or hearing, giving a decision, or granting an order;
   
(d)
give directions necessary for completion of the trial or hearing.
       
Orders by prothonotary without judge’s approval
82.20 (1) In addition to an order authorized to be made by a prothonotary under a Rule outside this Rule 82.20 or legislation, the prothonotary may make any of the following kinds of orders without the approval of a judge:
   
(a)
a subpoena;
   
(b)
an ex parte order confirming a sale under an order for foreclosure, sale, and possession;
   
(c)
an order releasing a judgment, or the binding effect of a judgment, that has been satisfied.
  (2) The prothonotary may, with the written consent of each party entitled to notice, make an order that does any of the following:
   
(a)
permits a court document to be amended;
   
(b)
appoints a commissioner to take evidence or authorizes a letter requesting assistance with compelling a witness to attend before the commissioner;
   
(c)
releases an exhibit;
   
(d)
confirms an order made orally that has been recorded and logged in court records;
   
(e)
dismisses a proceeding, unless a party is represented by a guardian;
   
(f)
extends or shortens the time for doing something under a Rule or, otherwise, excuses strict compliance with a Rule.
       
Issuing order approved by judge or made by prothonotary
82.21 (1) The prothonotary may issue an order by signing the order, sealing it with the seal of the court, and filing it.
  (2) The prothonotary may provide a duplicate that is also signed and sealed, or provide a certified copy, to a person who delivers a copy for duplication or certification.
       
Varying order or re-opening proceeding
82.22 (1) A party to a proceeding concluded by final order may make a motion to vary the order only in one of the following circumstances:
   
(a)
an error is to be corrected, or time extended, under Rule 78 - Order;
   
(b)
legislation permits the order to be varied;
   
(c)
the text of the order would have it apply in circumstances in which it is not intended to apply.
  (2) A party may make a motion for permission to present further evidence before a final order and after one of the following events:
   
(a)
the party closes the party’s case at trial;
   
(b)
the party chooses to present no evidence at trial;
   
(c)
a jury begins deliberation or a judge reserves decision.
  (3) A party may make a motion to re-open the trial or hearing of a proceeding concluded by final order only in the limited circumstances in which the re-opening is permitted by law.
       

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COSTS, ORDER AND ENFORCEMENT

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AMENDMENT >>