Civil Procedure Rules of Nova Scotia  
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Part 17 - Administration

Rule 86 - Judicial Communication Across Borders

Scope of Rule 86
86.01   This Rule allows both of the following:
   
(a)
communications between the Supreme Court of Nova Scotia and a court in another jurisdiction to assist either or both courts with the just determination of a claim or enforcement of a remedy;
   
(b)
coordination and harmonization of a proceeding with a proceeding before a court in another jurisdiction, if the other court agrees and the two proceedings are, despite formal differences, related by common issues or parties.
       
Motion for joint communications or hearings
86.02 (1) A party may make a motion that a judge request a court in another jurisdiction to engage in communications, hold a joint conference in related proceedings, or hold a joint hearing in related proceedings.
  (2) A judge may convene a conference with the parties, under Rule 26 - Conference, to consider requesting or responding to a request for communications, holding a joint conference in related proceedings, or holding a joint hearing with a court in another jurisdiction in related proceedings.
       
Organizing communications, or joint conferences or hearings
86.03 (1) A judge may authorize the prothonotary, or a member of the judge’s staff, to do any of the following:
   
(a)
respond to a request from an authorized representative of a court in another jurisdiction for communications with the Supreme Court of Nova Scotia;
   
(b)
make a request to a representative of a court in another jurisdiction for communications;
   
(c)
provide copies of court documents to the other court;
   
(d)
organize a conference of a judge of the court with a judge, or other judicial official, of the other court;
   
(e)
give notice of a joint conference to parties in either jurisdiction, in the manner required of a party under Rule 31 - Notice, or as directed by the judge;
   
(f)
organize, and give notice of, a joint hearing in related proceedings;
   
(g)
do anything else to assist with communication or coordination by the courts;
  (2) A judge may direct a party, or an officer of the court such as a receiver or a referee, to do any of the following:
   
(a)
cooperate with the prothonotary, or a member of the judge’s staff, to organize communications between the courts;
   
(b)
provide technical services for a joint conference, or a joint hearing;
   
(c)
provide copies of court documents to the other court;
   
(d)
file documents with the other court;
   
(e)
assist a party before the other court, or the court itself, in obtaining evidence;
   
(f)
give notice, make disclosure, or provide copies of court documents to a person who is a party before the other court;
   
(g)
do anything else to assist with communication or coordination by the courts.
  (3) A judge may communicate directly with a judge, other judicial official, or a representative of the other court to organize communications between the courts.
  (4) A judge who makes a direct communication under Rule 86.03(3) must either include the parties in the communication or report to the parties afterward.
       
Joint conference
86.04 (1) A judge may appoint a time and date for the judge to be available for a conference held jointly with a judge or other judicial official of another court.
  (2) A conference that is organized to assist the just determination of a claim or the enforcement of a remedy in a proceeding before the Supreme Court of Nova Scotia or to coordinate or harmonize related proceedings must include the parties to the Nova Scotia proceeding, except a party who chooses not to participate, who has become disentitled to notice, or who a judge determines must be excluded.
  (3) The joint conference may be held by teleconference.
  (4) The provisions of Rule 26 - Conference about what a judge may do at a conference, and recording the conference, apply to a joint conference.
       
Joint hearing
86.05 (1) A judge may appoint a time, date, and place for the judge and the parties to a Nova Scotia proceeding to be available for a hearing conducted jointly with a judge or other judicial official of another court and the parties to a proceeding in the other jurisdiction.
  (2) A joint hearing may be held by teleconference, with the judge in Nova Scotia sitting in a courtroom and with a court reporter recording and logging the hearing.
  (3) A joint hearing may be held by joint sitting, but if the joint sitting is in the other jurisdiction the hearing must be accessible by the public in Nova Scotia.
  (4) A joint hearing conducted with a judge of the Supreme Court of Nova Scotia sitting in another jurisdiction is taken to be accessible by the public in Nova Scotia, if all of the following apply:
   
(a)
the hearing is transmitted to a courtroom in Nova Scotia, as with a teleconference;
   
(b)
the courtroom is open to the public;
   
(c)
the joint hearing is recorded and logged in the same way as any hearing in a courtroom.
       
Conduct of joint hearing by teleconference
86.06 (1) A judge may set the terms for the conduct of a joint hearing by teleconference in consultation with the judge or other judicial official in the other jurisdiction.
  (2) The consultation may be by conference.
  (3) The terms may be set by approving an order of the other court stating the terms, or making an order that sets the terms subject to the approval of the other court.
  (4) The terms must cover each of the following subjects:
   
(a)
simultaneous transmission of the proceedings to each court;
   
(b)
transmission of such quality that a witness is as good as present in the other courtroom, if credibility is in issue;
   
(c)
simultaneous introduction of duplicate exhibits or a system for transmitting images of exhibits in one courtroom to the other;
   
(d)
simultaneous delivery or filing of court documents, such as a brief or an affidavit;
   
(e)
who is to pay for transmission services that are not provided by the court;
   
(f)
joint rulings on issues of evidence or procedure, and exclusion from consideration by the judge of the Supreme Court of Nova Scotia of evidence ruled to be inadmissible in Nova Scotia but ruled to be admissible by the judge in the other jurisdiction;
   
(g)
whether submissions by a person who is a party in one jurisdiction, and not the other, are to be made during the joint hearing or separate from it;
   
(h)
communications between the judges, or the judge and a judicial official, to coordinate the joint hearing, to resolve procedural or administrative issues, or to provide coordinated orders;
   
(i)
any circumstances in which the judges, or the judge and the judicial official, may communicate without notice to, or participation by, the parties.
       
Translation and interpretation
86.07   A judge who makes an order under this Rule 86 for communications, a conference, or a hearing that involves uses of a language not understood by the judge, counsel, or a party may make an order on terms similar to those permitted by Rule 48 - Translation, Interpretation, and Assistance.
       
Foreign law
86.08 (1) A judge who participates in a joint hearing may accept the guidance of the other judge, or the judicial official, about the laws of and practices in the other jurisdiction, unless a party successfully objects.
  (2) The provisions of Rule 54 - Supplementary Rules of Evidence about proof of the law of another province or a territory, and proof of the law of a foreign state, apply on a joint hearing.
       
Temporary standing
86.09 (1) A judge may permit a person who is not a party to a Nova Scotia proceeding but who is a party to a proceeding in another jurisdiction, or an officer of the other court such as a receiver or referee, to be heard by the judge on a specified issue.
  (2) A person does not submit to the jurisdiction of the court only by appearing, with permission, to be heard on a specified issue.
       
Lifting stay of proceeding
86.10   A judge may except from a stay of proceedings a related proceeding in another jurisdiction that is the subject of mutual communication, a joint conference, or a joint hearing.
       
Variation and withdrawal
86.11   A judge may vary a direction, withdraw a direction, or withdraw an approval after giving reasonable notice to the court in the other jurisdiction.
       

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