Civil Procedure Rules of Nova Scotia  
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Part 17 - Administration

Rule 87 - Communicating with a Judge

Scope of Rule 87
87.01   A person may communicate with a judge about a proceeding, in accordance with this Rule.
       
Communicating in writing
87.02 (1) A party may deliver correspondence for a judge to accompany a court document that must be delivered to the judge, to provide information requested by the judge, or to comply with a Rule or order requiring that something be delivered to a judge rather than filed.
  (2) A party to a proceeding may deliver correspondence to a case management judge appointed under Rule 26.02, of Rule 26 - Conference.
  (3) Otherwise, a person may only deliver correspondence about a proceeding to a judge with the judge’s permission.
  (4) Delivery of correspondence includes delivering a copy of correspondence addressed to anyone other than the judge for whom the copy is delivered.
       
Other means of communicating
87.03   A person may communicate directly with a judge about a proceeding by means other than correspondence, such as by telephone or e-mail, only if the judge expressly permits the communication.
       
Obtaining permission
87.04   A party who needs to communicate out-of-court with a judge about a proceeding, other than by filing or delivering a court document, may request permission when the judge is in open court or holds a conference, or by directing the request to the prothonotary or the judge’s assistant.
       
Emergencies outside business hours
87.05 (1) A party may request a judge who presides at a pretrial or prehearing conference to provide a means for contacting the judge outside business hours to report a settlement or deal with an emergency in relation to the trial or hearing.
  (2) A person who does not have permission to contact a judge but who must make a motion outside business hours under Rule 28 - Emergency Motion, may obtain the permission in one of the following ways:
   
(a)
if the motion is to be heard by a judge at the Law Courts in Halifax, or by a judge of the Family Division, request the commissionaire at the Law Courts to cause a message to be relayed to a judge;
   
(b)
if the motion is to be heard by a judge outside Halifax, and not in the Family Division, contact the person designated by the court to relay a message to a judge in an emergency.
       
Unilateral communications
87.06 (1) A party who delivers correspondence to a judge must immediately deliver a copy to each other party entitled to notice of the communication under Rule 31.14, of Rule 31 - Notice.
  (2) A person who has a judge’s permission to communicate with the judge by means other than correspondence must make best efforts to include each party entitled to notice in the communication and, otherwise, must report on the communication to each of those other parties as soon as possible afterward.
       

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JUDICIAL COMMUNICATIONS
ACROSS BORDERS

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ABUSE OF PROCESS >>