Civil Procedure Rules of Nova Scotia  
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Part 20 - Citation, Interpretation, and Documents

Rule 95 - Preparation of Documents

Scope of Rule 95
95.01   This Rule provides for signature of documents by a party, and it provides for completion of the Forms referred to in these Rules.
       
Signing documents
95.02 (1) A document to be filed by a party, and a document to be delivered under a Rule by a party without filing it, must be dated and signed by or on behalf of the party, except an affidavit of a party, including a response to interrogatories, must be signed by the witness, and dated and signed by the person administering the oath or affirmation.
  (2) Counsel must date and sign a document on behalf of the party counsel represents, unless legislation, a Rule, or an order requires that a party sign personally, as in the following examples:
   
(a)
a document that is sworn or affirmed by an individual party, or an officer, employee, or designated manager of a corporate party;
   
(b)
a litigation guardian’s statement;
   
(c)
an undertaking required for a temporary remedy;
   
(d)
a bond;
   
(e)
an application for reduction of parole ineligibility;
   
(f)
an election petition.
  (3) An individual party who acts on their own and the appointed agent of a corporate party who acts on its own must, unless a judge permits otherwise, sign a document personally, except an agent may sign a notice for habeas corpus.
  (4) A person who is not a party and who executes a bond or signs a report must sign personally, unless a judge permits otherwise.
  (5) A person who is not a party but wishes to make a motion in a proceeding may sign by counsel or personally.
       
Forms, except Forms of headings, may be varied
95.03   As provided in each Rule that prescribes a Form of a document, the document must conform with the requirements of the Rule but may otherwise vary from the Forms, except that a Form prescribing a heading is mandatory.
       
Forms
95.04 (1) The Forms referred to in these Rules are provided in Part 22 - Forms.
  (2) Brackets are used in Part 22 to indicate that guidance is being provided on how to complete a blank part of the Form.
  (3) Italicized words in brackets are used to indicate suggested wording.
       

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INTERPRETATION

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