Nova Scotia Annotated Civil Procedure Rules

Index

© Nova Scotia Barristers' Society
September 2008

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E

  • Economical procedures
    • SEE: Action under $100,000
  • E-discovery
    • SEE: Discovery (electronic)
  • E-filing
    • SEE: Email
  • Elections
    • Deadline for delivery of election documents to prothonotary 69.06
    • Deadline for notifying party of controverted election petition 69.03
    • Duties of Returning Officer and Chief Electoral Officer 69.06
    • Election documents as evidence 69.06
    • Election petition 4.02(1),  69.02,  69.04,  95.02
    • Form 69.02, Election Petition 69.02,  95.02,  F.69.02
    • Form 82.09E, Heading [for Election Petition, Form 69.02] 82.09,  F.82.09E
    • GENERAL provisions, SEE: Application; Motions
    • Notifying respondent of election petition 69.03
    • Substitution or joinder of parties 69.07
  • Electronic delivery
    • SEE: Email
  • Electronic filing
    • SEE: Email
  • Electronic information
    • Admission of electronic information at trial 51.11
    • Affidavit of electronic information for disclosure [Action] 16.09,  16.10
    • Authenticity of electronic information, proof at trial 51.11
    • Brief, SEE: Brief
    • Common file of information for trial 51.10
    • Copy of electronic information for trial 14.02,  16.11,  51.11(6)
    • Deemed admission, information contained in common file for trial 51.10
    • Disclosure, SEE: Disclosure (electronic)
    • Disclosure, SEE: Disclosure and discovery; Disclosure (electronic)
    • Electronic copy of factums and transcript for appeal to Court of Appeal [Criminal Appeal] 91.15(7)
    • Electronic copy of factums for appeal to Court of Appeal [Civil Appeal] 90.30(6)
    • Electronic copy of transcript for appeal to Court of Appeal [Civil Appeal] 90.30(6)
    • Email, SEE: Email
    • Examples of electronic information 14.02(1)
    • Fax, SEE: Fax
    • File of disclosed electronic documents for delivery to party 15.05
    • Objection to electronic information at trial 51.15
    • Original source to be available at trial 51.11(4)
    • Proof of electronic information at trial 51.11
  • Email
    • Definition of "electronic information" 14.02(1)
    • Delivery of documents to party by agreed electronic means 31.11,  31.16
    • Electronic delivery of document to judge 82.12(2)
    • Electronic filing to prothonotary 82.06(1),  82.12
  • Emergency
    • Anton Piller order to seize evidence or property 42.03
    • Attachment order to prevent removal of assets 44.02
    • Communication with judge outside business hours 87.05
    • Early date assignment conference 4.13(2)
    • Interim injunction or interim receivership 41.04
    • Mareva injunction to freeze assets 42.11
    • Motion heard by teleconference 25.03
    • Motion heard ex parte 22.03(2)
    • Motions, SEE: Motions (Emergency)
    • Non-standard procedures for issuing an order 78.05(6),  78.06(3)
    • Preservation order to prevent removal or destruction of assets 42.03
  • Emergency application
  • Enforcement by execution order
    • SEE: Execution order
  • Enforcement of orders
    • SEE: Enforcement orders; Execution order; Order
  • Enforcement orders
    • Authorizing third person to deliver assets in satisfaction of judgment or order 80.02(1)
    • Contempt order for non-compliance with order or judgment 80.02(1),  89
    • Discovery and production to aid enforcement 80.03
    • Execution orders, SEE: Execution order
    • Injunction as a final remedy, to enforce judgment 75,  80.02(1)
    • Interlocutory or final order, enforcement by further order 80.02
    • Receivership to enforce a judgment 73,  80.02(1)
    • Sale of property as a final remedy to satisfy judgment 74,  80.02(1)
    • Seizure and sale, or possession of land or property 80.02(1)
    • Stay of enforcement during appeal [Civil Appeal] 90.41
    • Temporary remedies, SEE: Temporary remedies
  • Estates
    • Administration by court 36.11
    • Administrator, SEE: Executor
    • Appointment of representative where no executor 35.11,  36.12
    • Beneficiary of estate, joinder as party 36.11
    • Costs paid from estate funds 77.03(1)
    • Counsel’s accounts 36.15
    • Death of party and appointment of representative 35.11(1)
    • Directions requested from judge 36.03(3),  36.15(4)
    • Executor, SEE: Executor
    • Failure to name representative for estate 36.12(4)
    • Fees and expenses of counsel 36.15
    • Interpretation of will 36.11
    • Proof of will 36.11
    • Representative party appointed where no executor 35.11,  36.12
    • Stay of proceeding on death of party and appointment of representative 35.11(1)
    • Unborn or unknown persons, representative appointed 36.10
  • Evidence
    • Access to court record of proceeding 85.02
    • Admissibility of evidence contradicting referee's findings 11.07(2)
    • Admissibility of evidence from another proceeding respecting a child 60A.34
    • Admissibility of unauthorized corporate party evidence 18.20(3)
    • Admissibility of undisclosed corporate party evidence 18.19
    • Admission of document or electronic information at trial 51.11
    • Admission of facts, SEE: Admission of fact
    • Adverse party, cross-examination 54.06
    • Affidavit, SEE: Affidavit
    • Affidavit for trial 51.02,  51.07
    • By discovery transcript only (not in person) 18.20
    • Commission appointed by court to take evidence, SEE: Commission evidence
    • Copies for use on appeal [Civil Appeal] 90.30
    • Copies for use on appeal [Criminal Appeal] 91.15(2)
    • Credibility, withholding evidence needed to impeach witness 4.18(2),  6.02(4),  6.03(2),  94.09
    • Cross-examination of hostile witness or adverse party 54.06
    • Deadline for rebutting presumption of authenticity of document or electronic information 54.05(1)
    • Direct evidence for a Motion or Application 53.01
    • Disclosure, SEE: Disclosure and discovery; Disclosure (documents); Disclosure (electronic)
    • Discovery, SEE: Disclosure and discovery; Discovery; Discovery (Action); Discovery (Application)
    • Establishing grounds for obtaining Order to Locate and Detain a child 60A.28(2),  F.60A.28
    • Evidence contradicting referee's findings, test for admissibility 11.07(2)
    • Examples of orders for securing attendance of witness to give evidence 50.08(2)
    • Exclusion where non-compliance with rules for notice, disclosure, or discovery 51.03
    • Expert evidence, SEE: Experts
    • Expert opinion on law of another province or foreign state 54.03,  54.04
    • Facts, SEE: Admission of fact
    • Failure to prove genuine issue for trial, as justification for summary judgment 13.04
    • For Chambers Motion 23.08
    • For contesting motion for summary judgment 13.04(4)
    • For converting Application to Action 6.03
    • Heard in support of Order for Permanent Care and Custody 60A.22(1),  F.60A.22
    • Heard in support of Order for Temporary Care and Custody 60A.21(1),  F.60A.21
    • Heard in support of Supervision Order 60A.20(1),  F.60A.20
    • Hearsay rule in a Motion 22.15,  39.02
    • Hearsay rule in an affidavit 39.02,  39.04,  39.07
    • Hearsay rule in an Application 5.13,  39.02
    • Hearsay rule in an ex parte Application 5.13
    • Hearsay rule in an ex parte motion 22.08,  22.15
    • Hostile witness, cross-examination 54.06
    • Inadmissible evidence, striking from affidavit 39.04
    • Indemnity for expense caused by delay in notifying party of evidence to be presented at trial 51.02
    • Lack of evidence as justification for summary judgment 13.04
    • New evidence, test for admissibility 11.07(2)
    • New evidence on appeal to Court of Appeal [Civil Appeal] 11.07(2),  90.47
    • New evidence on Appeal to Supreme Court 7.27
    • New evidence on rehearing ex parte motion 22.08
    • New evidence permitted by judge at trial 51.05(6),  82.22(2)
    • Non-compliance with rules for notice, disclosure, or discovery 51.03
    • Notice to other party, requirements 51.02
    • On dismissed motion for summary judgment, to be used at trial 13.07(2)
    • Opinion evidence, SEE: Experts; Experts (physicians)
    • Oral evidence for adjourning interim hearing and making interim order 60A.10(5)
    • Pleadings, SEE: Pleading
    • Preservation, SEE: Preservation order
    • Presumption of authenticity of document or electronic information 51.11,  54.05
    • Proof of authenticity of document or electronic information 51.11,  54.05
    • Proof of delivery by affidavit 31.05,  54.02
    • Proof of law of a foreign state 51.02(2),  54.04,  86.08(2)
    • Proof of law of another province 54.03,  86.08(2)
    • Rules of evidence for a motion 22.15
    • Rules of evidence for taking commission evidence 56.02
    • Rules of evidence generally 54
    • Rules of evidence in an Application 5.13
    • Rules of evidence re admissibility of expert opinion 55.01,  55.15(4)
    • Ruling by conference judge 26.04,  26.05
    • Showing no genuine issue for trial (in summary judgment) 13.04(1)
    • Summary judgment on evidence, SEE: Summary judgment
    • Supplementary rules of evidence 54
    • Surveillance video, withholding evidence needed to impeach witness 4.18(2),  6.02(4),  6.03(2),  94.09
    • Where claim to privilege dropped 15.04,  16.03(3),  51.02
    • Where objection to demand for production dropped, and evidence offered at trial 51.02
    • Where objection to question on discovery or interrogatory dropped, and evidence offered at trial 51.02
    • Withholding evidence needed to impeach witness 4.18(2),  6.02(4),  6.03(2),  94.09
  • Examination in court
    • SEE: Civil Appeal; Criminal Appeal; Cross-examination; Hearing; Jury trial; Trial
  • Examination out of court
    • SEE: Commission evidence; Cross-examination; Discovery; Interrogatories
  • Examples
    • Abusive discovery conduct 18.23(3)
    • Cases requiring evidence by discovery transcript rather than in person 18.20(5)
    • Circumstances justifying hearing by teleconference 25.03(2)
    • Circumstances justifying motion ex parte 22.03(2)
    • Confidentiality orders respecting court records 85.04(2)
    • Documents not authorized by Rules, restrictions on filing with prothonotary 82.05
    • Documents requiring personal signature of party 95.02
    • Economical ways of making full disclosure in Actions under $100,000 57.08
    • Efforts to locate party for service of notice of proceedings 31.10
    • Electronic information 14.02(1)
    • Factors for increasing or decreasing costs in a proceeding 77.07
    • Factors in assessing counsel’s fees and disbursements 77.13
    • Just, speedy, and inexpensive discovery 18.24(1)
    • Measures a purchaser may take to inspect property prior to purchase 74.11(2)
    • Methods of sale of property, as ordered by judge 74.04,  74.06
    • Non-compliance with Rules justifying appearance day motion 24.02(3)
    • Orders for securing attendance of witness to give evidence 50.08(2)
    • Party evading service of notice of proceedings 31.10
    • Procedural disputes justifying appearance day motion 24.02(2)
    • Subjects for appeal management judge or panel [Civil Appeal] 90.45
    • Subjects for appeal management judge or panel [Criminal Appeal] 91.21(5)
  • Execution order
    • Against bank where judgment debtor's wages deposited 79.08
    • Against debtor who owes the judgment debtor 79.08
    • Against joint account of judgment debtor 79.09,  79.10
    • Against partner or partnership 35.14(5),  79.11
    • Amount of execution order 79.12
    • Attachment of debt owed to judgment debtor 79.08
    • Banks’ duty respecting joint account of judgment debtor 79.09,  79.10
    • Banks’ duty respecting wages garnished for payment to judgment debtor 79.08
    • Bond securing the satisfaction of a judgment 44.07
    • Conduct of discovery in aid of execution 79.26
    • Contempt for failure to comply with execution order 79.19
    • Contempt for failure to obey discovery subpoena in aid of execution 79.23(3)
    • Contents of periodic execution order 79.19
    • Costs of discovery in aid of execution 79.26
    • Creditors’ Relief Act 79.04,  79.12(4),  79.16
    • Deadline for expiry of execution order 79.22
    • Deadline for joint account holder to request determination of judgment debtor’s interest in account 79.09,  79.10
    • Deadline for judgment creditor to obtain execution order 79.05
    • Death or bankruptcy of judgment debtor 79.06
    • Definition of "judgment" 79.01
    • Definition of "sheriff" 79.01
    • Deposit-taking corporation, SEE: Bank (above)
    • Discovery of judgment debtor or others, in aid of execution 18.12(4),  79.23,  79.24
    • Discovery Subpoena in Aid of Execution 79.23,  F.79.23A
    • Duplicate execution order to two or more sheriffs 79.21
    • Duration of execution order 79.22
    • Duties of sheriff, and directions from judge 79.16
    • Enforcement of foreign judgment registered in Nova Scotia 81,  86
    • Enforcement orders of other kinds, SEE: Enforcement orders
    • Exceptions, where execution order not permitted 79.06
    • Execution Order 79.17,  F.79.17A
    • Execution order, obtaining by judgment creditor 79.05
    • Execution Order Superceding Order Dated [date] 79.21,  F.79.17A
    • Exempt assets 79.22(2),  79.22(3)
    • Exempt wages 79.08,  79.18(5),  79.19
    • Expiry of execution order 79.22
    • Extension of time for obtaining execution order 79.22(4)
    • Family maintenance or support 79.18,  79.19
    • Form 79.10, Notice of Execution Against Joint Account 79.10,  F.79.10
    • Form 79.17A, Execution Order 79.17,  F.79.17A
    • Form 79.17A, Execution Order Superceding Order Dated [date] 79.21,  F.79.17A
    • Form 79.17B, Statement of Amount for Execution 79.17,  F.79.17B
    • Form 79.19, Periodic Execution Order 79.19,  F.79.19
    • Form 79.23A, Discovery Subpoena in Aid of Execution 79.23,  F.79.23A
    • Form 79.23B, Representations for Discovery Subpoena in Aid of Execution 79.23,  F.79.23B
    • Injunction to compel compliance with execution order 79.15,  79.19
    • Joint account holder, notice from bank 79.10
    • Joint account of judgment debtor 79.09
    • Judgment binding land or moveable 79.03,  79.04
    • Judgment Certified for Recoding Under the Land Registration Act 79.03(1)
    • Land, judgment binding land to satisfy judgment 79.03(1)
    • Land, judgment binding moveable to satisfy judgment 79.04
    • Land, release of judgment binding land 79.03(2),  82.20(1)
    • Land Registration Act, judgment binding land 79.03(1)
    • Liquidation of property to satisfy judgment 79.13,  79.14
    • Notice of Execution Against Joint Account 79.10,  F.79.10
    • Notice of Judgment under the Creditor's Relief Act 79.04
    • Parties liable for amount of judgment 79.07
    • Payment made under execution order 79.08(7),  79.18
    • Periodic Execution Order (form) 79.19,  F.79.19
    • Periodic execution order (for periodic payments) 70.09,  79.18,  79.19
    • Personal Property Security Act, judgment binding moveable 79.04
    • Receiver as sheriff in receivership proceeding 73.04
    • Reciprocal enforcement of foreign judgment in Nova Scotia 81,  86
    • Representations for Discovery Subpoena in Aid of Execution 79.23,  F.79.23B
    • Return of execution order on completion or partial completion 79.20
    • Sale of land or property to satisfy judgment 79.13,  79.16
    • Sheriff’s role in enforcement of execution order 79
    • Statement of Amount for Execution 79.17,  F.79.17B
    • Stay of execution during appeal to Court of Appeal [Civil Appeal] 90.41
    • Stay of order where unenforceable 79.06
    • Superceding execution order for new amount 79.21
    • Trust not liable for debt owed by trustee as judgment debtor 79.08,  79.18(4)
    • Wages attached for payment to judgment debtor 79.08,  79.18(5),  79.19
    • Witness fees and expenses for discovery 79.25
  • Executor
    • Accounting for services, receipts, and disbursements 11.02(3),  36.14,  36.15,  36.16
    • Accounts, SEE ALSO: Account; Reference
    • Adding additional executors as parties 36.11(2)
    • Appointment of representative where no executor 35.11,  36.12
    • Appointment or removal of executor 36.11,  36.12(3)
    • Approval of accounts 11.02(3),  36.16
    • Approval of payment of contingency fee to counsel 77.14
    • Authority to pay themselves or expend funds 36.16
    • Beneficiary of estate added as party 36.11
    • Claim by or against executor 36.11
    • Commencement of proceeding before grant of probate 36.11(3)
    • Contingency fee agreement with counsel 77.14
    • Counsel’s accounts 36.15
    • Death of party and appointment of representative 35.11(1)
    • Directions requested from judge 36.03(3),  36.15(4)
    • Discharge or replacement of executor or representative party 36.11,  36.12
    • Discharge or replacement of representative party 36.11,  36.12
    • Fees and expenses of counsel 36.15
    • GENERAL provisions, SEE: Estates; Representative party
    • Passing accounts, SEE: Accounting (above)
    • Removal of executor 36.11,  36.12
    • Representation by counsel required 36.04
    • Representative party appointed where no executor 35.11,  36.12
    • Respondent in Application for mortgage foreclosure 72.03
    • Stay of proceeding on death of party and appointment of representative 35.11(1)
    • Unborn or unknown persons, representative appointed 36.10
  • Exhibit
    • Access to court record of proceeding 85.02
    • Appeal Book contents 7.24
    • Attachment to affidavit 39.08
    • Common book or common file for trial 51.10(3)
    • Control by prothonotary and disposition 84.04
    • Editing exhibit to remove personal information 39.03
    • Entering exhibits at trial 51.11
    • Evidence, SEE: Evidence; Fact
    • Exhibits for appeal to Court of Appeal [Criminal Appeal] 91.15,  91.25
    • Exhibits for a Reference, and duty of referee 11.05(2),  11.06(3)
    • Exhibits requiring notice to other party 51.02
    • Form of exhibit 39.08
    • Photographing exhibits 85.02
    • Proof of exhibit 39.09
    • Prothonotary’s power to release exhibit 82.20(2)
    • Return of exhibits and files after appeal to Court of Appeal [Criminal Appeal] 91.25(4)
  • Ex parte application
    • SEE: Application ex parte
  • Ex parte motion
    • SEE: Motions ex parte
  • Expense
    • SEE: Costs
  • Expert opinion
    • Application for hearing in Supreme Court (Family Division) 59.40(5)
    • At interim hearing under s.39(1), Children and Family Services Act, an expert opinion is not required to be filed despite Rule 55.02 60A.10(3)
    • At interim hearing under s.39(1), Children and Family Services Act, whether application should be dismissed under 39(2) 60A.10(3)
    • At interim hearing under s.9(1), Children and Family Services Act, when not required to file an expert opinion 60A.10(3)
  • Experts
    • Admissibility of opinion where non-compliant response to written questions to expert 55.11(8)
    • Admission of expert’s report and qualifications 55.13
    • Admission of opinion by adverse parties 55.07(2)
    • Advance ruling on sufficiency of report 55.10
    • Affidavit and report of expert [Application] 55.06(1)
    • Agreement for interview or discovery of expert 55.11
    • At interim hearing under s.39(1), Children and Family Services Act, an expert opinion is not required to be filed despite Rule 55.02 60A.10(3)
    • Attendance of expert at hearing [Application] 55.06(2)
    • Change in expert opinion or material fact 55.04(1)
    • Child protection application 60A.10(3)
    • Collateral use rule and implied undertaking re use of expert information 14.03
    • Consent to discovery or interview of expert 55.11(1)
    • Contents of expert's report 55.04,  55.05
    • Contesting the expert’s report and qualifications 55.13
    • Court Application, whether expert opinion admissible 5.09(2)
    • Court appointed expert 55.12
    • Cross-examination of court appointed expert 55.12(5)
    • Cross-examination of expert at hearing [Application] 55.06(2)
    • Deadline for filing expert’s rebuttal report [Action] 55.03(2)
    • Deadline for filing expert’s report [Action] 55.03(1)
    • Deadline for filing expert’s reports [Application] 55.03(3)
    • Deadline for filing expert’s reports [family proceeding] 55.03(4)
    • Deadline for responding to written questions to expert 55.11(5)
    • Deadline for written questions to court appointed expert 55.12(3)
    • Deadline for written questions to expert 55.11(2)
    • Deficient report, admissibility 55.10,  55.11
    • Direct evidence of expert [Application] 55.06(2)
    • Disclosure of new information from expert’s report 55.08
    • Discovery of court appointed expert 55.12
    • Discovery of expert 18.13(5),  55.11
    • Duty of expert to court 55.04(1)
    • Exclusion of deficient report (non-compliance with Rules) 55.10,  55.11
    • Exclusion of evidence where non-compliance with Rules 51.03
    • Expert appointed by court 55.12
    • Expert jointly retained by adverse parties 55.07
    • Expert’s report 21.02(6),  21.05,  21.06,  55.02,  55.04,  55.06
    • Expert’s report for settlement of proceeding involving representative party 36.13(3)
    • Failure of expert to respond to written questions, consequences 55.11(8)
    • Fees of court-appointed expert 55.12(2)
    • Format of expert's report 55.04,  55.05
    • Implied undertaking re use of expert information 14.03
    • Indemnity for expense of unnecessary calling of expert to testify 55.13(5)
    • Inspection by expert of relevant things for disclosure 17.06
    • Interrogatories, restrictions 18.13(5),  55.11
    • Interview of expert 55.11(1)
    • Joint expert’s report 55.07
    • Medical examination and testing, SEE: Experts (physicians); Medical examination
    • Non-compliance with Rules 55.10,  55.11
    • Objections to report 55.10
    • Objectivity of opinion 55.04(1)
    • Oral discovery of expert 18.13(5),  55.11,  55.12
    • Physician, SEE: Experts (physicians); Medical examination
    • Proof of law of another province or foreign state 54.03,  54.04
    • Qualifications of expert admitted or contested 55.06(2),  55.13
    • Qualifications of expert to be stated in report 55.04(3),  55.09
    • Questioning expert in writing 55.04(1),  55.11
    • Rebuttal expert’s report, contents 55.05
    • Report for Application 55.06
    • Report for disclosure of evidence (land, fixtures, moveables) 17.06
    • Report requirements 21.02(6),  21.05,  21.06,  55.02,  55.04,  55.06
    • Representations and undertakings by expert 55.04(1)
    • Representations re independence and objectivity 55.04(1)
    • Rules of evidence re admissibility of expert opinion 55.01,  55.15(4)
    • SEE ALSO: Expert opinion
    • Testimony by expert 55.13
    • Treating physician, SEE: Experts (physicians)
    • Written questions to expert 55.04(1),  55.11
  • Experts (physicians)
    • Admissibility of physician’s opinion 55.15(4)
    • Advance ruling on sufficiency of physician’s narrative 55.15
    • Affidavit evidence of health, for Application for guardianship 71.05
    • Affidavit of treating physician [Application] 55.14(5)
    • Deadline for treating physician’s narrative 55.14(2)
    • Discovery of treating physician 55.14(4)
    • Exclusion of treating physician’s narrative for insufficiency 55.14(6)
    • Expert's report 21.02(6),  21.05,  21.06,  36.13(5),  55.02,  55.04
    • Expert’s report for settlement of personal injury proceeding involving representative party 36.13
    • GENERAL provisions, SEE: Experts
    • Medical examination and testing, SEE: Medical examination
    • Medical opinion, SEE: Expert's report (above)
    • Physician, SEE: Treating physician (below)
    • Qualifications of physician 55.15(4)
    • Sufficiency of treating physician’s narrative 55.14(6),  55.15
    • Testimony of treating physician 55.14(5),  55.15
    • Treating physician’s report or narrative 55.14
    • Written questions to treating physician 55.14(4)
  • Extension of time
    • SEE: Time