Nova Scotia Annotated Civil Procedure Rules

Index

© Nova Scotia Barristers' Society
September 2008

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H

  • Habeas corpus
    • Abuse of habeas corpus 7.17
    • Adjournment of proceeding to obtain presence of detained person 7.14
    • Application of Rule 7 (Judicial Review and Appeal) 7.02(2)
    • Attorney General of Canada, or of Nova Scotia, as respondents 7.12(3)
    • Bail, availability 7.15
    • Contempt for failure to comply with order 7.13(3),  7.14
    • Directions to determine legality of detention 7.13,  7.14
    • Dismissal of dormant proceeding for delay [civil proceeding] 7.29
    • Disposition of proceeding 7.16
    • Final determination following habeas corpus 7.16
    • Form 7.12, Notice for Habeas Corpus 7.12(5),  64.04,  F.7.12
    • Form 7.13, Habeas Corpus 7.13,  F.7.13
    • Form 82.09C, Heading [for Notice for Habeas Corpus, Form 7.12] 82.09,  F.82.09C
    • GENERAL provisions, SEE: Judicial Review; Prerogative writ
    • Habeas corpus ad subjiciendum, applicability of Rules to 7.12
    • Habeas corpus ad testificandum, applicability of Rules to 7.18
    • Interim release, availability 7.15
    • Legality of detention, determination 7.13,  7.14,  7.16
    • Liberty of the Subject Act 7.12(2)
    • Notice for habeas corpus 7.12,  64.04(1)
    • Order for habeas corpus 7.13
    • Other forms of habeas corpus 7.18
    • Priority of habeas corpus over other court business 7.13(1)
    • Refusal to act on notice for habeas corpus 7.12(6)
    • Statement of grounds respecting illegality of detention 7.12(4)
  • Hearing
    • Abusive examination of witness, intervention by judge 51.13,  53.07
    • Accounts, order for accounting, SEE: Account
    • Adjourning hearing to another place 47.05
    • Affidavit for direct evidence 53.02
    • Appeal to Court of Appeal, SEE: Civil Appeal, Criminal Appeal
    • Application in Chambers, exceptions 59.40
    • Assessment of damages, SEE: Assessment of damages
    • Assistance for party to understand proceeding 48
    • Child protection under Rule 25.04 60A.08
    • Child to be questioned on discovery if court permits 60A.11(2)
    • Communication difficulties in court hearing 48
    • Communication restrictions on witness 53.06(1)
    • Communication with judge during inspection outside court 51.12,  53.07
    • Control of witness 53.06
    • Costs, fees and disbursements, SEE: Costs
    • Court records, SEE: Court records
    • Court reporter duties 84.03
    • Court sessions, sittings and vacations 49,  94.04
    • Cross-examination [Court Application] 53.03(1)
    • Cross-examination [Regular Time Chambers Application] 53.03(1)
    • Cross-examination [Special Time Chambers Application] 53.03(1)
    • Cross-examination out of court by video conference 53.03(4),  53.05,  56.06
    • Deadline for filing transcript of out-of-court cross-examination 53.03(3)
    • Demand for production of disclosed information at hearing 14.11
    • Direct evidence by affidavit 53.02
    • Direct examination for a Motion or Application 53.02
    • Direct examination in absence of affidavit [Chambers Motion] 23.08(4)
    • Direct examination that is abusive or duplicative 51.13,  53.07
    • Directions for examination of witness 51.13,  51.14
    • Evidence, admissibility, SEE: Admission of fact; Affidavit; Commission evidence; Disclosure and discovery; Documents; Evidence; Exhibit; Experts; Experts (physicians); Fact; Transcript
    • Evidence, withholding where needed to impeach witness 4.18(2),  6.02(4),  6.03(2),  94.09
    • Exclusion of public from courtroom 85.04(3),  85.05
    • Exclusion of witness or party from hearing 53.06
    • Expert evidence, SEE: Experts; Experts (physicians)
    • GENERAL provisions, SEE: Trial
    • Injunction to enforce a judgment 75.02
    • Inspection of place or thing outside court 51.12,  53.07
    • Interim hearing, an expert opinion is not required to be filed despite Rule 55.02 60A.10(3)
    • Interim hearing, judge's prerogative 60A.10
    • Interim hearing, judge adjourns on affidavit evidence 60A.10(5)
    • Interim hearing, judge adjourns on oral evidence 60A.10(5)
    • Interim hearing under Children and Family Services Act 60A.03(1),  60A.07(3),  60A.10
    • Joint hearing with foreign court, SEE: Outside Nova Scotia
    • Judge's discretion at hearing re information that may be emotionally harmful to child 60A.11(3)
    • Judge calling, or recalling, witness 51.14,  53.07
    • Judge intervening in examination 51.13,  51.14,  53.07
    • Jury trial, restrictions in an Application 52.02(1),  53.08
    • Limits on time for examinations and submissions 53.04(2)
    • Objection to document, or electronic information, at hearing 51.15,  53.07
    • Order for accounting, SEE: Account
    • Order of presentation (Lengthy Special Time Chambers) 53.04(1)
    • Place of hearing 32,  47,  82.14
    • Place of hearing, judge's discretion to transfer (Divorce) 59.03(4)
    • Place of hearing (Divorce) 59.03(3)
    • Place of hearing under Children and Family Services Act 60A.04(3),  60A.04(4)
    • Recording and logging of hearing 84.03
    • Recording and transcribing out-of-court cross-examination [Court Application] 53.03(3)
    • Referral of a question to a referee, SEE: Reference
    • Sessions and sittings of the court, and schedules 49,  94.04
    • Subpoena of witness to attend hearing, SEE: Subpoena
    • Taking a view of a place or thing outside court 51.12,  53.07
    • Testimony at trial or hearing by video conference 51.08,  53.03,  53.04,  56.06
    • Transcript of out-of-court cross-examination 53.03(3)
    • Trial Rules, application to hearings 53.06
    • Under Involuntary Psychiatric Treatment Act, judge's discretion 60B.01(5)
    • Video recording or video conference of out-of-court cross-examination [Court Application] 53.03(4),  53.05,  56.06
    • Witness, abusive examination, intervention by judge 51.13,  53.07
    • Witness, called or recalled by presiding judge 51.14,  53.07
    • Witness, communication restrictions 53.06(1)
    • Witness, control during hearing, and exclusion from hearing 53.06
    • Witness, direct examination, SEE: Direct examination (above)
    • Witness to be discovered only under an order for discovery after interim hearing 60A.11(1)
  • Hearsay evidence
    • SEE: Evidence
  • Hospitals Act