Nova Scotia Annotated Civil Procedure Rules

Index

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National Class Action Database
- SEE: Class proceeding
Neutral address
- SEE: Address
New address
- SEE: Address
Non-compliance with Rules
- Amendment or other relief 2.03
- Dismissal of appeal [Civil Appeal] 90.40(2)
- Exclusion of evidence for non-compliance with rules for notice, disclosure, or discovery 51.03
- Exclusion of expert's report for non-compliance 55.10, 55.11
- Excusing non-compliance 2.03
- Indemnity for expense caused by failure to comply, SEE: Indemnity
- Prothonotary’s power to excuse compliance 82.20(2)
- Relief from compliance with Rules [Criminal Appeal] 91.18(3), 91.21(9)
- Remedies, in an Application 5.15
- Setting aside or amending proceeding [Criminal Appeal] 91.03
- Setting aside proceeding or step 2.03
Non-party
- Added as party when having interest in property seized under a temporary recovery order 43.07
- Added as party when motion made by or against non-party 22.11(4)
- Application for order for payment into court 46.05
- Application of Rules to non-party 94.08
- Counsel acting for non-party 33.04
- Disclosure requirements by non-party 14.12
- Discovery of non-party 18.05, 18.06
- Form 18.05A, Discovery Subpoena (Non-party) (Actions) 18.05, F.18.05A
- Form 18.05B, Representations and Undertaking (Non-party) (Actions) 18.05, F.18.05B
- Motion by non-party with permission of judge 22.11(2), 95.02
- Notice to non-party, of appeal proceeding [Civil Appeal] 90.17(4)
- Payment out of court to interested non-party 46.07
- Personal signature on documents, when required 95.02
- Reacquiring property seized under temporary recovery order 43.07
Notice
- Acceptance of service as notice of proceeding 31.06, 33.02(1)
- Address for delivery of documents 31.15, 31.16, 31.18, 33.12, 50.09
- Affidavit of Service as proof of service 31.05, 65.06(3), 71.05
- Agreement providing for method of notice of proceeding 31.08
- Agreement to dispense with notice 31.14, 31.15(1)
- Agreement to shorten or lengthen times 31.12(6)
- Attorney General of Canada or Nova Scotia, entitlement to notice 31.03, 31.19
- Constitutional question, notice requirements 31.19
- Contract providing for method of notice of proceeding 31.08
- Deadline for filing Demand for Notice of all steps in proceeding 31.12(1)
- Deadline for filing Notice of Defence 4.05(6), 4.07(3), 31.12
- Deadline for filing Notice of Defence and Counterclaim 4.08(7), 31.12(2)
- Deadline for filing Notice of Defence with crossclaim 4.09(7), 31.12(2)
- Deadline lengthened or shortened (SEE ALSO: Time) 31.12(6)
- Deemed admission of claims where no Notice of Defence or Demand for Notice filed 31.12(4)
- Deemed notice of proceeding 31.07
- Default judgment, availability where failure to file Notice of Defence or Demand for Notice 8.02, 8.03, 31.12(4)
- Definition of "day" [clear business day] 94.02
- Definition of "month" (in Time Definition Act) 94.02
- Definition of "party" 94.08
- Definition of "person" 94.08
- Definition of "year" 94.02
- Delay in notice, and expiry of documents 4.04
- Delivery "time" in Rules, SEE: Time
- Delivery after hours 94.02
- Delivery by email, fax 31.11, 31.16
- Delivery by mail 31.16
- Delivery of copy to party on filing of document 31.15
- Delivery to designated address 31.16
- Demand for Notice (SEE ALSO: Demand for notice) 31.12
- Designation of address for delivery 31.16, 31.18, 33.12
- Designation of Address for Delivery, Form 31.18 31.18, F.31.18
- Discontinuance of notice by Court of Appeal judge [Civil Appeal] 90.37(12)
- Discontinuance of notice by judge (Supreme Court) 2.03, 31.12, 31.13(2), 31.14, 31.15(1)
- Discontinuance of notice by judge (Supreme Court) SEE: Discontinuance
- Disentitlement, after guardian appointed for person under disability 71.03
- Disentitlement, effect on assessment of damages 70.04
- Disentitlement, effect on motions ex parte 22.03(1)
- Disentitlement, effect on motions generally 22.15(2)
- Disentitlement, for failure to defend or contest an interpleader proceeding 76.05
- Disentitlement, for failure to file Notice of Defence or Demand for Notice, and remedies 31.12
- Disentitlement, for failure to maintain address for delivery 31.16(5)
- Disentitlement, pleadings close on disentitlement [Action] 38.11
- Disentitlement, where disentitled party affected by amendment containing new claim against them 83.10
- Disentitlement to further notice (in Action) 31.12
- Disentitlement to further notice (in Application, Judicial Review, or Appeal to Supreme Court) 31.13
- Dispensing with notice, SEE: Discontinuance (above)
- Electronic delivery of notice of proceeding 31.11, 31.16
- E-mail delivery of documents 31.11, 31.16
- Endorsement by lawyer as proof of acceptance of service 31.06, 33.02(1)
- Entitlement to notice of everything in proceeding 4.02(3), 4.11(4), 31.14, 82.14(4), 94.07
- Evasion of notice, whether justifying attachment order to preserve assets to satisfy a judgment 44.02
- Evasion of notice, whether justifying order for substituted method of giving notice 4.04, 31.10
- Examples of efforts to locate party for service 31.10
- Examples of party evading service of notice 31.10
- Ex parte motion, disentitlement to notice 31.14
- Expiry of Action where failure to notify defendant of Action 4.04
- Extension or abridgment of time (SEE ALSO: Time) 31.12(6)
- Failure to file Notice of Contest, or attend hearing [Application, Judicial Review, or Appeal to Supreme Court] 5.14, 31.13
- Failure to file Notice of Defence or Demand for Notice [Action] 31.12(4), 31.12(5), 31.12(7)
- Failure to maintain address for delivery, as ground for granting judgment against party 31.16(5)
- Failure to maintain address for delivery, as ground for ordering security for costs 45.02
- Failure to maintain address for delivery, disentitlement to notice 31.16(5)
- Failure to notify defendant of Action, expiry of documents 4.04
- Failure to notify party of motion to Court of Appeal [Civil Appeal] 90.37(12)
- Fax delivery of documents 31.11, 31.16
- For giving Notice of a Proceeding under Rule 31 (Notice), applies under Rule 59 59.14(1)
- For giving Notice of a Proceeding under Rule 31 (Notice), exceptions under Rule 59 59.14(2)
- Form 31.05, Affidavit of Service 31.05, F.31.05
- Form 31.18, Designation of Address for Delivery 31.18, F.31.18
- Form 31.19, Notice of Constitutional Issue 31.19, 90.18, F.31.19
- Form 59.11, Demand for Notice (Divorce Action) 59.11(3), 62.11, F.59.11, F.62.11
- Form 59.12, Notice of Variation Application 59.12(2), F.59.12
- Form 59.16A, Notice of Discontinuance (Family Proceeding) 59.16, F.59.16A
- Form 59.16C, Notice of Withdrawal of Response or Answer 59.16, F.59.16C
- Form 59.36, Notice to Appear in Court 59.36, F.59.36
- Form 60A.03, Notice of Child Protection Application 60A.03, F.60A.03
- Form 60A.07, Notice of Taking into Care [before starting a child protection application)] 60A.07, F.60A.07
- Form 60A.07A, Notice of Taking into Care [after starting a child protection application] 60A.07, F.60A.07A
- Form 60A.16, Notice of Motion for Disposition Order 60A.16, F.60A.16
- Form 60A.39, Notice of Adult Protection Application 60A.39, F.60A.39
- Form 60A.40, Notice of Adult Protection Application (After Removal) 60A.40, F.60A.40
- Form of designation of address for delivery 31.18
- Forms for Notices generally, SEE: Forms
- For Notice of Proceeding, notice of designating an address for delivery under Rule 31 (Notice) is sufficient 59.15(2)
- For Notice of Proceeding, notice of designating a new address for delivery under Rule 31 (Notice) is sufficient 59.15(2)
- For Notice of Proceeding, notice of maintaining address for delivery under Rule 31 (Notice) is sufficient 59.15(2)
- For Notice of Proceeding, Under Rule 82 (Administration of Civil Proceedings), Court Officer may determine need for further information 59.15(3)
- Guardianship application, notice requirements 71.03, 71.04
- Interlocutory notice (notice of step in proceeding) 31.14, 31.15, 31.16, 31.17
- Judge's direction to parent or guardian with no involvement with child for an extended period of time 60A.10(1)
- Judicial discretion to dispense with notice, SEE: Discontinuance (above)
- Judicial discretion to require, waive and/or give directions for notice 60A.02(4)
- Judicial discretion to shorten or lengthen times (SEE ALSO: Time) 31.12(6)
- Judicial discretion to waive notice, SEE: Discontinuance (above)
- Jurisdiction, motion to dismiss for want of jurisdiction 31.09(8)
- Mail delivery 31.16
- Notice of Application [Divorce] 59.04, 59.06(1), 59.07, F.59.07
- Notice of Application [Divorce], discontinuation 59.16(2)
- Notice of Application [Divorce], discontinuation exceptions 59.16(3)
- Notice of Application [Divorce], expiration and exception 59.16(1)
- Notice of Application SEE: Application
- Notice of Constitutional Issue 31.19, 90.18, F.31.19
- Notice of motion, SEE: Motions
- Notice of Variation Application, requirements 59.12(1), F.59.12
- Notice of Variation under Divorce Act or Maintenance and Custody Act 59.06(4)
- Oaths and affirmations for affidavit of service 31.05
- Of constitutional question 31.19
- Of counterclaim, crossclaim, or added party 31.11
- Of intention to act on one's own 33.07(5)
- Of intention to present evidence of a child's testimony 60A.15(1)
- Of intention to present evidence under s.96(1), Children and Family Services Act 60A.15(1)
- Of proceeding or third party claim 60A.02(3)
- Of proceeding under terms of contract or agreement 31.08
- Of step in proceeding (interlocutory notice) 31.14, 31.15, 31.16, 31.17
- Order to designate an address for service 60A.02(5)
- Originating documents for purposes of notice, SEE: Originating documents
- Other methods of interlocutory notice 31.17
- Outside Nova Scotia, delivery to (SEE ALSO: Outside Nova Scotia) 31.09
- Party (prohibition on service by) 31.04
- Personal service, failure of reasonable efforts 4.04, 31.10
- Personal service, person to whom service is made 31.03
- Personal service, person who may effect service 31.04
- Personal service, proof by Affidavit of Service 31.05, 54.02, 65.06(3)
- Proof of notice (affidavit of personal service) 31.05, 54.02, 65.06(3)
- Proof of notice (endorsement by accepting lawyer) 31.06, 33.02(1)
- Proof of notice (filing of responding document) 31.07
- SEE ALSO: Application
- Service by agreed electronic means 31.11
- Service outside the jurisdiction (SEE ALSO: Outside Nova Scotia) 31.09
- Substitute service for unlocated or evading party 4.04, 31.10
- Taking a child into care (SEE ALSO: Taking child into care) 60A.07(1), 60A.07(2), 60A.07(3), 60A.07(4), F.60A.07, F.60A.07A
- Time (definitions, extension of time), SEE: Time
- To added party 31.11, 35.08(6), 83.10
- To Attorney General of Canada or Nova Scotia 31.03, 31.19
- To board or commission 31.03
- To child, by parent or guardian 31.03
- To corporate party 31.03
- To Crown in right of Canada or Nova Scotia 31.03, 31.19, 64.03
- To judge re appeal of own decision [Criminal Appeal] 91.10(1)
- To municipality 31.03
- To non-party, of appeal proceeding [Civil Appeal] 90.17(4)
- To non-resident (SEE ALSO: Outside Nova Scotia) 31.09
- To partnership 35.14(5)
- To party 31, 82.14(4)
- To party, of appeal to Court of Appeal, SEE: Civil Appeal, Criminal Appeal
- To party joined to proceeding 31.11, 35.08(6), 83.10
- To penal institution of prisoner appeal [Criminal Appeal] 91.10(1)
- To person under disability 31.03
- To third party, of claim against them 31.02
- Treaties on service of civil documents 31.09
- Waiver of further notice on withdrawal of claim, defence or ground 9.05(6)
Notice for Habeas Corpus
- SEE: Habeas corpus (civil); Habeas corpus (criminal)
Notice for Judicial Review
- SEE: Judicial Review
Notice of Action
- SEE: Action
Notice of Adult Protection Application
- SEE: Application
Notice of Adult Protection Application (After Removal)
- SEE: Application
Notice of Appeal
- SEE: Appeal to Supreme Court; Civil Appeal; Criminal Appeal
Notice of Application
- SEE: Application
Notice of Application for Leave to Appeal
- SEE: Civil Appeal; Criminal Appeal
Notice of Child Protection Application
- SEE: Application
Notice of Contention
- SEE: Civil Appeal
Notice of Contest
- SEE: Contesting an Application
Notice of Defence
- SEE: Defending a claim
Notice of Examination
- SEE: Discovery - Subpoena
Notice of Trial
- SEE: Date assignment conference