Nova Scotia Annotated Civil Procedure Rules

Index

© Nova Scotia Barristers' Society
September 2008

All rights reserved. No part of this work may be reproduced or transmitted in any form or by any means, or stored in a retrieval system of any kind, without the prior written permission of the copyright holder, except that extracts from the text of this publication may be used for educational or other informational purposes provided that written acknowledgement is given to the Nova Scotia Barristers' Society.

Applications may be sent to:

Director of Library & Information Services,
Nova Scotia Barristers' Society
1815 Upper Water St.,
7th floor, The Law Courts
Halifax, N.S. B3J 1S7

R

  • Receiver
    • Accounting for services, receipts, and disbursements 11.02(3),  36.14,  36.15,  36.16,  73.06,  73.09,  73.11,  73.13
    • Accounts, SEE ALSO: Account; Reference
    • Appointment of receiver to enforce a judgment 73.02
    • Appointment under Bankruptcy and Insolvency Act 41.02(5)
    • Approval for fees and disbursements 73.09
    • Auxiliary receiver working with another court 73.13,  73.14
    • Conflicting claims to property, SEE: Interpleader
    • Discharge of receiver 73.11
    • Duties of a receiver under Companies Act 73.06
    • Duties of receiver [permanent] 73.06
    • Duties of receiver [temporary] 41.07
    • Fees and disbursements 73.09
    • Motions by or to receiver acting on assignment from judge 22.11(1),  22.13
    • Participation in joint conference or hearing with foreign court, SEE: Outside Nova Scotia
    • Passing accounts, SEE: Accounting (above)
    • Penalties for delays by receiver 73.11(3)
    • Powers of receiver [permanent] 73.04,  73.08
    • Powers of receiver [temporary] 41.07
    • Receiver appointed prior to trial or hearing 41.02(7)
    • Receivership proceedings, SEE: Receivership (permanent); Receivership (temporary)
    • Rehearing of motion to appoint receiver 73.05(2)
    • Removal and replacement of receiver 73.10,  73.11
    • Representation, SEE ALSO: Representative party
    • Representation of receiver by counsel, requirements 34.02,  73.06
    • Security or undertaking for damages caused by receiver 73.07
    • Sheriff as receiver of property attached to preserve assets to satisfy a judgment 44.06,  44.08,  44.10
    • Sheriff as receiver of property to be sold to satisfy judgment 79.14,  80.02
  • Receivership (permanent)
    • Auxiliary receivership jointly with another court 73.13
    • Conflicting claims to property, SEE: Interpleader
    • Directions or guidance by judge 73.08
    • Disclosure and discovery in aid of receivership 73.08
    • Final order for receivership 41.02(4)
    • Form 35.12, Notice to Subsequent Encumbrancer 35.12,  F.35.12
    • Injunction to protect and deliver property 73.05
    • Notice to Subsequent Encumbrancer 35.12,  F.35.12
    • Preservation of evidence 73.08
    • Priority of interests 73.03
    • Prior security holder as party to proceeding 73.03
    • Receivers, SEE: Receiver
    • Receivership jointly with another court 73.12
    • Subsequent encumbrancer as party to proceeding 35.12,  73.03
  • Receivership (temporary)
    • Auxiliary receivership jointly with another court 73.14
    • Bankruptcy of party and appointment of trustee 35.11(1)
    • Damages awarded where motion for receivership not justified 41.06(2)
    • Definition of "interim receivership" 41.01
    • Definition of "interlocutory receivership" 41.01
    • Delay in proceeding to next step, abuse of process 41.06(3)
    • Ex parte interim receivership 41.05
    • Indemnity for losses caused if receivership unjustified 41.06(1)
    • Interim receiver appointed under Bankruptcy and Insolvency Act 41.02(5)
    • Interim receivership, granting when justified 41.04
    • Motion on notice for interlocutory receivership 41.03
    • Order for temporary receivership in aid of another court 41.10
    • Proceeding for receivership to enforce a charge 35.12
    • Purpose of interim receivership 41.02(2)
    • Purpose of interlocutory receivership 41.02(3)
    • Receivers, SEE: Receiver
    • Stay of proceeding on bankruptcy of party and appointment of trustee 35.11(1)
    • Termination or variation of interlocutory receivership 41.09
    • Undertaking for motion for interim or interlocutory receivership 41.06(1),  95.02
  • Reciprocal enforcement
    • Enforcement of registered foreign judgment 81.05,  86.04
    • Expense of reciprocal enforcement, as grounds for ordering security for costs 45.02
    • Notice of Ex Parte Registration [of foreign judgment], Form 81.03 81.03,  F.81.03
    • Notifying judgment debtor of ex parte registration 81.03
    • Registration of foreign execution order 79.17(1)
    • Registration of foreign judgment 81.02
    • Setting aside ex parte registration 81.04
  • Reciprocity
    • SEE: Outside Nova Scotia
  • Records management
    • Indemnity for expense of disclosure where ineffective or unreasonable system 14.07
    • Ineffective or unreasonable system, and disclosure of privileged information 14.06(1)
    • Systems for searching, sorting, preservation and copying documents or electronic information for disclosure or e-discovery, SEE: Disclosure and discovery; Disclosure (documents); Disclosure (electronic)
  • Reducing parole ineligibility
    • Affidavit Supporting Application [for Reduction of Parole Ineligibility] 65.05,  F.65.05
    • Commencement of Application 65.04
    • Deadline for filing proof of notice of Application 65.06(3)
    • Dismissal of Application for ineligibility 65.09
    • Documents without sponsor 65.15
    • Empanelling jury for hearing the Application 65.14
    • Entitlement to make the Application 65.07
    • Form 65.03, Heading for Application [for Reduction of Parole Ineligibility] 65.03,  82.09,  F.65.03
    • Form 65.04, Application for Reduction of Parole Ineligibility 65.04,  82.09,  F.65.03,  F.65.04
    • Form 65.05, Affidavit Supporting Application [for Reduction of Parole Ineligibility] 65.05,  F.65.05
    • Judicial review of Application 65.04,  65.07,  65.09
    • Judicial screening of Application 65.08,  65.09
    • Jury, hearing of Application 65.10(1),  65.14
    • Notifying persons re Application 65.05,  65.06
    • Notifying persons re jury selection and hearing of Application 65.11
    • Order after review of Application 65.09
    • Order of presentation at hearing 65.16
    • Parole eligibility report 65.12
    • Place of hearing, motion, and proceeding 65.10
    • Pre-hearing conference 65.13
    • Proof of authenticity of documents 65.15
    • Review of Application for compliance with s.745.6 of Code 65.07
    • Review of Application for reasonable prospect of success 65.08
    • Subpoena for attendance of applicant 65.11(3)
  • Referee
    • Adjudicator under Small Claims Court Act, SEE: Costs
    • Consent to appointment and terms 11.04(2)
    • Kinds of persons who can act as referee 11.02(4),  77.18
    • Motions by and to referee 22.10,  22.13,  22.14
    • Nomination, terms for payment, and consent 11.02(2),  11.04(1)
    • Order on own motion 22.10
    • Participation in joint conference or hearing with foreign court, SEE: Outside Nova Scotia
    • Payment directions 11.02(2),  11.04
    • Powers 11.05(2)
    • Registrar General under Land Registration Act as referee 11.03
    • Replacement of referee by judge 11.08
    • Report of referee’s findings 11.06
  • Reference
  • Registration of birth
    • SEE: Birth registration
  • Registry numbers
    • SEE: Court records
  • Relator proceeding
    • Representative party acting on behalf of public official 36.02
  • Release-bar rules
    • Settlement with one party not releasing other parties 10.02
  • Removing child from care of parent or guardian
  • Reporter
    • SEE: Court reporter
  • Representation of facts
    • SEE: Fact
  • Representative party
    • Accounting for services, receipts and disbursements 11.02(3),  36.03,  36.14,  36.15,  36.16,  73.06,  73.09,  73.11,  73.13
    • Acting on their own, by permission (SEE ALSO: Acting on one's own) 36.13(5)
    • Administrator of deceased’s estate, SEE: Executor (below)
    • Affidavit for court approval of settlement involving representative party 36.13
    • Application of Rules to representative party 36.01(3),  36.03
    • Approval of contingency fee to counsel 36.15,  77.14
    • Approval of counsel’s accounts, requirements 36.15,  77.14
    • Approval of judge, requirements in certain proceedings 36.03(2)
    • Approval of representative’s accounts 36.16
    • Assessment of damages in personal injury Action involving representative party 36.03(2),  36.13(5)
    • Attorney acting under power of attorney 36.01(1)
    • Authority to act, or not act 36.03,  36.08
    • Child (SEE ALSO: Child; Guardian; Litigation guardian) 36.01,  36.06,  36.08,  36.09,  46.07(1),  68.07
    • Class of persons, representative for (SEE ALSO: Class proceeding) 36.01(2),  36.10(1)
    • Consent to judgment, requirement for court approval 36.03(2)
    • Contingency fee agreement with counsel 36.15,  77.14
    • Counsel, acting for child or person under disability in settlement of proceeding 36.03(2),  68.07
    • Counsel, acting for party on child protection appeal 90.37(12)
    • Counsel, acting for trustee, executor, receiver, etc. 34.02,  36.04,  36.15
    • Counsel’s accounts 36.03(2),  36.15
    • Decision-making authority as representative party 36.01
    • Denial of plaintiff’s right to claim in representative capacity 38.05
    • Directions requested from judge 36.03(3),  36.15(4)
    • Discharge or replacement of representative party 36.08,  36.09,  36.11,  36.12
    • Estate proceedings (SEE ALSO: Estates; Executor) 35.11,  36.01,  36.10,  36.11,  36.12
    • Executor of deceased’s estate (SEE ALSO: Estates; Executor) 35.11,  36.01,  36.10,  36.11,  36.12
    • Fees and expenses, requirement for approval of judge 36.03(2),  36.14,  36.15,  36.16
    • For child or person under disability, in settlement of a class proceeding 68.07
    • For child or person under disability (SEE ALSO: Child; Guardian; Litigation guardian; Person under disability) 36.01,  36.06,  46.07(1),  68.07
    • For deceased person (SEE ALSO: Executor) 35.11,  36.01,  36.10,  36.11,  36.12
    • Form 36.07, Litigation Guardian’s Statement 36.07,  82.09(3),  F.36.07
    • For trust beneficiaries (SEE ALSO: Trustee) 36.01(1),  36.10,  36.11,  36.12,  66.04(3)
    • For unknown or unascertainable persons 36.10,  66.04(3),  68.07
    • GENERAL provisions, SEE: Parties
    • Guardian acting as litigation guardian (SEE ALSO: Litigation guardian) 36.06,  36.07
    • Guardian acting for child or person under disability (SEE ALSO: Guardian) 36.06,  36.07,  71
    • Litigation guardian (SEE ALSO: Litigation guardian) 36.01,  36.06,  36.07,  36.08,  36.09
    • Litigation Guardian’s Statement 36.07,  82.09(3),  F.36.07
    • Name or title of representative 36.02
    • Passing accounts for approval of judge 36.03(2),  36.14(2),  36.15,  36.16
    • Payment of counsel’s accounts 36.03(2),  36.15
    • Payment of representative’s accounts 36.16
    • Payment out of court in proceeding involving child or party under disability 46.07(1)
    • Personal injury Action involving represented party 36.13(5)
    • Person under disability (not capable of managing their affairs) (SEE ALSO: Guardian; Litigation guardian; Person under disability) 36.01,  36.06,  36.07,  36.09,  46.07(1),  68.07
    • Power of attorney appointment 36.01(1)
    • Public official 36.01,  36.02,  36.05
    • Relator proceeding, on behalf of public official 36.02
    • Removal or replacement of representative party 36.08,  36.09,  36.11,  36.12
    • Representative, requirement re representation by counsel 34.02,  36.04
    • Representative’s accounts 36.14,  36.16
    • Settlement involving represented party, requirement re court approval 36.03(2),  36.13,  36.14
    • Trustee (SEE ALSO: Trustee) 36.01,  36.10,  36.11,  36.14,  36.16
    • Trustee as guardian for child or person under disability (SEE ALSO: Guardian) 71.01(3)
    • Trust fund for represented party (SEE ALSO: Trust; Trustee) 36.14
    • Unknown or unascertained party, representation for 36.10,  66.04(3),  68.07
  • Respondent
    • Definition for divorce proceedings 59.05(2)
    • Disentitled to further notice, circumstances 59.14(5)
  • Response
    • Definition of "response" 59.01
  • Rules
    • Access to Adult Protection files and records in accordance with Rule 59 [Family Division Rules] 60A.43
    • Access to records, Rule 85 (Access to Court Records) 62.30
    • Actions started pre-2009, application of 2008 Rules 92.02(1)
    • Actions under $100,000, application of 2008 Rules 92.06
    • Adult Protection Order, motion to vary review or terminate in accordance with Part 6 (Motions) 60A.42
    • Application for divorce, written agreement, Rule 82 (Administration of Civil Proceedings) 59.45(2)
    • Application for Removal from Child Abuse Register in accordance with Rule 84, (Court Records)
    • Application in Chambers [Divorce], Rule 5 (Application) 59.40(3)
    • Application of 1972 Rules 92.02(2)
    • Application of 2008 Rules to existing Actions 92.02(1)
    • Assignment conference date [Divorce], Rules 4.13 to 4.21 59.41
    • 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 (Report Required) 60A.10(3)
    • Case management of a family proceeding, application of Rule 26 (Conference) 62.05
    • Change of location of a proceeding [Divorce], Rule 32 (Place of Proceeding) 59.03(3)
    • Change of location or adjournment of hearing [Divorce], Rule 47 (Place of Trial or Hearing) 59.03(3)
    • Child protection application, in accordance with Rule 84 (Court Records) 60A.03(1)
    • Choice of Rules, where unfair advantage 92.08(2)
    • Citation of 1972 Rules 93.02
    • Citation of 2008 Rules, and meaning of references 93.01
    • Conciliation, application in Chambers [Divorce], Rule 5.02 to 5.06 [Notice] 59.36(5)
    • Conciliation, approval needed for Draft Consent order [Divorce], Rule 78 (Order) 59.32(2)
    • Conciliation, referral to court [Divorce], Rule 31 (Notice) 59.36(2)
    • Conciliation, regarding prothonotary or court officer [Divorce], Rule 22 (General provisions for Motions) 59.31(4)
    • Conciliation, regarding prothonotary or court officer [Divorce], Rule 30 (Motion to the Prothonotary) 59.31(5)
    • Conduct of settlement conference in family proceeding not applicable, Rule 10.11 to 10.15 [Settlement] 62.05(5)
    • Conference, arranged by judge or court officer [Divorce], Rule 26 (Conference) 59.38
    • Contact information, requirements [Divorce], Rule 82 (Administration of Civil Proceedings) 59.15(3)
    • Counsel of Record in Divorce, Rule 33 (Counsel) 59.05(5)
    • Courts to which Rules apply 2.01,  90.01,  91.01
    • Delivery of filed documents, application [Divorce], Rule 31.15 [Notice] 59.19(2)
    • Directions to apply 2008 or 1972 Rules 92.08
    • Disclosure and discovery, exception regarding child support [Divorce], Rule 18 (Discovery) 59.28(1)
    • Disclosure of documents, demand production in family proceeding, Rule 14 (Disclosure and Discovery in General) 62.07(2),  62.07(3)
    • Disclosure of documents, exception [Divorce], Rule 15 (Disclosure of Documents) 59.19(4)
    • Disclosure of documents, modifying provisions [family proceeding], Rule 15 (Disclosure of Documents) 62.07(1)
    • Disclosure of Electronic Information, exception [Divorce], Rule 16 (Disclosure of Electronic Information) 59.19(4)
    • Disclosure of Electronic Information, modifying provisions [family proceeding], Rule 16 (Disclosure of Electronic Information) 62.07(1)
    • Discontinuance [Divorce], modifying application under Rule 9 [Discontinuance] 62.06
    • Discontinuing Divorce application under Rule 9 [Discontinuance], conditions 59.16(2),  59.16(3)
    • Disentitled to notice [Divorce], under Rule 31 (Notice) 59.44
    • Divorce Order preparation 59.51
    • Divorce trial, Rule 51 (Conduct of Trial) 59.42
    • Document in existing Action, preservation under 2008 Rules 92.03
    • Draft Consent Order referred to judge [Divorce], Rule 78 (Order) 59.18(6)
    • Effective date of 2008 Rules 92.01
    • Emergency application or motion, contact information [Divorce], Rule 82 (Administration of Civil Proceedings) 59.53(2)
    • Emergency application or motion [Divorce], Rule 28 (Emergency Motion) 59.53
    • Failure to comply with Order to Appear and Disclose [Divorce], Rule 89 (Contempt) 59.26(9)
    • Family proceedings, application of 1972 Rules 92.02(2)
    • Filing deadline for Demand for Notice [Divorce], Rule 31.12 [Notice] 59.11(1)
    • Formal offers not applicable in family proceeding, Rule 10 (Settlement) 62.05(3)
    • Hearing, Application of [Divorce], Rule 5 (Application) 59.40
    • Hearing, conduct of [Divorce], Part 11 (Trial and Hearing) 59.40
    • Hearing, Evidence at [Divorce], Part 11 (Trial and Hearing) 59.40
    • Hearing in Supreme Court (Family Division), Rule 55 (Expert Opinion) 59.40(5)
    • In divorce, court officer's role after appealing order, Rule 90 (Civil Appeal) 59.49
    • Instructions from Prothonotary to party acting on their own 34.06,  34.07
    • Irregularity or mistake, SEE: Non-compliance with Rules
    • Judge designating address for service to party under Rule 31 (Notice) 60A.38(6)
    • Judicial discretion to excuse compliance, SEE: Non-compliance with Rules
    • Location of Trial [Divorce], Rule 47 (Place of Trial or Hearing) 59.09(1)
    • Motion for automatic costs for party affected by discontinuance [Divorce] exception, Rule 9.06(1) (Discontinuance) 59.16(5)
    • Motion for directions, proceeding to hearing [Divorce], Rule 5 (Application) 59.37(2)
    • Motion for fixed costs for party affected by discontinuance [Divorce], exception, Rule 77 (Costs) 59.16(5)
    • Motion for interim relief [Divorce], Rule 78 (Order) 59.52
    • Motion for prothonotary to dismiss dormant action [Divorce], exception, Rule 4.22 [Action] 59.16(4)
    • Motion for prothonotary to dismiss dormant application [Divorce], exception, Rule 5.18 [Application] 59.16(4)
    • Motion for relief and interim relief [Divorce], Rule 23 (Chambers Motion) 59.52(3)
    • Motion of Appointment for child protection hearing under Rule 25.04, [Motion by Appointment] 60A.08
    • Motion to judge for substitute notification [Divorce], Rule 31.10 [Notice] 59.14(4)
    • Non-compliance, SEE: Non-compliance with Rules
    • Notice concerning giving notice of originating document, Rule 31 (Notice) 60A.29(3)
    • Notice in existing Actions, application of 1972 Rules 92.05
    • Notice of Adult Protection Application for order under Rule 60A.38(1) (Starting an Adult Protection Application), exceptions 60A.40(1),  F.60A.40
    • Notice of Adult Protection Application under Rule 5.07 [Application] 60A.39(1),  F.60A.39
    • Notice of Adult Protection Application under Rule 84 (Court Records) 60A.39(1),  F.60A.39
    • Notice of an originating document Rule 31 (Notice) apply to application 60A.31,  60A.38(5)
    • Notice of Application, format [Divorce], Rule 82 (Administration of Civil Proceedings) 59.07(1)
    • Notice of Application, Rule 5 (Application) 60A.31(2)
    • Notice of Application for a Protective-intervention Order in accordance with Rule 5 (Application) 60A.29(4)
    • Notice of Application in court, under Rule 5.07, [Application] 60A.03(1)
    • Notice of child protection application under Rule 31 (Notice) F.60A.03
    • Notice of child protection application under Rule 5.07 [Application] 60A.03(1),  F.60A.03
    • Notice of child protection application under Rule 84 (Court Records) 60A.03(1),  F.60A.03
    • Notice of motion provided [Divorce], Rule 31 (Notice) 59.52(4)
    • Notice of proceeding [Divorce], applies under Rule 31 (Notice) 59.14(1)
    • Notice of Variation Application, format [Divorce], Rule 82 (Administration of Civil Proceedings) 59.12(1)
    • Notice regarding designated address [Divorce], Rule 31 (Notice) 59.15(2)
    • Outstanding interlocutory steps, application of 1972 Rules 92.04
    • Party acting on their own, application of Rules to 34.06,  34.07
    • Petition for Divorce, format, Rule 82 (Administration of Civil Proceedings) 59.09(1)
    • Petition for Divorce, required filings in accordance with Rule 82 (Administration of Civil Proceedings) 62.09,  F.62.09
    • Place (modifying provisions), Rule 32.02 (Place of proceeding) 62.04
    • Place (modifying provisions), Rule 47.03 [Place of Trial or Hearing] 62.04
    • Proceeding taken to be consolidated [Divorce], Rule 37 (Consolidation and Separation) 59.09(9)
    • Reference, application of Rules to 11.05(3)
    • Regarding settlement conferences, Rule 59 (Family Division Rules) apply to adult protection proceedings 60A.35
    • Regarding settlement conferences, Rule 59 (Family Division Rules) apply to child protection proceedings 60A.35
    • Registry codes [Rule 32] application to existing proceedings 92.07
    • Respondent notified [Divorce], Rule 31 (Notice) 59.47(1)
    • Scheduling hearing for motion for directions [Divorce], Rule 5.07(3) [Application] 59.37(8)
    • Self-represented party, application of Rules to 34.06,  34.07
    • Serving a provisional order [Divorce], Rule 31 (Notice) 59.56(2)
    • Settlement conference, conduct of [Divorce], Rule 10 (Settlement) 59.39(8)
    • Settlement conference concerning formal offers [Divorce], Rule 10 (Settlement) 59.39(7)
    • Starting a proceeding, court officer to instruct [Divorce], Rule 34 (Acting on One's Own) 59.04(7)
    • Step in existing Action, preservation under 2008 Rules 92.03
    • Trial in progress, directions to apply 2008 or 1972 Rules 92.08(1)
    • Unfair advantage, choice of Rules 92.08(2)
  • Rules of evidence
    • SEE: Evidence
  • Rules of procedure
    • SEE: Hearing; Trial