Nova Scotia Annotated Civil Procedure Rules

Part 8 - Counsel, Parties, and Claims

Rule 33 - Counsel

Educational Notes

This Rule governs the process by which a lawyer becomes or is removed as counsel of record. It replaces the previous R.44. The Rule makes two major changes to practice:

  1. A lawyer who is discharged by a client must still complete all tasks the lawyer undertook, or was directed, to perform for the court, including drafting an order (R.33.10(1)). If there is a pending court date the lawyer must appear personally and seek to be removed, unless a notice of new counsel is filed or the judge permits otherwise (R.33.10(2)); and
  2. A lawyer who wishes to withdraw must make a motion to be removed as counsel of record (R.33.11(1)). This is consistent with the previous R.44.06 but counsel did not often comply with the previous Rule.

33.07 - Party acting on own after discharging counsel

33.07 Party acting on own after discharging counsel

(1)   A party who discharges counsel and wishes to act on their own must attend the prothonotary’s office to file a notice of intention to act on one’s own, unless the prothonotary directs in writing that a personal attendance is not required.

(2)   The notice of intention to act on one’s own must contain the standard heading, be entitled “Notice of Intention to Act on One’s Own”, be signed by the party, and include all of the following:

(a)     a statement indicating that the former counsel has been discharged;

(b)     the date of the discharge;

(c)     a statement that the party has decided to act on their own;

(d)     an acknowledgement that the party must personally deliver the notice to the prothonotary;

(e)     a designation of a new address for delivery of documents for the party;

(f)       an acknowledgement of the effect of delivery to the designated address and a statement that further contact information is available from the prothonotary.

(3)   The party must also provide the prothonotary with information for communicating with the party, such as a telephone number, fax number, and e-mail address.

(4)   The notice of intention to act on one’s own may be in Form 33.07.

(5)   The party must immediately deliver a copy of the notice to the former counsel, and to each party entitled to notice in the proceeding.

Index Terms
  • After discharging counsel
  • Discharge of counsel, client to act on their own
  • Form 33.07, Notice of Intention to Act on One’s Own
  • Notice of intention to act on one’s own
  • Notice of Intention to Act on One’s Own
  • Notice of Intention to Act on One’s Own, Form 33.07
  • Of intention to act on one's own
  • Party acting on own after discharging counsel