Nova Scotia Annotated Civil Procedure Rules

Part 11 - Trial and Hearing

Rule 50 - Subpoena

Educational Notes

This Rule is considerably broader than the previous R.31.24-31.31. It sets out the procedure for compelling a witness to give evidence, and the form and duration of a subpoena. Subpoenas must be accompanied with the required fees and travel expenses and be personally delivered to the witness, though a party subpoena may go to his or her designated address. Subpoenas are issued by the prothonotary, though a subpoena on a motion must have the permission of a judge (R.50.02(2)). The prothonotary can require a motion if a subpoena appears to be an abuse of process. A witness who does not appear is subject to a finding of contempt (R.50.13(1)), a warrant for the witness’s arrest (R.50.13(1)), or an order that the witness indemnify any party for expenses resulting from an adjournment (R.50.14(4)).

50.02 - Power of prothonotary to compel attendance

50.02 Power of prothonotary to compel attendance

(1)   A prothonotary at any courthouse may issue a subpoena for the attendance of a witness at a trial, or at the hearing of an application, an inquiry by a referee, an appeal at which evidence is to be taken, or a commission under Rule 56 - Commission Evidence.

(2)   A prothonotary may only issue a subpoena for the attendance of a witness at the hearing of a motion, if a judge permits.

(3)   Only the prothonotary at the office where the documents in a proceeding are filed may issue a discovery subpoena in accordance with Rule 18 - Discovery.

(4)   A prothonotary may issue a subpoena addressed to a witness who appears to reside outside Nova Scotia, whether or not the party makes a motion for certification of the subpoena under the Interprovincial Subpoena Act.

(5)   The subpoena may require the witness to bring documents or other evidence.

(6)   A prothonotary who believes that issuing a subpoena may lead to an abuse of the court’s processes may require the party who seeks the subpoena to make the motion for the subpoena on notice to each other party and the witness, or refer the motion to a judge.

Index Terms
  • Abuse of process, requirement for motion for subpoena on notice
  • Attendance at discovery (SEE ALSO: Discovery)
  • Attendance at hearing of motion
  • Improper request for subpoena for attendance of witness
  • Interprovincial Subpoena Act
  • Interprovincial Subpoena Act, re non-resident witness
  • Power of prothonotary to compel attendance
  • Prothonotary powers and duties
  • Prothonotary’s power to compel attendance at hearing of motion
  • Subpoena of witness to attend (SEE ALSO: Subpoena)
  • Subpoena to non-resident witness