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Contents
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Subrule
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Rule 1 — Citation, Application and Interpretation |
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Citation |
(1) |
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Idem | (2) |
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Idem | (3) |
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Application | (4) |
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Object of rules | (5) |
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Interpretation | (6) |
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Titles and headings | (7) |
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Definitions | (8) |
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[Repealed] |
(9) and (10) |
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Idem | (10) |
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Waiver of rule by agreement |
(11) |
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Orders on terms and conditions |
(12) |
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Petitions and applications |
(13) |
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Enactments of Canada | (14) |
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Mutatis mutandis | (15) |
Rule 2— Effect of Non-compliance
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Non-compliance with rules |
(1) |
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Idem | (2) |
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Idem | (3) |
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Application to set aside for irregularity |
(4) |
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Consequences of certain non-compliance |
(5) |
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Idem | (6) |
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Dismissal for want of prosecution |
(7) |
Rule 3— Time
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Computation of time |
(1) |
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Extending or shortening time |
(2) |
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Idem | (3) |
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Short notice applications |
(3.1) |
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Form of applications | (3.2) |
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Notice of intention to proceed afterdelay of one year |
(4) |
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Want of prosecution | (5) |
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Attendance | (6) |
Rule 4— Forms and Documents
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Forms |
(1) |
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Documents | (2) |
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Idem | (3) |
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Space for stamp | (3.1) |
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Style of proceeding | (4) |
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Style of proceeding for class proceeding |
(4.1) |
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Signature and dating | (5) |
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Address for delivery | (6) |
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Required address | (7) |
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Required address must be available fordelivery of documents |
(7.1) |
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Additional addresses for delivery |
(8) |
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Address must be in British Columbia |
(9) |
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Change of address for delivery |
(10) |
Rule 5— Multiple Claims and Parties
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Multiple claims |
(1) |
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Multiple parties | (2) |
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Idem | (3) |
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Idem | (4) |
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Idem | (5) |
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Separation | (6) |
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Idem | (7) |
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Consolidation | (8) |
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Misjoinder or nonjoinder of parties |
(9) |
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Carriageby Air Act |
(10) |
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Representative proceeding |
(11) |
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Idem | (12) |
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Enforcement of order made inrepresentative proceeding |
(13) |
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Representation of interested personwho cannot be ascertained |
(14) |
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Idem | (15) |
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Idem | (16) |
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Representation of beneficiaries by trustees |
(17) |
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Idem | (18) |
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Representation of deceased personinterested in a proceeding |
(19) |
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Idem | (20) |
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Person as relator | (21) |
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Declaratory order | (22) |
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Conduct of a proceeding |
(23) |
Rule 6— Persons Under Disability
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Interpretation |
(1) |
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Commencement of proceedings byperson under disability |
(2) |
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Idem | (3) |
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Idem | (4) |
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Litigation guardian |
(5) |
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Committee as litigation guardian |
(6) |
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Consent of litigation guardian |
(7) |
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Certificate of fitness |
(8) |
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Certificate for a litigation guardian |
(8.1) |
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Party becoming incompetent |
(9) |
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Removal of litigation guardian |
(10) |
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Party attaining age of majority |
(10.1) |
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Effect of filing affidavit |
(10.2) |
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Step in default | (11) |
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Idem | (12) |
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Idem | (13) |
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Compromise by person under disability |
(14) |
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Approval of compromise |
(15) |
Rule 7— Partnerships
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Partners may sue or be sued in firmname |
(1) |
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Service on firm | (2) |
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Appearance | (3) |
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Affidavit naming partners |
(4) |
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Idem | (5) |
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Execution against partnership or partners |
(6) |
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Idem | (7) |
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Idem | (8) |
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Idem | (9) |
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Action against person carrying on businessin a name
other than the person's own |
(10) |
Rule 8— Form and Commencement of Proceedings
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Writ of summons |
(1) |
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Endorsement | (2) |
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Form | (3) |
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Service | (4) |
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Representative action | (5) |
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[Repealed] | (6) and (7) |
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Writ of summons to be signed |
(8) |
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Sealing of writ of summons |
(9) |
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Registrar's copy of writ of summons |
(10) |
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Procedure on filing writ of
summons |
(11) |
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Lost writ of summons | (12) |
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Proceedings under the Wills Variation Act |
(13) |
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Idem | (14) |
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Idem | (15) |
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Idem | (16) |
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[Repealed] | (17) |
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Application to petition |
(18) |
Rule 8A— Transfer of Proceedings from Provincial Court
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Definition |
(1) |
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These rules apply to transferred proceedings |
(2) |
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Pleadings | (3) |
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Plaintiff must file and serve statementof claim |
(4) |
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When statement of claim to be filedand served |
(5) |
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Statement of defence and counterclaim |
(6) |
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Previous address for delivery |
(7) |
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New address for delivery
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(8) |
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Filing fees | (9) |
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New filing is not an amendment |
(10) |
| Rule 9— Renewal of Writ
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Renewal of original writ ofsummons |
(1) |
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Renewal of renewed writ of summons |
(2) |
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Renewal of writ of summons |
(3) |
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[Repealed] | (4) |
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Application to petition |
(5) |
Rule 10
— Originating Application
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Originating application |
(1) |
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Originating application by consent orif notice not required |
(2) |
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Originating application by petition |
(3) |
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Service | (4) |
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Response | (5) |
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Time for response | (6) |
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Reply by petitioner | (7) |
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No additional affidavits | (8) |
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[Repealed] | (9) to (16) |
| Rule 11
— Service and Delivery of Documents
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Service of writ of summons |
(1) |
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How service effected | (2) |
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Date of deemed service |
(3) |
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Service on agent | (4) |
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Service on Attorney General |
(5) |
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Service on a party of record |
(6) |
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How to deliver a document |
(6.1) |
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Restrictions on fax |
(6.2) |
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When delivery by mail is effective |
(6.3) |
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When delivery by fax is effective |
(6.4) |
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If document does not reach person |
(6.5) |
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Proof of service or delivery |
(7) |
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Service or delivery acknowledged by solicitor |
(8) |
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[Repealed] | (9) |
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Delivery where no address for delivery given |
(10) |
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Service on member of Canadian Armed Forces |
(11) |
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Proof of service by sheriff |
(12) |
| Rule 12
— Substituted Service
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Court may order substitutedservice |
(1) |
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How substituted service effected |
(2) |
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Service of order required |
(3) |
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Substituted service at residencewithout order |
(4) |
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Effective date of service |
(5) |
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Affidavit | (6) |
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Substituted service by mail without order |
(7) |
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Effective date of service |
(8) |
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Affidavit | (9) |
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Limits on substituted service |
(10) |
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If document does not reach person |
(11) |
| Rule 13
— Service Outside British Columbia
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Service outside British Columbia withoutleave |
(1) |
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Idem | (2) |
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Application for leave to service outsidethe jurisdiction |
(3) |
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Applications may be made without notice |
(4) |
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Service of order, etc. |
(5) |
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Time for appearance | (6) |
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Time for appearance may be shortened |
(6.1) |
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Where service without leave valid |
(7) |
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Contract containing terms for service |
(8) |
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Idem | (9) |
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[Repealed] | (10) |
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Definition | (11) |
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Manner of service abroad |
(12) |
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Proof of service abroad |
(13) |
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Forms | (14) |
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Certificate | (15) |
| Rule 14
— Appearance
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Filing of appearance |
(1) |
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[Repealed] | (2) |
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Time for appearance | (3) |
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Appearance after time for appearance |
(4) |
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Conditional appearance |
(5) |
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Disputed jurisdiction |
(6) |
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Order declining jurisdiction may be sought |
(6.1) |
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Disputed process or service |
(6.2) |
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Powers of court pending resolution |
(6.3) |
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Party does not submit to jurisdiction |
(6.4) |
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[Repealed] | (7) and (8) |
| Rule 15
— Change of Parties
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Party's death, bankruptcy,etc. |
(1) |
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Idem | (2) |
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Assignment or conveyance of interest |
(3) |
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Change or transmission of interest or liability |
(4) |
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Removing, adding or substituting party |
(5) |
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Procedure where order made |
(6) |
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Effect of order | (7) |
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Prosecution of action where plaintiff orpetitioner dies |
(8) |
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Idem | (9) |
| Rule 16
— Change of Solicitor
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Change of solicitor |
(1) |
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Order that solicitor has ceased to act |
(2) |
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[Repealed] | (3) |
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Order on application of solicitor |
(4) |
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Notice of withdrawal | (5) |
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Filing of objection | (6) |
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Procedure where no objection filed |
(7) |
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Delivery of notice of withdrawal |
(8) |
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Delivery of documents after withdrawal |
(9) |
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Procedure where objection filed |
(10) |
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Substituted service | (11) |
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Delivery of copy of order |
(12) |
| Rule 17
— Default of Appearance to Writ
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Default in filing ofappearance |
(1) |
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Filings required | (2) |
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Claim for debt or liquidated demand |
(3) |
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Idem | (4) |
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Claim for unliquidated damages |
(5) |
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Claim for detention of goods |
(6) |
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Multiple claims | (7) |
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Method of assessment | (8) |
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Judgment in other claims |
(9) |
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Idem | (10) |
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Application to judge or master |
(11) |
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Court may set aside or vary default judgment |
(12) |
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Alternative methods of assessment |
(13) |
| Rule 18
— Summary Judgment in Action
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Application for |
(1) |
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Order for | (2) |
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Continuing proceedings after summary judgment |
(3) |
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Summary judgment on counterclaim or third party proceeding |
(4) |
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Setting aside or varying summary judgment |
(5) |
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Summary judgment for defendant |
(6) |
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Order for summary judgment for defendant |
(7) |
| Rule 18A
— Summary Trial
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Application |
(1) |
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When application must be heard |
(1.1) |
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Setting application for hearing | (2) |
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Evidence on application |
(3) |
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Application of Rule 40 |
(4) |
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Application of Rule 40A |
(4.1) |
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Filings with application |
(5) |
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Notice of evidence to be used on application |
(6) |
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Time for giving notice |
(7) |
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Ancillary orders and directions |
(8) |
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[Repealed] | (9) |
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Preliminary directions |
(10) |
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Ancillary or preliminary orders and directions may be made at or before application |
(10.1) |
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Judge not seized of application |
(10.2) |
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Judgment | (11) |
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No further application without leave |
(12) |
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Directions | (13) |
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[Repealed] | (14) |
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Right to vary or set aside order |
(15) |
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Order if jury notice filed |
(16) |
| Rule 19
— Pleadings Generally
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Contents |
(1) |
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Idem | (2) |
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Idem | (3) |
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Idem | (4) |
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Form | (5) |
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Matters arising since commencement |
(6) |
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Inconsistent allegations |
(7) |
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Alternative allegations |
(8) |
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Objection in point of law |
(9) |
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Pleading conclusions of law |
(9.1) |
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Status admitted | (10) |
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Where particulars necessary |
(11) |
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Further particulars |
(11.1) |
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Particulars in libel or slander |
(12) |
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Set-off or counterclaim |
(13) |
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Filing and delivery of pleadings |
(14) |
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Pleading after the statement of claim |
(15) |
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Order for particulars |
(16) |
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Demand for particulars |
(17) |
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Demand for particulars not a stay of proceedings |
(18) |
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Denial required if fact not admitted |
(19) |
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General denial sufficient except whereproving different facts |
(20) |
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Substance to be answered |
(21) |
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Denial of contract | (22) |
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Allegation of malice |
(23) |
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Scandalous, frivolous or vexatious matters |
(24) |
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Idem | (25) |
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Idem | (26) |
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Idem | (27) |
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General relief | (28) |
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General damages shall not be pleaded |
(29) |
| Rule 20
— Statement of Claim
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Form |
(1) |
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Delivery | (2) |
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Altering claim from that endorsed on the writ |
(3) |
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Place of trial | (4) |
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Specific relief | (5) |
| Rule 21
— Statement of Defence and Counterclaim
|
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Form |
(1) |
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Bills of exchange | (2) |
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Contracts | (3) |
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Damages | (4) |
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Delivery | (5) |
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Counterclaim | (6) |
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Idem | (7) |
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Counterclaim against plaintiff andanother person |
(8) |
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Idem | (9) |
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Idem | (10) |
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Idem | (11) |
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Defence to counterclaim |
(12) |
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Separate trial of counterclaim |
(13) |
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Where action stayed or discontinued |
(14) |
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Judgment | (15) |
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Payment into court when tender pleaded |
(16) |
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Costs where defence of tender successful |
(17) |
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Acceptance of money paid into court |
(18) |
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Tender in defamation action |
(19) |
| Rule 22
— Third Party Procedure
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Filing a third party notice |
(1) |
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Contents of a third party notice |
(2) |
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When leave is required |
(3) |
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Application for leave |
(4) |
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Service and delivery of a third party notice |
(5) |
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Application to set aside notice |
(6) |
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Appearance | (7) |
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Statement of defence | (8) |
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Reply | (9) |
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Default of appearance |
(10) |
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Default of statement of defence |
(11) |
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Relief | (12) |
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Statement of defence to statement of claim |
(13) |
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Contribution or indemnity claimedunder the Negligence Act |
(14) |
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Apportionment of liability claimed under the Negligence Act |
(15) |
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When statement of defence to thirdparty notice not required |
(16) |
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Application for directions |
(17) |
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Third party procedure not to prejudicethe plaintiff |
(18) |
|
Trial | (19) |
| Rule 23
— Reply and Subsequent Pleadings
|
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Form |
(1) |
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Delivery of reply | (2) |
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Pleading subsequent to reply |
(3) |
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Statement of defence to counterclaim |
(4) |
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Close of pleadings | (5) |
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Failure to reply | (6) |
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No joinder of issue | (7) |
| Rule 24 — Amendment
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When amendment may be made |
(1) |
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How amendments made | (2) |
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Idem | (3) |
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Service of amended pleading |
(4) |
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Amendment at trial | (5) |
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Service or delivery of amended document |
(6) |
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Time for appearance to amended writor petition |
(7) |
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Amendments consequent upon amendment |
(8) |
|
Failure to deliver amended statementof defence |
(9) |
| Rule 25
— Default of Pleading
|
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Default in filing and delivering a statement ofclaim |
(1) |
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Default in filing and delivering a statement of defence |
(2) |
|
Filings required | (3) |
|
Claim for debt or liquidated demand |
(4) |
|
Idem | (5) |
|
Claim for unliquidated damages |
(6) |
|
Claim for detention of goods |
(7) |
|
Multiple claims | (8) |
|
Application to judge or master |
(9) |
|
No defence to part of claim |
(10) |
|
No execution on default judgment where there is a counterclaim |
(11) |
|
Judgment in other claims |
(12) |
|
Default by one of several defendants |
(13) |
|
Method of assessment |
(14) |
|
Court may set aside or vary default judgment |
(15) |
|
Alternative methods of assessment |
(16) |
| Rule 26
— Discovery and Inspection of Documents
|
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Delivery of and answer to demand for discovery ofdocuments |
(1) |
|
Court may order delivery of listof documents |
(1.1) |
|
Court may excuse performance |
(1.2) |
|
Documents to be enumerated |
(1.3) |
|
Claim for privilege | (2) |
|
Nature of privileged documents to be described |
(2.1) |
|
Affidavit verifying list of documents |
(3) |
|
Application for specific documents |
(4) |
|
Idem | (5) |
|
Cross-examination on affidavit |
(6) |
|
Inspection of documents |
(7) |
|
Production of document referred to in pleadings |
(8) |
|
Copies of documents | (9) |
|
Order to produce document |
(10) |
|
Idem | (11) |
|
Inspection of document by court |
(12) |
|
Supplementary list of documents |
(13) |
|
Party may not use document |
(14) |
|
Determination of issue before discovery |
(15) |
| Rule 27
— Examination for Discovery
|
|
|
Leave of the court notrequired |
(1) |
|
Oral examination on oath |
(2) |
|
Examination of party adverse in interest |
(3) |
|
Examination of director, etc. |
(4) |
|
Examination of employees, agents, etc. |
(5) |
|
Corporation to name person for examination |
(6) |
|
Examination of partners |
(7) |
|
Examination of party for whose benefitaction brought |
(8) |
|
Examination of assignor |
(9) |
|
Examination of guardian and infants |
(10) |
|
Examination of mentally incompetent person |
(11) |
|
Examination of bankrupt |
(12) |
|
Time | (13) |
|
Place | (14) |
|
Examination before reporter |
(15) |
|
Appointment | (16) |
|
Delivery of notice | (17) |
|
[Repealed] | (18) |
|
Idem | (19) |
|
Production of documents |
(20) |
|
Examination and re-examination |
(21) |
|
Scope of examination |
(22) |
|
Idem | (23) |
|
Objections | (24) |
|
How recorded | (25) |
|
Application to persons outside British Columbia |
(26) |
| Rule 28
— Pre-trial Examination of Witness
|
|
|
Order for |
(1) |
|
Expert | (2) |
|
Affidavit in support of application |
(3) |
|
Notice of application |
(4) |
|
Subpoena | (5) |
|
Notice of examination |
(6) |
|
Mode of examination | (7) |
|
Application of examination fordiscovery rules |
(8) |
Rule 29
— Discovery by Interrogatories
|
|
|
Service of and answer tointerrogatories |
(1) |
|
Where a party is a body of persons |
(2) |
|
Time for service | (3) |
|
Where more than one person to answer interrogatories |
(4) |
|
Objection to answer interrogatory |
(5) |
|
Insufficient answer to interrogatory |
(6) |
|
Application to strike out interrogatory |
(7) |
|
Delivery of interrogatories to solicitor |
(8) |
|
Idem | (9) |
|
Continuing obligation to answer |
(10) |
| Rule 30
— Physical Examination and Inspection
|
|
|
Order for medicalexamination |
(1) |
|
Subsequent examinations |
(2) |
|
Questions by examiner |
(3) |
|
Order for inspection and preservationof property |
(4) |
|
Entry upon land or buildings |
(5) |
|
Application to persons outside British Columbia |
(6) |
| Rule 31
— Admissions
|
|
|
Notice to admit |
(1) |
|
Effect of notice to admit |
(2) |
|
Copy of document to be attached |
(3) |
|
Unreasonable refusal to admit |
(4) |
|
Withdrawal of admission |
(5) |
|
Application for order on admissions |
(6) |
|
[Repealed] | (7) to (9) |
| Rule 32
— Inquiries, Assessments and Accounts
|
|
|
Direction for inquiries, assessments oraccounts |
(1) |
|
Certificate as to result |
(2) |
|
Report and recommendation |
(3) |
|
Application to vary or confirm recommendation |
(4) |
|
Time and place of hearing |
(5) |
|
Appointment | (6) |
|
Witnesses | (7) |
|
Certificate or recommendation to befiled and served |
(8) |
|
Party may file certificate |
(8.1) |
|
Opinion of the court | (9) |
|
Accounts of executor, trustee, etc. |
(10) |
|
Special directions | (11) |
|
Varying directions | (12) |
|
Form of account | (13) |
|
Particulars of errors in account |
(14) |
|
[Repealed] | (15) |
|
Notice of order | (16) |
|
Dispensing with service |
(17) |
|
Person may apply to vary or rescind |
(18) |
|
Person may enter appearance |
(19) |
| Rule 32A
— Court Appointed Experts
|
|
|
Appointment by court |
(1) |
|
Idem | (2) |
|
Directions to expert |
(3) |
|
Contents of order appointing expert |
(4) |
|
Remuneration of expert |
(5) |
|
Security for remuneration |
(6) |
|
Report | (7) |
|
Report filed as evidence |
(8) |
|
Further reports | (9) |
|
Cross-examination of expert |
(10) |
| Rule 33
— Special Case
|
|
|
Statement of special case |
(1) |
|
Court may order special case |
(2) |
|
Form of special case | (3) |
|
Hearing of special case |
(4) |
|
Order after hearing of special case |
(5) |
| Rule 34
— Proceedings on a Point of Law
|
|
|
Point of law may be set down forhearing |
(1) |
|
Court may dispose of whole action |
(2) |
| Rule 35
— Pre-trial Conference
|
|
|
Request for pre-trialconference |
(1) |
|
Order for pre-trial conference |
(2) |
|
Agenda of pre-trial conference |
(3) |
|
Interlocutory application at a pre-trial conference |
(3.1) |
|
Order following pre-trial conference |
(4) |
|
Idem | (5) |
|
Idem | (6) |
|
Pre-trial judge may preside |
(7) |
|
When judge shall not preside |
(8) |
| Rule 36
— Discontinuance and Withdrawal
|
|
|
Discontinuance by plaintiff |
(1) |
|
Idem | (2) |
|
Withdrawal by defendant |
(3) |
|
Costs and default procedure on discontinuanceor withdrawal |
(4) |
|
Idem | (5) |
|
Idem | (6) |
|
Idem | (7) |
|
Discontinuance not a defence |
(8) |
|
Application to counterclaim, etc. |
(9) |
| Rule 37
— Offer to Settle
|
|
|
Definitions |
(1) |
|
Where available | (2) |
|
Money settlement | (3) |
|
Where not available | (4) |
|
Idem | (5) |
|
Time for making offer |
(6) |
|
Idem | (7) |
|
Withdrawal of offer | (8) |
|
Expiry of offer | (9) |
|
Counter offer | (10) |
|
No disclosure to court |
(11) |
|
Offer not admission | (12) |
|
Acceptance of offer | (13) |
|
Idem | (14) |
|
Acceptance must be unconditional |
(15) |
|
Stay of proceedings | (16) |
|
Payment into court as condition ofoffer or acceptance |
(17) |
|
Idem | (18) |
|
Payment out of court |
(19) |
|
Failure to comply with conditions |
(20) |
|
Order on acceptance | (21) |
|
Costs on acceptance | (22) |
|
Costs on acceptance of offer in family law proceeding |
(22.1) |
|
Consequences of failure to accept plaintiff'soffer
to settle a monetary claim |
(23) |
|
Consequences of failure to accept defendant's offer
for monetary
relief |
(24) |
|
Consequences of failure to accept plaintiff'soffer
or non-monetary relief |
(25) |
|
Consequences of failure to accept defendant's offer
for non-monetary
relief |
(26) |
|
Consequences of failure to accept offer in family law proceeding |
26.1 |
|
Exception | (27) |
|
Interpretation | (28) |
|
Burden of proof | (29) |
|
Multiple plaintiffs | (30) |
|
Multiple defendants | (31) |
|
Counter claims and third party claims |
(32) |
|
Parties under disability |
(33) |
|
Family Compensation Act claim | (34) |
|
Defamation actions | (35) |
|
Idem | (36) |
|
Costs in cases within small claims jurisdiction |
(37) |
|
Idem | (38) |
|
Transitional | (39) |
| Rule 37A — Offers of Settlement |
|
Offer of settlement may be delivered |
(1) |
|
Offer of settlement may be taken into account in relation to costs |
(2) |
|
Application of Rule 37 (10) to (12) |
(3) |
Rule 38
— Depositions
|
|
|
Examination of person |
(1) |
|
Grounds for order | (2) |
|
Subpoena | (3) |
|
Place of examination | (4) |
|
Application of rule outside British Columbia |
(5) |
|
Where person willing to testify |
(6) |
|
Where person not willing to testify |
(7) |
|
Letter of request | (8) |
|
Filing of undertaking |
(9) |
|
Notice of examination |
(10) |
|
Mode of examination | (11) |
|
Objection to question |
(12) |
|
Recording of deposition evidence |
(13) |
|
Perpetuating testimony |
(14) |
| Rule 39
— Trial
|
|
|
Application |
(1) |
|
When notice of trial may be given |
(2) |
|
Obtaining trial date | (3) |
|
Idem | (4) |
|
Registry |
(5) |
| |
If trial is to be held in a different registry |
(5.1) |
| |
Stamped application for a trial to be filed |
(5.2) |
|
Delivery of notice of trial |
(6) |
|
Place of trial | (7) |
|
Time of trial | (8) |
|
Court may adjourn trial date, etc. |
(9) |
|
Duty to inform registry |
(10) |
|
Trial record for the court |
(11) |
|
Powers of registrar respecting trial records |
(11.1) |
|
Trial record documents to be marked |
(11.2) |
|
Filing and delivery of trial record |
(12) |
|
Amended trial record |
(13) |
|
Direction as to trial record |
(14) |
|
[Repealed] | (15) to (18) |
|
Trial certificate | (19) |
|
What certificate must contain |
(20) |
|
Service | (21) |
|
Failure to file | (22) |
|
Idem | (23) |
|
Trial without jury generally |
(24) |
|
Trial without jury in certain proceedings |
(25) |
|
Notice requiring jury trial |
(26) |
|
Jury notice not to prevent transfer of proceeding |
(26.1) |
|
Court may refuse jury trial |
(27) |
|
Trial with assessor | (28) |
|
Trial of one question before others |
(29) |
|
Trial by different modes of trial |
(30) |
|
Calculation of amount by officer ofthe court |
(31) |
|
Failure of all parties to appear at trial |
(32) |
|
Failure of one party to appear at trial |
(33) |
|
Court may set aside judgment |
(34) |
|
[Repealed] | (35) |
|
Commencement - subrules (19) to (23) | (36) |
| Rule 40
— Evidence and Procedure at Trial
|
|
|
Application |
(1) |
|
Witness to testify orally |
(2) |
|
Court may vary order | (3) |
|
Use of transcript of other proceedings |
(4) |
|
Transcript for the court |
(5) |
|
Use of recording device by counsel |
(6) |
|
Failure to prove a material fact |
(7) |
|
No evidence motion | (8) |
|
Idem | (9) |
|
Insufficient evidence motion |
(10) |
|
Idem | (11) |
|
Notice to produce | (12) |
| |
Numbering exhibit pages |
(12.1) |
|
Opportunity to inspect exhibit |
(13) |
|
Registry to take charge of exhibits |
(14) |
|
Return of exhibits | (15) |
|
Disposal of exhibits after final disposition |
(16) |
|
Notice respecting disposal of exhibits before final disposition |
(16.1) |
|
Disposal of exhibits before final disposition |
(16.2) |
|
If exhibit disposed of |
(16.3) |
|
If exhibit destroyed |
(16.4) |
|
Adverse party as witness |
(17) |
|
Notice to call adverse party as witness |
(17.1) |
|
Exceptions | (17.2) |
|
Application to set notice aside |
(17.3) |
|
Court may make order |
(17.4) |
|
"Adverse party" defined |
(18) |
|
Refusal to comply with notice |
(19) |
|
Adverse party as witness may be cross-examined |
(20) |
|
Examination of witnesses |
(21) |
|
Any party may contradict testimony |
(22) |
|
Use of deposition evidence |
(23) |
|
Use of videotape, etc. |
(24) |
|
Proof of deposition evidence |
(25) |
|
Deposition to be given in full |
(26) |
|
Use of discovery evidence |
(27) |
|
Discovery evidence of person under disability |
(28) |
|
Transcripts of discovery evidence |
(29) |
|
Use of pre-trial examination of a witness |
(30) |
|
Objection to transcript evidence at trial |
(31) |
|
Custody of transcripts |
(32) |
|
Use of interrogatories at trial |
(33) |
|
Form of subpoena | (34) |
|
Party may prepare and serve subpoena |
(35) |
|
Subpoena not to be filed or sealed |
(36) |
|
Service of subpoena | (37) |
|
Fees to accompany subpoena |
(38) |
|
Production of documents and physical objects |
(39) |
|
Order for attendance of witness in custody |
(40) |
|
Failure of witness to attend, etc. |
(41) |
|
Order setting aside subpoena |
(42) |
|
Clerk to note time of trial |
(43) |
|
Affidavit evidence | (44) |
|
Copy of affidavit must be furnished |
(45) |
|
Cross-examination | (45.1) |
|
Court may extend or abridge time to require witness attendance |
(45.2) |
|
Contents | (46) |
|
[Repealed] | (47) and (48) |
|
Idem | (49) |
|
Costs where attendance unnecessary |
(50) |
|
[Repealed] | (51) |
|
Evidence of particular facts |
(52) |
|
Order of speeches | (53) |
|
Court may make order respecting submissions |
(54) |
| Rule 40A
— Evidence of Experts
|
|
|
Application |
(1) |
|
Admissibility of written statements of expert opinion |
(2) |
|
Admissibility of oral testimony ofexpert opinion |
(3) |
|
Idem | (4) |
|
Form of statement | (5) |
|
Proof of qualifications |
(6) |
|
Admissibility of evidence |
(7) |
|
Notice of trial date to expert |
(8) |
|
Demand to cross-examine |
(9) |
|
Idem | (10) |
|
Idem | (11) |
|
Costs of cross-examination |
(12) |
|
Notice of objection to expert evidence |
(13) |
|
Idem | (14) |
|
Dispensing with statement |
(15) |
|
Idem | (16) |
|
Time | (17) |
| Rule 41
— Orders
|
|
|
No application for judgmentnecessary |
(1) |
|
Judgment impossible on jury findings |
(2) |
|
Only partial judgment possible on jury findings |
(3) |
|
Jury failing to reach verdict |
(4) |
|
Retrial | (5) |
|
Continuing trial without jury |
(6) |
|
Idem | (7) |
|
Drawing and approving orders |
(8) |
|
Form of order | (9) |
|
Endorsement of order on applicationsufficient in certain cases |
(10) |
|
Order granted conditionally on documentto be filed |
(11) |
|
Waiver of order obtained upon condition |
(12) |
|
Effect and form of orders |
(13) |
|
Date of order | (14) |
|
Requirement of consent order |
(15) |
|
Application by consent |
(16) |
|
Application by consent if party under a disability |
(16.1) |
|
Consent order | (16.2) |
|
Application of which notice is not required |
(16.3) |
|
Referral by registrar |
(16.4) |
|
Disposition of referred applications |
(16.5) |
|
[Repealed] | (17) |
|
Settlement of orders |
(18) |
|
Appointment to settle |
(19) |
|
Party failing to appear on appointmentto settle |
(20) |
|
Review of settlement |
(21) |
|
Registrar may draw order |
(22) |
|
Special directions for carriage, entryor service |
(23) |
|
Correction of orders |
(24) |
|
Order book to be kept by registry |
(25) |
|
Opinions, advice and directions of the court |
(26) |
| Rule 42
— Enforcement of Orders
|
|
|
Order to pay money to aperson |
(1) |
|
Order to pay money into court |
(2) |
|
Order for recovery or delivery of land |
(3) |
|
Order for recovery or delivery of propertyother than land |
(4) |
|
Appointment of receiver |
(5) |
|
Execution by or against person not a party |
(6) |
|
Remedy on non-compliance withmandatory order |
(7) |
|
Issue of execution on conditional order |
(8) |
|
Issue of execution on change of parties |
(9) |
|
Production of order before execution |
(10) |
|
Endorsement of writ | (11) |
|
Issue of writ of sequestration, possessionor delivery |
(12) |
|
Issue of writ of execution where orderto pay money
within a period |
(13) |
|
Issue of writ of execution |
(14) |
|
Term and renewal of writ of execution |
(15) |
|
Enforcement costs | (16) |
|
Separate writs for costs |
(17) |
|
Judgment for recovery of propertyother than land |
(18) |
|
Acknowledgment of payment |
(19) |
|
Order that judgment has been paid |
(20) |
|
Stay of execution | (21) |
|
Application for directions |
(22) |
|
Subpoena to debtor | (23) |
|
Idem | (24) |
|
Service of subpoena | (25) |
|
Examination of debtor |
(26) |
|
Examiner | (27) |
|
Examination | (28) |
|
Adjournment | (29) |
|
Debtor refusing to attend, etc. |
(30) |
|
Creditor failing to attend, etc. |
(31) |
|
Debtor unreasonably refusing to pay |
(32) |
|
Order for payment | (33) |
|
Notice of application for committal |
(34) |
|
Order for committal | (35) |
|
Form of order | (36) |
|
Term of order | (37) |
|
Payment to sheriff | (38) |
|
Debtor to be brought before court |
(39) |
|
Application to set aside or vary order |
(40) |
|
Payment of debt | (41) |
|
Requisition for
discharge |
(42) |
|
Failure to pay sheriff |
(43) |
|
Liability imposed by order |
(44) |
|
Enforcement of alimony or maintenance order |
(45) |
|
Enforcement of certificate |
(46) |
| Rule 42A
— Examination in Aid of Execution
|
|
|
Examination of debtor |
(1) |
|
Examination of corporate, partnershipor firm debtor |
(2) |
|
Limitation | (3) |
|
Examination of person other than debtor |
(4) |
|
Order in certain cases |
(5) |
|
Application of examination for discovery rules |
(6) |
|
Use of examination | (7) |
|
Costs | (8) |
|
Interpretation | (9) |
| Rule 43
— Sales by the Court
|
|
|
Court may order sale |
(1) |
|
Sale in debenture holder's proceeding |
(2) |
|
Conduct of sale | (3) |
|
Directions for sale | (4) |
|
Application for directions |
(5) |
|
Certificate of sale | (6) |
|
Vesting order | (7) |
| Rule 44
— Interlocutory Application
|
|
|
How interlocutory applicationmust be
brought |
(1) |
|
Interlocutory application by consent or if notice not required |
(2) |
|
Notice of motion |
(3) |
|
More than one matter may be included |
(4) |
|
Service or delivery |
(5) |
|
Response | (6) |
|
Time for response |
(7) |
|
Reply by applicant |
(8) |
|
No additional affidavits |
(9) |
|
Place of hearing of application |
(10) |
|
Place of hearing must be stated |
(11) |
|
If more than one place |
(12) |
|
If place of hearing is a place other than that at which the proceeding was
commenced |
(13) |
|
Place of hearing of motion with leave of registrar |
(14) |
|
Notice of motion must be endorsed to reflect grant of leave |
(15) |
|
If place of hearing is a place chosen with leave of the registrar |
(16) |
|
Transfer of file |
(17) |
|
Forwarding of materials if transfer of file impracticable |
(18) |
| Rule 45
— Injunctions
|
|
|
Applications for interlocutoryinjunctions |
(1) |
|
Applications for interlocutory injunctionsbefore
proceeding commenced |
(2) |
|
Applications for interim injunctionswithout notice |
(3) |
|
Injunction by court order |
(4) |
|
[Repealed] | (5) |
|
Undertaking as to damages |
(6) |
|
Application for injunction after judgment |
(7) |
| Rule 46
— Detention, Preservation and Recovery of Property
|
|
|
Property which is the subject matter of aproceeding |
(1) |
|
Fund which is the subject matter of a proceeding |
(2) |
|
Allowance of income from property |
(3) |
|
Recovery of specific property |
(4) |
|
Compensation for wrongful recovery |
(5) |
| Rule 47
— Receivers
|
|
|
Appointment of |
(1) |
|
Form of security | (2) |
|
Remuneration of | (3) |
|
Accounts of | (4) |
| Rule 48
— Interpleader
|
|
|
Entitlement to relief by way ofinterpleader |
(1) |
|
Claim to real or personal propertytaken by sheriff |
(2) |
|
Sheriff to deliver notice |
(3) |
|
Where claim admitted | (4) |
|
Sheriff may apply for interpleader relief |
(5) |
|
Mode of application | (6) |
|
Affidavit | (7) |
|
Application for interpleader relief |
(8) |
|
Powers of court on hearing application |
(9) |
| Rule 49
— Appeals
|
|
|
Application |
(1) |
|
Form | (2) |
|
Directions | (3) |
|
Conduct of appeal | (3.1) |
|
Application for direction |
(3.2) |
|
Service of notice of appeal |
(4) |
|
Powers of court | (5) |
|
Respondent to enter appearance |
(6) |
|
Notice of hearing of appeal |
(7) |
|
Notice of abandonment of appeal |
(8) |
| Rule 50
— Foreclosure and Cancellation
|
|
|
Commencement |
(1) |
|
Service | (2) |
|
Joinder of claim or party |
(3) |
|
Person filing interest after certificate of pending litigation |
(4) |
|
Powers of the court | (5) |
|
Final order | (6) |
|
Order for sale | (7) |
|
Inquiry to settle terms of sale |
(8) |
|
Order confirming sale |
(9) |
|
Notice to assess costs |
(10) |
|
Agreement for sale | (11) |
| Rule 51
— Affidavits
|
|
|
Affidavit to be filed |
(1) |
|
Form and content of affidavit |
(2) |
|
Identifying affidavits |
(2.1) |
|
Making affidavit | (3) |
|
Reference to oath in affidavit or exhibit |
(4) |
|
Jurat where deponent unable to read |
(5) |
|
Interpretation to deponent who does not understand English |
(6) |
|
Exhibit to be marked | (7) |
|
Copies of documentary exhibits |
(8) |
|
Numbering exhibit pages |
(8.1) |
|
Alterations to be initialled |
(9) |
|
Contents of affidavit |
(10) |
|
Use of defective affidavit |
(11) |
|
Affidavit made before proceeding commenced |
(12) |
|
Affidavitof patient under the Patients Property Act |
(13) |
| Rule 51A
— Setting Down Applications for Hearing
|
|
|
Application of this rule |
(1) |
|
|
Definitions |
(2) |
|
|
Setting application forhearing |
(3) |
|
|
When notice of hearing mustbe filed |
(4) |
|
|
Date and time of hearing |
(5) |
|
|
Date and time if hearingtime more than 2 hours |
(6) |
|
|
Notice of hearing to bedelivered to respondents |
(7) |
|
|
Time for delivery of noticeof hearing |
(8) |
|
|
Documents to be filed withthe notice of hearing if application is without notice |
(9) |
|
|
Documents to be filed withthe notice of hearing if application is by consent,
unopposed or estimated to take not more than 30 minutes |
(10) |
|
|
Documents to be filed byrespondent if application is opposed |
(11) |
|
|
Procedure if theapplication is estimated to take more than 30 minutes |
(12) |
|
|
If respondent'sapplication is to be heard at the hearing |
(13) |
|
|
Chambers record to bereturned |
(14) |
|
|
Chambers record to berefiled |
(15) |
|
|
Filing amended chambersrecord |
(16) |
|
|
Court file need not bebrought to chambers |
(17) |
|
|
Respondent may apply fordirections |
(18) |
| Rule 52
— Chambers
|
|
|
Applications to be heard inchambers |
(1) |
|
Particular applications to be heard in chambers |
(2) |
|
Definition of "application" |
(3) |
|
Failure of party to attend |
(4) |
|
Reconsideration of proceeding |
(5) |
|
Adjourned hearing of application |
(6) |
|
Chambers list | (7) |
|
Evidence on an application |
(8) |
|
Hearing of application in public |
(9) |
|
Adjournment of application returnableon a holiday |
(10) |
|
Power of the court | (11) |
|
Powersof court if notice not given |
(12) |
|
Orders without notice |
(12.1) |
|
Service of orders required |
(12.2) |
|
Setting aside orders made without notice |
(12.3) |
|
Adjournment | (13) |
|
Notes of proceedings |
(14) |
| Rule 53
— Masters, Registrars and Special Referees
|
|
|
Powers of a master |
(1) |
|
Master as registrar | (2) |
|
Powers of a master in estates |
(3) |
|
Powers of registrar | (4) |
|
Reference by master to judge |
(5) |
|
Reference by registrar to judge or master |
(5.1) |
|
Appeal from master, registrar orspecial referee |
(6) |
|
Idem | (7) |
|
Notice | (8) |
|
Appeal not to act as stay |
(9) |
| Rule 54
— Foreign Judgments
|
|
|
Definitions |
(1) |
|
Application under Court OrderEnforcement Act |
(2) |
|
Affidavit in support | (3) |
|
Applications for reciprocal enforcementof judgment |
(4) |
|
Form of order to register |
(5) |
|
Notice of registration |
(6) |
|
Setting aside registration of judgmentunder convention |
(7) |
|
Stay of enforcement | (8) |
|
Stay of proceeding in action onforeign judgment |
(9) |
| Rule 55
— Admiralty Jurisdiction
|
|
|
Actions to which ruleapplies |
(1) |
|
Idem | (2) |
|
Writ of summons —actions in rem |
(3) |
|
Writ of summons — when commencedwith action in personam |
(4) |
|
Special service rules for writs issuedunder subrule (3) or (4) |
(5) |
|
Appearance may be filed in name of ship |
(6) |
|
Default judgment | (7) |
|
Statement of defence | (8) |
|
Arrest— "Affidavit to Lead Warrant" |
(9) |
|
Issue of warrant | (10) |
|
Form of warrant | (11) |
|
[Repealed] | (12) |
|
Service of warrant | (13) |
|
Proof of service | (14) |
|
When arrest takes effect |
(15) |
|
Property not to be moved |
(16) |
|
Idem | (17) |
|
Possession of property arrested |
(18) |
|
Security | (19) |
|
Filing of caveat | (20) |
|
Withdrawal of caveat |
(21) |
|
Damages for wrongful filing of caveat |
(22) |
|
Application for damages |
(23) |
|
Summary determination of damages |
(24) |
|
Release of property arrested |
(25) |
|
Bailbond or guarantee |
(26) |
|
Amount of bail | (27) |
|
Service of the application |
(28) |
|
Idem | (29) |
|
Release | (30) |
|
Idem | (31) |
|
Application of subrules (33) to (37) |
(32) |
|
Pleadings and particulars |
(33) |
|
"The preliminary act" |
(34) |
|
Form of preliminary act |
(35) |
|
Preliminary act not to be opened |
(36) |
|
Preliminary act to form part of pleading |
(37) |
| Rule 56
— Contempt of Court
|
|
|
Power of court to punish |
(1) |
|
Corporation in contempt |
(2) |
|
Security for good behaviour |
(3) |
|
Certain acts as contempt |
(4) |
|
Apprehension of person |
(5) |
|
Idem | (6) |
|
Release of apprehended person |
(6.1) |
|
Order for release | (6.2) |
|
Proceeding for contempt |
(7) |
|
Idem | (8) |
|
Hearing | (9) |
|
Service of order not necessary |
(10) |
|
Suspension of punishment |
(11) |
|
Discharge of person | (12) |
|
Weekly review of person in custody |
(13) |
| Rule 57
— Costs
|
|
|
How costs assessed generally |
(1) |
|
Costs to be reasonable |
(2) |
|
Special costs | (3) |
|
Expenses and disbursements |
(4) |
|
Estate Administration Act |
(5) |
|
Assessment officer | (6) |
|
Assessment before registrar |
(7) |
|
[Repealed] | (8) |
|
Tax in respect of legal services and disbursements |
(8.1) |
|
[Repealed] | (8.2) |
|
Costs to follow event |
(9) |
|
Costs in cases within small claims jurisdiction |
(10) |
|
Costs where party represented by an employee |
(11) |
|
Costs of motions | (12) |
|
When costs payable |
(12.1) |
|
Lump sum costs | (13) |
|
Lump sum costs of interlocutory application |
(13.1) |
|
Costs arising from improper act or omission |
(14) |
|
Costs of part of proceeding |
(15) |
|
Costs payable from estate or property |
(16) |
|
Set-off of costs | (17) |
|
Costs of one defendant payable by another |
(18) |
|
Unnecessary expense after judgment |
(19) |
|
[Repealed] | (20) to (27) |
|
Form of bill of costs |
(28) |
|
Appointment to review a bill, examine anagreement or assess costs |
(29) |
|
Place for review or examination |
(29.01) |
|
Further particulars |
(29.02) |
|
Assessment of sheriff's fees |
(29.1) |
|
Service of appointment |
(30) |
|
Costs on default judgment |
(30.1) |
|
Notice to person affected |
(31) |
|
Certificate of costs |
(32) |
|
Certificate of fees |
(32.1) |
|
Review of an assessment |
(33) |
|
Form of bill in certain cases |
(34) |
|
Description of services |
(35) |
|
Evidence of solicitor |
(36) |
|
Disallowance of solicitor client costs |
(37) |
|
Costs may be ordered without assessment |
(38) |
|
Notice | (39) |
|
Idem | (40) |
|
Limitation | (41) |
|
[Repealed] | (42) |
|
Refusal or neglect to procure assessment |
(43) |
|
Referrals | (44) |
|
Commencement | (45) |
|
Idem | (46) |
| Rule 58
— Money in Court
|
|
|
Interpretation |
(1) |
|
Deposit of funds | (2) |
|
Deposit of securities |
(3) |
|
Idem | (4) |
|
Payment out of court | (5) |
|
Interest | (6) |
|
Idem | (7) |
|
Calculation of interest |
(8) |
|
Account | (9) |
|
Investments | (10) |
|
Direction for payment out |
(11) |
|
Deposit of other money paid into court |
(12) |
|
Idem | (13) |
|
Money for person under disability |
(14) |
|
Payment out of money or security |
(14.1) |
|
Payment in for infant |
(15) |
|
Payment out of money held for infant |
(16) |
Rule 59
— Sittings and Hearings
|
|
|
Under direction of ChiefJustice |
(1) |
|
Urgency | (2) |
|
Urgency or convenience |
(3) |
|
Video conferencing | (4) |
| Rule 60
— Divorce and Family Law
|
|
|
Definition |
(1) |
|
Application | (2) |
|
Commencement of Proceeding |
|
Commencement by writ of summons |
(3) |
|
Claim for corollary relief after divorce granted |
(4) |
|
Commencement by originating application |
(5) |
|
Application may be brought in same proceeding |
(6) |
|
Application to vary by motion |
(7) |
|
Procedural step after long delay |
(8) |
|
Pleadings |
|
Form of pleadings | (9) |
|
Person allegedly involved in adultery |
(10) |
|
Joint action for divorce |
(11) |
|
Form of joint action |
(12) |
|
Withdrawal from joint action |
(13) |
|
Withdrawal of pleading |
(14) |
|
Marriage Certificate |
|
Certificate to be filed |
(15) |
|
Joinder |
|
Joinder of claims and parties |
(16) |
|
Minors |
|
Party who is a minor |
(17) |
|
Appointment of litigation guardian |
(18) |
|
Service |
|
Service | (19) |
|
Affidavit of service |
(20) |
|
Security for Costs |
|
Security for costs | (21) |
|
Proceedings in Default |
|
Proceedings in default |
(22) |
|
Evidence in undefended divorce proceeding |
(23) |
|
Application for judgment in undefendeddivorce proceeding |
(24) |
|
Application by requisition | (25) |
|
Powers of court on application |
(26) |
|
Certificate of Pleadings |
|
Certificate of pleadings |
(27) |
|
Judgments and Orders |
|
Pending prior proceedings |
(28) |
|
Claim for divorce joined with other claims |
(29) |
|
Form of divorce order |
(30) |
|
Form of certificate of divorce |
(31) |
|
Delivery of divorce order |
(32) |
|
Restraining order | (33) |
|
Appeals |
|
No stay on appeal | (34) |
|
Provisional and Extra-provincial Orders |
|
Provisional orders made in British Columbia |
(35) |
|
Provisional orders made in another province |
(36) |
|
Duty of registrar | (37) |
|
Registration of orders |
(38) |
|
Exchange of orders between provinces |
(39) |
|
Enforcement in Provincial Court |
(40) |
|
Searches |
|
Search of files | (41) |
| |
Electronic court docket information available |
(41.1) |
| |
Access to information |
(41.2) |
| |
Limitation |
(41.3) |
|
Search of exhibits | (42) |
|
Search of agreements |
(43) |
|
Agreements |
|
Filing of agreements under FamilyRelations Act |
(44) |
|
Summons to Debtor |
|
Summons under the Family MaintenanceEnforcement Act |
(45) |
|
Committal Summons under the
Family Maintenance Enforcement Act |
(46) |
| Rule 60A
— [Repealed]
|
| Rule 60B — [Repealed] |
|
Rule 60C — Family Law Rules — Interlocutory Applications
at Designated Registries
|
|
|
Application of rule |
(1) |
|
Form of application | (2) |
|
Interlocutory applications |
(3) |
|
[Repealed] | (4) |
|
Transfers to other registries |
(5) |
|
No costs or fees payable |
(6) |
|
Appeal to Supreme Court |
(7) |
|
Notice of appeal | (8) |
|
Service | (9) |
|
Transcripts required |
(10) |
|
Place of hearing appeal |
(11) |
|
Nature of appeal | (12) |
|
Application of Rule 49 |
(13) |
| Rule 60D
— Family Law Proceeding — Disclosure
|
|
|
Interpretation |
(1) |
|
Application of this rule |
(2) |
|
Numbering applicable income documents |
(2.1) |
|
Applications for Child Support |
|
Who must provide Part 1 of a Form 89financial statement |
(3) |
|
Who must provide Parts 2 and 3 of a Form 89 financial statement |
(4) |
|
If special or extraordinary expenses are claimed |
(5) |
|
If undue hardship is claimed |
(6) |
|
When party must serve documents |
(7) |
|
Agreement instead of documents |
(8) |
|
Applications for Spousal or Parental Support |
|
Who must provide income documents |
(9) |
|
When party must serve documents |
(10) |
|
Applications for Division of Assets |
|
Who must provide Part 3 of a Form 89financial statement |
(11) |
|
When parties must serve documents |
(12) |
|
Form 89 Financial Statement |
|
Assessment notice to be included |
(13) |
|
When documents must be filed |
(14) |
|
Notice to File a Form 89 Financial Statement |
|
Service of notice to file financial statement |
(15) |
|
Endorsement of notice |
(16) |
|
Particulars of Form 89 Financial Statements |
|
Particulars may be demanded |
(17) |
|
Court may order particulars |
(18) |
|
Cross-examination on Form 89financial statements |
(19) |
|
Changes in Financial Circumstances |
|
Information must be kept current |
(20) |
|
Additional documents |
(21) |
|
If written statement or particulars provided |
(22) |
|
Updated statements | (23) |
|
Disclosure of Business Interests |
|
Production of documents |
(24) |
|
Responding to demand |
(25) |
|
Request to corporation, partnership or proprietorship |
(26) |
|
Production required | (27) |
|
Application to court for directions |
(28) |
|
Application to court for exemption |
(29) |
|
Application by person authorized |
(30) |
|
Court may order exemption |
(31) |
|
Costs | (32) |
|
When costs are payable |
(33) |
|
Enforcement of this Rule |
|
Relief | (34) |
|
Confidentiality of Information |
|
Confidentiality | (35) |
|
Sealing of financial information |
(36) |
|
Conflict with Guidelines |
|
Child support guidelines prevail |
(37) |
|
No conflict | (38) |
| Rule 60E — Family Law Judicial Case Conference Pilot Project |
|
Judicial case conference required |
(1) |
|
Exceptions | (2) |
|
Court may grant relief |
(3) |
|
Application to be pursued summarily |
(4) |
|
Judicial case conference may be requested |
(5) |
|
Time for delivery of notice |
(6) |
|
Judicial case conference may be directed |
(7) |
|
Judicial case conference must be conducted by judge or master |
(8) |
|
Attendance | (9) |
|
Non-attendance at judicial case conference |
(10) |
|
Matters for consideration |
(11) |
|
Orders at judicial case conference | (12) |
|
Judge or master may be seized of further applications |
(13) |
|
Other judges or masters may hear applications |
(14) |
|
Costs | (15) |
|
Repeal | (16) |
Rule 61
— Administration of Estates (Non-contentious)
|
|
|
Interpretation andapplication |
(1) |
|
Application for probate or letters of administration |
(2) |
|
Idem | (3) |
|
Proof of death | (4) |
|
Approval by registrar | (5) |
|
Hearing of application |
(6) |
|
Proof of execution where no attestation clause |
(7) |
|
Affidavit of witness | (8) |
|
Proof where no affidavit of witness |
(9) |
|
Proof of date of execution |
(10) |
|
Proof in solemn form | (11) |
|
Idem | (12) |
|
Idem | (13) |
|
Interlineations and alterations |
(14) |
|
Erasures and obliterations |
(15) |
|
Affidavit explaining | (16) |
|
Document referred to in a will |
(17) |
|
Idem | (18) |
|
Appearance of the paper |
(19) |
|
Notice to next of kin |
(20) |
|
Limited administrations |
(21) |
|
Idem | (22) |
|
Grants to an attorney |
(23) |
|
Grants of administration to guardians |
(24) |
|
Administration bonds | (25) |
|
Affidavit of surety | (26) |
|
Idem | (27) |
|
Time of issuing grant |
(28) |
|
Delay in application | (29) |
|
Identity of parties | (30) |
|
Proof of search for will |
(31) |
|
Idem | (32) |
|
Renunciations | (33) |
|
Caveats | (34) |
|
Idem | (35) |
|
Contents of caveat | (36) |
|
Time caveat in force | (37) |
|
No grant while caveat in force |
(38) |
|
Notice to caveator | (39) |
|
Contents of notice | (40) |
|
Appearance to notice | (41) |
|
Effect of failure to appear to notice |
(42) |
|
Citation to accept executorship |
(43) |
|
Form of citation and answer |
(44) |
|
Citation to propound an alleged will |
(45) |
|
Citation to bring in a will |
(46) |
|
Filing and service of citations and answers |
(47) |
|
Foreign grants | (48) |
|
Foreign wills | (49) |
|
Application to reseal grant |
(50) |
|
Idem | (51) |
|
Affidavit on resealing |
(52) |
|
Domicile of deceased on resealing |
(53) |
|
Application of other rules on resealing |
(54) |
|
Grant to be resealed | (55) |
|
Notice of resealing | (56) |
|
Idem | (57) |
|
Remuneration and passing of accounts |
(58) |
|
Idem | (59) |
Rule 62
— Administration of Estates (Contentious)
|
|
|
Interpretation |
(1) |
|
Dispute as to the validity of a testamentary paper |
(2) |
|
Commencement of action |
(3) |
|
Parties | (4) |
|
Action for revocation of grant |
(5) |
|
Failure to lodge grant on action for revocation |
(6) |
|
Failure to enter appearance |
(7) |
|
Counterclaim | (8) |
|
Failure to serve statement of claim |
(9) |
|
Defence limited to proof in solemn form |
(10) |
|
Certain rules not to apply |
(11) |
|
Order for discontinuance or dismissal |
(12) |
|
Compromise | (13) |
Rule 63
— Crown Practice Rules in Civil Matters
|
|
|
Originating application |
(1) |
|
Writs abolished | (2) |
|
Person affected may take part in proceeding |
(3) |
Rule 64
— Miscellaneous
|
|
|
Copy of document filed inregistry |
(1) |
|
[Repealed] | (1.1) |
|
When registry open | (2) |
|
Hours of registrar | (3) |
|
Lunch hours | (4) |
|
Use of seal | (5) |
|
Name of registry | (6) |
|
Signature of registrar |
(7) |
|
Business not to be done out of office hours |
(8) |
|
Request to registry by requisition | (9) |
|
Incapacity of judge before judgment given |
(10) |
|
Idem | (11) |
|
Idem | (12) |
|
Transfers | (13) |
Rule 65
— [Repealed]
|
Rule 66
— Fast Track Litigation
|
|
|
Object |
(1) |
|
[Repealed.] | (2) |
|
Exclusions from Rule 66 |
(3) |
|
This rule prevails in event of conflict |
(4) |
|
Court may dispense with this rule |
(5) |
|
Election to use fast track |
(6) |
|
[Repealed] | (7) |
|
When rule ceases to apply |
(8) |
|
Considerations of court |
(9) |
|
Style of proceeding for fast track proceeding |
(10) |
|
List of documents | (11) |
|
Delivery of list of documents |
(12) |
|
Duration of examinations for discovery |
(13) |
|
Extension of time for examinations for discovery |
(14) |
|
Considerations of court |
(15) |
|
Applicant not obliged to reveal questions |
(16) |
|
Date for completion of examinations for discovery |
(17) |
|
No interrogatories | (18) |
|
Trial without jury | (19) |
|
Trial date within 4 months |
(20) |
|
Chief Justice may alter time to trial |
(21) |
|
Trial agenda | (22) |
|
What trial agenda must contain |
(23) |
|
Trial record | (24) |
|
Confirmation of estimates |
(25) |
|
Parties may be confirmed to time estimates |
(26) |
|
Considerations of the court |
(27) |
|
Trial may be adjourned |
(28) |
|
Costs | (29) |
|
Court may consider settlement offers |
(29.1) |
|
[Repealed] | (30) |
| Rule 67 — Fax Filing Project Rule |
|
Application of Rule 67 |
(1) |
|
Document may be submitted for filing by fax |
(2) |
|
Means of transmission |
(3) |
|
Application of this rule |
(4) |
|
When a document is filed |
(5) |
|
Confirmation of filing |
(6) |
|
Confirmation of filing |
(7) |
|
When faxed record is an original |
(8) |
|
Original of document may be required by court |
(9) |
|
Duration of rule |
(10) |
Appendix A
— Forms
|
|
Appendix B — Party and Party Costs |
|
Appendix C — Fees |
|
|
Fees Payable to the Crown |
Schedule 1 |
|
Fees Payable to the Sheriff |
Schedule 2 |
|
|
Fees Payable to Witnesses
|
Schedule3
|