New Rules and Forms
The Provincial Court of Nova Scotia advises that, as of January 1, 2013, the following Provincial Court Rules and Forms (5 Rules and 3 Forms) will govern all applications made before the Provincial Court. Applications will be commenced by completing Form 1. Responses to Applications and Consents to Applications are to be completed as per Forms 2 and 3.
A party who initiates, responds to or consents to an application may do so by completing Form 1, 2 or 3 and by sending it by mail, fax or email to the Provincial Court location where the application is to be heard. A copy must be provided to the opposing party, as per Rule 3.
The Provincial Court Rules will be effective, on an interim and informal basis, for at least one year, prior to being formalized pursuant to the provisions of the Criminal Code.
The Provincial Court extends both its thanks and appreciation to representatives of the Nova Scotia Bar who were consulted and who provided valuable input on the proposed Rules.
| Rule 1 | General | ||
| 1.1 (1) | Fundamental objective | ||
| 1.1 (2) | Duty of Counsel, Agents and Self-Represented Persons | ||
| 1.1 (3) | Duty of Court | ||
| 1.2 | Scope of Rules | ||
| 1.3 | Definitions |
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| Rule 2 | Applications | ||
| 2.1 (1) | Notice of Application |
Form 1 | YJC Form 1 |
| 2.1 (2) | Contents of Notice | ||
| 2.1 (3) | Transcripts or Audio Recordings | Form 1 | YJC Form 1 |
| 2.2 (1) | Response | Form 2 | YJC Form 2 |
| 2.2 (2) | Contents of Response | ||
| 2.3 | Additional Material | ||
| 2.4 | Time for Pre-Trial Applications | ||
| 2.5 | Time for Trial Applications | ||
| 2.6 | Time for Third Party Applications | ||
| 2.7 | Applications on Consent | Form 3 | YJC Form 3 |
| Rule 3 | Service | ||
| 3.1 | Times for Service |
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| 3.1 (3) | Exceptions | ||
| 3.2 | Application for Adjournment or to be Removed from Record | ||
| 3.3 (1) | Methods of Service | ||
| 3.3 (2) | Electronic Filing Technology | ||
| Rule 4 | Case Management | ||
| 4.1 | Hearing and Trial Management |
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| 4.2 | Judicial Pre-Trial | ||
| 4.2 (4) | Judicial Directions | ||
| 4.2 (5) | Record of Pre-Trial Agreements and Admissions | ||
| 4.3 | Focus Hearing | ||
| 4.3 (3) | Materials | ||
| 4.3 (4) | Absence of Agreement | ||
| Rule 5 | Practice Directions, Forms, And Non-compliance | ||
| 5.1 | Practice Directions |
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| 5.2 | Forms | ||
| 5.3 | Non-Compliance with the Rules | ||
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