Instructions:

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 e-mail 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.

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
 
Rule 2 Applications (See also Practice Directives at right)
2.1 (1) Notice of Application Form 1 YJC Form 1
  Notice of Application For Court-Appointed Counsel Form 1A  
  Affidavit for Court-Appointed Counsel Form 2A  
  Legal Aid Waiver Form B  
  Information Re: Court-Appointed Counsel Questions & Answers
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 (See also Practice Directives at right)
3.1 Times for Service
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 (See also Practice Directives at right)
4.1 Hearing and Trial Management Form 4.1  
    Form 4.1A  
    Form 4.1B  
4.2 Judicial Pre-Trial Form 4.2
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
5.2 Forms
5.3 Non-Compliance with the Rules

Court-Appointed Counsel Applications (Rowbotham Applications)

A Rowbotham application is named after the Ontario Court of Appeal decision in R v. Rowbotham, [1988] OJ No 271, 41 CCC (3d) 1 (ONCA). It means you have a constitutional right to have a lawyer if it is necessary for fairness of trial.

MORE ABOUT COURT- APPOINTED COUNSEL APPLICATIONS >>
PRACTICE DIRECTIVE RE: COURT- APPOINTED COUNSEL APPLICATIONS >>

To make a Rowbotham (Court-Appointed Counsel) application to the Court and present all the information in the right way, there are certain forms you will have to complete as part of the Court's process.

FORM 1A - NOTICE OF APPLICATION FOR COURT- APPOINTED COUNSEL >>
FORM 2A - AFFIDAVIT FOR COURT- APPOINTED COUNSEL >>
FORM B - LEGAL AID WAIVER >>

 

 

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.

Other Forms Used
in Provincial Court

CRIMINAL COURT FORMS >>

YOUTH COURT FORMS >>

PROVINCIAL OFFENCE FORMS >>

 

Practice Directives of
the Provincial Court

CHARTER APPLICATIONS (RULE 2) >>

PRE-HEARING CONFERENCES (RULE 4) >>

PUBLICATION BANS (RULE 2) >>

COURT- APPOINTED COUNSEL (RULE 2) >>

WITHDRAWL OF COUNSEL (RULE 3) >>

WITNESS VIDEO APPEARANCE >>

Appearing In Court Via Video Link

A process to increase the use of video appearances (by persons in custody, witnesses, and counsel). where appropriate, is being piloted at the Halifax Provincial Court.
Other Court locations are also being encouraged to initiate similar procedures based on the related Practice Directive (above), Appearance Forms, and Flow Charts (below).

PROCEDURE FOR ACCUSED IN CUSTODY >>

PROCEDURE FOR A WITNESS >>

REQUEST FORM FOR ACCUSED >>

REQUEST FORM FOR COUNSEL >>

REQUEST FORM FOR WITNESS >>

 
E-mail Addresses for Courthouses
(click on line of text to send the e-mail)
Amherst Provincial Court
Antigonish Provincial Court
Bridgewater Provincial Court
Dartmouth Provincial Court
Digby Provincial Court
Halifax Provincial Court
Kentville Provincial Court
New Glasgow/Pictou Provincial Court
Port Hawkesbury Provincial Court
Sydney Provincial Court
Truro Provincial Court
Yarmouth Provincial Court
NOTE:
These e-mail addresses are only to be used for filing Court Forms, not for contacting the Court regarding other matters.
If your e-mail is about another matter, it will not get a reply.