CIVIL PROCEDURE RULES

CIVIL PROCEDURE RULES - NOVA SCOTIA

Court of Appeal and Supreme Court

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RULE 70

FAMILY PROCEEDINGS

Purposes

70.01. The purposes of this Rule are:

(a) to secure the just, speedy and inexpensive resolution of family law issues;

(b) to provide a less adversarial, more participatory and understandable process to assist the parties to arrive at fair and durable resolutions;

(c) to reduce conflict and tension amongst family members during the process of resolving disputes and to encourage parties to resolve disputes amicably; and

(d) where a child is involved, to assure the best interests of the child procedurally, as well as substantively.

Definitions

70.02. In this Rule,

(a) "applicant" means the party who commences a proceeding and includes a petitioner;

(b) "application" means an originating, interim or interlocutory application, motion or petition made to a judge or court officer;

(d) "court" means the Family Division of the Supreme Court, or a judge or the judges thereof, whether sitting in court or chambers, and where a court officer has power to act, the court officer;

(e) "court officer" means a person designated as a court officer by the administration of the court and assigned duties under the Court Officials Act;

(f) “financial statements” means the statements required to be disclosed pursuant to rule 70.09, including the statement of Guidelines income, the statement of special or extraordinary expenses, the statement of expenses, the statement of undue hardship circumstances, and the statement of property;

(g) "Guidelines" means the Federal Child Support Guidelines or the Provincial Child Maintenance Guidelines or both, as the context requires;

(h) "hearing" means an interim, interlocutory or variation hearing, and does not include a trial as defined by this Rule;

(I) "judge" means a judge of the court;

(j) "petition" means a petition for divorce and includes a counter-petition and an amended petition;

(k) "proceeding" means any application, action, suit, cause or matter, including any interim, interlocutory or variation application and any proceeding commenced by a petition, in the court to which this Rule applies;

(l) "respondent" means the party or parties other than an applicant in a proceeding;

(m) "trial" means the hearing of a petition for divorce, including any corollary relief or the final hearing of any originating application or action in the court;

Application of this rule and other rules

70.03 (1) This Rule applies to proceedings in the Family Division respecting:

(a) the Divorce Act;

(b) the Maintenance and Custody Act;

(d) the Maintenance Enforcement Act;

(e) the Maintenance Orders Enforcement Act;

(f) the Interjurisdictional Support Orders Act;

(g) the Pension Benefits Act and the division of pensions under any other federal or

provincial statute;

(h) the Alimony Act;

(I) the Change of Name Act;

(j) the interpretation, enforcement or variation of a marriage contract, cohabitation agreement, separation agreement or paternity agreement;

(k) relief by way of the Partition Act, constructive or resulting trust or a monetary award as compensation for unjust enrichment between persons who have cohabited.

(2) Excepting Rule 70.12A, this Rule does not apply to proceedings in the Family Division respecting:

(a) the Children and Family Services Act;

(b) the Adult Protection Act;

(d) the Testators Family Maintenance Act;

(e) the Intestate Succession Act;

(f) the Guardianship Act;

(g) section 12(1)(d) of the Matrimonial Property Act;

(h) the Presumption of Death Act; and

(I) the Child Abduction Act.

(3) In respect of any matter or proceeding in the Family Division not specifically referred to in sub-rules (1) or (2), it shall be presumed that this rule does apply, unless a judge otherwise orders upon the application of any party, before or after the commencement of the proceeding.

(4) Where any matter of practice or procedure is not governed by statute or by this Rule, the other rules and forms relating to civil proceedings shall apply with any necessary modification.

Place of proceeding

70.04. (1) A proceeding shall be commenced, dealt with and heard in the judicial district in which the applicant or petitioner resides.

(2) A proceeding may be commenced by an applicant or a petitioner who resides outside the judicial district where leave of the court has been granted.

(3) Where a proceeding concerns the custody, access or parenting of a child and the proceeding is contested, a judge in the judicial district where the proceeding has been commenced may, upon the application of a party or on the court's own motion, order that the proceeding be transferred to the office of a court officer or a prothonotary in another judicial district in which the child ordinarily resides.

(4) Where it is substantially more convenient to deal with a proceeding or any step in the proceeding in another judicial district, a judge in the judicial district where the proceeding has been commenced may order that the proceeding, or any step in the proceeding, be transferred to the office of a court officer or a prothonotary in another judicial district.

Intake

70.05. (1) A proceeding is commenced by the filing of a completed application and intake form in Form 70.05A, and Rule 9, excepting Rule 9.08, does not apply.

(2) The party who wishes to commence a proceeding shall be called the applicant and the other party shall be called the respondent, except in a divorce proceeding where they shall be the petitioner and the respondent.

(3) The court officer may dispense with the requirement for an intake meeting, if all relevant intake information has been provided as required in sub-rule (1).

(4) Where an application and intake form is served personally, it shall be served by a person other than the applicant and an affidavit of service in Form 70.05B shall be filed with the court as soon as possible thereafter.

(5) Where an application and intake form, other than one accompanying a divorce petition, has not been served within six months from the date of filing, the application shall be deemed to have been discontinued.

(6) Upon an interlocutory application made without notice within six months from the date of filing of the application, a court officer may extend the time for service of the application.

(7) Upon the application of any party or by a court officer, a judge may make an order for substituted service, where it is impracticable to serve an application and intake form, or any other document required to be served personally.

(8) An application or petition may be discontinued or withdrawn by the applicant or petitioner pursuant to Rule 40.

(9) On the basis of the information provided pursuant to sub-rule (1) or (3), the court officer shall determine the next steps to be taken, which may include:

(a) further intake assessment;

(b) referral to another agency or service;

(c)a meeting with a court officer; or

(d) an appearance before a judge.

Parent Information

70.06. (1) Every applicant and every respondent in a proceeding which involves a child shall be required to attend a parent information program.

(2) Before such a proceeding can be heard before a judge, the party setting the matter down shall attend the parent information program and provide proof of attendance.

(3) A delay of attendance at a parent information program before a hearing or trial may be granted by a court officer or a judge where an immediate hearing before a judge is required, including where:

(a) an interim order without notice is being sought pursuant to sub-rule 70.09;

(b) a kidnapping or abduction of a child is alleged to have occurred or is likely to occur imminently;

(c) a unilateral change in the physical care and custody or principal residence of a child is alleged to have occurred or is likely to occur imminently, or

(d) there is insufficient time before an interim hearing for the party to attend,

and any party granted such a delay shall attend the first available parent information program following the delay being granted.

(4) A court officer or a judge may exempt a party from attendance at a parent information program where:

(a) the parties have entered into a written agreement or consent order settling all issues between them, at or prior to the first conciliation meeting;

(b) the parties only wish to register an agreement with the court;

(d) there are other exceptional circumstances.

(5) Any party other than the party setting the matter down for hearing or trial who has not attended a parent information program and has not been granted a delay or exemption may be subject to costs or having pleadings struck or being refused the right to make submissions on the hearing or trial.

Conciliation

70.07. (1) Where the court officer has determined that conciliation is necessary, the court officer shall arrange for a conciliation meeting and one or both parties shall attend as directed by the court officer.

(2) Prior to the scheduled conciliation meeting, the respondent shall be served, by mail or by personal service, with a notice to appear in Form 70.07A or a notice to disclose in Form 70.07B or both.

(3) Where the court officer considers appropriate, the applicant shall be served with a notice to appear in Form 70.07A or a notice to disclose in Form 70.07B, or both, and the notice or notices may be served by mail.

(4) Where a party has been served by mail with an application and intake form, notice to appear or notice to disclose and appears before a court officer or judge, the party served shall provide a mailing address for future service and any further service by mail to that address shall constitute sufficient service for purposes of a proceeding, or any step in a proceeding, under this rule.

(5) Where the parties appear at the conciliation meeting, the court officer shall seek to identify the issues involved, ensure proper disclosure by the parties concerning those issues, clarify the respective positions of the parties, facilitate negotiations between the parties, assist the parties to reach a resolution, and determine the next steps appropriate in the proceeding.

(6) In the course of conciliation, the court officer may make a record of those facts provided by the parties, including those based upon information and belief, relevant to the resolution of the issues, in the conciliation record in Form 70.07C.

(7) On the basis of the information provided at the first or any subsequent conciliation meeting, the court officer may:

(a) schedule a further conciliation meeting;

(b) adjourn the conciliation;

(d) issue a notice or make an order directing a party or a person identified in sub-rule 70.09(5) to appear and disclose further information;

(e) issue a notice or make an order directing a person other than a party to the proceedings to disclose financial and/or employment information about a party;

(f) prepare a draft consent order as set out in sub-rule 70.07(8);

(g) make an interim order for child support or child maintenance at the table amount under the Guidelines on an originating application claiming child support;

(h) schedule a settlement conference or an organizational pre-trial or pre-hearing conference;

(I) recommend to a judge that a parenting assessment report be prepared;

(j) schedule a hearing before a judge;

(k) schedule a trial before a judge; or

(l) direct any other step that may lead to a resolution of the issues.

(8) Where the parties are able to reach an agreement on the issues involved, after one or more conciliation meetings, the court officer shall prepare a draft consent order in Form 70.07D, which order will be issued as a court order two weeks after the date of the agreement, unless one of the parties notifies the court otherwise in writing within that period.

(9) Where the parties have not reached agreement on all of the issues, the court officer shall prepare a conciliation record in Form 70.07C and provide each party with a copy of the conciliation record not later than four clear days before the hearing or trial and a party may object to any part of the conciliation record within two clear days of receipt.

(10) The conciliation record shall constitute evidence at the hearing, except any parts to which a party has objected, which parts may be considered by the judge after hearing the objection.

(11) Where a party fails to appear or disclose at the conciliation meeting, the court officer may:

(a) make an order to appear and disclose in Form 70.07E;

(b) make an order directing a person other than a party to the proceeding to disclose financial and/or employment information about a party pursuant to sub-rule 70.10;

(c) make an interim order in Form 70.07D for child support or child maintenance at the table amount under the Guidelines for an originating application claiming child support;

(d) order costs against that party;

(e) strike out any application, claim or defence, or any part, or stay or dismiss the proceeding, or have judgment entered against that party.

(12) In making an interim order for child support or child maintenance, the court officer may determine, attribute or impute Guidelines income based upon any information provided by the party seeking support or otherwise available during intake and conciliation, including any hearsay evidence.

(13) A party who has failed to appear or disclose through accident, mistake, insufficient notice or other just cause may, within ten days from the time when the order granted comes to the party's attention and upon notice to any other party, apply by interlocutory application to the court officer to set aside or vary the order and the court officer may do so on such terms as are just.

(14) Where the respondent seeks any form of relief in a proceeding other than a divorce proceeding, the respondent shall file and serve a counter-application by the respondent in Form 70.07F.

(15) Where a hearing or conference or trial or other court appearance is scheduled, the court officer may deliver or mail to the parties a notice to appear in court in Form 70.07G.

Disclosure: parenting statements

70.08. (1) Where an applicant makes a claim respecting custody or access, whether interim or final or a variation, the applicant shall file and serve a parenting statement in Form 70.08A within ten (10) days of the commencement of the proceeding or such shorter or longer period as directed by the court officer.

(2) Where the respondent makes or disputes a claim respecting custody or access, the respondent shall file a parenting statement in Form 70.08A within ten (10) days of service of the applicant's parenting statement or of the notice to appear, or such shorter or longer period as directed by the court officer.

Disclosure: financial statements

70.09. (1) Where the only financial claim by a party is for child support in the table amount under the Guidelines, that party is not required to file or serve a financial statement, but the other party is required to file and serve a statement of Guidelines income in Form 70.09A within the periods set out in sub-rule (4).

(2) Where an applicant claims an amount for expenses pursuant to section 7 of the Guidelines, the applicant shall file and serve a statement of special or extraordinary expenses in Form 70.09B, in addition to a statement of Guidelines income in Form 70.09A, at the time of filing the application or as soon thereafter as practicable.

(3) Where a respondent claims an amount for expenses pursuant to section 7 of the Guidelines, the respondent shall file and serve a statement of special or extraordinary expenses in Form 70.09B, within the time periods set out in sub-rule (4).

(4) Where a party claims child support in an amount other than the table amount or special or extraordinary expenses under the Guidelines, both parties shall file and serve a statement of income in Form 70.09A and a statement of expenses in Form 70.09C within the following periods after service of a notice to disclose, or such shorter or longer periods as may be directed by the court officer:

(a) twenty (20) days if served within Nova Scotia,

(b) forty (40) days if served elsewhere in Canada or in the United States, and

(5) Where there is a claim of undue hardship respecting child support by either spouse or parent, the party claiming undue hardship shall file and serve a statement of undue hardship circumstances in Form 70.09D and the other members of each party's household as defined in Schedule II of the Guidelines shall provide to the court and the other party the relevant income and other information required by Schedule II, including the income information required by section 21 of the Guidelines, except that the income information need only be for the most recent taxation year, and not three years, in order to permit the comparison of household standards of living.

(6) Where a party seeks spousal support or a variation of spousal support or a division of property, both parties shall file and serve a statement of income in Form 70.09A, a statement of expenses in Form 70.09C and a statement of property in Form 70.09E within the following periods after service of a notice to disclose, or such shorter or longer periods as may be directed by the court officer:

(a) twenty (20) days if served within Nova Scotia,

(b) forty (40) days if served elsewhere in Canada or in the United States, and

(7) Where a party seeks or disputes spousal support,

(a) a person who is married to that party, or

(b) the person who has been living with that party as a common-law partner for at least two years or as a domestic partner,

shall, within the time periods set out in sub-rule (6), file and serve a statement of Guidelines income in Form 70.09A, a statement of expenses in Form 70.09C and a statement of property in Form 70.09E.

(8) If the relevant information is not provided by the other members of the household as required by sub-rule (5) or by a person referred to in sub-rule (7), the court officer may exercise the same remedies for disclosure as provided in rules 70.07 and 70.10 in relation to a party.

(9) A person who shares living expenses with a party claiming or disputing spousal support may be ordered by a judge to file and serve a statement of Guidelines income in Form 70.09A, a statement of expenses in Form 70.09C and a statement of property in Form 70.09E within the time period specified in the order.

Disclosure: orders to third parties

70.10. (1) Where a party has failed to make adequate disclosure

(a) after service of a notice to disclose in Form 70.07B,

(b) after service of an order to appear and disclose in Form 70.07E,

(c)as may have been further directed by a court officer or a judge,

a court officer may order a person other than a party to provide information in that person's possession, custody or control respecting the party. The information may relate to the party's income, expenses, assets, liabilities, employment, or residence.

(2) The term "person" in sub-rule 70.10(1) includes a corporation, a public body or Her Majesty.

(3) A court officer may also make an order under sub-rule (1) if the relevant information is not provided as required by Rules 70.09(5), 70.09(7) or 70.09(9)

(4) An order under sub-rule (1) shall be in Form 70.10A.

Mediation

70.11. (1) The parties may be referred to mediation at any time during or before a proceeding by a court officer or by a judge.

(2) Upon the referral of the parties to mediation, the mediator shall meet with the parties with a view to reaching a satisfactory and fair agreement.

(3) The mediator may meet on one or more occasions with the parties, the children and such other persons including lawyers as the mediator sees fit in an attempt to mediate the issues.

(4) Where the parties are able to reach an agreement on some or all of the issues involved, the mediator shall prepare a draft consent order in the appropriate form under this Rule and advise each of the parties to obtain independent legal advice respecting the draft order.

(5) The draft consent order shall be signed by the parties and filed with the court by the mediator, with the order to take effect two weeks after the date of the agreement, unless one of the parties notifies the court otherwise in writing within that period.

(6) Where the parties are unable to reach an agreement on all issues, the mediator shall report back to the court only that the parties did attend at the relevant times and that agreement was not reached on all issues, in Form 70.11A.

(7) Where no agreement is reached, evidence of anything said or of any admission or communication made in the course of mediation is not admissible in any legal proceedings and no mediator is competent or compellable in any legal proceedings to disclose any admission or communication made to that person in his or her capacity as mediator.

Litigation Guardians

70.12A. The court may appoint a person to act as litigation guardian for a person under disability if the person proposed as litigation guardian has filed a consent to act in that capacity and a certificate that he or she has no interest in the proceeding adverse to any interests of the person under disability.

Interim Orders Without Notice

70.12. (1) A party may make an application to a judge for an interim order without notice in Form 70.13A with a supporting affidavit, on the basis that no notice should be given to the other party where:

(a) there is a substantial risk of violence to the applicant from the respondent or another person;

(b) there is a substantial risk of harm to a child from the respondent or another person;

(c) the judge is satisfied that the delay caused by giving notice would or might entail serious mischief, or that notice is not necessary.

(2) Where an application is made for an interim order without notice, the applicant shall inform the court of all material facts known to the applicant, whether or not the facts are adverse, which will enable the judge to make an informed decision and, where applicable, of the efforts made to inform the other parties of the application.

(3) Unless the judge otherwise orders, where an interim order is granted without notice, the applicant shall personally serve upon the respondent as soon as practicable, the order, the application and all other material filed in support of the application.

(4) On two clear days notice or on such shorter notice as the judge may prescribe, a party against whom an interim order is made may apply for the dissolution or modification of the interim order, and the notice period shall be clearly stated in the order.

(5) A judge shall hear and determine an application under sub-rule (4) as expeditiously as is just and reasonably possible.

70.13. (1) For the purpose of this rule, "interim hearing" means a hearing where a party seeks substantive relief, including custody, access, child support or maintenance, spousal support or maintenance and property orders, on an interim basis pending trial.

(2) A party may not proceed to an interim hearing before a judge until all the applicable information has been filed with the court and a court officer has determined that an interim hearing is necessary to resolve the issues.

(3) The party proceeding to an interim hearing shall file and serve an application in Form 70.13A, setting out the relief sought, along with a supporting affidavit and other necessary documentation, upon the other parties not later than seven clear days before the hearing, unless otherwise directed by the court officer.

(4) The party responding on the interim hearing shall file and serve a reply to interim application in Form 70.13B, setting out any relief sought, along with a supporting affidavit and other necessary documentation, upon the other parties not later than two clear days before the hearing, unless otherwise directed by the court officer.

(5) The party proceeding to an interim hearing shall then file and serve any affidavit in reply upon the other parties not later than one (1) clear day before the hearing, unless otherwise directed by the court officer.

(6) Each party shall file a pre-hearing brief at the same time as the documents to be filed pursuant to sub-rules (3) and (4), unless otherwise directed by a court officer.

(f) by any evidence obtained on discovery and admissible under any applicable rule.

(8) Any affidavit or statutory declaration used pursuant to this rule shall not contain material that is argumentative, merely speculative, scandalous, irrelevant, immaterial or otherwise oppressive.

(9) Upon the application of a party or upon its own motion, the court may strike out any material filed by another party that does not comply with Rule 38 or sub-rule (7) and may order costs against that other party or against that other party's solicitor personally.

70.14. (1) For the determination of issues before trial other than substantive interim relief under Rule 70.13, an interlocutory application shall be commenced by a notice in Form 70.14A.

(2) When an interlocutory application (inter partes) is made, the notice and any supporting affidavit shall be filed and served not later than four (4) clear days before the hearing.

(3) An opposing party shall file and serve any affidavit in response not later than two (2) clear days before the hearing.

(4) The applicant party shall file and serve any affidavit in reply not later than one (1) clear day before the hearing.

(5) An affidavit that is not filed and served as provided by sub-rules (1) and (2) may only be used on an interlocutory hearing with the leave of the court, which may be granted on such terms as are just.

(f) by any evidence obtained on discovery and admissible under the applicable rule.

70.15. (1) Where a proceeding has been referred for a hearing or a trial before a judge, a planning conference may be held with a judge other than the hearing or trial judge for the purpose of exploring the issues and preparing for the hearing or trial, either upon the court's own motion or at the request of any party.

(2) On the application of any party or on the judge's own motion, a judge at a conference before a hearing or trial may order any one or more of the following:

(3) An organizational pre-trial or pre-hearing conference may be conducted by a court officer designated by the Associate Chief Justice of the court, which designation may be general or specific to a particular case.

(4) Where a party fails to appear as required at an organizational pre-trial or pre-hearing conference, the judge may proceed to determine the issues and make any of the following orders, in the absence of the party:

(d) an order to strike out any application, claim or defence made by the party in the proceeding, or stay or dismiss the proceeding, or enter judgment;

(e) find the absent party in contempt of court and make an order under Rule 55; or

and, if the conference is being held before a court officer, the court officer may recommend to a judge that any of the above orders be made.

70.16. (1) In family proceedings, any reference to Rule 20 does not include rule 20.01 and neither party is required to serve a list of documents, unless so directed pursuant to rule 20.02.

(2) Where the only issue between the parties is child support in the table amount or special or extraordinary expenses, the parties shall disclose documents as required by Rule 20, but otherwise Rules 18 to 24 shall not apply, except with leave of a judge which shall only be granted if discovery is necessary to the fair and efficient resolution of the issues and:

(3) Where the only issue in dispute between the parties is child support for a child the age of majority or over or child support for a child in shared custody, Rules 19 to 24 shall apply, but oral examination for discovery under Rule 18 shall not be permitted, except with leave of a judge which shall only be granted if oral examination for discovery is necessary to the fair and efficient resolution of the issues.

(4) When any other matters are in issue in the proceeding, Rules 18 to 24 shall apply.

(5) An interim hearing shall not be delayed by any oral examination for discovery pursuant to Rule 18, unless the parties agree or a judge so orders.

(6) A child who is a child of a party and under the age of majority shall not be examined for discovery pursuant to Rule 18, except with leave of a judge and upon such terms as may be directed by a judge.

70.17. (1) When all necessary information has been filed by the parties, conciliation has taken place, and any discovery has been completed:

(a) the court officer shall forthwith consult with the parties and their counsel to schedule the proceeding for trial; or

(b) any party may request a date for trial by filing and serving a Request for Trial Date and Certificate of Readiness in Form 70.17A.

(2) upon receiving a Request for Trial Date and Certificate of Readiness, any other party shall be deemed to have consented to the filing of the Request for Trial Date and Certificate of Readiness unless, within ten (10) days from the filing of the notice, the party files a letter of objection with the court and the other parties and requests a conference with the court officer.

(3) If the court officer determines that the matter is ready for trial, the court officer, in consultation with the parties and their counsel, shall fix the date for trial and deliver to the parties a Notice to Appear in Court in Form 70.07G.

(4) If the court officer determines that the matter is not ready for trial, the court officer shall advise the parties of the outstanding matters and set a schedule for their completion.

(5) Unless the parties otherwise agree or the court otherwise orders, the trial shall not be scheduled to commence sooner than thirty days after the date on which the parties were consulted under sub-rule (1).

(6) After a proceeding is scheduled for trial, no party may initiate or continue any interlocutory proceedings or any form of discovery except discovery of expert witnesses, without leave of a judge.

(7) Leave of a judge pursuant to sub-rule (6) shall be granted only in exceptional circumstances.

(8) The parties or, if the parties are represented, their counsel, shall immediately advise the court in writing if the duration of a trial is affected or a proceeding is settled between the parties.

70.17A(1) Trial procedures and evidence at trials shall be governed by Rules 30 and 31, except as modified by this rule.

(2) Where the court so orders, evidence on direct at trial may be given by way of affidavits, to be filed and served as directed by the court.

(3) Rule 31.08 applies to the evidence of expert witnesses, provided that the times for the filing and service of the report of an expert in Rule 31.08(1)(a) and (b) shall be not later than sixty (60) days before trial for an applicant and not later than thirty (30) days before trial for a respondent.

70.18. (1) A proceeding in which the petitioner claims a divorce under the Divorce Act, alone or along with other relief, shall be commenced by filing a petition for divorce in Form 70.18A.

(2) The party commencing the divorce proceeding shall be called the petitioner and the other party shall be called the respondent.

(3) A person with whom it is alleged adultery has been committed shall not be named in the petition and shall not be served with the petition.

(4) The certificate of marriage shall be attached to the petition where practicable, or filed so soon thereafter as possible and, in any event, prior to the trial.

(5) Where a divorce proceeding has been commenced, a subsequent petition in the same matter shall not be issued unless the previous petition has been discontinued or deemed discontinued.

(6) Where a divorce petition has been filed by a party to a proceeding under the Maintenance and Custody Act or any other family proceeding already pending, the other family proceedings shall be deemed to be consolidated with the divorce proceeding pursuant to Rule 39, unless otherwise ordered by the court.

(7) The petition shall include a notice that, in default of answer, a divorce may be granted and judgment pronounced without further notice to the respondent.

70.19. (1) In addition to amendments pursuant to Rule 15, a petition may be amended without leave at any time to add an allegation of breakdown of marriage pursuant to section 8(2)(a) of the Divorce Act.

(2) The amended petition shall be served upon the respondent at least 20 days prior to the divorce hearing unless the court otherwise orders or the parties consent.

70.20. (1) Unless otherwise ordered by the court, a petition shall be served personally upon the respondent.

(3) The petition, or amended petition, as the case may be, shall be served upon the respondent within sixty days of the filing of the petition, or the making of the amendment.

(4) The time for service of the petition or amended petition may be extended by a court officer, upon an application without notice, made before or after the expiry of the time for service, if made within six months from the date of filing of the petition.

(5) Where service of the petition has not been made in accordance with sub-rule (3) or (4), the petition shall be deemed to have been discontinued on the expiration of 6 months from the date of filing the petition.

(6) Where a minor is a party to a divorce proceeding, service on the minor only shall be considered sufficient service.

(7) A person who serves the petition shall, at the time of service, request the person served to complete and sign the acknowledgement of service and the statement of mailing address endorsed on the petition and the person serving the petition shall sign as witness to the signature of the person served.

(8) Service of the petition shall be proved by the filing of an affidavit of service in Form 70.20A, with a copy of the petition attached as an exhibit and stating:

(e) the request that the person served has been requested to complete the acknowledgement of service and statement of mailing address, and

(9) An order for substituted service of a petition, or for service of a petition outside of Canada or the United States, may be made by a court officer, in accordance with Rule 10.

70.21. (1) A respondent who wishes to be heard on a petition or to seek relief shall file and serve an answer in Form 70.21A within the time prescribed in sub-rule (3).

(2) A respondent who wishes to petition for divorce shall file an answer and counter-petition in Form 70.21B and serve the answer and counter-petition on the petitioner within the time prescribed in sub-rule (3).

(a) where the petition is served within Nova Scotia, within 20 days after service, inclusive of the day of service;

(b) where the petition is served elsewhere within Canada or within one of the states of the United States, within 40 days after service, inclusive of the day of service; and

(c) in all other cases within such time, inclusive of the day of service of the petition, as is provided by the order allowing the service.

70.22. (1) Where both spouses jointly commence a divorce proceeding, they shall be called co-petitioners and the petition need not be served on either of them.

(2) In an uncontested divorce proceeding, the co-petitioners shall file the application and materials required under rule 70.23, with any necessary modifications and signed by both spouses.

70.23. (1) A divorce proceeding is uncontested when the respondent fails to file an answer or when the respondent files a notice of intention to proceed on an uncontested basis in Form 70.23A or where the written separation agreement or minutes of settlement to be incorporated in the corollary relief judgment contain a specific clause stating an intention to proceed on an uncontested basis despite the previous filing of an Answer or Answer and Counter-Petition.

(2) Notwithstanding Rule 70.09, where there are no children of the marriage and the parties have agreed upon corollary relief to be granted with respect to support and division of property, and both parties have filed a Waiver of Financial Statements in Form 70.23B, financial statements are not required unless otherwise ordered.

(3) In an uncontested divorce proceeding, the petitioner shall file an application for judgment in Form 70.23C, sworn by the petitioner, setting forth:

(a) the present address of the respondent where he or she may be served with a copy of the judgment;

(b) confirmation that all the information contained in the petition and any financial or other statements filed continues to remain accurate, with any corrections or subsequent changes noted;

(d) where a divorce is sought on the basis of separation, the spouses have lived separate and apart for at least one (1) year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding;

(e) where a divorce is sought on the basis of adultery or cruelty, there has been no condonation or connivance with respect to the conduct which is the basis for the claim;

(f) where a divorce is sought on the basis of cruelty, the conduct of the respondent spouse has rendered continued cohabitation intolerable;

(h) where a written agreement between the spouses or a previous court order is in existence, the fact of its existence with a copy of the agreement or order exhibited;

(I) where a support order is claimed, the condition, means, needs and other circumstances of each spouse and of any child of the marriage for whom support is sought;

(j) where a custody order is sought, the particulars of the present and proposed arrangements with respect to the custody and access and the condition, means, needs and other circumstances of the child or children;

(k) reasonable arrangements have been or can be made for the support of any children of the marriage; and

(l) where a party requests a change of name upon divorce, adequate particulars of the party's birth and the name to which the party wishes to change;

(4) Where a divorce is sought on the basis of adultery, the petitioner shall also file:

(a) an affidavit of the respondent spouse or other person admitting adultery, with particulars, or

(b) certified extracts of transcripts of the examinations for discovery of the respondent spouse or other person admitting adultery, with particulars.

(a) a draft divorce judgment in Form 70.23D and, where appropriate, a draft corollary relief judgment in Form 70.23E, Form 70.23F or Form 70.23G;

(b) two sets of stamped envelopes, addressed to the petitioner and the respondent.

(6) Where the respondent has requested, the petitioner shall serve upon the respondent copies of the draft divorce judgment and draft corollary relief judgment before filing these documents pursuant to sub-rule (3).

(7) Upon a judge being satisfied that the grounds for divorce have been established, the judge may issue a divorce judgment in Form 70.23D and, where appropriate, a corollary relief judgment in Form 70.23E, Form 70.23F or Form 70.23G.

(8) A corollary relief judgment in Form 70.23G may only be used where the parties have settled all corollary relief matters by way of written separation agreement or minutes of settlement which contain a specific provision for incorporation of the terms of the agreement or minutes in a corollary relief judgment and, if there are children of the marriage, where the agreement or minutes contain the information required by section 13 of the Guidelines.

(9) Upon a divorce judgment being rendered, a court officer shall forthwith mail a copy of the divorce judgment and, where granted, the corollary relief judgment to the petitioner and the respondent in the envelopes provided by the petitioner.

(10) On or after the thirty-first day after the divorce judgment is rendered, a court officer shall issue a certificate of divorce in Form 70.23H after being satisfied that no appeal of the divorce judgment is pending, and forthwith mail a copy to the petitioner and the respondent in the envelopes provided by the petitioner.

70.24. (1) A petitioner or a respondent in a divorce proceeding may apply to a judge for suit money, upon seven clear days' notice to the other party to the proceeding.

(2) Upon an application for suit money, the judge may order the other party to pay to the applicant such sum of money sufficient to cover the applicant's costs up to any stage in the proceeding and may from time to time thereafter order the other party to pay such further sums as the judge deems necessary to enable the applicant to continue the proceeding.

70.25. (1) On an application for maintenance pursuant to section 11 of the Maintenance and Custody Act, alleging that a person is the possible father, the notice to appear and notice to disclose in rule 70.07, along with the completed intake form in rule 70.04, shall be served upon the respondent possible father.

(2) For purposes of orders relating to blood tests pursuant to section 27(1) of the Maintenance and Custody Act, any reference to "the court" includes a court officer.

(3) Where the paternity of a child is in issue, the issue shall be determined at a trial.

70.26. (1) In any proceeding under the Maintenance and Custody Act, a maintenance order shall be in Form 70.26A or Form 70.26B.

(2) Any final order, other than a divorce corollary relief judgment or an order under sub-rule (1), shall be in Form 70.26C.

(3) An order shall be drafted by the successful party or by the court and entered by the court officer, and if an order is not entered within ten days after the decision, any other party or the court may draw up, settle and enter the order.

70.27. Where a child support order, spousal support order, custody order, variation order, or interim support or custody order has been made in Canada under the Divorce Act, the registration of such order pursuant to sub-section 20(3) of that Act shall be effected by filing a certified copy of the order in the court, with a written request that it be registered.