New Civil Procedure Rules
(tentatively approved)

The Judges of the Nova Scotia Court of Appeal and the Supreme Court of Nova Scotia have tentatively approved new Civil Procedure Rules, and the Forms that go with them, for all Parts in the table of contents below except:

The Judges have also directed that the tentatively approved Rules and Forms be published on the Courts’ website to assist counsel and others who work in civil justice to get ready for the new Rules.

Please note that the following is a draft only. It is subject to editing and final approval by the Judges. Part 22 - Forms is included to show the approved Forms, but the text before the Forms has not yet been recommended by the Steering Committee let alone approved by the Judges.

It is not recommended that the forms be used to create precedents until the forms are edited and approved.

Table Of Contents

Click on each Part # - Title (in large blue underlined text) to view the rules listed below it.
Part # - Title in large black are not available (see above).

Part 1 - Applying These Rules
Rule 1 - Purpose
Rule 2 - General

Part 2 - Civil Proceedings
Rule 3 - Kinds of Proceedings
Rule 4 - Action
Rule 5 - Application
Rule 6 - Choosing Between Action and Application
Rule 7 - Judicial Review and Appeal

Part 3 - Default and Discontinuance
Rule 8 - Default Judgment
Rule 9 - Discontinuance

Part 4 - Alternate Resolution or Determination
Rule 10 - Settlement
Rule 11 - Reference
Rule 12 - Questions of Law
Rule 13 - Summary Judgment

Part 5 - Disclosure and Discovery
Rule 14 - Disclosure and Discovery in General
Rule 15 - Disclosure of Documents
Rule 16 - Disclosure of Electronic Information
Rule 17 - Disclosure of Other Things
Rule 18 - Discovery
Rule 19 - Interrogatories
Rule 20 - Admission
Rule 21 - Medical Examination Testing

Part 6 - Motions
Rule 22 - General Provisions for Motions
Rule 23 - Chambers Motion
Rule 24 - Appearance Day Motion
Rule 25 - Motion by Appointment
Rule 26 - Conference
Rule 27 - Motion by Correspondence
Rule 28 - Emergency Motion
Rule 29 - Motion to Presiding Judge
Rule 30 - Motion to the Prothonotary

Part 7 - Notice and Place of Proceeding
Rule 31 - Notice
Rule 32 - Place of Proceeding

Part 8 - Representation, Parties, and Claims
Rule 33 - Counsel
Rule 34 - Acting on One’s Own
Rule 35 - Parties
Rule 36 - Representative Party
Rule 37 - Consolidation and Separation

Part 9 - Pleading, Affidavits, and Brief
Rule 38 - Pleading
Rule 39 - Affidavit
Rule 40 - Brief

Part 10 - Temporary Remedies
Rule 41 - Interlocutory Injunction and Receivership
Rule 42 - Preservation Order
Rule 43 - Temporary Recovery Order
Rule 44 - Attachment
Rule 45 - Security for Costs
Rule 46 - Payment into Court

Part 11 - Trial and Hearing
Rule 47 - Place of Trial or Hearing
Rule 48 - Translation, Interpretation, and Assistance Rule 49 - Sittings
Rule 50 - Subpoena
Rule 51 - Conduct of Trial
Rule 52 - Trial by Jury
Rule 53 - Conduct of Hearing
Rule 54 - Supplementary Rules of Evidence
Rule 55 - Expert Opinion
Rule 56 - Commission Evidence

Part 12 - Actions Under $100,000
Rule 57 - Action for Damages Under $100,000
Rule 58 - Limits in Similar Actions

Part 13 - Family Proceedings
Rule 59 - Family Division Rules
Rule 60 - Child and Adult Protection, and Committal
Rule 61 - Adoption
Rule 62 - Districts’ Family Rules

Part 14 - Appeal and Judicial Review (Criminal Code)
Rule 63 - Summary Conviction Appeal
Rule 64 - Prerogative Writ
Rule 65 - Application to Reduce Parole Ineligibility

Part 15 - Other Kinds of Proceedings
Rule 66 - Account
Rule 67 - Builders’ Lien
Rule 68 - Class Proceeding
Rule 69 - Controverted Election
Rule 70 - Assessment of Damages
Rule 71 - Guardianship
Rule 72 - Mortgages
Rule 73 - Receiver
Rule 74 - Other Sales by the Court
Rule 75 - Injunction
Rule 76 - Interpleader

Part 16 - Costs, Order, and Enforcement
Rule 77 - Costs
Rule 78 - Order
Rule 79 - Enforcement by Execution Order
Rule 80 - Other Enforcement Orders
Rule 81 - Reciprocal Enforcement

Part 17 - Administration
Rule 82 - Administration of Civil Proceedings
Rule 83 - Amendments
Rule 84 - Court Records
Rule 85 - Access to Court Records
Rule 86 - Joint Proceedings
Rule 87 - Communicating with a Judge
Rule 88 - Abuse of Process
Rule 89 - Contempt

Part 18 - Proceedings in the Court of Appeal
Rule 90 - Civil Appeal
Rule 91 - Criminal Appeal

Part 19 - Transitional
Rule 92 - Transitional

Part 20 - Citation and Interpretation
Rule 93 - Citation
Rule 94 - Interpretation

Part 21 - Enacting Provisions
Rule 95 - Enactment

Part 22 - Forms
Rule 96 - Preparation of Documents