Civil Procedure Rules of Nova Scotia  
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Part 16 - Costs, Order, and Enforcement

Rule 78 - Order

Scope of Rule 78
78.01 (1) The court acts on motion, by order made in writing or orally.
  (2) Directions and rulings are orders.
  (3) An order may be granted and enforced, in accordance with this Rule.
Order by judge
78.02   A judge may grant any order in the jurisdiction of the court, including an order that, by these Rules or legislation, the prothonotary may grant.
Orders made in writing or orally
78.03 (1) An order must be in writing, except directions and a ruling may be given orally and other kinds of orders may be given orally if the order is to be enforced before a written order can be made.
  (2) A court reporter must make a record of an order made orally in open court.
  (3) A judge who makes an order orally other than in open court must make a record of the order.
  (4) A direction in a record certified by a court reporter or a judge may be enforced in the same manner as a written order issued by the court.
  (5) A judge who makes an order orally may provide that the order is to be replaced by a written order and give directions for the drafting of the replacement order.
Finalizing operative terms of order
78.04 (1) A judge who decides to grant a draft order filed by a party may approve the draft and cause the order to be issued.
  (2) A judge who makes a decision without having a draft order at hand, or a decision that is inconsistent with a draft order, may settle the order or give directions for settlement of it.
  (3) In the absence of directions, the following procedures apply to drafting and settling an order:
the successful party must prepare a draft order with a place for each party to consent to the form of the order and submit the draft to each other party no more than ten days after the day the judge’s decision is communicated to the successful party;
the party to whom a draft order is submitted must, no more than five days after the day the draft is delivered, either object to the draft by delivering to the successful party a concise statement of the objection and an alternate draft order, or sign in the place provided for consent to form;
a party who fails to object to, or sign, the draft order in the required time is taken to consent to the form;
the successful party must deliver a draft order consented to form, or a draft order with a copy of the statement of an unresolved objection, to the judge no more than twenty days after the day the judge’s decision is communicated to the party;
the judge may settle the terms of the order or direct that a dispute be resolved by motion under Rule 25 - Motion by Appointment, Rule 26A - Conference, or Rule 27 - Motion by Correspondence;
the judge who resolves a dispute about the form of order may direct that a final draft be delivered to the judge without a consent.
  (4) A judge who presides at a settlement conference at which the parties reach agreement may direct a party to prepare an order that conforms with the agreement and, if the judge does not settle the terms of the order at the conference, Rule 78.04(3) applies as if the directed party were the successful party and the agreement were the decision.
  (5) A judge, other than the judge who makes the decision, may settle the form of an order and approve a draft order, if the judge who makes the decision is unable to approve the order or gives permission for another judge to do so.
Form of written order
78.05 (1) A draft order must, unless a judge or the prothonotary who grants the order allows otherwise, contain the standard heading of the proceeding, be entitled as provided in Rule 78.05(2), and include all of the following:
the title of the prothonotary, the title and name of the judge who approves the order, or the title and a blank for the judge’s name;
the operative part of the order divided into numbered paragraphs;
a place for the prothonotary to date and sign the order when it is issued.
  (2) An order may be entitled ?Order” or it may be entitled more specifically to distinguish it from other orders in the proceeding, such as ?Order for Production”, ?Order for Interlocutory Injunction”, ?Order or Summary Judgment”, ?Order After Trial Without a Jury”, ?Order After Trial With a Jury”, ?Order After Hearing of Application”.
  (3) An order may include, in a paragraph after the title and before the operative part, a concise narrative explaining the proceedings that led to the order.
  (4) Each paragraph in the operative part of the order may be written as a separate order or introductory words, such as “the following is ordered”, may be used.
  (5) The order may be in Form 78.05.
  (6) In an emergency, a judge may approve a written order in any form.
Approving and issuing written order
78.06 (1) A judge may approve a draft order by initialling it, or by any other means the judge finds to be convenient.
  (2) A prothonotary may issue a draft order approved by a judge or an order made by the prothonotary by dating, signing, and sealing the order.
  (3) In an emergency, a judge may issue an order by dating and signing it and printing the judge's name under the signature, and the judge may certify a copy.
  (4) A judge who issues an order must immediately deliver it to the prothonotary.
When and how order becomes effective
78.07 (1) A written order is in effect when it is issued and an order made orally is in effect from the time it is spoken, unless the order provides otherwise.
  (2) An order may provide that it is otherwise effective at one of the following times:
on a date, or starting on a date, in the past as if the order had been granted on that day, if retroactivity does not deprive a person of a substantive right and does justice between the parties;
on a specific date in the future;
on the happening of an event or the fulfillment of a condition described in the order.
  (3) An order that is varied on appeal is in effect as varied from the time the order of the Court of Appeal is issued, or such other time as that order provides.
Errors and extensions of time
78.08   A judge may do any of the following, although a final order has been issued:
correct a clerical mistake, or an error resulting from an accidental mistake or omission, in an order;
amend an order to provide for something that should have been, but was not, adjudicated on;
extend the time for doing something required to be done by an order that provides a deadline;
set a deadline for complying with an order that does not set a deadline.
Proof order is satisfied or performed
78.09   A prothonotary or a judge may grant an order declaring that an order providing for payment or recovery of money has been satisfied or that another kind of order has been performed.