Forms Used In The Court
The instruction sheets and forms below comply with the Civil Procedure Rules of Nova Scotia, which came into effect on Jan. 1, 2009. Part 22 of the Rules contain additional Court of Appeal Forms. If there is a discrepancy in a form below, the forms found in the consolidated Civil Procedure Rules, Part 22 Forms are the official versions.
Electronic Filing of Appeal Documents
Documents that are required to be filed electronically and any other document permitted to be filed electronically with the Nova Scotia Court of Appeal must meet certain requirements before they will be accepted by the Court. The Registrar may refuse to accept an electronic filing that does not comply with the instructions in the Practice Directive: Electronic Filing of Documents in Appeal Proceedings. In those instances, the Registrar may require a party to withdraw the filing, resubmit or refile the documents.
Virtual Hearing Attendance
In keeping with the Open Court Principle of Canada’s justice system, individuals can participate and observe court proceedings by audio and/or video conference. To protect the integrity of the court proceedings, the individual is required to undertake and agree not to record or re-broadcast in any manner the court proceedings in which they participate or observe. Below is the form that individuals must sign and return to the court before the audio or video conference details are shared.
Instructions and Forms for Criminal Matters
| 1. Notice of Appeal: Applies to self-represented appellants who are NOT in custody and NOT represented by counsel | |
| Instruction Sheet | |
| Notice of Appeal Form 91.05(B) | |
| Contact Information/Designated Address Form and Information About Available Legal Services | |
| 2. Notice of Appeal - Applies to appellants represented by a lawyer or where the appellant is the Crown | |
| Instruction Sheet | |
| Notice of Appeal Form 91.05(A) | |
| 3. Notice of Appeal - Applies to prisoner appeals where the appellant is NOT represented by counsel | |
| Instruction Sheet | |
| Notice of Appeal Form 91.05(B) | |
| 4. Request for Legal Counsel on a Criminal Appeal, if Ineligible for Legal Aid | |
| Instruction Sheet | |
| Notice of Motion | |
| Affidavit | |
| 5. Request for Bail Pending the Hearing of a Criminal Appeal before the Court of Appeal | |
| Instruction Sheet | |
| Notice of Motion | |
| Affidavit | |
| Reminders to Counsel | |
| 6. Warrant to Convey | |
| Instruction Sheet | |
| Notice of Motion/Affidavit | |
| Draft Warrant - Provincial Institution | |
| Draft Warrant - Federal Institution | |
| 7. Abandoning a Criminal Appeal before the Court of Appeal | |
| Instruction Sheet | |
| Notice of Abandonment Form 91.23 |
Instructions and Forms for Civil Matters
| 1. Notice of Appeal - General | |
| Instruction sheet | |
| Notice of Appeal (General) (Form 90.06) | |
| Contact Information/Designated Address Form and Information About Available Legal Services | |
| 2. Notice of Application for Leave to Appeal - Workers' Compensation Board | |
| Instruction sheet | |
| Notice of Application for Leave to Appeal (Workers' Compensation) (Form 90.07A) | |
| Contact Information/Designated Address Form and Information About Available Legal Services | |
| 3. Notice of Appeal - Child Protection | |
| Instruction sheet | |
| Notice of Appeal - Child Protection (Form 90.08) | |
| Contact Information/Designated Address Form and Information About Available Legal Services | |
| 4. Request for Legal Counsel on a Child Protection Appeal, if Denied Legal Aid | |
| Instruction Sheet | |
| Notice of Motion | |
| Affidavit | |
| 5. Interlocutory or Costs Only Appeals | |
| Instruction sheet | |
| Notice of Application for Leave to Appeal and Notice of Appeal (Interlocutory) or (Costs Only) (Form 90.09/90.10) | |
| Contact Information/Designated Address Form and Information About Available Legal Services | |
| 6. Tribunal Appeals (other than Workers' Compensation) | |
| Instruction sheet | |
| Notice of Appeal (Tribunal) (Form 90.07B) | |
| Contact Information/Designated Address Form and Information About Available Legal Services | |
| 7. Discontinuing a Civil Appeal | |
| Instruction sheet | |
| Notice of Discontinuance (NSCA Form) | |
| 8. How to Request a Stay of Execution from the Court of Appeal | |
| Instruction sheet | |
| Notice of Motion | |
| Affidavit in Support of Motion | |
| 9. How to File a Notice of Intention to Participate in a Tribunal Appeal | |
| Instruction sheet | |
| Notice to Participate in a Tribunal Appeal |
Instructions and Forms for Both Criminal and Civil Matters
| 1. Making a Motion for Date and Directions (setting down an appeal for hearing) | |
| Instruction Sheet | |
| Notice of Motion | |
| Certificate of Readiness (Form 90.26) | |
| 2. Requesting an Extension of Time to File a Notice of Appeal | |
| Instruction Sheet | |
| Notice of Motion | |
| Affidavit | |
| 3. Motion to Introduce Fresh Evidence on the Hearing of the Appeal | |
| Instruction Sheet | |
| Notice of Motion For Directions On Fresh Evidence | |
| Notice of Motion to Introduce Fresh Evidence on Appeal | |
| Affidavit | |
| 4. How to Make a Motion in Chambers | |
| Instruction Sheet | |
| Notice of Motion | |
| Affidavit | |
| 5. Affidavit of Service | |
| Instruction Sheet | |
| Affidavit of Service |