The forms on this page are provided in "Static PDF" and "MS Word" formats. They can be printed and filled out manually or filled out on a computer (using Microsoft Word software) and then printed. However, in both cases, they must be filed with the Court as a "hard copy" (on paper).
A searchable indexed version of the Provincial Court Rules and Practice Directives can be found HERE.
Instructions
Applications will be commenced by completing Form 1 (Notice of Application).
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 email 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 | Form | YJC Form | |
|---|---|---|---|
| 2.1(1) Notice of Application | Notice of Application Form 1 | Form 1 | YJC Form 1 |
| Notice of Application For Court-Appointed Counsel Form 1A | Form 1A | ||
| Affidavit for Court-Appointed Counsel Form 2A | Form 2A | ||
| Legal Aid Waiver Form B | Form B | ||
| Information Re: Court-Appointed Counsel | Questions and Answers | ||
| 2.1(3) Transcripts or Audio Recordings | Transcripts or Audio Recordings | Form 1 | YJC Form 1 |
| 2.2(1) Response | Response | Form 2 | YJC Form 2 |
| 2.7 Applications on Consent | Consent Form 3 | Form 3 | YJC Form 3 |
| Rule | Form | Word | |
|---|---|---|---|
| 4.1 Hearing and Trial Management | Form 4.1 | Form 4.1 | |
| Form 4.1A | Form 4.1A | ||
| Form 4.1B | Form 4.1B | ||
| Pre-Trial Conference Form 4.2 | Form 4.2 | Word | |
| Pre-Trial Conference Report (complex cases) Form | Word |
Appearing In Provincial Court via Video Link
The use of video conferencing is now common practice in Provincial Courts throughout Nova Scotia. It is possible for witnesses, defendants, counsel and even judges to appear and participate in the Court process by video. These are protocol and procedure documents outlining the requirements for appearing via video link:
USE OF VIDEO CONFERENCING BY THE DEFENCE
Procedure for Accused in Custody
The forms below are provided in Interactive PDF format. They can be printed and filled out manually or filled out on a computer and then printed. However, in both cases, they must be filed with the Court as a "hard copy" (on paper).
| Form | Interactive PDF |
|---|---|
| Court Video Appearance Request Form - Accused Appearance | |
| Court Video Appearance Request Form - Appearance of Counsel | |
| Court Video Appearance Request Form - Appearance of Witness |
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. These forms are in Microsoft Word format and they can be printed and filled out manually or filled out on a computer and then printed. However, in both cases, they must be filed with the Court as a "hard copy" (on paper).
| Form | MS Word |
|---|---|
| Form 1A Notice of Application for Court-Appointed Counsel | |
| Form 2A Affidavit for Court-Appointed Counsel | |
| Form B Legal Aid Waiver |