Acts and Regulations

2022-85 - Judicature Act

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NEW BRUNSWICK
REGULATION 2022-85
under the
Judicature Act
2022-318
Provincial Offences Procedure Act
2022-318
Filed December 16, 2022
1Subrule .09 of Rule 73 of the Rules of Court, “FAMILY DIVISION”, New Brunswick Regulation 82-73 under the Judicature Act and the Provincial Offences Procedure Act is amended
(a) in paragraph (1) by striking out “A respondent who” and substituting “Subject to paragraph (1.1), a respondent who”;
(b) by adding after paragraph (1) the following:
73.09(1.1)Where subsection 38(2) or 52(3) of the Family Services Act applies to an application, a respondent who wishes to oppose the application or to assert a right or claim shall file a responding document together with a copy for the applicant and each person against whom the respondent asserts a right or claim no later than five days before the hearing of the application or as directed by the court, and the administrator shall cause a copy of the responding document to be served on the applicant without delay.
2Form 73A of the Appendix of Forms to the Rules of Court is amended by striking out “If you wish to present affidavit or other documentary evidence to support your position, you must file a copy of such evidence in this court office not more than 20 days after being served with this Notice of Application.” and substituting the following:
If you wish to present affidavit or other documentary evidence to support your position, you must file a copy of the evidence in this court office,
(a) if the application relates to a child protection proceeding under Part 4 of the Family Services Act, no later than five days before the hearing or as directed by the court, and
(b) for any other application, not more than 20 days after being served with this Notice of Application.