Acts and Regulations

Rule-4 - COURT DOCUMENTS

Full text
Current to 1 January 2024
PRELIMINARY MATTERS
RULE 4
COURT DOCUMENTS
4.01Format
(1)Every document in a proceeding shall be produced legibly on one side of good quality white paper with margins of approximately 4 centimetres. The characters used shall be at least 12 point or 10 pitch size. The lines shall be at least one and one-half lines apart, except for quotations from authorities which shall be indented and single-spaced.
(2)The name of each person who signs a document shall be typed, stamped or legibly printed beneath his signature.
(3)A document required to be signed by the Registrar or a clerk shall be deemed to be signed if it bears a facsimile of his signature.
85-5; 96-6
4.02Contents
(1)Every document in a proceeding shall contain
(a) the name of the court and, if applicable, the division of the court,
(b) the name of the judicial district in which the proceedings are conducted, if applicable,
(c) the court file number,
(d) the style of proceeding, which, except in an originating process, may be abbreviated where there are numerous parties, to show the names of the first party on each side followed by the words ‘and others’,
(e) the title of the document,
(f) the date of the document,
(g) the name of the party filing or serving the document or his solicitor, and
(h) any other information required by these rules.
(2)The first document filed by a party shall contain the following information with respect to that party or that party’s solicitor:
(a) name;
(b) address for service;
(c) telephone number;
(d) fax number, if any; and
(e) e-mail address.
(2.1)The address for service of a party shall include a place within New Brunswick where documents may be left for that party.
(3)Numbers, including amounts of money, shall be expressed in figures.
87-111; 94-24; 2010-61; 2012-86
4.03Certified Copies of Documents
(1)Subject to these rules, where it is shown that a person is affected by a document, that person, upon payment of the prescribed fee, is entitled to receive a certified copy of the document from the clerk, the Registrar or a person authorized by the Registrar under the Act.
(2)Where a certified copy is issued by a person authorized by the Registrar under the Act, there shall be placed below that person’s name the words “Under writ-ten authorization of the Registrar dated the __________ day of _________________ , 20 ________”.
(3)A certified copy provided by the Registrar, a clerk or a person authorized by the Registrar under the Act is valid without proof of the appointment or authorization, signature or authority of the Registrar, clerk or person.
94-66
4.04Notice to be in Writing
Wherever these rules require notice to be given, such notice shall be given in writing.
4.05Affidavits
Format
(1)An affidavit used in a proceeding shall be
(a) expressed in the first person, and shall state the name in full and place of residence of the deponent; and, if he is a party or the solicitor, agent or employee of a party, it shall state that fact,
(b) divided into numbered paragraphs, with each paragraph being confined as far as possible to a particular statement of fact, and
(c) signed by the deponent or signed in the name of the deponent by another person in accordance with paragraph (8.1) and, when the jurat is completed, signed by the person before whom it is sworn.
Contents
(2)Every affidavit shall be confined to a statement of facts within the personal knowledge of the deponent, except as provided otherwise in these rules.
Exhibits
(3)An exhibit referred to in an affidavit shall be identified by the person before whom the affidavit is sworn as the exhibit referred to.
(4)Where an exhibit is referred to in an affidavit as being attached to the affidavit, it shall be attached and filed with the affidavit.
(5)Where an exhibit is referred to in an affidavit as being produced and shown to the deponent, it shall not be attached to the affidavit or filed therewith, but shall be left with the clerk or Registrar for the use of the court and, upon disposition of the proceeding or motion in respect of which the affidavit was filed, the exhibit shall be returned to the party who filed the affidavit or his solicitor, unless ordered otherwise.
(6)A copy of every documentary exhibit referred to in an affidavit shall be served with the affidavit, unless it is impractical to do so or the person to be served has a copy
By Two or More Deponents
(7)Where an affidavit is made by two or more deponents, there shall be a separate jurat for each deponent, unless all the deponents are sworn before the same per-son at the same time.
By an Illiterate or Blind Person
(8)Where it appears to a person before whom an affidavit is sworn that the deponent is illiterate or blind, he shall certify in the jurat that the affidavit was read in his presence to the deponent who appeared to understand it, and that the deponent signed the affidavit or placed his mark on it in his presence.
By a Person Who is Physically Unable to Sign or Place His or Her Mark
(8.1)Where it appears to a person before whom an affidavit is sworn that the deponent is physically unable to sign an affidavit or place his or her mark on an affidavit and the deponent directs another person to sign the affidavit in the name of the deponent, the person before whom the affidavit is sworn shall certify in the jurat that the affidavit was signed in the name of the deponent by that other person in the presence of the deponent and by the direction of the deponent.
By a Person who does not Understand the Language
(9)Where it appears to a person before whom an affidavit is sworn that the deponent does not understand the language used in the affidavit, he shall certify in the jurat that the affidavit was interpreted to the deponent by him or in his presence by a named interpreter sworn by him to interpret the affidavit correctly.
Alterations
(10)An interlineation, erasure or other alteration in an affidavit shall be initialled by the person before whom the affidavit is sworn and, unless so initialled, the affidavit shall not be used without leave of the court.
Swearing of Affidavits
(11)Affidavits sworn in New Brunswick shall be sworn before a judge, commissioner of oaths, notary public or anyone empowered by these rules to administer oaths.
(12)An affidavit may be sworn before the solicitor for the party using or filing it or before a commissioner of oaths or notary public who is partner, agent or employee of such solicitor but shall not be sworn before the party.
(13)Except with leave of the court, an affidavit shall not be used or filed unless the person before whom it is sworn shows in the jurat
(a) the date when it was sworn,
(b) the place where it was sworn, and
(c) that the affidavit was sworn before him.
92-3
4.06Issuing and Filing of Documents
(1)Except where filed in the course of a trial or hearing or where provided otherwise in these rules, all documents shall be filed in the office of the clerk of the judicial district where the proceeding was commenced or transferred.
(2)Where a motion is heard in a judicial district other than where the proceeding was commenced or transferred, any document to be used on the motion may be filed in the office of the clerk of that judicial district and upon the disposition of the motion shall be returned to the office of the clerk of the judicial district where the proceeding was commenced or transferred.
(3)Any document, other than an originating process, may be filed by leaving it in the proper court office or by mailing it to the proper court office, with the prescribed fee, if any.
(4)Except for originating processes, the date of filing of a document received by a court office through the mail shall be deemed to be the date stamped upon the document as the date of receipt.
(4.01)The court may direct that an electronic version of a document be filed and, on filing,
(a) the date of filing of the document shall be deemed to be the date shown on the acknowledgement of receipt issued by the office of the clerk of the judicial district where the proceeding is commenced or transferred, and
(b) unless ordered otherwise by the court, the copy of the document that is printed by the office of the clerk shall be deemed to be the original version of that document.
(4.1)Where an electronic version of a document referred to in Rule 62.20.2 is filed under that rule,
(a) the date of filing of the document shall be deemed to be the date shown on the acknowledgement of receipt issued by the office of the Registrar, and
(b) unless ordered otherwise by the Court of Appeal or a judge thereof, the copy of the document that is printed by the office of the Registrar shall be deemed to be the original version of that document.
(5)Where a court office has no record of the receipt of a document alleged to have been filed by mailing, the document shall not be treated as filed, unless ordered otherwise.
2008-1; 2023-8
4.07Repealed: 90-20
90-20
4.08Forms
(1)The forms prescribed in the Appendix of Forms shall be used where applicable, with such variations as the circumstances of the particular proceeding require.
(2)Where a form prescribed in the Appendix of Forms is used, it shall be identified by placing its number immediately after the title.
(3)The following forms prescribed in the Appendix of Forms shall be used as prescribed in bilingual format but need be completed in only English or French: 7A, 8A, 16A, 16B, 16D, 27C-2, 27I, 33B, 33C, 37A, 37B, 42A, 42B, 42C, 42D, 53A, 53B, 55A, 55B, 55C, 55D, 61B, 61C, 62J, 62K, 69.1A, 69.1B, 69.1D, 70A, 70C, 72A, 72U, 73A, 73AA, 73B, 76A, 76B, 81A and 81F.
85-5; 86-87; 92-3; 92-107; 98-45; 2006-46; 2010-99; 2010-135; 2012-51; 2012-102; 2014-76; 2019-33