Acts and Regulations

Rule-47 - PROCEDURE ON SETTING DOWN

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Current to 1 January 2024
SETTING ACTIONS DOWN FOR TRIAL
RULE 47
PROCEDURE ON SETTING DOWN
47.01Motions Day
(1)The Chief Justice of the Court of King’s Bench shall appoint Motions Days for each judicial district.
(2)The Chief Justice of the Court of King’s Bench shall preside, or arrange for a judge to preside, at each Motions Day sitting in each judicial district.
2022-86
47.02When Action may be Set Down and by Whom
After the pleadings are closed and all pre-trial procedures have been completed, any party who is not in default under these rules or under an order of the court, may set the action down for trial.
47.03Severability of Trials
(1)Either before or after an action is set down for trial, the court may order that different issues be tried at different times and may give directions with respect to the conduct of such trials.
(2)Where an order is made that a preliminary issue be tried, a party may set it down for trial.
(3)Where liability is established before damages are assessed, the court may direct advance payments of special damages and, for the purpose of giving such directions, may receive such preliminary evidence as it considers necessary.
47.04How Action is to be Set Down
(1)Where an action is defended, it may be set down for trial by
(a) serving on every other party who has not been noted in default
(i) a Notice of Trial (Form 47A), and
(ii) a copy of the trial record, and
(b) filing the Notice of Trial and trial record with proof of service thereof.
(2)Where an action is undefended, it may be set down for trial by filing a trial record.
47.05Notice of Trial
Notice of trial shall be given for Motions Day and shall be filed and served at least 14 days prior thereto.
47.06Trial Record
(1)The trial record shall be filed and served at least 14 days before the Motions Day for which Notice of Trial is given and shall contain
(a) an index,
(b) a copy of all pleadings including those relating to any counterclaim, cross-claim or third-party claim,
(c) a copy of any demand or order for particulars and the particulars delivered pursuant thereto,
(d) a copy of any Request to Admit Documents and a copy of the response thereof,
(e) a copy of any request for admission of facts and a copy of the response thereto,
(f) a copy of any notice of a motion to be made at trial,
(g) a Certificate of Readiness (Form 47B) with such variations as the circumstances may require, and
(h) a copy of any notice or order respecting the trial or any order made during a pre-trial conference.
(2)The front cover of the trial record shall set out
(a) the name of the solicitor for each party to the action, the firm name, if applicable, his or her address for service, his or her e-mail address, if any, his or her business telephone number and his or her fax number, if any, and
(b) the names of any parties to the action not represented by a solicitor, their addresses for service, their email addresses, if any, and their telephone numbers, including their fax numbers, if any.
(3)The party who sets the action down for trial shall, at the commencement of the trial, deliver to the trial judge and serve on every other party who has not been noted in default a supplementary trial record containing all requisite documents filed and served since the filing of the trial record.
(4)Paragraphs (1) and (2) apply with the necessary modifications to a supplementary trial record.
86-87; 99-71; 2012-86
47.07Motions Day List
(1)At least 10 days before Motions Day the clerk shall send to each solicitor of record and to each party not represented by a solicitor, a Motions Day List of
(a) all actions with respect to which a Notice of Trial for that Motions Day and a trial record have been properly filed, and
(b) all other proceedings which the court has directed to be placed on the list,
and the list shall include tentative dates for trial or hearing of each proceeding.
(2)Actions in which Jury Notices have been given shall be listed separately from actions to be tried by a judge without a jury.
47.08Dates for Trial
(1)At each Motions Day sitting the presiding judge may confirm the tentative dates for trial or hearing of proceedings set out on the Motions Day List and the parties need not attend to have the dates confirmed.
(2)Where
(a) all parties are present,
(b) all parties consent to a change of the tentative date for trial or hearing, or
(c) all parties have been given 5 days notice in writing that the tentative date for trial or hearing is not acceptable,
the judge presiding at the Motions Day sitting may fix a different date for the trial or hearing.
47.09Striking from the Motions Day List
A proceeding shall not be withdrawn from a Motions Day List but the court may strike a proceeding therefrom and give directions with respect to placing it on a future Motions Day List.
47.10Fixing Date for Trial Summarily in Special Cases
Where
(a) pleadings are closed, and
(b) a date for trial ought to be fixed summarily,
the court may fix a date for trial and give any necessary directions to vary or avoid the procedures set out in this rule.
47.11Pre-Trial Brief
(1)Unless ordered otherwise, each party to an action shall prepare a pre-trial brief containing
(a) a succinct outline of the facts the party intends to establish,
(b) a concise statement of the issues to be dealt with by the court,
(c) a concise statement of the principles of law on which the party relies and citation of relevant statutory provisions and leading authorities, and
(d) a concise statement of the relief sought by the party.
(2)Each party shall, at least four days prior to the date of trial, file with the clerk
(a) the original copy of his pre-trial brief which the clerk shall forthwith transmit to the trial judge, and
(b) a copy of his or her pre-trial brief for each opposite party who has not exchanged a copy of his or her pre-trial brief with the party filing the pre-trial brief.
(2.1)The clerk shall advise each party when an opposite party files his or her pre-trial brief. The clerk shall release the copies under clause (2)(b) to any party who has filed a pre-trial brief.
(3)Documentary evidence shall not be included with the pre-trial brief unless all parties have consented to its admission as evidence.
85-34; 86-87; 99-71; 2010-61
47.11.1Duty to Confirm Need for Interpreter
Where the Certificate of Readiness states that an interpreter will be required, the party requiring an interpreter shall confirm that need to the clerk at least 4 days before the trial.
85-5
47.12Duty to Inform Clerk of Settlement
Every party to an action shall promptly inform the clerk of any settlement thereof.
47.13Application of Rule
Unless ordered otherwise, this rule applies to any proceeding wherein the court has directed the trial of an issue.