Acts and Regulations

2016-73 - Judicature Act

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NEW BRUNSWICK
REGULATION 2016-73
under the
Judicature Act
2016-313
Provincial Offences Procedure Act
2016-313
Filed December 20, 2016
1Rule 22 of the Rules of Court, “SUMMARY JUDGMENT”, New Brunswick Regulation 82-73 under the Judicature Act and the Provincial Offences Procedure Act, is repealed and the attached Rule 22, “SUMMARY JUDGMENT”, is substituted.
2Subrule .09 of Rule 27 of the Rules of Court, “ PLEADINGS”, is amended
(a) in clause (a) of the French version by striking out the comma at the end of the clause and substituting a semicolon;
(b) in clause (b) by striking out “or” at the end of the clause;
(c) in clause (c) by striking out the period at the end of the clause and substituting a comma;
(d) by adding after clause (c) the following:
(d) is a contempt of court, or
(e) is not in conformity with the Rules of Court.
3Subrule .01 of Rule 31 of the Rules of Court, “DISCOVERY OF DOCUMENTS”, is amended by repealing the definition “document” and substituting the following:
document means, unless the context requires otherwise, a record of information, however recorded or stored, whether in printed form, on film, by electronic means or otherwise;(document)
4Paragraph (4) of Rule 39.01 of the Rules of Court, “EVIDENCE ON MOTIONS AND APPLICATIONS”, is repealed and the following is substituted:
4(4)Subject to section 34 of the Judicature Act, an affidavit for use on a motion need not be confined to statements of fact within the personal knowledge of the deponent, but may contain statements as to the deponent’s information and belief, if the source of the deponent’s information and the deponent’s belief in the statements are specified in the affidavit.
5Rule 62 of the Rules of Court, “CIVIL APPEALS TO THE COURT OF APPEAL”, is amended
(a) by adding after subrule .14 of Rule 62 the following:
Where the Appeal Raises a Question of Law Alone
62.14.1With leave of the Registrar and subject to Rule 62.14(4), where the appeal raises a question of law alone, an appellant may comply with Rule 62.14(1) by filing his or her pre-hearing brief, pre-trial brief, post-hearing brief or post-trial brief, as the case may be, with all necessary modifications to the style of proceeding.
Time Limit for Oral Argument by Self-Represented Party and Separately Represented Party
62.14.2
62.14.2(1)Nothing in this rule shall be construed to limit a judge’s or a panel of judges’ control over the proceedings.
62.14.2(2)Unless the judge or a panel of judges otherwise directs, oral argument by each self-represented party and each separately represented party shall not exceed
(a) with respect to the main submission, 45 minutes, and
(b) with respect to the reply, ten minutes.
(b) by adding after subrule .19 of Rule 62 the following:
Where the Appeal Raises a Question of Law Alone
62.19.1With leave of the Registrar and subject to Rule 62.19(6), where the appeal raises a question of law alone, a respondent may comply with Rule 62.19(1) by filing his or her pre-hearing brief, pre-trial brief, post-hearing brief or post-trial brief, as the case may be, with all necessary modifications to the style of proceeding.
(c) by adding after paragraph (1) of Rule 62.21 the following:
c(1.1)Without limiting the generality of the foregoing, the Court of Appeal or a judge of the Court of Appeal may strike out a document, or a part of a document, at any time, with or without leave to amend, on terms that are just, on the ground that it
(a) may prejudice, embarrass or delay the fair hearing of the matter,
(b) is scandalous, frivolous or vexatious,
(c) is an abuse of the process of the court,
(d) is a contempt of court, or
(e) is not in conformity with the Rules of Court.
(d) by adding after subrule .29 of Rule 62 the following:
Registrar Authority to Reject a Document
62.29.1The Registrar may reject a document, or a part of a document, at any time, with or without leave to amend, on terms that are just, on the ground that it
(a) may prejudice, embarrass or delay the fair hearing of the matter,
(b) is scandalous, frivolous or vexatious,
(c) is an abuse of the process of the court,
(d) is a contempt of court, or
(e) is not in conformity with the Rules of Court.
6Form 27I of the Appendix of Forms to the Rules of Court is amended in paragraph c) of the French version by striking out “défense reconventionnelle” and substituting “défense du mise en cause”.
7Form 62D of the Appendix of Forms to the Rules of Court is amended in the English version by striking out “Solicitor for appellant (or Appellant, where not represented by a solicitor)” and substituting “Solicitor for respondent (or Respondent where not represented by a solicitor)”.
8This Rule comes into force on January 1, 2017.