Acts and Regulations

Rule-1 - CITATION, APPLICATION AND INTERPRETATION

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Full text
Current to 1 January 2024
PRELIMINARY MATTERS
RULE 1
CITATION, APPLICATION
AND INTERPRETATION
1.01Citation
(1)These rules may be cited as the Rules of Court.
(2) Rules may be divided into subrules, paragraphs, clauses and subclauses and reference may be made to each as follows
(a) Rule 7 refers to the entire rule;
(b) Rule 7.01 refers to subrule .01 of Rule 7;
(c) Rule 7.01(1) refers to paragraph (1) of Rule 7.01;
(d) Rule 7.01(1)(a) refers to clause (a) of Rule 7.01(1); and
(e) Rule 7.01(1)(a)(i) refers to subclause (i) of Rule 7.01(1)(a).
2007-17
1.02Application
These rules apply to all proceedings in the Court of King’s Bench and the Court of Appeal unless some other procedure is provided under an Act.
2022-86
1.02.1Proportionality
In applying these rules, the court shall make orders and give directions that are proportionate to what is at stake in the proceeding and the importance and complexity of the issues.
2013-1
1.03Interpretation
(1)Except where a contrary intention appears, the Interpretation Act and the interpretation section of the Judicature Act apply to these rules.
(2)These rules shall be liberally construed to secure the just, least expensive and most expeditious determination of every proceeding on its merits.
(3)The arrangement of these rules and their title headings are primarily intended for convenience, but may be used to assist in their interpretation.
1.04Definitions
In these rules, unless the context requires otherwise,
Act means an Act passed by the Legislature of the Province of New Brunswick or the Parliament of Canada;
action means a proceeding commenced by issuing a Notice of Action;
application means a proceeding commenced by issuing a Notice of Application;
clerk means the clerk of the Court of King’s Bench;
court means the Court of King’s Bench;
court reporter Repealed: 2010-60
court stenographer means a stenographer appointed under the Recording of Evidence Act;
examination for discovery includes an examination by written questions and answers;
holiday includes a Saturday;
judge means a judge of the Court of King’s Bench;
judgment means a formal judgment signed and entered by a clerk or Registrar and includes a decree nisi and a decree absolute;
minor means a person who has not attained the age of majority;
motion means an interlocutory motion or a preliminary motion;
originating process means a document by which a proceeding is commenced under these rules and includes
(a) a Notice of Action,
(b) a Notice of Application,
(b.1) an Application referred to in Rule 81,
(c) a Counterclaim against a party added by counter-claim
(d) a Third Party Claim,
(e) a Petition for Divorce,
(f) a Counter-Petition for Divorce served on a person named,
(f.1) a Motion to Vary or Motion to Change a final order under the Divorce Act (Canada) or the Family Law Act, and
(f.2) a Consent Motion to Vary or Consent Motion to Change a final order under the Divorce Act (Canada) or the Family Law Act,
but does not include
(g) a Counterclaim against a plaintiff only,
(h) a Cross-Claim, or
(i) a Notice of Motion or Preliminary Motion;
preliminary motion means a motion made before a proceeding is commenced;
Registrar includes a deputy registrar.
85-5; 2009-151; 2010-60; 2010-135; 2022-86; 2023-8
1.05Construing Terms Used in Acts
Where there is reference in any Act to the following terms, they shall be construed for the purposes of these rules and with respect to anything done under these rules as follows:
 
administrator ad litem means a litigation administrator;
 
conduct money means attendance money;
 
decree means judgment or order;
 
guardian ad litem means a litigation guardian;
 
infant means a minor;
 
lis pendens means a Certificate of Pending Litigation;
 
next friend means a litigation guardian;
 
originating summons means Notice of Application or Notice of Action;
 
registered post Repealed: 92-3
 
replevin means the procedure provided under Rule 44 for the Recovery of Personal Property;
 
subpoena means a Summons to Witness;
 
witness fees means attendance money;
 
Writ of Delivery means an Order for Delivery;
 
Writ of Possession means an Order for Possession;
 
Writ of Summons means Notice of Action.
92-3; 2019-33; 2024, c.20, s.4
1.06Repealed: 85-5
85-5
1.07Transition
(1) A writ, order or other process issued prior to the coming into force of these rules shall remain in force and may be served, carried out or executed under these rules.
(2)Unless the court orders otherwise, all proceedings, whenever commenced, shall be governed by these rules.
(3)The court may order that a proceeding, or a step therein, be continued and concluded under the rules in force at the time of its commencement.
1.08Orders on Terms
When making an order under these rules, the court may impose such terms and give such directions as are just.
86-87