Acts and Regulations

Rule-23 - DETERMINATION OF QUESTIONS BEFORE TRIAL

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Current to 1 January 2024
DISPOSITION WITHOUT TRIAL
RULE 23
DETERMINATION OF QUESTIONS BEFORE TRIAL
23.01Where Available
(1)The plaintiff or a defendant may, at any time before the action is set down for trial, apply to the court
(a) for the determination prior to trial, of any question of law raised by a pleading in the action where the determination of that question may dispose of the action, shorten the trial, or result in a substantial saving of costs,
(b) to strike out a pleading which does not disclose a reasonable cause of action or defence, or
(c) for judgment on an admission of fact in the pleadings, in the examination of an adverse party, or in answer to a Request to Admit Facts;
(2)A defendant may, at any time before the action is set down for trial, apply to the court to have the action stayed or dismissed on the ground that
(a) the court does not have jurisdiction to try the action,
(b) the plaintiff does not have legal capacity to commence or continue the action, or
(c) another action is pending in the same or another jurisdiction between the same parties and in respect of the same claim.
(d) New Brunswick is not a convenient forum for the trial or hearing of the proceeding.
85-5
23.02Evidence
Except with leave of the court, on applications under Rule 23.01(1), evidence shall not be admitted except
(a) a transcript of a relevant examination, and
(b) affidavits which are necessary to identify a document or prove its execution.
23.03Effect of Judgment Under This Rule
Where a plaintiff obtains judgment under this rule, such judgment shall not prejudice his right to proceed against the same defendant for other relief, or against any other defendant for the same or other relief, unless the court orders otherwise.