Government of New Brunswick

PRELIMINARY MATTERS

1 Citation, Application and Interpretation

2 Non-Compliance with the Rules 

3 Time

4 Court Documents

 

PARTIES AND JOINDER

5 Joinder of Claims and Parties

6 Consolidation or Trial or Hearing Together

7 Parties Under Disability

8 Partnerships and Sole Proprietorships

9 Unincorporated Associations

10 Estates and Trusts

11 Representation Order 

12 Joinder of Assignor 

13 Transfer or Transmission of Interest 

14 Persons Having the Same Interest

15 Intervention

 

COMMENCEMENT OF PROCEEDINGS

16 Originating Process

17 Representation by Solicitor 

 

SERVICE

18 Service of Process

19 Service Outside New Brunswick

20 Time for Delivery of Statement of Defence

 

DISPOSITION WITHOUT TRIAL

21 Default Proceedings

22 Summary Judgment

23 Determination of Questions Before Trial

24 Stated Case

25 Discontinuance and Withdrawal 

26 Dismissal of Action for Delay

 

PLEADINGS

27 Pleadings

28 Counterclaim

29 Cross-Claim

30 Third Party Claim

 

DISCOVERY

31 Discovery of Documents

32 Examination for Discovery

33 Procedure on Oral Examinations

34 Procedure on Written Examinations

35 Inspection and Preservation of Property

36 Medical Examination of Parties

 

MOTIONS AND APPLICATIONS

37 Procedure on Motions

38 Procedure on Applications

39 Evidence on Motions and Applications

 

PRESERVATION OF RIGHTS PENDING LITIGATION

40 Interlocutory Injunction or Mandatory Order

41 Appointment and Confirmation of Receivers

42 Certificate of Pending Litigation

43 Interpleader

44 Interim Recovery of Personal Property

 

SETTING ACTIONS DOWN FOR TRIAL

45 Place of Trial

46 Trial by Jury

47 Procedure on Setting Down

48 Reserved

49 Offer to Settle

50 Pre-Trial Conference and Settlement Conference

51 Request for Admission

 

PREPARATION FOR TRIAL

52 Expert Witness

53 Taking Evidence Prior to Trial

 

TRIALS

54 Trial Procedure

55 Evidence at Trial

 

REFERENCES

56 References

57 Accounts

 

COSTS

58 Security for Costs

59 Costs of Proceedings Between Parties

 

JUDGMENTS

60 Signing and Entering Orders and Judgments

61 Enforcement of Orders and Judgments

 

APPEALS

62 Civil Appeals to the Court of Appeal 

62.1 Settlement Conferences for Civil Appeals to the Court of Appeal 

63 Criminal Appeals to the Court of Appeal 

64 Summary Conviction Appeals to the Court of Queen’s Bench

 

PARTICULAR PROCEEDINGS

65 Mandamus, Certiorari and Prohibition in Criminal Matters

66 Vendors and Purchasers

67 Proceedings for Partition or Sale

68 Proceedings Concerning the Property of Minors

69 Proceedings for Judicial Review

69.1 Habeas Corpus Proceedings

70 Title Certifications

71 Proceedings Concerning Infirm Persons

72 Divorce Proceedings

73 Family Division

74 Marital Property Act Applications

75 Small Claims

76 Contempt Proceedings

76.1 Vexatious Proceedings

77 Quick Ruling

 

FEES

78 Fees 

 

SIMPLIFIED PROCEEDINGS

79 Simplified Procedure

80 Certain Claims not exceeding $30,000 - Repealed

 

FAMILY LAW PILOT PROJECT

81 Family Law Rule in the Judicial District of Saint John

 

APPENDICES

Appendix A - Criminal Procedure Rules of the Court of Queen's Bench of New Brunswick

Appendix B - New Brunswick Regulation 85-165 under the Official Languages Act

Appendix C - New Brunswick Translated Documents Regulations

Appendix D - New Brunswick Regulation 86-2 under the Official Languages Act

Appendix E - Hague Convention — XIV. Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters

Appendix F - New Brunswick Rules of Practice Respecting Reduction in the Number of Years of Imprisonment without Eligibility for Parole