NB Courts

A message from the Chief Justice of New Brunswick, The Honourable J.C. Marc Richard:

Over the term of his tenure as Chief Justice of New Brunswick (2003-2018), the Honourable J. Ernest Drapeau directed his articling students to annotate the Rules of Court with decisions of the Court of Appeal. The product of their work, the Annotated Rules of Court, is now in publishable form and, as a result, has been made accessible on the Courts' website. While in no way legally binding, the annotations may well be of some assistance to the practicing Bar, law students, litigants and the public at large in achieving a better understanding of how the Rules of Court provide an orderly process for the determination of any dispute on its merits.

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 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 Class Actions

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
     (repealed January 1, 2017)

22 Summary Judgment
     (in force January 1, 2017)

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

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

59.02-13

59.14

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 

62.04-20

62.21

62.22-30

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 Proceedings Under Quieting
     of Titles Act

71 Proceedings Concerning
      Infirm Persons

72.01-21 Divorce Proceedings

72.22-26

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

81 Family Law Rule in the Judicial
     District of Saint John