| Delay to file an
appearance |
- No appearance
- Plaintiff files Statement of
Claim before expiry of limitation period
- 6 months to serve the Notice of
Action and Statement of Claim attached after it is filed with the
Court
|
| Delay File a statement of
defence |
- 20 days after being served with
the Notice of Action with Statement of Claim, if in NB
- 40 days if in another province
or territory or the United States of America
- 60 days if outside of Canada and
the United States of America
- Notice of Intent to Defend can
be filed by defendant during above-mention periods for additional
10 days to file defence
|
| Delay to set the case ready for
trial |
- After all pleadings are closed
and all pre-trial procedures have been completed
- Any party who is not in default
under the Rules of Court or under any order of the Court may set
the matter down by serving a Notice of Trial and a Trial Record on
the other party and filing it with the Court with proof of
service
- Notice of Trial and Trial Record
must be filed and served at least 14 days prior to Motions
Day
|
| Delay to obtain trial dates once
the certificate of readiness is issued. |
- Varies depending on the
jurisdiction
|
| Rules of discovery | Delay to
examine before plea | Delay to examine after plea |
- No plea entered
- Any party to an action may
examine for discovery, once, any other party who is adverse in
interest
- Undertakings are given to the
parties during discovery and it usually takes between 2 to 3 months
to obtain answers to undertakings
- Must obtain Court permission to
examine non parties
|
| Affidavit of documents: which
documents? Under which circumstances? |
- Notice Requiring Affidavit of
Documents (Form 31A)
- The party receiving the Notice
Requiring Affidavit of Documents has 10 days to file and serve on
every other party an Affidavit of Documents
- Affidavit of Documents contains
list and description of all documents related to a matter in issue
in the action
- Documents in the possession or
control of a party to the action must be produced for inspection
upon request, unless they are privileged
|
| Court settlement Conference: a
mandatory process or not? |
|
| Mediation |
|
| Simplified procedures (fast
track and Small claims Court) (monetary limits) |
- Rule 79 - Simplified procedure
(for claims under $75,000.00);
- Small Claims Act (for
all claims of $12,500.00 or less)
|
The RMC member firm in New Brunswick is:
