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Annotated Rules of Civil Procedure

Each of the the annotated rules is available as an Acrobat file. These Annotated Rules of Civil Procedure are updated in September of each year and a notice is placed on the web site that a particular Rule or Rules have been updated. Since the Supreme Court of P.E.I. adopted the Ontario Rules of Civil Procedure in 1990, a substantial number of written decisions have been given by the Court addressing issues of interpretation and application of the Rules. The Annotated Rules collect and summarize these decisions.

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LISTED AMENDMENTS

GENERAL MATTERS

  1. Citation, Application and Interpretation
  2. Non-compliance with the Rules
  3. Time
  4. Court Documents

PARTIES AND JOINDER

  1. Joinder of Claims and Parties
  2. Consolidation or Hearing Together
  3. Parties under Disability
  4. Partnerships and Sole Proprietorships
  5. Estates and Trusts
  6. Representation Order
  7. Transfer or Transmission of Interest
  8. Representative Proceedings
  9. Intervention

COMMENCEMENT OF PROCEEDINGS

  1. Originating Process
  2. Representation by Solicitor

SERVICE

  1. Service of Documents
  2. Service outside Prince Edward Island
  3. Time for Delivery of Statement of Defence

DISPOSITION WITHOUT TRIAL

  1. Default Proceedings
  2. Summary Judgment
  3. Determination of an Issue before Trial
  4. Special Case
  5. Discontinuance and Withdrawal
  6. Dismissal of Action for Delay

PLEADINGS

  1. Pleadings in an Action
  2. Amendment of Pleadings
  3. Counterclaim
  4. Crossclaim
  5. Third Party Claim

DISCOVERY

  1. Discovery of Documents
       30.1 Deemed Undertaking
  2. Examination for Discovery
  3. Inspection of Property
  4. Medical Examination of Parties

EXAMINATION OUT OF COURT

  1. Procedure on Oral Examinations
  2. Procedure on Examination for Discovery by Written Questions
  3. Taking Evidence before Trial

MOTIONS AND APPLICATIONS

  1. Motions - Jurisdiction and Procedure
  2. Applications - Jurisdiction and Procedure
  3. Evidence on Motions and Applications

PRESERVATION OF RIGHTS IN PENDING LITIGATION

  1. Interlocutory Injunction or Mandatory Order
  2. Appointment of Receiver
  3. Certificate of Pending Litigation
  4. Interpleader
  5. Interim Recovery of Personal Property
  6. Interim Preservation of Property

PRE-TRIAL PROCEDURES

  1. Place of Trial
  2. Jury Notice
  3. Setting Down for Trial
  4. Offer to Settle
  5. Pre-Trial Conference
    50.1 Settlement Conferences
  6. Admissions

TRIALS

  1. Trial Procedure
  2. Evidence at Trial

REFERENCES

  1. Directing a Reference
  2. Procedure on a Reference

COSTS

  1. Security for Costs
  2. Costs of Proceedings Between Party and Party and Between Solicitor and Client
  3. Assessment of Costs

ORDERS

  1. Orders
  2. Enforcement of Orders

APPEALS

  1. Appeals to the Appeal Division
  2. Appeals to the Trial Division
  3. Stay Pending Appeal

PARTICULAR PROCEEDINGS

  1. Mortgage Actions
  2. Estates of Deceased Persons
  3. Partition Proceedings
  4. Proceedings concerning the Estates of Infants
  5. Proceedings for Judicial Review
  6. Mental Incompetency Proceedings
  7. Divorce Actions
  8. Family Law Proceeding
  9. Payment into and out of Court
  10. Reciprocal Enforcement of United Kingdom Judgments
  11. Small Claims
  12. Quick Ruling
       75.1 Simplified Procedure
       75.2 Stated Case Procedure

JUDGES' RULES

  1. Winding-Up Act, R.S.C. 1985, c. W-10
  2. Controverted Elections (Provincial) Act
  3. Dominion Controverted Elections Act
  4. Judicial Review Re S. 745(5) of the Criminal Code
  5. Criminal Rule Re Pre-Trial Conferences under S. 625.1(2) of the Criminal Code
  6. Summary Conviction Appeal Rule
  7. Criminal Appeal Rule
  8. Mandamus, Certiorari, Prohibition and Habeas Corpus in Criminal Matters

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