TABLE OF CONTENTS

THE QUEEN’S BENCH RULES

TABLE OF CONTENTS

TABLE OF CONTENTS

CONTENTS

PART 1: Foundational Rules

PART 2: The Parties to Litigation

PART 3: Court Actions

PART 4: Managing Litigation

PART 5: Disclosure of Information

PART 6: Resolving Issues and Preserving Rights

PART 7: Resolving Claims without a Full Trial

PART 8: Expedited Procedure

PART 9: Trial

PART 10: Judgments and Orders

PART 11: Recoverable Costs of Litigation, Assessment of Costs and Sanctions

PART 12: Service of Documents

PART 13: Technical Rules

PART 14: Appeals to Queen’s Bench

PART 15: Family Law Proceedings

PART 16: Probate and Administration of Estates

PART 17: Definitions

PART 18: Transitional Rules and Coming Into Force

TABLE OF CONTENTS

TABLE OF CONTENTS

TABLE OF CONTENTSQueen’s Bench Rules

PART 1: FOUNDATIONAL RULES

DIVISION 1

Citation of Rules

1-1 How to cite these rules

DIVISION 2

Purpose and Intention of the Rules

1-2 What these rules do1-3 Purpose and intention of these rules

DIVISION 3

Authority of the Court

1-4 General authority of the Court to provide remedies1-5 Orders respecting practice or procedure1-6 Rule contravention, non-compliance and irregularities

DIVISION 4

Interpreting These Rules

1-7 Interpreting these rules1-8 Conflicts and inconsistencies with enactments1-9 Where definitions are located

PART 2: THE PARTIES TO LITIGATION

DIVISION 1

Facilitating Legal Actions

Subdivision 1Estates with a Personal

Representative or Trustee2-1 Actions by or against personal representatives and trustees2-2 Court may order service and add parties2-3 All personal representatives and trustees must be parties

Subdivision 2Partnerships

2-4 Action by partners2-5 Action against partners2-6 Defence2-7 Disclosure of members of partnership2-8 Irregularity

Subdivision 3Sole Proprietors and Other Entities

2-9 Actions by and against sole proprietors2-10 Representative actions2-11 Representation order

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Subdivision 4Intervenors

2-12 Intervenor status2-13 Leave to intervene as a friend of the Court

DIVISION 2

Litigation Representatives

Subdivision 1Persons Under Disability

2-14 Minor may proceed as adult or by litigation guardian2-15 Rules re appointment of litigation guardian for minor2-16 If minor becomes adult2-17 Approval of settlement2-18 Litigation guardian for adult person and person under mental disability2-19 Rules apply to litigation guardian2-20 Duty and power of litigation guardian2-21 Substitution of litigation guardian2-22 Litigation guardian – no costs or compensation without order

Subdivision 2Estates with No Personal Representative or Trustee

2-23 Action against estate where no personal representative2-24 Action by estate where no personal representative2-25 Unrepresented estate2-26 Appointment of administrator ad litem

2-27 Powers of administrator ad litem

2-28 Administrator ad litem is trustee – Court approval required re actions2-29 Court may make orders or give directions2-30 Where action not defeated2-31 Enforcement of judgment against person other than administrator ad litem

2-32 Rules apply to trusts and administration actions

DIVISION 3

Self Representation before the Court

2-33 Self-represented litigants

DIVISION 4

Lawyer of Record

2-34 Lawyer required2-35 Students-at-law2-36 Lawyer of record2-37 Duties of lawyer of record2-38 Verifying lawyer of record2-39 Retaining a lawyer for limited purposes2-40 Change in lawyer of record or self-representation2-41 Withdrawal of lawyer of record2-42 Service after lawyer ceases to be lawyer of record2-43 Withdrawal after trial date scheduled2-44 Automatic termination of lawyer of record and resolving difficulties

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PART 3: COURT ACTIONS

DIVISION 1

Court Actions and their Venue

3-1 Rules govern Court actions3-2 How to start an action3-3 Determining the appropriate judicial centre3-4 Appropriate judicial centre – Adult Guardianship and Co-decision-making Act

3-5 Claim regarding land3-6 Transfer of an action3-7 Where an action is carried on3-8 Where applications and originating applications may be heard

DIVISION 2

Actions Started by Statement of Claim

Subdivision 1Statement of Claim

3-9 Contents of statement of claim

Subdivision 2Time Limit for Service of

Statement of Claim3-10 Time for service of statement of claim3-11 Effect of not serving a statement of claim in time

Subdivision 3Defence to a Statement of Claim,

Reply to Defence and Demand for Notice

3-12 Variation of time for defence3-13 Defendant’s options3-14 Objection to jurisdiction

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3-15 Statement of defence3-16 Additional options for defendant who files a defence3-17 Reply to a defence3-18 Demand for notice by defendant3-19 Judgment or order by agreement

Subdivision 4Failure to Defend

3-20 Default of defence by minor3-21 Default of defence3-22 Claim for debt or liquidated demand3-23 Claim for pecuniary damages or detention of goods3-24 Claim for debt or liquidated demand and pecuniary damages or detention of goods3-25 Claim for recovery of land only or with other remedy3-26 Judgment in other actions3-27 Where a defence is delivered to part of claim only3-28 Judgment entered in excess of amount due3-29 Limitation on when judgment or noting in default can occur

Subdivision 5Cross-claims: Claims Against

Co-defendants

3-30 Cross-claims

Subdivision 6Third Party Claims

3-31 When a third party claim can be filed3-32 Form of third party claim3-33 Third party defendant becomes a party

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3-34 Third party defendant’s options3-35 Other parties’ options3-36 Third party statement of defence3-37 Rules re a third party statement of defence3-38 Default of defence3-39 Plaintiff ’s reply to third party defence3-40 Application of rules to third party claims3-41 No prejudice or delay to plaintiff

Subdivision 7Counterclaims

3-42 Right to counterclaim3-43 Contents of counterclaim3-44 Statement of defence to counterclaim3-45 Default of defence to counterclaim3-46 Status of counterclaim3-47 Claiming a set-off3-48 Application of rules to counterclaims

DIVISION 3

Actions Started by Originating Application

Subdivision 1General Rules

3-49 Actions started by originating applications3-50 Service of originating application, evidence and written argument3-51 Application of Part 4 and Part 5 to originating applications3-52 Service and filing of affidavits and other evidence in reply and response

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3-53 Application of statement of claim rules to originating applications3-54 Questioning on an affidavit3-55 Originating application evidence (other than judicial review)

Subdivision 2Additional Rules Specific to Originating Applications for

Judicial Review3-56 Originating application for judicial review3-57 Notice to obtain record of proceedings3-58 Sending in certified record of proceedings3-59 Other circumstances when a record of proceedings may be required3-60 Interim orders and stay of proceedings3-61 Additional remedies on judicial review3-62 Rules adopted under Criminal Code

Subdivision 3Additional Rules Specific to

Originating Applications for Judicial Review: Habeas Corpus

3-63 Originating application for judicial review: habeas corpus

3-64 Habeas corpus ad subjiciendum

3-65 Order of habeas corpus

3-66 Enforcement by committal for contempt3-67 Directions on hearing3-68 When fees payable3-69 Rules apply to other habeas corpus

3-70 Rules adopted under Criminal Code

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DIVISION 4

Request for Particulars, Amendments to Pleadings and

Close of Pleadings

3-71 Request for particulars3-72 Amending a pleading3-73 Identifying amendments to pleadings3-74 Time limit for application to disallow amendment to a pleading3-75 Costs3-76 Close of pleadings

DIVISION 5

Refining Claims and Changing Parties

Subdivision 1Joining and Separating Claims

and Parties3-77 Joining claims3-78 Parties joining to bring an action3-79 Mandatory joining of parties3-80 Separating claims3-81 Consolidation or separation of claims and actions3-82 Directions for consolidation or separation of claims3-83 Incorrect parties are not fatal to actions

Subdivision 2Changes to Parties

3-84 Court may add necessary parties3-85 Person may apply to be added3-86 Action to be taken when defendant or respondent added3-87 Judgment may stand where party given leave to defend

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DIVISION 6

Class Action Rules

3-88 Interpretation of Division3-89 Application of Division3-90 Application to the Chief Justice3-91 Conferences3-92 Application by defendant3-93 Application for certification3-94 Amendments to pleadings in class actions3-95 Discovery3-96 Notices3-97 Agreements respecting fees and disbursements

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PART 4: MANAGING LITIGATION

DIVISION 1

Responsibilities of the Parties

4-1 Responsibilities of the parties to manage litigation4-2 What the responsibility includes

DIVISION 2

Court Assistance in Managing Litigation

4-3 Issues of fact, preparing and settling4-4 Assistance by the Court4-5 Request for case management4-6 Appointment of case management judge4-7 Authority of the case management judge4-8 Appearance at case management conference4-9 Case management judge presiding at summary judgment hearing and trial

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DIVISION 3

Dispute Resolution

Subdivision 1Mandatory Mediation

4-10 Mandatory mediation

Subdivision 2Pre-trial Conference

4-11 Obtaining a date for pre-trial conference4-12 Purpose of pre-trial conference4-13 Pre-trial briefs4-14 Witness lists4-15 Participants at pre-trial4-16 Use of transcript of questioning or affidavit in answer to written questions at pre-trial conference4-17 Adjournment of pre-trial conference4-18 Documents resulting from pre-trial conference4-19 Confidentiality and use of information4-20 Trial date4-21 Trial judge other than pre-trial judge

DIVISION 4

Security for Payment of a Costs Award

4-22 Security for costs in the discretion of the Court4-23 Application procedure4-24 Considerations for a security for costs order4-25 Contents of security for costs order

DIVISION 5

Settlement Using Court Process

4-26 Formal offers to settle4-27 Acceptance of formal offer to settle4-28 If costs are not dealt with in formal offer4-29 Status of formal offers4-30 Confidentiality of formal offers4-31 Costs consequences of formal offer to settle4-32 When this Division does not apply

DIVISION 6

Payment into and out of Court

Subdivision 1Tender

4-33 Payment into Court where defence of tender

Subdivision 2Satisfaction

4-34 Payment into Court as satisfaction

Subdivision 3General

4-35 Costs, where judgment less than amount paid into Court4-36 Interest4-37 Payment out, where all claims not satisfied4-38 Money remaining in Court4-39 Defendant may surrender counterclaim4-40 Where payment into Court by third party4-41 Payment out4-42 Application to other claims4-43 Issuance of judgment

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DIVISION 7

Delay in an Action

4-44 Application to deal with delay4-45 Agreement about delay4-46 Notice after one year

DIVISION 8

Transfer and Transmission of Interest

4-47 Orders on transfer or transmission of interest4-48 Death has no effect on an action after evidence heard

DIVISION 9

Discontinuance

4-49 Discontinuance or withdrawal of claim4-50 Discretionary stay of subsequent action pending payment4-51 Discontinuance of defence

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PART 5: DISCLOSURE OF INFORMATION

DIVISION 1

Purpose of Part

5-1 Purpose of this Part

DIVISION 2

How Information is Disclosed

Subdivision 1Introductory Matters

5-2 Disclosure not admission of relevancy5-3 Modification or waiver of this Part5-4 Confidentiality and use of information

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Subdivision 2Disclosing and Identifying Documents

Relevant to Any Matter in Issue5-5 When an affidavit of documents must be served5-6 Form and content of affidavit of documents5-7 Electronic documents5-8 Listing documents5-9 Who makes an affidavit of documents5-10 Subsequent disclosure of documents5-11 Notice to produce documents5-12 Default in disclosure or production5-13 Verified copies5-14 Non-compliance with notice or order for disclosure or inspection5-15 Obtaining documents from others5-16 Admissions of authenticity of documents5-17 Undisclosed documents not to be used without permission

Subdivision 3Questions to Discover Documents and

Information Relevant to Any Matter in Issue

5-18 People who can be questioned5-19 Questioning one who is or has been an officer or employee of a corporation5-20 When non-parties may be questioned5-21 Costs of questioning5-22 When questioning is to take place5-23 Appointment for questioning a person who resides in Saskatchewan5-24 Questioning a person who resides outside Saskatchewan5-25 Preparation for questioning5-26 Explanatory questioning and re-questioning

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5-27 Objections by witness5-28 Questioning under oath or affirmation5-29 Transcript of oral questioning5-30 Exhibits on questioning to be marked and produced at trial5-31 Continuing duty to disclose5-32 Written questions5-33 Undertakings5-34 Use of transcript and answers to written questions5-35 Special report of official court reporter5-36 Penalties for refusal or neglect to answer

DIVISION 3

Experts and Expert Reports

5-37 Duty of expert witness5-38 Appointment of joint experts5-39 Service of expert report5-40 Timing of exchange of expert reports5-41 Objection to expert’s report5-42 Questioning experts before trial5-43 Continuing obligation on expert5-44 Use of expert’s report at trial without expert5-45 Expert’s attendance at trial5-46 Appraisal report in evidence

DIVISION 4

Medical Examinations and Reports

5-47 Medical report in evidence5-48 Rules 5-39 to 5-45 not to apply to restricted professional report5-49 Examination of party by medical practitioner

PART 6: RESOLVING ISSUES AND PRESERVING RIGHTS

DIVISION 1

Applications to the Court

6-1 What this Division applies to

Subdivision 1Application Process Generally

6-2 Interpretation of Subdivision6-3 Applications generally6-4 Procedure on applications without notice6-5 Contents of notice of application6-6 Affidavits in support6-7 Chambers sittings6-8 Applications in chambers6-9 Length of notice for an application6-10 Service of notice of application before defence6-11 Court may direct application to be turned into application for judgment or hearing

Subdivision 2Evidence, Argument and

Procedure on Applications6-12 Affidavits to be filed6-13 Evidence on applications6-14 Filing of affidavits re applications6-15 Brief of law6-16 Adjournment by consent or by Court6-17 Electronic hearings6-18 Hearing without oral argument6-19 How the Court considers applications6-20 Proceeding failing by non-attendance of party6-21 Applications may include several matters, and Court power to make orders

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Subdivision 3Appearance Day Applications

6-22 Interpretation of Subdivision 6-23 When appearance day application appropriate6-24 Appearance day notice6-25 How appearance day applications are to be dealt with6-26 Evidence on appearance day application6-27 Disposition of appearance day application

DIVISION 2

Preserving Evidence, Obtaining Evidence, and Obtaining Evidence

for Courts and Tribunals Outside Saskatchewan

6-28 Interpretation of Division

Subdivision 1Preserving Evidence and

Obtaining Evidence6-29 Examination of witnesses and persons6-30 Witness’s or person’s failure to comply6-31 Return and use of depositions and special reports6-32 Practice on taking evidence6-33 Action to preserve testimony

Subdivision 2Obtaining Evidence for Courts and Tribunals Outside Saskatchewan

6-34 Court may order examination of person and production of documents6-35 Application without notice

6-36 Person has right to refuse to answer questions6-37 Depositions6-38 Certificate of registrar6-39 Applications pursuant to The Evidence Act and the Canada Evidence Act

DIVISION 3

Preserving and Protecting Property or its Value and Inspection of Property

6-40 Interpretation of Division6-41 How applications are made6-42 Interim preservation of property6-43 Order for early trial to avoid going into merits on interlocutory applications6-44 Detention, preservation or inspection of property6-45 Application for preservation and inspection6-46 Order for delivery of specific personal property claimed under lien or payment into Court6-47 Allowance out of property while the action is pending6-48 Injunction against wrongful act or breach of contract6-49 Mandamus to be claimed in statement of claim

DIVISION 4

Facilitating Proceedings

6-50 Admission of other party’s case6-51 Notice to admit facts6-52 Judgment on admissions6-53 Order to produce prisoner

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DIVISION 5

Resources to Assist the Court

Subdivision 1Experts

6-54 Appointment of court experts6-55 Instructions or questions to the court expert6-56 Application to question court expert6-57 Costs of court experts

Subdivision 2Inquiries and Accounts

6-58 When and how inquiries and accounts are taken6-59 How an application is made6-60 Special directions as to mode of taking account6-61 Account6-62 Expediting proceedings, case of undue delay6-63 Certificate6-64 Referral to Court6-65 Application to vary after certificate binding6-66 Reference for assessment of damages6-67 Where continuing cause of action

DIVISION 6

Replevin

6-68 Recovery of goods unlawfully detained6-69 Issue of replevin order6-70 Replevin security6-71 Service of copy of replevin order where property secured or concealed from sheriff

6-72 Defendant’s right to retain on giving security6-73 Sheriff ’s return to replevin order

DIVISION 7

Interpleader

6-74 Interpretation of Division6-75 Cases in which relief by interpleader granted6-76 Matters to be proved by applicant6-77 Adverse titles6-78 Defendant applying6-79 Form of application and notice6-80 Claimant defaulting6-81 Summary disposal of issue6-82 Question of law6-83 Appeal decision otherwise final6-84 Discovery, powers of Court, costs6-85 Sheriff ’s interpleader6-86 Judgment creditor admitting claim6-87 Judgment creditor not admitting or disputing6-88 One application only6-89 Delivery of property to claimant pending adjudication, sale of perishable goods

6-90 Order for sale of goods

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PART 7: RESOLVING CLAIMS

WITHOUT A FULL TRIAL

DIVISION 1

Trial of Particular Questions or Issues

7-1 Application to resolve particular questions or issues

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DIVISION 2

Summary Judgment

7-2 Application for summary judgment7-3 Evidence on application7-4 Briefs required7-5 Disposition of application7-6 Directions and terms7-7 Stay of enforcement7-8 Proceedings after summary judgment against a party

DIVISION 3

Striking Out or Amending Pleading or Document and Related

Powers of Court

7-9 Striking out a pleading or other document, etc. in certain circumstances

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PART 8: EXPEDITED PROCEDURE

8-1 Application of other rules8-2 When Part applies8-3 Subsequent filings8-4 Judgment not limited8-5 When Part ceases to apply8-6 Bringing an application8-7 Oral questioning8-8 Pre-trial conference8-9 If trial will require more than 3 days8-10 Affidavit evidence at trial8-11 Costs8-12 Settlement offers8-13 Taxes to be added to costs

PART 9: TRIAL

DIVISION 1

Mode of Trial

9-1 Demand for jury

DIVISION 2

Scheduling of Trial Dates

9-2 Setting down for trial9-3 Fee for setting down9-4 Adjournment of trial date9-5 Lists of trials to be provided by local registrar

DIVISION 3

Attendance of Witnesses at Trial

9-6 Witness must be listed in witness list9-7 Form of praecipe for subpoena9-8 Form of subpoena9-9 Service of subpoena9-10 How long subpoena to remain in force9-11 Requiring attendance of witnesses

DIVISION 4

Procedure at Trial

9-12 Notice to produce documents9-13 Party not appearing9-14 Postponement or adjournment of trial9-15 Witnesses may be excluded9-16 Unavailable witness9-17 Notice of persons not intended to be called as witnesses

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9-18 Number of experts9-19 Witnesses to be examined orally unless otherwise ordered9-20 Evidence by telephone or audio-visual method9-21 Admissibility of evidence; life expectancy, interest rate, dollar value9-22 Reading of evidence taken in other causes9-23 Evidence in mitigation for damages in actions for libel and slander9-24 Cross-examination, vexatious or irrelevant questions9-25 Accidental omission to prove material fact or document9-26 Application for dismissal at close of plaintiff ’s case9-27 Addresses to jury or to Court9-28 Inspection by a judge, inspection by jury9-29 Delivery of judgment9-30 Trial book9-31 Minute of verdict, judgment or order9-32 Use of trial evidence in subsequent proceedings9-33 Recording of proceedings

Appendix 1

Appendix 2

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PART 10: JUDGMENTS AND ORDERS

DIVISION 1

Preparation and Entry of Judgments and Orders

10-1 Time to be stated for doing any act ordered to be done10-2 Notifying parties of decision or filing of reasons for judgment10-3 Form of order10-4 Preparation of judgments and orders10-5 Entry of judgment10-6 Judgment against partners or partnership10-7 Orders granted in chambers10-8 Enforcing return of writ or order by sheriff10-9 Recording judgments, decrees and orders, certified copies

DIVISION 2

Amendments, Further Orders, Setting Aside, Varying and Discharging

Judgments and Orders

10-10 Amendment of judgment or order10-11 Further directions after judgment10-12 New judgment by notice10-13 Setting aside default judgment10-14 Satisfaction of judgment10-15 Consent to discharge of order

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DIVISION 3

Enforcement of Judgments and Orders

10-16 Judgment or order to be obeyed without demand10-17 Conditional judgment, breach or non-performance of condition10-18 Enforcing payment of money

DIVISION 4

Executions

Subdivision 1Executions Generally

10-19 Execution of judgment on condition10-20 Leave to issue execution in certain cases10-21 Set-off of judgments10-22 Enforcement of orders10-23 Execution by or against a person not a party10-24 Application for remedy by judgment debtor10-25 Court may order act to be done at expense of party refusing10-26 Enforcement of judgment against corporation10-27 Execution of delivery of property or recovery of assessed value10-28 Writ of possession for recovery of land10-29 Order for committal10-30 Recovery of land and costs10-31 Writ of sequestration10-32 When committed to jail for contempt Court may modify order

Subdivision 2Discovery in Aid of Execution

10-33 Questioning of judgment debtor10-34 If difficulty enforcing judgment other than for money10-35 Conduct money, production of documents, rules of questioning, disobedience10-36 Costs

DIVISION 5

Foreclosure and Cancellation Proceedings

10-37 Foreclosure actions, Recovery on covenant only10-38 Actions pursuant to The Land Contracts (Actions) Act or The Limitation of Civil Rights Act

10-39 Appointment to hear application10-40 Claim in mortgage action10-41 Service on parties interested10-42 Certificates by local registrar and lawyer10-43 Determination of amount due10-44 Immediate possession in or after order nisi10-45 Actions respecting agreements for sale of land

DIVISION 6

Sale of Land and Partition

10-46 Court may order sale of real property

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10-47 Manner of carrying out sale, mortgage, etc., when ordered by Court10-48 Order for sale in debenture holders’ action10-49 Sale requires approval of Court10-50 Special directions

DIVISION 7

Registration of Judgments Made Outside Saskatchewan

10-51 Registration of judgments made outside Saskatchewan

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PART 11: RECOVERABLE COSTS OF LITIGATION, ASSESSMENT OF COSTS AND SANCTIONS

DIVISION 1

Awarding and Fixing of Costs by the Court

Subdivision 1Discretion Generally

11-1 Discretion of Court11-2 Time for dealing with costs11-3 If proceeding dismissed for want of jurisdiction11-4 Directions to assessment officer

Subdivision 2Discretion in Special Cases

11-5 Costs of a litigation guardian

Subdivision 3Costs Provisions that Apply Unless

Otherwise Ordered11-6 Costs rules apply unless Court orders otherwise11-7 Costs follow the event11-8 Costs in interlocutory proceedings11-9 Costs on appeal

DIVISION 2

Assessment of Costs

Subdivision 1General

11-10 Interpretation of Division11-11 How costs are to be assessed

Subdivision 2Assessment Procedure

11-12 Time for assessment of costs11-13 Assessment at instance of party entitled11-14 Assessment at instance of party liable11-15 Power and authority of assessment officer11-16 Certificate of assessment11-17 Assessment procedure in certain cases

Subdivision 3Assessment of Party and Party Costs

11-18 Assessment in accordance with Tariff11-19 Assessment of fees in accordance with Tariff11-20 Solicitor and client costs11-21 Factors to be considered on assessment

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Subdivision 4Review of Assessment

11-22 Review of assessment

Subdivision 5Assessment pursuant to The Legal

Profession Act, 199011-23 Assessment of lawyer’s bill of costs

DIVISION 3

Sanctions

Subdivision 1Penalty

11-24 Costs against a lawyer

Subdivision 2Civil Contempt of Court

11-25 Order to appear11-26 Declaration of civil contempt11-27 Punishment for civil contempt of Court

DIVISION 4

Vexatious Proceedings

11-28 Vexatious proceedings

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PART 12: SERVICE OF DOCUMENTS

DIVISION 1

Discretion of Court to Validate or Set Aside Service

12-1 Validating or setting aside service

DIVISION 2

Modes of Service

12-2 Personal service12-3 Requirements for Acknowledgement of Service12-4 Service by alternative modes

DIVISION 3

Special Modes of Service on Certain Persons

12-5 Service on corporation12-6 Service on proprietorships, partnerships and other unincorporated entities12-7 Agent of corporation or unincorporated entity12-8 Service on a person having no legal capacity12-9 Service on a person represented by a lawyer

DIVISION 4

Substituted Service

12-10 Substituted service

DIVISION 5

Service outside Saskatchewan

12-11 Manner of service12-12 Service pursuant to the Hague Convention

DIVISION 6

Effective Date of Service

12-13 Effective date of service

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DIVISION 7

Proof of Service

12-14 Acknowledgment or certificate of service12-15 Affidavit of service12-16 Service outside Saskatchewan

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PART 13: TECHNICAL RULES

DIVISION 1

Judge Unable to Continue

13-1 When one judge may act in place of or replace another

DIVISION 2

Calculating Time

13-2 Application of these rules for calculating time13-3 Time less than 6 days13-4 Counting days13-5 Counting months and years13-6 Time expiring on Sunday or when offices closed13-7 Variation of time periods

DIVISION 3

Pleadings

13-8 Pleadings: general requirements13-9 Pleadings: particulars13-10 Pleadings: allegations as a fact13-11 Pleadings: other contents13-12 Pleadings: remedy13-13 Pleadings: payment into Court13-14 Pleadings: specific requirements for replies13-15 Pleadings: specific requirements for class proceedings

13-16 Pleadings: specific requirements for expedited procedure13-17 True allegations to be admitted13-18 Pleadings: denial of facts13-19 Pleadings: Court may direct costs

DIVISION 4

Filed Documents

Subdivision 1Contents and Filing

13-20 Requirements for all filed documents13-21 Address for service13-22 Endorsements on documents13-23 When a document is determined to be filed13-23.1 Filing deadlines13-24 When a commencement document is determined to be issued13-25 Filing or issuing by mail or courier13-26 Filing or issuing by fax13-27 Issuing by telephone13-28 Deviations from and changes to Forms13-29 Amendments to documents other than commencement documents, pleadings or affidavits

Subdivision 2Form and Contents of Affidavits

and Exhibits13-30 Affidavit to be on knowledge or belief13-31 Requirements for affidavits13-32 Alterations in affidavits13-33 Scandalous matter13-34 Requirements for exhibits to an affidavit13-35 Affidavits by the visually impaired or those unable to read

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13-36 Understanding an affidavit13-37 More than one individual swearing or affirming an affidavit13-38 Use of filed affidavits

Subdivision 2.1Briefs of Law

13-38.1 Briefs of law

Subdivision 3Lost and Concurrent Documents, Certified Copies, Authenticated

Photographs and Video Recordings13-39 Lost documents13-40 Certified copies of original documents13-41 Video recordings in place of transcripts

DIVISION 5Proceedings By and Against Fee

Waiver Certificate Holders

13-42 Interpretation of Division and rules re Fee Waiver Certificate Holders13-43 Application for certificate 13-44 Holders of previously-issued certificates13-45 Material change in circumstances13-46 Security for costs; issuance of certificate after order13-47 Leave required by certificate holder re involvement in legal proceedings13-48 Stay of proceedings13-49 Confidentiality13-50 Increased means to be reported13-51 Recovery of costs13-52 Conducting lawyer to sign proceedings

13-53 Security for costs; issue of certificate following order13-54 Leave required by needy person re involvement in legal proceedings13-55 Stay of proceedings

DIVISION 6

Moneys in Court

13-56 Investment of moneys in Court13-57 Moneys to be paid into chartered bank or credit union13-58 Limitation on interest13-59 Payment out in small intestate estates13-60 Certificate of local registrar re third party

DIVISION 7

Transfer of Proceedings

13-61 Application of rules13-62 Transfer of proceeding to a court outside Saskatchewan13-63 Transfer of proceeding to Saskatchewan13-64 Parties to be notified

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PART 14: CIVIL APPEALS TO

QUEEN’S BENCH

14-1 Appeal by motion14-2 Appeal not a stay14-3 Evidence

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PART 15: FAMILY LAW

PROCEEDINGS

DIVISION 1

Interpretation and Application

15-1 Interpretation of Part15-2 Application

DIVISION 2

General Matters

15-3 Private hearings15-4 Access to Court records15-5 Confidentiality15-6 Commencing a family law proceeding – petition15-7 Proof of marriage15-8 Joinder, raises all issues15-9 Parties15-10 Venue, transfer of family law proceedings15-11 Service15-12 Proof of service15-13 Time for service15-14 Answer15-15 Counter-petition15-16 Demand for notice15-17 Reply15-18 Noting of default15-19 Applications15-20 Affidavit evidence15-21 Setting down for trial, pre-trial conference required15-22 Evidence15-23 Uncontested family law proceeding – general15-24 Judgments and orders15-25 Costs

DIVISION 3

Financial Disclosure

15-26 Certain Forms prescribed15-27 When statements required15-28 When statements not required15-29 Child support - income information15-30 Financial statements in custody proceedings15-31 Joint petition or application15-32 Documents that require filing of statements15-33 Notice to disclose15-34 Notice to reply to written questions15-35 Application for directions15-36 Order where failure to disclose15-37 Correcting and updating15-38 Disclosure by non-parties15-39 Failure to obey order respecting disclosure

DIVISION 4

Proceedings pursuant to the Divorce Act

15-40 Written notification from central registry required15-41 Uncontested divorce proceeding15-42 Joint divorce proceeding15-43 Judgment of divorce15-44 Certificate of divorce15-45 Registration of order15-46 Notice of appeal15-47 Local registrar to forward forms15-48 Corollary relief proceeding

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DIVISION 5

Variation of Orders

15-49 Commencement – application for variation15-50 Affidavit in support15-51 Copies of documents required15-52 Other provisions apply15-53 Local registrar to forward order – Divorce Act (Canada)

DIVISION 6

Children

15-54 Children must be named15-55 Discovery only by leave15-56 Custody and access assessments15-57 Child support - required documents15-58 Application to appoint mediator

DIVISION 7

Certain Uncontested Family Law Proceedings

15-59 Judicial separation or nullity of marriage15-60 Judgment pursuant to The Children’s Law Act, 1997

15-61 Judgment pursuant to The Family Maintenance Act, 1997

DIVISION 8

Enforcement pursuant to The Enforcement of Maintenance

Orders Act, 199715-62 Enforcement of judgments and orders

DIVISION 9

Inter-jurisdictional Support Orders and Provisional Support Orders

15-63 Interpretation of Division15-64 Application of Division15-65 Translation of documents15-66 Registration of final orders15-67 Provisional order made in Saskatchewan15-68 Confirmation of provisional order made outside Saskatchewan

DIVISION 10

Proceedings pursuant to The International Child Abduction Act, 1996

15-69 Interpretation of Division15-70 Application of Division15-71 Commencement of proceeding15-72 Affidavit in support15-73 Evidence in support15-74 Service of application15-75 Applications to be dealt with expeditiously15-76 Powers of presiding judge15-77 Costs

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PART 16: PROBATE AND

ADMINISTRATION OF ESTATES

DIVISION 1

Application and Interpretation

16-1 Application16-2 Interpretation of Part

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TABLE OF CONTENTS

DIVISION 2

Court Administration

16-3 Notice of application16-4 Registrar to be notified16-5 Scope of registrar’s certificate16-6 Signing and sealing of grant16-7 Certificate re no person under age 1816-8 Local registrar’s duties re: wills16-9 Information on registrar’s certificate

DIVISION 3

Proofs Leading to Grant

Subdivision 1Proof of Death

16-10 Proof of death

Subdivision 2Applications for Grant in General

16-11 Applications for grant in general16-12 General requirements for applications16-13 Signature on application and affidavit of applicant16-14 Statement of property required16-15 Special circumstances

Subdivision 3Grants of Probate

16-16 Grants of probate16-17 Grant re testamentary document16-18 Application for grant of probate16-19 Proof of execution of will16-20 Other documents to be produced

16-21 Proof of lost will16-22 Translation of a will

Subdivision 4Grants of Administration

16-23 Grants of administration16-24 Priority of right to apply16-25 Application for administration16-26 Conditions for grant of administration16-27 Grant to no more than 3 persons16-28 Power of attorney for application16-29 Grant of letters of administration de bonis non

16-30 Affidavit re search for will16-31 Bond16-32 Request to dispense with bond

Subdivision 5International Wills

16-33 International wills

Subdivision 6Resealing Foreign Grants

16-34 Resealing foreign grants

Subdivision 7Ancillary Grants

16-35 Ancillary grants

Subdivision 8Applications for Small Estates or

in Special Circumstances16-36 Applications for small estates or in special circumstances

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TABLE OF CONTENTS

DIVISION 4

Contentious Business

Subdivision 1Intervention

16-37 Intervention

Subdivision 2Caveats

16-38 Caveats16-39 Filing caveat16-40 Withdrawal of caveat16-41 Issuance of grant16-42 Notification of applicant and caveator16-43 Application for resolution

Subdivision 3Compelling Production of Will

16-44 Compelling production of will16-45 Compelling production of testamentary document

Subdivision 4Applications

16-46 Applications to prove will in solemn form16-47 Revoking a grant

DIVISION 5

Accounts

Subdivision 1Advertising for Creditors

16-48 Advertising for creditors

Subdivision 2Passing of Accounts

16-49 Passing of accounts16-50 Failure to file16-51 Powers of Court if administration of trust accounts not rendered16-52 Verification of accounts16-53 Examination of accounts16-54 Referring disputed account to Court16-55 Certificate of examining officer16-56 Order for passing of accounts

Subdivision 3Discharge Without Passing Accounts

16-57 Discharge without passing accounts

DIVISION 6

Fees and Costs

16-58 Fees and costs

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PART 17: DEFINITIONS17-1 Definitions17-2 Requirements for stating address for service17-3 Reference aids17-4 Application of The Interpretation Act, 1995

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PART 18: TRANSITIONAL RULES AND COMING INTO FORCE

18-1 Interpretation of Part18-2 New rules apply to existing proceedings18-3 Resolution of difficulty or doubt18-4 Repeal18-5 Coming into force

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