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Other parties and non-parties may submit memoranda in support of or opposition to the motion, and may designate all or part of such memoranda as confidential. Such Status Report is to be filed on the bankruptcy docket and, if applicable, in the Portal. Unless otherwise ordered, the clerk shall tax costs in favor of a prevailing party or parties. Except in matters of account and difficult computation of damages, a reference shall be made only upon a showing that some exceptional condition requires it. (c) Powers.

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The pilot will run for two years from 1 April 2016. For such payment, the applicant shall be issued a certificate of qualification by the Clerk. If authorized by the judge, the prevailing party may submit a proposed order to the Judge hearing the matter at the conclusion of the hearing after permitting all other counsel appearing at the hearing to review the proposed order. While the Office provides the following reasoning regarding claim 1 of Example 29: [C]laim 1 is eligible because steps (a) and (b) of the claim "do not recite or describe any recognized exception" [the example cites Mayo Collaborative Services v.

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The new case number and filing fee requirements apply to cases voluntarily or involuntarily dismissed under Rule 41. Search Virginia Circuit Court case records for most counties and independent cities by county or city, court division, party name, case number and hearing date. Any order dismissing or converting such cases or granting stay relief to the certificate holder prior to confirmation may direct that upon receipt by the tax collector of such order, the tax collector shall request or access the chapter 13 trustee’s ledger reflecting the amounts paid to certificate holders.

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The court may, upon motion, set aside a default judgment previously entered for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) the judgment is void; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; or (4) any other reason justifying relief from the operation of the judgment. C. §1102, or when applicable, those creditors pursuant to Local Rule 2002-1(H); provided, however, that when the proposed use, sale, or lease is of substantially all the property of the estate notice must also be served on all creditors. (B) Contents of Motion.

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The attendance of the examinee and the production of documents may not be required less than 14 days after actual delivery of the notice, except by agreement of the parties or order of the court. Addition to Reporter's Notes, 2007 Amendment: New paragraph (4) of subdivision (b) references the 2007 changes in Administrative Order 3, which clarify when a matter is submitted for decision for purposes of that Order. (a) Claims for Relief. Code Ann. 16-111-101 through 16-111-111 shall be in accordance with these rules, and the right to trial by jury may be demanded under the circumstances and in the manner provided in Rules 38 and 39.

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Penny Cooper

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It is not considered a conflict if a topic that is not addressed in this subchapter appears elsewhere in this chapter. The number of copies to be filed must be prescribed by local rule and may be altered by order in a particular case. (e) Response. Appellant shall file with the court and serve upon the Executive Director a brief, not to exceed 15 pages, within 30 days of receipt by the court of the agreed or approved record. When a matter has been settled and a stipulation has been filed or is expected to be filed within a period not to exceed sixty (60) days, the hearing before the court may be stricken by filing a Request to Remove form ( L.

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If the serving side wins a rally, it scores a point, and serves again but from the alternate service court. In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. I enjoyed the use of footnotes so much that I think I might steal it. Users who notice that their name is missing from the list of authorized users for a given deposit account are encouraged to contact their deposit account administrator to have their name added as a Fee Payer before the October 17 deadline.

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Requirements for Form and Style of Papers. Applications for extensions of time beyond that to which the parties are permitted to stipulate are not favored and will be considered only on motion for good cause clearly shown, or ex parte in cases of extreme and unforeseeable emergency. Rule 42(b) gives the court discretion to grant separate trials where two or more competing claims would otherwise have to be tried together. For example, a motion must be served and filed on the Thursday for a motion date falling on a Friday 29 days later.

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If the procedures discussed above have been attempted and the matter is still not resolved, then your association may need to file a legal enforcement action to obtain the owner’s compliance and to collect monetary penalties and attorney fees. A motion to postpone the argument or to allow longer argument must be filed reasonably in advance of the hearing date. (c) Order and Contents of Argument. The section provides for quarterly updates. Additional case management conferences may be held in the courts discretion and for good cause shown on its motion or a partys request. (a) Previous Action Within State.

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Allan P. Seckel, James C. Macinnis

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Failure of witness to attend, etc. (a) of the service of a subpoena on a witness who fails to attend or to remain in attendance in accordance with the requirements of the subpoena, (b) that proper witness fees have been paid or tendered to that witness, and (c) that the presence of that witness is material to the ends of justice, the court, by its warrant in Form 46 directed to a sheriff or other officer of the court or to a peace officer, may cause that witness to be apprehended and promptly brought before the court and to be detained in custody or released on terms the court may order, and the court may order that witness to pay the costs arising from his or her failure to attend or to remain in attendance. (46)If otherwise admissible, the evidence given on an examination for discovery by a party or by a person examined under Rule 7-2 (5) to (10) may be tendered in evidence at trial by any party adverse in interest, unless the court otherwise orders, but the evidence is admissible against the following persons only: (a) the adverse party who was examined; (c) if the person was examined under section 17 of the Class Proceedings Act as a member of a class, the members of that class. (47)If a person examined for discovery was, at the time of the examination, a former director, officer, employee, agent or external auditor of a party, any part of his or her evidence may be tendered at trial if notice has been served on all parties of record at least 14 days before trial specifying the part of the evidence intended to be given at trial. (48)Any party of record may require the attendance at trial of a person whose evidence taken on examination for discovery is intended to be tendered under subrule (47), and, if the evidence is tendered, all parties of record may cross-examine that person. (49)If part of an examination for discovery is tendered in evidence, the court may review the whole of that examination and if, following the review, the court considers that another part of the examination is closely connected with the part tendered in evidence, it may direct that the other part be tendered as evidence. (50)If, at the time of an examination for discovery, the person examined was an infant or a mentally incompetent person, the examination must not be tendered in evidence unless the trial judge, at the time the evidence is tendered, determines that the person, at the time of the examination, was competent to give evidence. (54)If a witness is dead, or is unable to attend and testify because of age, infirmity, sickness or imprisonment or is out of the jurisdiction or his or her attendance cannot be secured by subpoena, the court may permit a transcript of any evidence of that witness taken in any proceeding, hearing or inquiry at which the evidence was taken under oath, whether or not involving the same parties, to be put in as evidence, but reasonable notice must be given of the intention to give that evidence. (55)In an action in which evidence or argument is taken down by an official reporter or is recorded digitally or on audio tape, it is the duty of the plaintiff, if required by the court, to furnish the court with a certified transcript of the evidence or argument or any portion of it, the costs of which form part of the costs of the action, but if payment of the costs of providing a transcript would be a hardship on a party, the court may order that the transcript be prepared at the expense of the government. (60)A party seeking to tender evidence by affidavit must serve a copy of the affidavit on all parties of record at least 28 days, or such lesser period as may be ordered by the court, before the application referred to in subrule (59). (61)If a copy of an affidavit of a witness is served under subrule (60), any party may, unless the court otherwise orders, require the witness to be called for cross-examination at trial, provided that that party gives to the party seeking to tender the evidence by affidavit notice of the requirement within 14 days after receiving the affidavit. (62)If a copy of an affidavit is served under subrule (60) less than 28 days before the application referred to in subrule (59), the court may extend or abridge the time referred to in subrule (61) within which parties may require the attendance of the witness at trial for cross-examination. (71)At or before a trial, the court may order that evidence of a fact or document may be presented at the trial in any manner, including (a) by statement on oath of information and belief, (b) by documents or entries in books, (c) by copies of documents or entries in books, or (d) by a specified publication that contains a statement of that fact. (72)Addresses to the jury or the court must be as follows: (a) the party on whom the onus of proof lies may open his or her case before giving evidence; (b) at the close of the case of the party who began, the opposite party, if that party announces his or her intention to give evidence, may open his or her case; (c) at the close of all of the evidence, the party who began may address the jury or the court, and the opposite party may then address the jury or the court and the party who began may then reply and the court may allow the opposite party to be heard in response to a point raised in the reply; (d) if a defendant claims relief against another defendant, the defendant claiming relief may address the jury after the defendant against whom relief is claimed; (e) if a party is represented by a lawyer, the rights conferred by this rule must be exercised by the party's lawyer. (73)At or before a trial, the court may make one or both of the following orders in respect of a party's submissions to the court at the trial: (a) an order that all or any part of the submissions be in writing; (b) an order that all or any part of the submissions be of limited length. (a) the administration of the estate of a deceased person, (b) the dissolution of a partnership or the taking of partnership or other accounts, (c) the redemption or foreclosure of a mortgage, (d) the sale and distribution of the proceeds of property subject to any lien or charge, (e) the execution of trusts, (f) the rectification, setting aside or cancellation of a deed or other written instrument, (g) the specific performance of a contract, (h) the partition or sale of real estate, (i) the custody or guardianship of an infant or the care of an infant's estate, or (3)Subject to Rule 15-1 (10) and subrules (2) and (4) of this rule, a party may require that the trial of an action be heard by the court with a jury by doing the following: (a) within 21 days after service of the notice of trial but at least 45 days before trial, (i) filing a notice in Form 47, and (ii) serving a copy of the filed notice on all parties of record; (b) at least 45 days before trial, paying to the sheriff a sum sufficient to pay for the jury and the jury process. (5)Except in cases of defamation, false imprisonment and malicious prosecution, a party on whom a notice under subrule (3) has been served may apply (i) the issues require prolonged examination of documents or accounts or a scientific or local investigation that cannot be made conveniently with a jury, (ii) the issues are of an intricate or complex character, or (iii) the extra time and cost involved in requiring that the trial be heard by the court with a jury would be disproportionate to the amount involved in the action, or (a) subject to subrule (15), may be drawn up by any party, (b) subject to subrule (2) and paragraph (c) of this subrule, must, unless the court otherwise orders, be approved in writing by all parties of record or their lawyers, (c) need not be approved by a party who has not consented to it and who did not attend or was not represented at the trial or hearing following which the order was made, and (d) after approval under this rule, must be left with a registrar to have the seal of the court affixed. (3)Unless these Supreme Court Civil Rules otherwise provide, (a) an order made without a hearing and by consent must be in Form 34, (b) an order made after a trial must be in Form 48, and (c) any other order must be in Form 35. (4)If an order has been made substantially in the same terms as requested, and if the court endorses the notice of application, petition or other document to show that the order has been made or made with any variations or additional terms shown in the endorsement, it is not necessary to draw up the order, but the endorsed document must be filed. (5)If an order may be entered on the filing of a document, the party seeking entry of the order must file the document when leaving the draft order with a registrar, and the registrar must examine the document and, if satisfied that it is sufficient, must enter the order accordingly. (6)If a person who has obtained an order on condition does not comply with the condition, the person is deemed to have abandoned the order so far as it is beneficial to the person and, unless the court otherwise orders, any other person interested in the proceeding may take either the steps the order may warrant or the steps that might have been taken if the order had not been made. (6)A person not a party to a proceeding, who obtains an order or in whose favour an order is made, may enforce the order in the same manner as if the person were a party to the proceeding, and an order that may be enforced against a person not a party to a proceeding may be enforced against that person as if he or she were a party to the proceeding. (7)If a mandatory order or an order for the specific performance of a contract is not obeyed, the court, in addition to or instead of proceeding against the disobedient person for contempt, may direct that the act required to be done may be done so far as is practicable by the person who obtained the order, or by some other person appointed by the court, at the expense of the disobedient person, and on the act being done, the expenses incurred may be ascertained in such manner as the court may direct, and execution may issue for the amount so ascertained and costs. (8)If an order is to the effect that a person is entitled to relief subject to or on compliance with a condition or the happening of a contingency, the person so entitled, after compliance with the condition or the happening of the contingency, and after demand is made on the person against whom he or she is entitled to relief, may apply to the court for leave to issue execution. (9)The court, if satisfied that the right to relief referred to in subrule (8) has arisen, may (a) order that execution issue, or (b) direct that any issue or question necessary for the determination of the rights of the persons be tried. (10)If a change has taken place, by death or otherwise, in the persons entitled or liable to execution, the person claiming to be entitled to execution may apply to the court for leave to issue execution, and the court may order (a) that execution may issue, or (b) that any issue or question necessary to determine the rights of the person be tried. (13)A writ of sequestration, a writ of possession or a writ of delivery must not be issued unless there has been filed proof satisfactory to a registrar that, (a) in the case of an order, the order sought to be enforced (i) has been served on the person against whom the order is sought to be enforced, and (ii) has not been complied with, or (b) in the case of a document, issued under an enactment, that on being filed in the court may be enforced as if it were an order of the court, the document (i) has been filed in the court, (ii) has, before or after being filed in the court, been served in accordance with the enactment or these Supreme Court Civil Rules on the person against whom the order is sought to be enforced, and (iii) has not been complied with. (23)Subject to subrule (24) of this rule, if these Supreme Court Civil Rules provide or some other enactment provides that enforcement costs may be included in the amount endorsed on any writ of execution, a registrar may fix the amount to be endorsed on the writ of execution. (24)If a judgment debtor alleges that he or she has satisfied an order for the payment of money or otherwise, whether or not the costs of enforcement and interest on those costs have been paid, (a) either the judgment creditor or the judgment debtor may apply to have the costs of enforcement assessed before a registrar, and Rule 14-1 applies, or (b) the judgment debtor may apply to the registrar for an accounting. (25)On an accounting referred to in subrule (24) (b) of this rule, Rule 18-1 applies and a registrar may certify one or more of the following: (a) the amount, if any, then due to the judgment creditor; (b) the amount, if any, then due to the judgment debtor as a result of an overpayment; (c) that the judgment has been paid. (28)If an order for the recovery of property other than land or money is to be enforced by writ of delivery, the court may, on the application of the judgment holder, (a) order that execution issue for the delivery of the property without giving the other party the option of retaining the property on paying the assessed value, and (b) if the property cannot be found, and unless the court otherwise orders, order that the sheriff take possession of all the other party's lands, goods and chattels (i) until the other party delivers the property, or (ii) at the option of the judgment holder, until the sheriff realizes from the other party's goods and chattels the assessed value of the property. (31)The court may, at or after the time of making an order, (a) stay the execution of the order until such time as it thinks fit, or (b) provide that an order for the payment of money be payable by instalments. (32)Unless the court in an order under subrule (31) (b) otherwise provides, if an instalment is not paid by the time fixed for payment, the balance of the money remaining unpaid under the order is, at that time, due and payable without notice being given to the judgment debtor. (33)Without limiting subrule (31), a party against whom an order has been made may apply to the court for a stay of execution or other relief on grounds with respect to which the supporting facts arose too late for them to be pleaded, and the court may give relief it considers will further the object of these Supreme Court Civil Rules. (1)A creditor who has obtained an order of the court for the recovery or payment of money or costs or both may issue out of the registry a subpoena in Form 56 on filing an affidavit showing that the order is not satisfied and that no writ of execution issued by the creditor is outstanding against the debtor. (2)A subpoena issued under subrule (1) must be directed, (a) if the debtor is an individual, to the debtor, (b) if the debtor is a corporation, to an officer or director of the debtor, or (c) if the debtor is a partnership or firm, to a person liable to execution on an order against the debtor. (3)A subpoena issued under subrule (1) must be served at least 7 days before the date of the examination under subrule (4), and with the subpoena must be tendered any expenses the person served would be entitled to were he or she required to attend the court as a witness. (4)The examination referred to in a subpoena issued under subrule (1) must take place before an examiner and must be on oath as to the following matters: (a) the income and property of the debtor; (b) the debts owed to and by the debtor; (c) the disposal the debtor has made of any property; (d) the means the debtor has, or has had, or in future may have, of satisfying the order. (a) does not attend as required at the examination under subrule (4) or an adjournment of it, (b) refuses to be sworn or to affirm, or to answer one or more of the questions put to the person, (c) after an order to that effect, refuses or neglects to produce or permit to be inspected any document or property, or (d) does not give answers that are to the satisfaction of the examiner, (e) if the examiner is a master or registrar, (i) in the case of default under paragraph (a), the examiner must make a report in Form 57 and fix a time and place at which the creditor may attend before the court, and at that time and place the court may, at the request of the creditor and without notice to the person subpoenaed, order (ii) in the case of default under paragraph (b), (c) or (d) of this subrule, the examiner must make a report in Form 57 and fix a time and place for the person subpoenaed to attend before the court, and at that time and place the court may, at the request of the creditor and without further notice to the person subpoenaed, order (f) if the examiner is the court, the examiner may order committal. (9)If the creditor who issued a subpoena under subrule (1) fails to attend at the examination under subrule (4), or if the examiner is of the opinion that the proceedings are unnecessary or vexatious, the examiner may order the creditor to pay to the person subpoenaed a sum of money by way of compensation and may order that sum to be paid promptly or to be set off against the debt. (a) the debtor has, with intent to defraud the creditor, made or caused to be made any gift, delivery or transfer of property, or has removed or concealed property, (b) the debtor has unreasonably neglected or refused to pay the debt in whole or in part or to pay any instalment ordered to be paid, or (c) the debtor is a corporation and the person subpoenaed has done, authorized, permitted or acquiesced in an act or omission described in paragraph (a) or (b), (d) if the examiner is a master or registrar, he or she may make a report of his or her findings and fix a time and place for the person subpoenaed to attend before the court, and at that time and place the creditor may apply without notice for committal, or (e) if the examiner is the court, the examiner may order committal. (11)At an examination under this rule, the examiner may make one or more of the following orders: (a) for the payment of the debt by instalments; (b) for the payment of the debt on or before a fixed date; (c) varying or rescinding any previous order; (d) for payment to be made to a registrar, to the creditor or to the creditor's lawyer; (e) fixing the costs payable by the debtor without assessment, and if the examiner is a master or registrar, the order has the effect of an order made by the court and must be entered accordingly. (12)If a debtor fails to pay in accordance with an order made under subrule (11) by an examiner, the creditor may file a notice of application for committal in Form 58 on filing an affidavit showing that the default has occurred, and subrules (2) and (3) apply. (a) the order to pay has not been obeyed, (b) the person knew of the order, and (c) the person has not shown good cause why an order of committal should not be made against him or her. (19)Subject to subrule (21), a sheriff or peace officer executing an order of committal must promptly bring the person arrested before the court, and the person arrested may be examined by the court, and if the court considers that imprisonment is not appropriate, the court may stay execution of the order of committal and, in that event, must (a) fix a time and place for a hearing to determine whether or not the order of committal should be set aside or varied, and (b) give directions for notice of that hearing to be given to the creditor. (20)A person who is the subject of an order of committal may apply to the court to set aside or vary the order, and the court may order a stay of execution of the order pending the hearing of the application and give directions for service of notice of the hearing. (25)A creditor who has obtained an order of committal may file in the registry a requisition in Form 17 requesting discharge of the person committed, and a registrar must endorse the requisition and a copy with the words "This is your authority to discharge ...................[name]............................... from custody" above the registrar's signature, and, on being shown the copy of the requisition, a sheriff, peace officer or warden must release the person committed from custody and must endorse the order accordingly and return it to the registry. (26)A sheriff who has not received maintenance money as provided in subrule (17) must, (a) if the person committed is in the sheriff's custody, release the person committed, or (b) if the person committed is in the warden's custody, must notify the warden, who must release the person committed, and each must endorse the order accordingly and return it to the registry. "judgment creditor" means a person entitled to enforce an order of the court, whether for payment of money or otherwise; "judgment debtor" means a person against whom the order may be enforced. (2)If a judgment creditor is entitled to issue execution on or otherwise enforce an order of the court, the judgment creditor may examine the judgment debtor for discovery as to (a) any matter pertinent to the enforcement of the order, (b) the reason for nonpayment or nonperformance of the order, (c) the income and property of the judgment debtor, (d) the debts owed to and by the judgment debtor, (e) the disposal the judgment debtor has made of any property either before or after the making of the order, (f) the means the judgment debtor has, had or may have of satisfying the order, and (g) whether the judgment debtor intends to obey the order or has any reason for not doing so. (3)An officer or director of a corporate judgment debtor, or a person liable to execution on the order in the case of a partnership or firm judgment debtor, may, without an order, be examined for discovery on the matters set out in subrule (2). (5)On being satisfied that any other person may have knowledge of the matters set out in subrule (2), the court may order that other person to be examined for discovery concerning the person's knowledge. (6)If a difficulty arises in or about the execution or enforcement of an order, the court may make any order for the attendance and examination of a party or person it considers will further the object of these Supreme Court Civil Rules. (7)Rule 7-2 (4), (5), (11), (12), (14), (17), (18), (22) to (28) applies to an examination under this rule. (10)Before conducting an examination for discovery under this rule, the party wishing to conduct that examination must do the following: (a) if the person to be examined is a party of record to, and has a lawyer in, the action, ensure that, at least 7 days before the examination, (i) an appointment in Form 59.1 is served on that lawyer, and (ii) witness fees in the amount required under Schedule 3 of Appendix C are tendered to that lawyer; (b) in any other case, ensure that, at least 7 days before the examination, (i) an appointment in Form 59.1 is served on the person to be examined, and (ii) witness fees in the amount required under Schedule 3 of Appendix C are tendered to the person to be examined. (1)If in a proceeding it appears necessary or expedient that property be sold, the court may order the sale and may order a person in possession of the property or in receipt of the rents, profits or income from it to join in the sale and transfer of the property and deliver up the possession or receipt to the purchaser or person designated by the court. (2)In a debenture holder's proceeding in which the debenture holder is entitled to a charge on any property, the court, if it is of the opinion that eventually there must be a sale of the property, may order the sale before or after judgment, whether or not all interested persons are ascertained or served. (4)The court may give directions for the purpose of effecting a sale, including directions (a) appointing the person who is to have conduct of the sale, (b) fixing the manner of sale, whether by contract conditional on the approval of the court, private negotiation, public auction, sheriff's sale, tender or some other manner, (c) fixing a reserve or minimum price, (d) defining the rights of a person to bid, make offers or meet bids, (e) requiring payment of the purchase price into court or to trustees or to other persons, (f) settling the particulars or conditions of sale, (g) obtaining evidence of the value of the property, (h) fixing the remuneration to be paid to the person having conduct of the sale and any commission, costs or expenses resulting from the sale, (i) that any conveyance or other document necessary to complete the sale be executed on behalf of any person by a person designated by the court, and (j) authorizing a person to enter on any land or building. (1)If costs are payable to a party under these Supreme Court Civil Rules or by order, those costs must be assessed as party and party costs in accordance with Appendix B unless any of the following circumstances exist: (a) the parties consent to the amount of costs and file a certificate of costs setting out that amount; (i) the costs of the proceeding be assessed as special costs, or (ii) the costs of an application, a step or any other matter in the proceeding be assessed as special costs in which event, subject to subrule (10), costs in relation to all other applications, steps and matters in the proceeding must be determined and assessed under this rule in accordance with this subrule; (c) the court awards lump sum costs for the proceeding and fixes those costs under subrule (15) in an amount the court considers appropriate; (d) the court awards lump sum costs in relation to an application, a step or any other matter in the proceeding and fixes those costs under subrule (15), in which event, subject to subrule (10), costs in relation to all other applications, steps and matters in the proceeding must be determined and assessed under this rule in accordance with this subrule; (e) a notice of fast track action in Form 61 has been filed in relation to the action under Rule 15-1, in which event Rule 15-1 (15) to (17) applies; (f) subject to subrule (10) of this rule, (i) the only relief granted in the action is one or more of money, real property, a builder's lien and personal property and the plaintiff recovers a judgment in which the total value of the relief granted is $100,000 or less, exclusive of interest and costs, or (ii) the trial of the action was completed within 3 days or less, in which event, Rule 15-1 (15) to (17) applies to the action unless the court orders otherwise. (2)On an assessment of party and party costs under Appendix B, a registrar must (a) allow those fees under Appendix B that were proper or reasonably necessary to conduct the proceeding, and (b) consider Rule 1-3 and any case plan order. (3)On an assessment of special costs, a registrar must (a) allow those fees that were proper or reasonably necessary to conduct the proceeding, and (b) consider all of the circumstances, including the following: (i) the complexity of the proceeding and the difficulty or the novelty of the issues involved; (ii) the skill, specialized knowledge and responsibility required of the lawyer; (iii) the amount involved in the proceeding; (iv) the time reasonably spent in conducting the proceeding; (v) the conduct of any party that tended to shorten, or to unnecessarily lengthen, the duration of the proceeding; (vi) the importance of the proceeding to the party whose bill is being assessed, and the result obtained; (vii) the benefit to the party whose bill is being assessed of the services rendered by the lawyer; (viii) Rule 1-3 and any case plan order. (7)If the court has made an order for costs, (a) any party may, at any time before a registrar issues a certificate under subrule (27), apply for directions to the judge or master who made the order for costs, (b) the judge or master may direct that any item of costs, including any item of disbursements, be allowed or disallowed, and (c) the registrar is bound by any direction given by the judge or master. (8)If tax is payable by a party in respect of legal services or disbursements, a registrar must, on an assessment under subrule (2) or (3), allow an additional amount to compensate for that tax as follows: (a) if the tax is payable in respect of legal services, the additional amount to compensate for the tax must be determined by multiplying the percentage rate of the tax by, (i) in the case of a judgment entered on default of response to civil claim, the costs allowed under Item 1 or 2, as the case may be, of Schedule 1 of Appendix B, (ii) in the case of a writ of execution, a garnishing order, a subpoena to debtor in Form 56, a notice of application for committal in Form 58 or an order of committal in Form 59, the costs allowed under Item 1 or 2, as the case may be, of Schedule 2 of Appendix B, or (iii) in any other case, the monetary value of the units assessed; (b) if the tax is payable in respect of disbursements, the additional amount to compensate for the tax must be determined by multiplying the percentage rate of the tax by the monetary value of the disbursements as assessed. (12)Unless the court hearing an application otherwise orders, (a) if the application is granted, the party who brought the application is entitled to costs of the application if that party is awarded costs at trial or at the hearing of the petition, but the party opposing the application, if any, is not entitled to costs even though that party is awarded costs at trial or at the hearing of the petition, and (b) if the application is refused, the party who brought the application is not entitled to costs of the application even though that party is awarded costs at trial or at the hearing of the petition, but the party opposing the application, if any, is entitled to costs if that party is awarded costs at trial or at the hearing of the petition. (14)If anything is done or omitted improperly or unnecessarily, by or on behalf of a party, the court or a registrar may order (a) that any costs arising from or associated with any matter related to the act or omission not be allowed to the party, or (b) that the party pay the costs incurred by any other party by reason of the act or omission. (b) that relate to some particular application, step or matter in or related to the proceeding, or (c) except so far as they relate to some particular application, step or matter in or related to the proceeding and in awarding those costs the court may fix the amount of costs, including the amount of disbursements. (17)If a party entitled to receive costs is liable to pay costs to another party, a registrar may assess the costs the party is liable to pay and may adjust them by way of deduction or set-off or may delay the allowance of the costs the party is entitled to receive until the party has paid or tendered the costs the party is liable to pay. (18)If the costs of one defendant against a plaintiff ought to be paid by another defendant, the court may order payment to be made by one defendant to the other directly, or may order the plaintiff to pay the costs of the successful defendant and allow the plaintiff to include those costs as a disbursement in the costs payable to the plaintiff by the unsuccessful defendant. (a) obtain a date for an appointment before a registrar, (i) the bill to be reviewed, (ii) the agreement to be examined, or (iii) the bill of costs to be assessed, and (c) at least 5 days before the date of the appointment, serve a copy of the filed Form 49 appointment and any affidavit in support, (i) in the case of a bill to be reviewed, on the lawyer whose bill is to be reviewed, on the person who is charged with the bill or on the person who has agreed to indemnify the person charged, as the case may be, (ii) in the case of an agreement to be examined, on the lawyer who is a party to the agreement to be examined, or (iii) in the case of a bill of costs to be assessed, in accordance with subrule (25). (22)An appointment for review of a bill, examination of an agreement or assessment of costs must be taken out, (a) in the case of a bill to be reviewed or an agreement to be examined, (i) if the bill or agreement relates to a court proceeding, at the registry at which the proceeding is being conducted, or (ii) if the bill or agreement does not relate to a court proceeding, at the registry nearest to the place of business of the lawyer concerned, (b) in the case of a bill of costs to be assessed, at the registry at which the proceeding is being conducted, or (c) at any other registry to which the parties to the appointment may agree. (a) a bill under review, (b) an agreement under examination, or (c) a bill of costs being assessed. (24)If a sheriff who has charged fees for services set out in Schedule 2 of Appendix C or a person affected by those fees wishes to have those fees assessed, the person seeking the assessment must (a) obtain an appointment from a registrar in Form 49 and attach to that appointment a copy of the bill to be assessed, if available, and (b) at least 5 days before the assessment, serve a copy of the filed appointment and any filed affidavit in support on all persons affected by the fees. (25)A person seeking an assessment of costs must serve an appointment in Form 49, to which is attached the bill of costs, and any affidavit in support on (a) the person against whom costs are to be assessed, and (b) every other person whose interest, whether in a fund or estate or otherwise, may be affected. (26)On signing a default judgment, a registrar may, without an appointment, fix the costs to which the plaintiff is entitled against the defendant in default, and set out the amount allowed in (27)On the conclusion of an assessment of costs, or if the party charged has consented to the amount, a registrar must, either by endorsing the original bill or by issuing a certificate of costs in Form 64, certify the amount of costs awarded, and the party assessing costs must file the certificate. (28)On the conclusion of a review of a bill under the Legal Profession Act, or if the parties to the review have consented to the amount due under the bill, a registrar must, by issuing a certificate of fees in Form 65, certify the amount due, and either party to the review may file the certificate. (31)A lump sum bill must contain a description of the nature of the services and of the matter involved as would, in the opinion of a registrar, afford any lawyer sufficient information to advise a client on the reasonableness of the charge made. (32)A party to an assessment of costs or a review of a lump sum bill may put in evidence the opinion of a lawyer as to the nature and importance of the services rendered and of the matter involved and the reasonableness of the charges made, but a party must not put in evidence the opinions of more than 2 lawyers, and a lawyer giving an opinion may be required to attend for examination and cross-examination. (33)If the court considers that a party's lawyer has caused costs to be incurred without reasonable cause, or has caused costs to be wasted through delay, neglect or some other fault, the court may do any one or more of the following: (a) disallow any fees and disbursements between the lawyer and the lawyer's client or, if those fees or disbursements have been paid, order that the lawyer repay some or all of them to the client; (b) order that the lawyer indemnify his or her client for all or part of any costs that the client has been ordered to pay to another party; (c) order that the lawyer be personally liable for all or part of any costs that his or her client has been ordered to pay to another party; (d) make any other order that the court considers will further the object of these Supreme Court Civil Rules. (a) direct a registrar to conduct an inquiry and file a report with recommendations as to the amount of costs, or (b) subject to subrule (37), fix the costs with or without reference to the tariff in Appendix B. (1)Subject to subrule (4) and unless the court otherwise orders, this rule applies to an action if (a) the only claims in the action are for one or more of money, real property, a builder's lien and personal property and the total of the following amounts is $100,000 or less, exclusive of interest and costs: (i) the amount of any money claimed in the action by the plaintiff for pecuniary loss; (ii) the amount of any money to be claimed in the action by the plaintiff for non-pecuniary loss; (iii) the fair market value, as at the date the action is commenced, of (A) all real property and all interests in real property, and claimed in the action by the plaintiff, (b) the trial of the action can be completed within 3 days, (c) the parties to the action consent, or (d) the court, on its own motion or on the application of any party, so orders. (2)If this rule applies to an action, (a) any party may file a notice of fast track action in Form 61, (a.1) the filing party must serve a copy of the filed notice of fast track action on each of the other parties of record, and (b) the words "Subject to Rule 15-1" must be added to the style of proceeding, immediately below the listed parties, for all documents filed after the notice of fast track action is filed under paragraph (a) or the court order is made under subrule (1) (d), as the case may be. (7)Subject to subrule (8), a party to a fast track action must not serve on another party a notice of application or an affidavit in support of an application unless a case planning conference or a trial management conference has been conducted in relation to the action. (a) for an order under subrule (6) that this rule cease to apply to the action, (d) to add, remove or substitute a party, or (9)On application by a party, a judge or master may relieve a party from the requirements of subrule (7) if (b) the application referred to in subrule (7) is urgent. (13)If a party to a fast track action applies for a trial date within 4 months after the date on which this rule becomes applicable to the action, the registrar must set a date for the trial that is not later than 4 months after the application for the trial date. (14)If, as a result of the trial management conference in a fast track action, the trial management conference judge or master considers that the trial will likely require more than 3 days, the trial management conference judge or master (a) may adjourn the trial to a date to be fixed as if the action were not subject to this rule, and (b) is not seized of the action. (15)Unless the court otherwise orders or the parties consent, and subject to Rule 14-1 (10), the amount of costs, exclusive of disbursements, to which a party to a fast track action is entitled is as follows: (a) if the time spent on the hearing of the trial is one day or less, $8 000; (b) if the time spent on the hearing of the trial is 2 days or less but more than one day, $9 500; (c) if the time spent on the hearing of the trial is more than 2 days, $11 000. (3)Unless these Supreme Court Civil Rules otherwise provide or the court otherwise orders, a copy of the filed petition and of each filed affidavit in support must be served by personal service on all persons whose interests may be affected by the order sought. (4)A person who has been served with a copy of a filed petition under subrule (3) of this rule must, if the person wishes to receive notice of the time and date of the hearing of the petition, do the following: (b) file, with the response to petition, all affidavits that have not already been filed and on which the person intends to rely at the hearing of the petition; (c) unless the court otherwise orders, serve on the petitioner 2 copies and on every other party of record one copy of each document filed under paragraph (a) or (b) as follows: (i) if the petition respondent was served with the petition anywhere in Canada, within 21 days after that service; (ii) if the petition respondent was served with the petition anywhere in the United States of America, within 35 days after that service; (iii) if the petition respondent was served with the petition anywhere else, within 49 days after that service. (a) indicate, for each order sought, whether the petition respondent consents to, opposes or takes no position on the order, and (b) if the petition respondent wishes to oppose any of the relief sought in the petition, (i) briefly summarize the factual and legal bases on which the orders sought should not be granted, (ii) list the affidavits and other documents on which the petition respondent intends to rely at the hearing of the petition, and (iii) set out the petition respondent's estimate of the time the petition will take for hearing. (6)A petitioner may file affidavits in response to any document served on the petitioner under subrule (4) (c) and, in that event, must serve copies of those filed responding affidavits on each petition respondent no later than the date on which the notice of hearing is served on that petition respondent under subrule (8) (b). (8)A petitioner wishing to set a petition down for hearing must, (a) in the case of a petition to which no response to petition has been served under subrule (4) (c), file a notice of hearing in Form 68 at any time before the hearing of the petition, or (b) in the case of a petition to which a response to petition has been filed and served under subrule (4) (c), file a notice of hearing in Form 68, and serve a copy of the filed notice of hearing on each petition respondent, at least 7 days before the date set for the hearing of the petition. (10)If the estimate, set out in the petition, of the time that the hearing of the petition will take is more than 2 hours, the date and time of hearing must be fixed by a registrar. (11)Subject to subrule (13), the petitioner must provide to the registry where the hearing is to take place, no later than 4 p.m. on the day that is one full day before the date set for the hearing, a petition record as follows: (a) the petition record must be in a ring binder or in some other form of secure binding; (b) the petition record must contain, in consecutively numbered pages, or separated by tabs, the following documents in the following order: (i) a title page bearing the style of proceeding and the names of the lawyers, if any, for the petitioner and the petition respondents; (iii) a copy of the filed petition; (iv) a copy of each filed response to petition; (v) a copy of each filed affidavit that is to be referred to at the hearing; (i) a draft of the proposed order, (iii) a list of authorities, and (iv) a draft bill of costs; (ii) copies of authorities, including case law, legislation, legal articles or excerpts from text books, or (iii) any other documents unless they are included with the consent of all the parties. (12)The petitioner must serve a copy of the petition record index on each petition respondent no later than 4 p.m. on the day that is one full day before the date set for the hearing. (13)If a petition respondent intends to set an application for hearing at the same time as the hearing of the petition, the parties must, so far as is possible, prepare and file a joint petition record and agree to a date for the hearing of both applications. (14)Unless the court otherwise orders, the applicant must retrieve the petition record (a) at the conclusion of the hearing, or (b) if the hearing of the petition is adjourned to a date later than the following court day, after the hearing is adjourned. (15)If the petition record has been retrieved by the petitioner under subrule (14) (b), the petitioner must return the petition record to the registry between 9:00 a.m. on the second court day before, and 4 p.m. on the day that is one full day before, the new date set for the hearing of the petition. (a) file a requisition in Form 17 setting out the date and time of the hearing, and (b) serve a copy of the filed requisition on the petition respondents at least 2 days before the date set for the hearing. (a) set the petition for hearing within a reasonable time after being requested to do so by a petition respondent, or (b) after the hearing of the petition has been adjourned generally, reset the petition for hearing within a reasonable time after being requested to do so by a petition respondent, a petition respondent may apply, by requisition in Form 17 on 2 days' notice, for directions. (18)Without limiting the court's right under Rule 22-1 (7) (d) to transfer the proceeding referred to in this rule to the trial list, the court may, whether or not on the application of a party, apply any other of these Supreme Court Civil Rules to a proceeding referred to in this rule. (a) at any time with leave of the court, and (i) once without leave of the court, at any time before service of the notice of hearing, and (ii) at any time with the written consent of all the parties, and for that purpose Rule 6-1 (2) to (7) applies. (20)An original petition does not remain in force for more than 12 months, but if a respondent named in a petition has not been served, the court, on the application of the petitioner made before or after the expiration of the 12 months, may order that the original petition be renewed for a period of not more than 12 months. (21)If a renewed petition has not been served on a respondent named in the petition, the court, on the application of the petitioner made during the currency of the renewed petition, may order the renewal of the petition for a further period of not more than 12 months. (a) all persons affected by the orders sought within the proceeding consent, or (b) the proceeding is one of which notice need not be given. (a) a requisition in Form 31, (i) if the order is by consent, in Form 34, or (ii) in any other case, in Form 35, (i) evidence that the order sought is consented to, and (d) in the case of a proceeding referred to in subrule (1) (b), evidence in support of the order sought. (3)On being satisfied that a proceeding referred to in subrule (1) (a) is consented to and that the materials appropriate for the order sought have been filed in accordance with subrule (2), a registrar may, (a) if the registrar is satisfied that none of the parties applying for or consenting to the order sought is under a legal disability or that, if a party is under a legal disability, section 40 (7) of the Infants Act applies, (ii) refer the documents filed under subrule (2) to a judge or, if the order sought is within the jurisdiction of a master, to a judge or master, or (b) in any other case, refer the documents filed under subrule (2) to a judge, or, if the order sought is within the jurisdiction of a master, to a judge or master. (4)On being satisfied that the documents appropriate for a proceeding referred to in subrule (1) (b) have been filed in accordance with subrule (2), a registrar may refer those documents to a judge, or, if the order sought is within the jurisdiction of a master, to a judge or master. (4)On application by a party, the court may (b) remit the inquiry, assessment or accounting with directions, or (c) order that the subject matter of the inquiry, assessment or accounting be determined as directed by the court. (5)A master, registrar or special referee may hold a hearing in relation to an inquiry, assessment or accounting and, in that event, may (a) hold the hearing at a convenient time and place, (b) adjourn the hearing from time to time, and (c) administer oaths, take evidence, direct production of documents and give general directions for the conduct of the hearing. (6)If a party wishes to proceed with an inquiry, assessment or accounting directed by the court under subrule (1), the party must (a) take out an appointment in Form 49, and (b) serve notice of the appointment on all parties of record or as directed by the court. (12)The court may give special directions as to the manner in which an inquiry, assessment or accounting is to be taken or made, and the directions may include (a) the manner in which the inquiry, assessment or accounting is to be prosecuted, (b) the evidence to be tendered in support, (c) the parties required to attend all or any part of the proceedings, (d) the time within which each proceeding is to be taken, and (e) a direction that persons whose interest can be classified constitute a class and are to be represented by the same lawyer, and the court may fix a time for the further attendance of the parties. (18)If the court makes an order directing that an inquiry, assessment or accounting be held in a proceeding relating to (a) the administration of the estate of a deceased person, (b) the execution of a trust, or (c) the sale of any property, (19)Any person served with notice of an order in accordance with subrule (18) is, subject to subrule (21), bound by the order to the same extent as the person would have been if the person had originally been made a party to the action. (a) the court may dispense with service on the person, (b) the court may order that that person be bound by any order made to the same extent as if the person had been served with notice of the order, and (c) the person referred to in an order under paragraph (b) is bound by the order to the same extent as if the person had been served with notice of the order unless the order was obtained by fraud or non-disclosure of material facts. "authorizing enactment", in relation to a stated case, means the enactment under which the stated case is referred to the court; (a) mail or deliver to the recipient's address for service, (b) if the recipient is the original tribunal, mail or deliver to the address for that entity, or (c) if the recipient is a person, other than the original tribunal, for whom an address for service has not been given, mail or deliver to the address for that person included in the latest materials filed by that person with, or submitted by that person to, the original tribunal in relation to the original proceeding; "original proceeding", in relation to a stated case, means the tribunal proceeding from which the stated case is brought; "original tribunal", in relation to a stated case, means the entity by which the original proceeding is heard; "person" has the same meaning as in the Interpretation Act, and includes an entity by which a tribunal proceeding is heard; "stated case" means a reference to the court of a question that arises in or as a result of a tribunal proceeding, if an enactment provides that that reference be made by way of stated case, and includes a question of law submitted to the court under section 34 of the Commercial Arbitration Act; "tribunal proceeding" means any judicial or quasi-judicial proceeding conducted by an entity other than the court. (2)A stated case is governed by these Supreme Court Civil Rules but, in the event of a conflict between this rule and (3)To start a stated case, the original tribunal must file in a registry (a) a notice of stated case in Form 71, and (b) any material that, under the authorizing enactment, is required to start a stated case. (a) identify as the applicant the person requesting the stated case, (b) identify as respondents all other parties to the original proceeding, including the original tribunal if that entity is not the applicant, and (i) any persons who are identified in, or identified in the manner provided for under, the authorizing enactment or the Constitutional Question Act as being persons to whom notice of the stated case must be provided, (ii) any intervenor in the original proceeding, and (iii) any other person to whom the original tribunal considers the notice of stated case should be delivered. (5)In addition to including the information required by subrule (4), a notice of stated case must set out the following: (a) a statement of the relevant facts and evidence; (b) the questions to be determined by the court; (c) the applicant's address for service, the most recent address provided to the original tribunal by each of the respondents and the most recent address known to the original tribunal for each of the persons referred to in subrule (4) (c). (a) the original tribunal, if not the applicant, must deliver a copy of the filed notice of stated case and material to the applicant, and (a) give directions for the proper hearing and determination of the stated case, (b) without limiting paragraph (a), make one or more of the following orders: (i) that documents, including transcripts and minutes, or other things be produced; (ii) that evidence be tendered by way of affidavit, or that it be given orally; (iii) that sets time limits for taking steps in, and for the hearing of, the stated case; (iv) that the stated case be disposed of summarily, and (c) exercise any of the powers of the court exercisable in a petition proceeding. (8)The original tribunal, if it is not the applicant, and any person who has received a notice of stated case under subrule (6), must, if that tribunal or person wishes to be heard on the hearing of the stated case, file a notice of interest in Form 70. (5)Unless the court otherwise orders, an application for directions under subrule (3) (b) must be set for hearing on a date that is at least 7 days after the date on which the notice of appeal is served in accordance with subrule (6). (6)Unless the court otherwise orders, a notice of appeal must be served on (a) the person or body that gave the decision or direction, or made the order, being appealed, and (b) all other persons who may be affected by the order sought. (7)The court may give directions for the proper hearing and determination of an appeal and, without limiting this, may make an order (a) that documents, transcripts or minutes be produced, (b) that evidence be tendered by way of affidavit, or that it be given orally, (c) that the appeal be determined by way of stated case or argument on a point of law, (d) prescribing time limits for taking steps in and for the hearing of the appeal, or (e) that the appeal be disposed of summarily, and may exercise any of the powers of the court exercisable in a petition proceeding. (8)A person who intends to oppose an appeal must, (a) file a notice of interest in Form 70 within the following period: (i) if the person was served with the notice of appeal anywhere in Canada, within 14 days after that service; (ii) if the person was served with the notice of appeal anywhere in the United States of America, within 28 days after that service; (iii) if the person was served with the notice of appeal anywhere else, within 42 days after that service, and (b) promptly after filing the notice of interest, serve a copy of the filed notice of interest on the appellant. (9)After obtaining from a registrar a date for the hearing of the appeal, the appellant must, if the appellant wishes to proceed with the appeal, set the appeal for hearing on that date by (a) filing a notice of hearing of appeal in Form 75, and (b) serving a copy of the filed notice of hearing of appeal on all parties of record. (a) the notice of claim filed in the Provincial Court is deemed to be the notice of civil claim filed in the proceeding in the Supreme Court, (b) the reply filed in the Provincial Court is deemed to be the response to civil claim filed in the proceeding in the Supreme Court, and (c) a counterclaim filed in the Provincial Court is deemed to be a counterclaim filed in the proceeding in the Supreme Court. (5)If the claimant in the Provincial Court proceeding wishes to continue with that proceeding after its transfer to the Supreme Court, the claimant must, as plaintiff in the Supreme Court action, (a) amend the notice of claim that is, under subrule (4) (a), deemed to be the notice of civil claim filed in the proceeding in the Supreme Court (i) by adding "Transferred Proceeding" above the style of proceeding, and (ii) by otherwise making the notice of claim accord with Rule 3-1, (b) within 21 days after the transfer order, file, in the Supreme Court registry nearest to the Provincial Court registry in which the Provincial Court proceeding was started, that notice of civil claim as it has been amended by the amendment referred to in paragraph (a) of this subrule, and (c) serve a copy of that filed notice of civil claim in accordance with Rule 3-2. (6)A defendant must, within 14 days after the date of service of the amended notice of claim under subrule (5) (c) of this rule, (a) amend the reply that is, under subrule (4) (b), deemed to be the response to civil claim filed in the proceeding in the Supreme Court (i) by adding "Transferred Proceeding" above the style of proceeding, and (ii) by otherwise making the reply accord with Rule 3-3, (b) amend the counterclaim, if any, that is, under subrule (4) (c) of this rule, deemed to be a counterclaim filed in the proceeding in the Supreme Court (i) by adding "Transferred Proceeding" above the style of proceeding, and (ii) by otherwise making the counterclaim accord with Rule 3-4, (i) that response to civil claim as it has been amended by the amendment referred to in paragraph (a) of this subrule, and (ii) that counterclaim, if any, as it has been amended by the amendment referred to in paragraph (b) of this subrule, and (i) a copy of that filed response to civil claim, and (ii) a copy of that filed counterclaim, if any. (6.1)Rule 6-1 does not apply to an amendment under subrule (5) (a) or (6) (a) or (b) of this rule, and, for greater certainty, an amendment under subrule (5) (a) or (6) (a) or (b) of this rule does not constitute an amendment for the purposes of Rule 6-1 (1). (7)For the purposes of Rule 4-2 and subrules (3) to (6) of this rule, a party who filed a document under subrule (5) or (6) is deemed to have, as an address for service, (a) the address for service set out in the filed document, or (b) if the filed document does not contain an address for service, the address set out for that party on the latest document, filed by that party in the Provincial Court proceeding, that contains an address for that party. (i) a certified copy of the judgment under the seal of the original court, (ii) if section 29 (2) of the Court Order Enforcement Act applies to the application, the certificate referred to in section 29 (3) of that Act, and (iii) a certified translation of the judgment or certificate if made in a language other than English, and (b) stating, to the best of the information and belief of the person swearing or affirming the affidavit, (i) that the judgment creditor is entitled to enforce the judgment, (ii) the amount presently owing on the judgment, (iii) the full name, occupation and usual or last known residence or place of business of the judgment creditor and judgment debtor respectively, (A) was personally served with the process of the original court, (B) was served with the process of the original court other than by personal service, or (C) participated in the proceeding or otherwise submitted to the jurisdiction of the original court, and (v) that the judgment is not one that is disqualified from registration either under section 29 (6) of the Court Order Enforcement Act or under Article II, paragraph 2, or Article IV, paragraph 1, of the convention, whichever is applicable. (b) the application is made under Part 2 of the Court Order Enforcement Act and section 29 (2) of that Act applies to the application. (7)The court may order that the registration of a judgment under Part 4 of the Court Order Enforcement Act be set aside if the judgment debtor was not duly served with the process of the original court, unless the judgment debtor participated in the proceeding or otherwise submitted to the jurisdiction of the original court. (8)The court may make an order staying or limiting the enforcement of a judgment registered under Part 4 of the Court Order Enforcement Act, subject to any terms and for any period the court considers appropriate, if (a) the judgment is not final, (b) an appeal is pending, or (c) the time for appeal has not expired. (1)On an application under the Court Jurisdiction and Proceedings Transfer Act for an order that the court accept a transfer to it of a proceeding within the meaning of that Act, the court may order that the person applying for that order do one or both of the following: (a) pay any expenses that have been or may be incurred by the court in having the documents in the transferring court's file relating to the proceeding translated into English by a person satisfactory to the court; (b) pending the payment required under paragraph (a), give security in the form and manner the court may direct for payment of the expenses referred to in that paragraph. (2)If the court requires the provision of security under subrule (1) (b) in relation to the transfer of a proceeding, any order to accept the transfer (a) is of no force or effect until that security is given, and (b) must not be presented for entry until that security is given. (1)Two or more persons claiming to be entitled, or alleged to be liable, as partners may sue or be sued in the name of the firm in which they were partners at the time when the alleged right or liability arose. (a) a person who was a partner at the time the alleged right or liability arose, or (b) a person at a place of business of the firm who appears to manage or control the partnership business there. (3)A responding pleading or a response to petition by a partnership must be in the name of the firm, but a partner or a person served as a partner may file a responding pleading or a response to petition and defend in the person's own name, whether or not named in the originating pleading or petition. (4)If a firm is a party to a proceeding, any other party may serve a notice requiring one of the partners to serve, within 10 days, an affidavit setting out the names and addresses of all persons who were partners when the alleged right or liability arose. (7)Without limiting subrule (8), if an order is made against a firm, execution to enforce the order may issue against any person who (a) filed a responding pleading or response to petition in the proceeding in the person's own name as a partner, (b) having been served with the originating pleading or petition as a partner, failed to file a responding pleading or response to petition in the proceeding, (c) admitted in a pleading or affidavit that the person is a partner, or (d) was adjudged to be a partner. (8)If a party who has obtained an order against a firm claims that a person who is not a person described in subrule (7) is liable to satisfy the order as being a member of the firm, the party may apply to the court for leave to issue execution against that person. (9)If the person against whom an application under subrule (8) is made disputes liability, the court may order that the liability of the person be determined in any manner in which an issue or question in an action may be determined. (7)Before the name of a person is used in a proceeding as a litigation guardian, that person's consent, signed by the person or his or her lawyer, must be filed, unless the person (a) has been appointed by the court, or (b) is the litigation guardian under section 35 (1) of the Representation Agreement Act of a party to that proceeding. (8)Unless a committee has been appointed, the lawyer for a person under disability, before acting in a proceeding, must, unless subrule (9) applies, file a certificate that he or she knows or believes that (a) the person to whom the certificate relates is an infant or mentally incompetent person, giving the grounds of that knowledge or belief, and if the person to whom the certificate relates is a mentally incompetent person, that a committee has not been appointed for the person, and (b) the proposed litigation guardian of the person under disability has no interest in the proceeding adverse to that person. (9)The lawyer for a person who, under section 35 (1) of the Representation Agreement Act, has a litigation guardian must, before acting in a proceeding to which the person is a party, file a certificate certifying that the lawyer knows or believes that (a) the person has entered into a representation agreement, (b) the litigation guardian is a representative under that representation agreement and is authorized under section 7 (1) (d) of the Representation Agreement Act in relation to the proceeding, and (c) the litigation guardian has no interest in the proceeding adverse to the person. (10)If a party to a proceeding becomes a mentally incompetent person, the court must appoint a litigation guardian for him or her unless (a) a committee has been appointed for the party, or (b) the party has a litigation guardian under section 35 (1) of the Representation Agreement Act. (12)A party to a proceeding who attains the age of majority may, if the party is then under no legal disability, (a) file an affidavit, in Form 78, confirming the attainment of the age of majority, and (b) serve a copy of the filed affidavit on all parties of record. (a) the party on w