June 21, 2024 – Service of Motion for Default Judgement
King’s Bench Rule 19.02(4) (as modified by Rule 19.09) provides that a party who has been noted in default need not be served with any document in the action, except where the court orders otherwise. Where a party has been noted in default and another party moves before a judge for judgment against the party in default, it should be anticipated that service of the motion for default judgment will be
required in most circumstances where the claim is not for a liquidated amount. Where a liquidated amount is claimed, the presiding judge may still exercise their discretion to require service depending on the nature of the claim and evidence in support of damages. It is anticipated that related rule changes may result.
June 21, 2024 – Counsel’s Approval of Form of Order
King’s Bench Rule 59.03(1) provides that any party affected by an order may prepare a draft of the formal order and shall, unless otherwise ordered by the court, send it to all other parties represented at the hearing for approval of its form.
Effective immediately, where a party is represented by counsel, unless directed otherwise by the court, counsel’s approval of the form of the draft formal order may be indicated by any of the following:
- Original, copy, or digital signature of counsel indicating their consent to the form of order; or
- A written representation by counsel who prepared the draft of the formal order certifying that all counsel consent to the form of order.
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