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Civil Procedure Rules, Rule 81: Reciprocal Enforcement
made under Section 12 of the
Reciprocal Enforcement of Judgments Act
R.S.N.S. 1989, c. 388
N.S. Reg. 370/2008 (June 6, 2008)
Scope of Rule 81
81.01 (1) This Rule is made under, and provides procedures complementary to those in, the Reciprocal Enforcement of Judgments Act.
(2) This Rule does not affect enforcement, outside of the Act, of an order made by a court in another province or one of the territories, or of a non-penal order made by a foreign judicial authority.
(3) These Rules apply to an application for registration, and for enforcement of a registered judgment, unless a Rule is inconsistent with a provision in the Act or this Rule.
Application for registration
81.02 A person who obtains a judgment in a reciprocating state and wishes to apply for registration of the judgment under the Reciprocal Enforcement of Judgments Act may start the application in one of the following ways:
(a) for an ex parte registration under subsection 3(2) of the Act, by filing an ex parte application as provided for in Rule 5–Application;
(b) for registration on notice under the Act, by filing a notice of application as provided for in Rule 5–Application.
Notice after ex parte registration
81.03 (1) The notice of registration required by the Reciprocal Enforcement of Judgments Act to be served after ex parte registration may be served in the same manner as notice of a proceeding is given under Rule 31–Notice.
(2) The notice of registration must contain the standard heading, be entitled “Notice of Ex Parte Registration”, be addressed to the judgment debtor, be dated and signed, and include all of the following:
(a) a statement that a judgment obtained against the judgment debtor in the reciprocating state is registered in Nova Scotia and may be enforced as a judgment of the court;
(b) details of the judgment;
(c) details of the order for registration;
(d) a statement of the judgment debtor’s right to make a motion to set aside the registration, the grounds in subsection 3(5) of the Reciprocal Enforcement of Judgments Act, and the time provided in the Act within which the motion must be made;
(e) the address designated by the judgment creditor in the ex parte application;
(f) a statement that a document delivered to the designated address is considered received by the judgment creditor on delivery.
(g) an acknowledgement of the effect of delivery to the designated address and a statement that further contact information is available from the prothonotary.
(5)[(3)] The notice of registration may be in Form 81.03.
Motion to set aside
81.04 A judgment debtor who wishes to set aside an ex parte registration may make a motion in the proceeding started by the judgment creditor.
Enforcement
81.05 (1) A judgment creditor who registers a judgment may make a motion for an order to enforce the judgment under Rule 78–Order, or Rule 79–Enforcement by Execution Order.
(2) An execution order to enforce a judgment registered by ex parte order must allow for the notice period required by clause 6(a) of the Reciprocal Enforcement of Judgments Act.