Rule 1-1 (1) definition of "family law case" BEFORE amended by BC Reg 18/2013, effective March 18, 2013.

"family law case" means a proceeding in which one or more of the following orders is sought:

(a) an order under the Divorce Act;

(b) an order under the Family Relations Act;

(c) an order in relation to an agreement between persons who are or have been married or who are or have been in a marriage-like relationship, including a marriage agreement within the meaning of the Family Relations Act;

(d) an order for annulment of marriage;

(e) an order,

(i)  based on unjust enrichment or other trust claims, for an interest in property, or

(ii)  based on unjust enrichment, for compensation,

if the claim for the interest or compensation arises out of a marriage-like relationship;

(f) an order for a declaration of parentage;

(g) an order for adoption;

 Rule 1-1 (1) definition of "party of record", paragraph (b) BEFORE repealed by BC Reg 41/2014, effective March 31, 2014.

(b) in a proceeding referred to in Rule 21-5, a person who has filed a notice of interest referred to in Rule 21-5 (47);

 Rule 1-1 (1) definition of "document" BEFORE amended by BC Reg 321/2021, effective April 4, 2022.

"document" has an extended meaning and includes a photograph, film, recording of sound, any record of a permanent or semi-permanent character and any information recorded or stored by means of any device;

 Rule 1-1 (1) definition of "witness list" BEFORE amended by BC Reg 149/2022, effective October 3, 2022.

"witness list" means a list referred to in Rule 7-4 (1);

 Rule 1-1 (1) definition of "business day" was added by BC Reg 176/2023, effective September 1, 2023.

 Rule 1-1 definitions of "court" and "special referee" BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

"court" means the Supreme Court of British Columbia and, if a master has jurisdiction, includes a master of the Supreme Court;

"special referee" means any person, other than a master or registrar, who is appointed by the court under these Supreme Court Civil Rules or under an enactment to conduct an assessment, inquiry or accounting;

 Rule 1-2 (4) (part) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Petitions and applications

(4)  If an enactment authorizes an application to the court or to a judge, the application must be

 Rule 2-1 (3) (c.1) was added by BC Reg 119/2010, effective July 1, 2010.

 Rule 2-1 (3) (k) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(k) Rule 21-7 applies to a proceeding for foreclosure of the equitable right to redeem mortgaged property or for redemption.

 Rule 2-1 (2) (d) BEFORE amended by BC Reg 149/2013, effective March 31, 2014.

(d) the relief, advice or direction sought relates to a question arising in the administration of an estate of a deceased person or the execution of a trust, or the performance of an act by a person in the person's capacity as executor, administrator or trustee, or the determination of the persons entitled as creditors or otherwise to the estate or trust property;

 Rule 2-1 (2.1) was enacted by BC Reg 149/2013, effective March 31, 2014.

 Rule 2-1 (3) BEFORE amended by BC Reg 149/2013, effective March 31, 2014.

 Rule 2-1 (3) (i) and (j) BEFORE amended by BC Reg 149/2013, effective March 31, 2014.

(i) Rule 21-4 applies to a proceeding in relation to the administration of an estate if the proceeding is contentious;

(j) Rule 21-5 applies to a proceeding in relation to the administration of an estate if the proceeding is not contentious;

 Rule 2-1 (2.1) (c) and (d) BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

(c) the filing of a requisition under Rule 25-12 (2) or 25-14 (1) or (2), or

(d) the filing of a petition under Rule 25-14 (4).

 Rule 2-2 was enacted by BC Reg 120/2014, effective July 1, 2014.

 Rule 3-3 (3) (a) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

(a) in the case of a notice of civil claim that is served on a person,

(i)  if the person resides anywhere in Canada, within 21 days after the person is served with the notice of civil claim,

(ii)  if the person resides in the United States of America, within 35 days after the person is served with the notice of civil claim, or

(iii)  if the person resides elsewhere, within 49 days after the person is served with the notice of civil claim;

 Rule 3-3 (3) (a) (i) to (iii) BEFORE amended by B.C. Reg 112/2012, effective July 1, 2012.

(i)  if the person was served anywhere in Canada, within 21 days after service,

(ii)  if the person was served anywhere in the United States of America, within 35 days after service, or

(iii)  if the person was served anywhere else, within 49 days after service;

 Rule 3-3 (7) BEFORE amended by B.C. Reg 28/2024, effective March 6, 2024.

 Rule 3-4 (7.1) was enacted by BC Reg 119/2010, effective July 1, 2010.

 Rule 3-5 (1.1), (16) and (17) were enacted by BC Reg 119/2010, effective July 1, 2010.

 Rule 3-5 (11) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Application of rules

(11)  Except to the extent that this rule otherwise provides, Rules 3-1, 3-3 and 3-8 apply to a third party notice as if it were a notice of civil claim and to a response to third party notice as if it were a response to civil claim.

 Rule 3-5 (4) (b) BEFORE amended by BC Reg 321/2021, effective April 4, 2022.

(b) without leave of the court, within 42 days after being served with the notice of civil claim or counterclaim in which the relief referred to in subrule (1) is claimed.

 Rule 3-5 (1.1) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 3-8 (1) (b) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(b) the time for filing and serving the response to civil claim has expired.

 Rule 3-8 (3) to (6) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

Claim for specified or ascertainable amount

(3)  If the plaintiff's claim against a defendant is solely for recovery of money in a specified or ascertainable amount, the plaintiff may

(a) obtain judgment in Form 8 against that defendant for an amount not exceeding the total of

(i)  the amount claimed,

(ii)  the interest, if any, to which the plaintiff is entitled, and

(iii)  costs, and

(b) proceed with the action against any other defendant.

Interest

(4)  For the purpose of subrule (3), a claim may be treated as a claim for recovery of money in a specified or ascertainable amount even though

(a) part of the claim is for interest accruing after the date of the notice of civil claim, and

(b) the interest is to be computed from the date of the notice of civil claim to the date that judgment is granted.

Claim for damages to be assessed

(5)  If the plaintiff's claim against a defendant is solely for damages in an amount that is neither specified nor ascertainable, the plaintiff may

(a) obtain judgment in Form 8 against that defendant for damages to be assessed and costs, and

(b) proceed with the action against any other defendant.

Claim for detention of goods

(6)  If the plaintiff's claim against a defendant relates solely to the detention of goods, the plaintiff may

(a) obtain

(i)  judgment in Form 8 against that defendant for the delivery of the goods, or their value to be assessed and costs, or

(ii)  judgment in Form 8 for the value of the goods to be assessed and costs, and

(b) proceed with the action against any other defendant.

 Rule 3-8 (7) BEFORE repealed by BC Reg 95/2011, effective July 1, 2011.

Multiple claims

(7)  If a plaintiff's claim against a defendant includes a claim referred to in subrule (3), (5) or (6) and one or more other claims, the plaintiff may

(a) obtain judgment in Form 8 against the defendant under subrule (3), (5) or (6) for the claim referred to in that subrule,

(b) proceed with the action against that defendant in respect of any other claims, and

(c) proceed with the action against any other defendant.

 Rule 3-8 (8) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

Application to judge or master

(8)  If a registrar is not certain that a plaintiff's claim against a defendant relates to a claim within subrule (3), (5), (6) or (7), the registrar may refuse to grant judgment and the plaintiff may apply to a judge or master for default judgment.

 Rule 3-8 (9) and (10) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

Judgment in other claims

(9)  If the plaintiff's claim against a defendant is not one referred to in subrules (3) to (6), the plaintiff may apply for judgment against the defendant under Rule 9-6.

Default by one of several defendants

(10)  If, in any action mentioned in subrule (9), there are several defendants and a defendant defaults in filing and serving a response to civil claim, the plaintiff may apply for judgment against that defendant under Rule 9-6 and the court may exercise any of its powers under Rule 9-6 or direct that the matter stand until the trial of the action.

 Rule 3-8 (13) (part) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

If a plaintiff has obtained judgment under subrule (5) or (6) or under subrule (7) (a) in relation to subrule (5) or (6), the plaintiff may, instead of proceeding to trial to assess the damages or the value of the goods, apply to the court, and, on that application, the court may

 Rule 3-8 (8) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 4-1 (1) BEFORE re-enacted by BC Reg 176/2023, effective September 1, 2023.

 Rule 4-1 (1.1) was enacted by BC Reg 176/2023, effective September 1, 2023.

 Rule 4-1 (2) (part) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Rule 4-1 (2) (c) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

(c) an e-mail address.

 Rule 4-1 (3) (part) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Rule 4-1 (3) (a) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

(a) the address or addresses for service required under subrule (1), and

 Rule 4-2 (8) was enacted by BC Reg 176/2023, effective September 1, 2023.

 Rule 4-3 (6) BEFORE amended by BC Reg 27/2013, effective March 18, 2013.

Service on Attorney General

(6)  A document to be served on the Attorney General must be served at the Ministry of Attorney General in the City of Victoria, and is sufficiently served if it is left during office hours with any lawyer on the staff of the Attorney General at Victoria or mailed by registered mail to the Deputy Attorney General at Victoria.

 Rule 4-3 (1) (f.1) was added by BC Reg 149/2013, effective March 31, 2014.

 Rule 4-3 (1) (g) BEFORE amended by BC Reg 149/2013, effective March 31, 2014.

(g) a citation referred to in Rule 21-5;

 Rule 4-3 (6) BEFORE amended by BC Reg 99/2018, effective May 18, 2018.

 Rule 4-3 (2) (a) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(a) on an individual, by leaving a copy of the document with him or her;

 Rule 4-3 (2) (f) (i) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(i) with the person's committee or, if there is no committee, with the person with whom the mentally incompetent person resides or in whose care he or she is or with the person appointed by the court to be served in the mentally incompetent person's place, and

 Rule 4-4 (1) (part) and (2) (part) BEFORE amended by BC Reg. 119/2010, effective July 1, 2010.

the court may make an order, on application without notice, granting permission to use an alternative method of service.

If an alternative service method is permitted

(2)  If a document is to be served by an alternative method permitted under subrule (1), a copy of the entered order permitting that alternative method must be served with the document unless

 Rule 4-5 (1), (3) and (5) (part) BEFORE amended by BC Reg. 119/2010, effective July 1, 2010.

Service outside British Columbia without leave

(1)  An originating pleading or other document may be served on a person outside British Columbia without leave in any of the circumstances enumerated in section 10 of the Court Jurisdiction and Proceedings Transfer Act.

Application for leave to serve outside the jurisdiction

(3)  In any case not provided for in subrule (1), leave of the court must be obtained before an originating pleading or other document may be served outside British Columbia, and the court may grant such leave on an application referred to in subrule (4).

Service of order and related documents

(5)  If an order is made granting leave to serve an originating pleading or other document outside British Columbia, the following documents must be served with that originating pleading or other document:

 Rule 4-6 (3) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 4-7 (1) (a) and (b) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(a) did not come to his or her notice,

(b) came to his or her notice later than when it was served, or

 Rule 5-1 (5) (a) and (b) BEFORE amended by BC Reg 120/2014, effective July 1, 2014.

(a) the plaintiff must, within 14 days after the notice of case planning conference in the action was served by the plaintiff or, if the notice of case planning conference was served by another party of record, within 14 days after receipt of that notice of case planning conference,

(i) file the plaintiff's case plan proposal, and

(ii) serve a copy of the filed case plan proposal on all parties of record;

(b) each other party of record must, within 14 days after receipt of the plaintiff's case plan proposal,

(i) file the party's case plan proposal, and

(ii) serve a copy of the filed case plan proposal on all parties of record.

 Rule 5-1 (4) (a) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

(a) must be made by requisition in Form 17,

 Rule 5-1 (4) (b) BEFORE repealed by BC Reg 176/2023, effective September 1, 2023.

(b) must be supported by a letter signed by the party or the party's lawyer setting out the reasons why the order is sought, and

 Rule 5-2 (4) (a) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

(a) must be made by requisition in Form 17,

 Rule 5-2 (4) (b) BEFORE repealed by BC Reg 176/2023, effective September 1, 2023.

(b) must be supported by a letter signed by the person or the person's lawyer setting out the reasons why the order is sought, and

 Rule 5-2 (1) and (6) (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 5-3 (1) (s.1) was added by BC Reg 119/2010, effective July 1, 2010.

 Rule 5-3 (8) was enacted by BC Reg 321/2021, effective April 4, 2022.

 Rule 5-3 (1) (part), (2) (part), (3), (5) and (8) (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 5-3 (1) (v) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(v) any orders the judge or master considers will further the object of these Supreme Court Civil Rules.

 Rule 5-4 BEFORE repealed by BC Reg 321/2021, effective April 4, 2022.

Rule 5-4 — Applications to Amend Case Plan Orders

 Rule 6-1 (1) and (7) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(1)  Subject to Rules 6-2 (10) and 7-7 (5), a party may amend the whole or any part of a pleading filed by the party

Responding to amended pleading

(7)  If an originating pleading is amended under this rule and served under subrule (4) (b) on a person who is not yet a party of record, the person has the same period of time for filing a responding pleading to that amended originating pleading as the party had to file a responding pleading to the original version of the originating pleading.

 Rule 6-1 (1) BEFORE amended by BC Reg 120/2014, effective July 1, 2014.

 Rule 6-1 (1) (part) BEFORE amended by BC Reg 104/2019, effective July 1, 2019.

 Rule 6-1 (5) (a) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(a) may amend, under this rule, any pleading he or she had filed in response to the original version of the primary pleading but only with respect to any matter raised by the amendments to the primary pleading, and

 Rule 6-1 (6) (a) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(a) the pleading he or she filed in response to the original version of the primary pleading is deemed to be the pleading he or she filed in response to the amended pleading, and

 Rule 6-2 (1), (2), (3), (4) (parts) and (7) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Party ceasing to exist

(1)  If a party dies or becomes bankrupt, or a corporate party is wound up or otherwise ceases to exist, but the claim survives, the action may continue in spite of the death or bankruptcy or the corporate party having been wound up or ceasing to exist.

Effect of death

(2)  Whether or not the claim survives, an action may continue in spite of either party dying between the verdict or finding on the issues of fact and the entry of judgment, but judgment may be entered despite the death.

Assignment or conveyance of interest

(3)  If, by assignment, conveyance or death, an estate, interest or title devolves or is transferred, an action relating to that estate, interest or title may be continued by or against the person on whom that estate, interest or title has devolved or to whom that estate, interest or title has been transferred.

Change or transmission of interest or liability

(4)  If, after the start of an action,

the court may order that the action be continued between the continuing parties and the new party.

Adding, removing or substituting parties by order

(7)  At any stage of an action, the court, on application by any person, may, subject to subrules (9) and (10),

(a) order that a person cease to be party if that person is not, or has ceased to be, a proper or necessary party,

(b) order that a person be added or substituted as a party if

(i)  that person ought to have been joined as a party, or

(ii)  that person's participation in the action is necessary to ensure that all matters in the action may be effectually adjudicated on, and

(c) order that a person be added as a party if there may exist, between the person and any party to the action, a question or issue relating to or connected with

(i)  any relief claimed in the action, or

(ii)  the subject matter of the action

that, in the opinion of the court, it would be just and convenient to determine as between the person and that party.

 Rule 6-2 (9.1) was enacted by BC Reg 104/2019, effective July 1, 2019.

 Rule 7-1 (9) (part), (11), (15) and (16) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Supplementary list of documents

(9) 

the party must promptly serve on the other parties of record a supplementary list of documents specifying the inaccuracy or document.

Party may demand additional documents

(11)  If a party who has received a list of documents believes that the list should include documents or classes of documents that relate to any or all matters in question in the action but that are additional to the documents or classes of documents required under subrule (1) (a) or (9), the party, by written demand that identifies the additional documents or classes of documents with reasonable specificity and that indicates the reason why such additional documents or classes of documents should be disclosed, may require the party who prepared the list to

(a) prepare a supplementary list of documents,

(b) serve on the demanding party the supplementary list of documents, and

(c) make the originals of the newly listed documents available for inspection and copying in accordance with subrules (15) and (16).

Inspection of documents

(15)  A party who has served a list of documents on any other party must allow the other party to inspect and copy, during normal business hours and at the location specified in the list of documents, the listed documents that are in the listing party's possession or control, except those documents that the listing party objects to producing.

Copies of documents

(16)  If a party is entitled to inspect documents in the possession or control of another party, the party having possession or control of the documents must, on the request of the party entitled to inspection and on receiving payment in advance of the cost of reproduction and service, serve on the requesting party copies of the documents, if reproducible, for which a request has been made.

 Rule 7-1 (10) (a) and (b) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(a) prepare a supplementary list of documents,

(b) serve on the demanding party the supplementary list of documents, and

 Rule 7-1 (12) (b) (i) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(i)  why a supplementary list of documents that includes those documents is not being prepared and served, and

 Rule 7-1 (12) (c) (i) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(i)  why a supplementary list of documents that includes those documents is not being prepared and served, and

 Rule 7-1 (14) (b) (i) and (ii) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(i)  prepare a supplementary list of documents to list additional documents that are or have been in the party's possession or control relating to any or all matters in question in the action,

(ii)  serve the supplementary list of documents on all parties of record, and

 Rule 7-2 (8) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Examination of guardian and infants

(8)  If a party to be examined for discovery is an infant, the infant, his or her guardian and his or her litigation guardian may be examined for discovery.

 Rule 7-2 (13) (b) BEFORE amended by BC Reg 112/2012, effective July 1, 2012.

(b) in any other case, ensure that, at least 7 days before the examination for discovery, the person to be examined is served with an appointment in Form 23 and is tendered witness fees in the amount required under Schedule 3 of Appendix C;

 Rule 7-2 (1) (a) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(a) make himself or herself available, or

 Rule 7-2 (8), (9), (16), (17), (19) (part), (22), (23) and (25) (part) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 7-2 (18) (a) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(a) must answer any question within his or her knowledge or means of knowledge regarding any matter, not privileged, relating to a matter in question in the action, and

 Rule 7-4 (3) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Continuing obligation to provide summary

(3)  If a party who has provided a witness list or an amended witness list later learns that the list is inaccurate or incomplete, the party must promptly amend the witness list to make it accurate and complete and serve a copy of the amended witness list on all parties of record.

 Rule 7-4 BEFORE repealed by BC Reg 149/2022, effective October 3, 2022.

Rule 7-4 — Witness Lists

 Rule 7-5 (4) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 8-1 (6), (13), (15) (part), (18), (19) (part), (20) and (22) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Date and time if hearing time more than 2 hours

(6)  If the application is estimated to take more than 2 hours, the date and time of hearing must be fixed by a registrar.

Applicant may respond

(13)  An applicant who wishes to respond to any document served under subrule (12) must file and serve on each application respondent any responding affidavits no later than noon on the day before the date set for the hearing.

Application record

(15)  Subject to subrule (18), if an application will be opposed, the applicant must provide to the registry, no later than noon on the day before the date set for the hearing, an application record as follows:

If application respondent's application is to be heard at the hearing

(18)  If an application respondent intends to set an application for hearing at the same time as the applicant's application, those parties must, so far as is possible, prepare and provide to the registry where the hearing is to take place a joint application record and agree to a date for the hearing of both applications.

Application record to be returned

(19)  Unless the court otherwise orders, the applicant must, unless the application record was provided to the registry electronically, retrieve the application record

Application record to be returned to the registry

(20)  If the application record has been retrieved by the applicant under subrule (19) (b), the applicant must return the application record to the registry between 9:00 a.m. on the second court day before, and noon on the court day before, the new date set for the hearing of the application.

Application respondent may apply for directions

(22)  If the applicant does not set an application for hearing within a reasonable time after an application respondent has requested the applicant to do so, an application respondent may apply, by requisition in Form 17 on 2 days' notice, for directions.

 Rule 8-1 (15) (a) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(a) unless the application record is provided to the registry electronically, the application record must be in a ring binder or in some other form of secure binding;

 Rule 8-1 (21.1) was enacted by BC Reg 119/2010, effective July 1, 2010.

 Rule 8-1 (1), (4), (9), (13), (14), (15), (17), (20) and (22) BEFORE amended by BC Reg 241/2010, effective July 30, 2010.

Definition

(1)  In this rule, "application respondent" means a person who files an application response under subrule (9),

Contents of notice of application

(4)  A notice of application must be in Form 32, must not exceed 10 pages in length and must

(a) set out the orders sought,

(b) briefly summarize the factual basis for the application,

(c) set out the rule, enactment or other jurisdictional authority relied on for the orders sought and any other legal arguments on which the orders sought should be granted,

(d) list the affidavits and other documents on which the applicant intends to rely at the hearing of the application,

(e) set out the applicant's estimate of the time the application will take for hearing,

(f) subject to subrules (5) and (6), set out the date and time of the hearing of the application,

(g) set out the place for the hearing of the application in accordance with Rule 8-2, and

(h) provide the data collection information required in the appendix to the form.

Application response

(9)  A person who is served with documents referred to in subrule (7) of this rule and who wishes to respond to the notice of application (in this subrule called the "responding person") must file the following within 5 days after service or, in the case of an application under Rule 9-7, within 11 days after service

(a) an application response;

(b) the original of every affidavit, and of every other document, that

(i)  is to be referred to by the responding person at the hearing, and

(ii)  has not already been filed in the proceeding.

Applicant may respond

(13)  An applicant who wishes to respond to any document served under subrule (12) must file and serve on each application respondent any responding affidavits no later than 4 p.m. on the day that is one full day before the date set for the hearing.

[am. BC Reg. 119/2010, Sch. A, s. 17(b).]

No additional affidavits

(14)  Unless all parties of record consent or the court otherwise orders, a party must not serve any affidavits additional to those served under subrules (7), (12) and (13).

(15)  Subject to subrule (18), the applicant 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, an application record as follows:

Service of application record index

(17)  The applicant must serve a copy of the application record index on each application respondent no later than noon of the court day before the date set for the hearing.

Information not to be disclosed

(20)  Despite subrule (19), information concerning the insurance policy must not be disclosed to the court at trial unless it is relevant to an issue in the action.

Application respondent may apply for directions

(22)  If, after an application has been adjourned generally, the applicant does not reset the application for hearing within a reasonable time after an application respondent has requested the applicant to do so, an application respondent may apply, by requisition in Form 17 on 2 days' notice, for directions.

[am. BC Reg. 119/2010, Sch. A, s. 17 (h).]

 Rule 8-1 (8) (a) and (b) BEFORE amended by BC Reg 241/2010, effective July 30, 2010.

(a) subject to paragraph (b) of this subrule, at least 7 days before the date set for the hearing of the application, or

(b) in the case of an application under Rule 9-7, at least 14 days before the date set for the hearing of the application.

 Rule 8-1 (10) (b) (ii) BEFORE amended by BC Reg 241/2010, effective July 30, 2010.

(ii)  list the affidavits and other documents on which the application respondent intends to rely at the hearing of the application, and

 Rule 8-1 (19) (b) BEFORE amended by BC Reg 241/2010, effective July 30, 2010.

(b) the amount of money available under the policy, and any communication from an insurer denying or limiting liability under the policy.

 Rule 8-1 (21.1) (b) BEFORE amended by BC Reg 241/2010, effective July 30, 2010.

(b) serve a copy of the filed requisition on the application respondents at least 2 days before the date set for the hearing.

 Rule 8-1 (12) BEFORE repealed by BC Reg 241/2010, effective July 30, 2010.

Service of application response materials

(12)  An application respondent must serve on the applicant 2 copies of the following, and on every party of record one copy of the following, at least 2 days before the date set for the hearing of the application:

(a) a copy of the filed application response;

(b) a copy of each of the filed affidavits and documents, referred to in the application response under subrule (10) (b) (ii), that has not already been served on that person;

(c) if the application is brought under Rule 9-7, any notice that the application respondent is required to give under Rule 9-7 (9).

 Rule 8-1 (7) (part) BEFORE amended by BC Reg 120/2014, effective July 1, 2014.

 Rule 8-1 (1) BEFORE re-enacted by BC Reg 176/2023, effective September 1, 2023.

 Rule 8-1 (15) (part) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Rule 8-1 (15) (e) was added by BC Reg 176/2023, effective September 1, 2023.

 Rule 8-1 (15.1) to (15.6) were enacted by BC Reg 239/2023, effective January 15, 2024.

 Rule 8-1 (21.1) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

 Rule 8-1 (21.1) (a) (v) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(v) whether the orders sought are within the jurisdiction of a master, and

 Rule 8-1 15 (b) (i) BEFORE amended by BC Reg 165/2024, effective September 9, 2024.

(i) a title page bearing the style of proceeding and the names of the lawyers, if any, for the applicant and the application respondents;

 Rule 8-1 21 (a) (i.1) was added by BC Reg 165/2024, effective September 9, 2024.

 Rule 8-2 (7) and (8) BEFORE repealed by BC Reg 119/2010, effective July 1, 2010.

Transfer of file

(7)  If a procedure authorized by subrule (2) or (4) is followed,

(a) the registry out of which the proceeding is being conducted must, if practicable, transfer the file to the registry where the hearing is to take place, and

(b) after the disposition of the application, the registry where the hearing took place must return the file to the registry out of which the proceeding is being conducted.

Forwarding of materials if transfer of file impracticable

(8)  If it is not practicable to transfer the file in the manner contemplated by subrule (7) (a), the registry where the hearing took place must, after the disposition of the application, forward to the registry out of which the proceeding is being conducted

(a) all documents filed in relation to the application in the registry where the hearing took place, and

(b) any order made in that application.

 Rule 8-2 (5) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 8-3 (2) (a) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(a) refer the application to a judge or, if the order sought is within the jurisdiction of a master, to a judge or master, or

 Rule 8-3 (3) (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 8-4 (1) (c) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(c) evidence in support of the application.

 Rule 8-4 (2) and (3) BEFORE repealed by BC Reg 119/2010, effective July 1, 2010.

Referral by registrar

(2)  On being satisfied that the materials appropriate for an application referred to in subrule (1) have been filed in accordance with subrule (1), a registrar may refer the application to a judge or, if the order sought is within the jurisdiction of a master, to a judge or master.

Disposition of referred applications

(3)  If an application is referred by a registrar to a judge or master under subrule (2), the judge or master may

(a) make the order, or

(b) give directions respecting the application.

 Rule 8-5 (2) BEFORE amended by BC Reg 120/2014, effective July 1, 2014.

 Rule 8-6 (1) (a) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(a) the case planning conference judge or master must give directions respecting the application, including directions respecting

(i) the documents to be filed in support of the application, and

(ii) the persons on whom and the dates by which the documents referred to in subparagraph (i) and any other documents the judge or master may identify must be served, and

 Rule 9-1 (5) (c) and (d) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(c) award to a party, in respect of all or some of the steps taken in the proceeding after the date of delivery of the offer to settle, costs to which the party would have been entitled had the offer not been made;

(d) if the offer was made by a defendant and the judgment awarded to the plaintiff was no greater than the amount of the offer to settle, award to the defendant the defendant's costs in respect of all or some of the steps taken in the proceeding after the date of delivery of the offer to settle.

 Rule 9-2 (1) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

Settlement conference

(1)  If, at any stage of an action, a judge or master directs that the parties attend a settlement conference, the parties must attend before a judge or master who must, in private and without hearing witnesses, explore all possibilities of settlement of the issues that are outstanding.

 Rule 9-2 (1) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 9-5 (1) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(1)  At any stage of a proceeding, the court may order to be struck out or amended the whole or any part of a pleading or other document on the ground that

 Rule 9-6 (3) (b) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(b) if the answering party wishes to make any other response to the application, the answering party may not rest on the mere allegations or denials in his or her pleadings but must set out, in affidavit material or other evidence, specific facts showing that there is a genuine issue for trial.

 Rule 9-7 (7) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Application of Rules 11-6 and 11-7

(7)  Rules 11-6 (2) and 11-7 (1) apply to a summary trial application.

 Rule 9-7 (10) (b) BEFORE amended by BC Reg 241/2010, effective July 30, 2010.

(b) by a party who is not an applicant, in accordance with Rule 8-1 (12).

 Rule 9-7 (7.1) was enacted by BC Reg 18/2019, effective February 11, 2019.

 Rule 9-7 (7.1) BEFORE amended by BC Reg 18/2019, effective February 1, 2020.

 Rule 9-7 (7.1) BEFORE repealed by BC Reg 207/2020, effective August 10, 2020.

 Rule 9-7 (13) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 9-8 (3), (4) and (7) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 10-2 (4) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 11-1 (1) (a.1) was added by BC Reg 149/2022, effective October 3, 2022.

 Rule 11-2 (2) (part) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 11-3 (1) (part) BEFORE amended by BC Reg 18/2019, effective February 11, 2019.

 Rule 11-3 (1) (part) BEFORE amended by BC Reg 207/2020, effective August 10, 2020.

 Rule 11-3 (4) (a) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(a) identifies the matters referred to in subrule (1) (a) to (h) that are in dispute and states his or her position on those matters,

 Rule 11-3 (6) (b) (part) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(b) the agreement must be signed by the expert to signify that he or she

 Rule 11-5 (4) and (8) (part) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 11-6 (1) (d) and (e) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(d) the nature of the opinion being sought and each issue in the proceeding to which the opinion relates;

(e) the expert's opinion respecting each issue and, if there is a range of opinions given, a summary of the range and the reasons for the expert's own opinion within that range;

 Rule 11-6 (1) (b) and (f) (part) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(b) the expert's qualifications and employment and educational experience in his or her area of expertise;

(f) the expert's reasons for his or her opinion, including

 Rule 11-6 (1) (f) (ii) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(ii) a description of any research conducted by the expert that led him or her to form the opinion, and

 Rule 11-6 (8) (a) (iv) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(iv) the results of any test conducted by or for the expert, or of any inspection conducted by the expert, if the expert has relied on that test or inspection in forming his or her opinion, and

 Rule 11-7 (6) (part) BEFORE amended by BC Reg 18/2019, effective February 11, 2019.

 Rule 11-7 (6) (part) BEFORE amended by BC Reg 207/2020, effective August 10, 2020.

 Rule 11-8 was enacted by BC Reg 18/2019, effective February 11, 2019.

 Rule 11-8 (11) BEFORE amended by BC Reg 56/2019, effective March 22, 2019.

 Rule 11-8 heading BEFORE amended by BC Reg 18/2019, effective February 1, 2020.

Rule 11-8 — Experts in Vehicle Actions

 Rule 11-8 (3) (part), (4) (part), (5) (part) and (8) (part) BEFORE amended by BC Reg 18/2019, effective February 1, 2020.

 Rule 11-8 (10) BEFORE re-enacted by BC Reg 18/2019, effective February 1, 2020.

 Rule 11-8 (12) was enacted by BC Reg 18/2019, effective February 1, 2020.

 Rule 11-8 BEFORE repealed by BC Reg 207/2020, effective August 10, 2020.

Rule 11-8 — Expert Opinion Evidence on Damages for Personal Injury or Death

 Rule 12-1 (3) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Content of notice of trial

(3)  A notice of trial filed under subrule (2) must set out

(a) the date set out in a case plan order for the trial management conference required under Rule 12-2 or, if no date for a trial management conference is set out in a case plan order, the date obtained for the trial management conference from the registry, and

(b) the date set out in a case plan order for the trial or, if no trial date is set out in a case plan order, the trial date obtained from the registry.

 Rule 12-1 (6) BEFORE amended by BC Reg 65/2013, effective July 1, 2013.

When notice of trial must be served

(6)  Promptly after a notice of trial has been filed, the plaintiff, or such other party as may be ordered by the court, must serve a copy of the filed notice of trial on all parties of record.

 Rule 12-1.1 was enacted by BC Reg 176/2023, effective September 1, 2023.

 Rule 12-1.1 (4) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 12-2 (2), (7) (part), (9) (parts), (10) and (11) (part) BEFORE amended by BC Reg 58/2012, effective April 25, 2012.

Trial management conference must be conducted by judge

(2)  If practicable, a trial management conference is to be conducted by the judge who will preside at the trial.

Non-attendance at trial management conference

(7)  If a person who, under subrule (4), is required to attend a trial management conference fails to attend at that trial management conference, the trial management conference judge may do one or more of the following:

Orders at a trial management conference

(9)  The judge presiding at a trial management conference may consider the following and, without limiting the ability of the trial judge to make other orders at trial, may, whether or not on the application of a party, make orders respecting one or more of the following:

(s) any orders the judge considers will further the object of these Supreme Court Civil Rules.

When approval in writing by lawyer not required

(10)  Without limiting Rule 13-1 (2), if an order under subrule (9) of this rule is signed or initialled by the trial management conference judge, that order need not be approved in writing by a lawyer or by a party.

Prohibited orders

(11)  A trial management conference judge must not, at a trial management conference,

 Rule 12-2 (3) BEFORE re-enacted by BC Reg 3/2016, effective July 1, 2016.

 Rule 12-2 (3.1) to (3.6) were enacted by BC Reg 3/2016, effective July 1, 2016.

BC Reg 3/2016, s. 1 (a) in regards to (3.5) was further amended by BC Reg 162/2016.

 Rule 12-2 (6) (c) BEFORE repealed by BC Reg 3/2016, effective July 1, 2016.

(c) unless the court otherwise orders, may be made without notice.

 Rule 12-2 (1) and (3.1) (part) BEFORE amended by BC Reg 104/2019, effective July 1, 2019.

 Rule 12-2 (1) BEFORE re-enacted by BC Reg 176/2023, effective September 1, 2023.

 Rule 12-2 (1.1) was enacted by BC Reg 176/2023, effective September 1, 2023.

 Rule 12-2 (2) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Rule 12-2 (3), (3.1), (3.2), (3.3), (3.4), (3.5) and (3.6) BEFORE repealed by BC Reg 176/2023, effective September 1, 2023.

 Rule 12.2 (5) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Rule 12.2 (6) BEFORE re-enacted by BC Reg 176/2023, effective September 1, 2023.

 Rule 12-2 (2), (7) (part), (9) (part), (10) and (11) (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 12-2 (9) (s) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(s) any orders the judge or master considers will further the object of these Supreme Court Civil Rules.

 Rule 12-3 (1) (b) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(b) particulars delivered under a demand, together with the demand made,

 Rule 12-3 (1) (d.1) was added by BC Reg 176/2023, effective September 1, 2023.

 Rule 12-3 (1) (a) was renumbered as (a.1) BEFORE amended by BC Reg 165/2024, effective September 9, 2024.

 Rule 12-3 (1) (a) was added by BC Reg 165/2024, effective September 9, 2024.

 Rule 12-4 (3) (d) was added by BC Reg 119/2010, effective July 1, 2010.

 Rule 12-4 (5) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

Failure to file

(5)  If no party of record files a trial certificate, the trial must be removed from the trial list.

 Rule 12-4 (1) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Rule 12-4 (3) (d) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

(d) a statement that a trial management conference has been conducted in the action.

 Rule 12-5 (28) BEFORE amended by BC Reg 149/2022, effective October 3, 2022.

 Rule 12-5 (59) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 12-5 (38) sandwich text BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 12-5 (47), (54) and (63) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 12-5 (72) (a) and (b) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(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;

 Rule 12-6 (3) (a) (part) and (b) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

(a) within 21 days after service of the notice of trial but at least 28 days before trial,

(b) at least 28 days before trial, paying to the sheriff a sum sufficient to pay for the jury and the jury process.

 Rule 12-6 (3) (a) (part) and (b) BEFORE amended by BC Reg 65/2013, effective July 1, 2013.

(a) within 21 days after service of the notice of trial but at least 30 days before trial,

(b) at least 30 days before trial, paying to the sheriff a sum sufficient to pay for the jury and the jury process.

 Rule 12-6 (0.1) and (0.2) were enacted by BC Reg 232/2020, effective September 18, 2020.

 Rule 12-6 (0.1) BEFORE amended by BC Reg 53/2021, effective March 2, 2021.

 Rule 12-6 (0.3) and (0.4) were enacted by BC Reg 53/2021, effective March 2, 2021.

 Rule 12-6 (0.1) to (0.4) BEFORE repealed by BC Reg 232/2020, as amended by BC Reg 53/2021, effective October 8, 2022.

 Rule 13-1 (1) (b) BEFORE amended by BC Reg 149/2022, effective October 3, 2022.

(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,

 Rule 13-1 (1.1) to (1.4) were enacted by BC Reg 149/2022, effective October 3, 2022.

 Rule 13-1 (12) BEFORE amended by BC Reg 149/2022, effective October 3, 2022.

 Rule 13-1 (3) (a.1) was added by BC Reg 176/2023, effective September 1, 2023.

 Rule 13-1 (2), (7) and (11) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 13-2 (35) was enacted by BC Reg 119/2010, effective July 1, 2010.

 Rule 13-2 (6), (8) and (24) (part) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 13-3 (28) BEFORE repealed by BC Reg 119/2010, effective July 1, 2010.

Enforcement of certificate

(28)  If a certificate under Rule 14-1 (27) or 18-1 (2) has been filed, it may be enforced as if it were an order of the court.

 Rule 13-3 (10) (d) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(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

 Rule 13-3 (5) (b) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(b) a master, or

 Rule 13-3 (8) (e) (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(e) if the examiner is a master or registrar,

 Rule 13-3 (11) sandwich text BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 13-3 (3) and (21) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 13-3 (13) (b) and (c) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(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.

 Rule 13-4 (5) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Examination of person other than judgment debtor

(5)  On being satisfied that any other person may have knowledge of the matters set out in subrule (1), the court may order that other person to be examined for discovery concerning the person's knowledge.

 Rule 13-4 (7) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

Application of examination for discovery rules

(7)  Rule 7-2 (4), (5), (11), (12), (13) (a) and (b), (14), (16) to (18), (22) to (28) applies to an examination under this rule.

 Rule 13-4 (10) and (11) were enacted by BC Reg 95/2011, effective July 1, 2011.

 Rule 13-4 (11) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 14-1 (6) BEFORE repealed by BC Reg 44/2014, effective March 31, 2014.

 Rule 14-1 (7) (a), (b) and (c) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(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.

 Rule 14-1 (33) (b) and (c) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(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;

 Rule 14-1 (36) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 15-1 (2) (a.1) was added by BC Reg 119/2010, effective July 1, 2010.

 Rule 15-1 (14) (part) BEFORE amended by BC Reg 58/2012, effective April 25, 2012.

If trial will require more than 3 days

(14)  If, as a result of the trial management conference in a fast track action, the trial management conference judge considers that the trial will likely require more than 3 days, the trial management conference judge

 Rule 15-1 (12.1) was enacted by BC Reg 18/2019, effective February 11, 2019.

 Rule 15-1 (12.1) BEFORE repealed by BC Reg 207/2020, effective August 10, 2020.

 Rule 15-1 (9) (part) and (14) (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 16-1 (10), (11) (part), (12), (14), (15) and (17) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(10)  If the hearing of the petition is estimated to take more than 2 hours, the date and time of hearing must be fixed by a registrar.

(11)  Subject to subrule (13), if a petition respondent opposes any of the relief sought in the petition, the petitioner must provide to the registry, no later than noon on the day before the date set for the hearing, a petition record as follows:

(12)  The petitioner must serve a copy of the petition record index on each petition respondent no later than noon of the court day before the date set for the hearing.

(14)  Unless the court otherwise orders, the applicant must, unless the petition record was provided to the registry electronically, retrieve the petition record

Petition record to be returned to registry

(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 noon on the court day before, the new date set for the hearing of the petition.

(17)  If the petitioner does not set a petition for hearing within a reasonable time after a petition respondent has requested the petitioner to do so, a petition respondent may apply, by requisition in Form 17 on 2 days' notice, for directions.

 Rule 16-1 (11) (a) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(a) unless the petition record is provided to the registry electronically, the petition record must be in a ring binder or in some other form of secure binding;

 Rule 16-1 (19) (b) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(b) subject to Rules 6-2 (10) and 7-7 (5),

 Rule 16-1 (16.1) was enacted by BC Reg 119/2010, effective July 1, 2010.

 Rule 16-1 (4) (c) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

(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 resides anywhere in Canada, within 21 days after the date on which a copy of the filed petition was served on the petition respondent under subrule (3);

(ii)  if the petition respondent resides in the United States of America, within 35 days after the date on which a copy of the filed petition was served on the petition respondent under subrule (3);

(iii)  if the petition respondent resides elsewhere, within 49 days after the date on which a copy of the filed petition was served on the petition respondent under subrule (3).

 Rule 16-1 (17) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

Petition respondent may apply for directions

(17)  If, after the hearing of a petition has been adjourned generally, the petitioner does not reset the hearing within a reasonable time after a petition respondent has requested the petitioner to do so, a petition respondent may apply, by requisition in Form 17 on 2 days' notice, for directions.

[am. BC Reg. 119/2010, Sch. A, s. 32 (g).]

 Rule 16-1 (6.1) to (6.3) were enacted by BC Reg 149/2022, effective October 3, 2022.

 Rule 16-1 (11) (part) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Rule 16-1 (11) (e) was added by BC Reg 176/2023, effective September 1, 2023.

 Rule 16-1 (12) and (15) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Rule 16-1 (11.1) and (11.2) were enacted by BC Reg 239/2023, effective January 15, 2024.

 Rule 16-1 (16.1) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

 Rule 16-1 (16.1) (a) (v) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(v) whether the orders sought are within the jurisdiction of a master, and

 Rule 16-1 (11) (b) (i) BEFORE amended by BC Reg 165/2024, effective September 9, 2024.

(i) a title page bearing the style of proceeding and the names of the lawyers, if any, for the petitioner and the petition respondents;

 Rule 16-1 (16.1) (a) (i.1) was added by BC Reg 165/2024, effective September 9, 2024.

 Rule 17-1 (3) (a) (ii) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(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

 Rule 17-1 (3) (b) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(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.

 Rule 17-1 (4) and (5) (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 18-1 (10) BEFORE re-enacted by BC Reg 277/2023, effective January 15, 2024.

 Rule 18-1 (1), (2), (5) (part) and (8) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 18-3 (8) (a) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

(a) within 7 days after the service of the notice of appeal, file a notice of interest in Form 70, and

 Rule 19-1 (3) BEFORE repealed by BC Reg 95/2011, effective July 1, 2011.

Filings required

(3)  If a proceeding is transferred to the Supreme Court in the manner referred to in subrule (2), the claimant in the Provincial Court proceeding must

(a) obtain from the Provincial Court certified copies of

(i)  the transfer order,

(ii)  the notice of claim filed in the Provincial Court, and

(iii)  the replies, if any, filed in the Provincial Court, and

(b) file those certified copies in the registry of the Supreme Court.

 Rule 19-1 (4) to (6) BEFORE re-enacted by BC Reg 95/2011, effective July 1, 2011.

Documents to be filed as presented

(4)  On the documents referred to in subrule (3) being submitted for filing,

(a) a registrar must accept for filing

(i)  the notice of claim referred to in subrule (3) (a) (ii) as if it were a notice of civil claim that meets the requirements of Rule 3-1, and

(ii)  each reply referred to in subrule (3) (a) (iii) as if it were a response to civil claim that meets the requirements of Rule 3-3,

(b) the notice of claim referred to in subrule (3) (a) (ii), once filed, is deemed to be the notice of civil claim filed in the action, and

(c) each reply referred to in subrule (3) (a) (iii), once filed, is deemed to be a response to civil claim filed in the action.

Plaintiff must file and serve amended notice of civil claim

(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 referred to in subrule (4) (b)

(i)  by adding above the style of proceeding the words "Transferred Proceeding" in at least 14 point type, and

(ii)  by otherwise making the notice of claim accord with Rule 3-1,

(b) within 21 days after the transfer, file the amended notice of claim in the Supreme Court registry nearest to the Provincial Court registry in which the Provincial Court proceeding was started, and

(c) serve a copy of the filed amended notice of claim in accordance with Rule 3-2.

Amended reply and counterclaim

(6)  A defendant must, within 14 days after the date of service of the amended notice of claim under subrule (5),

(a) amend the reply referred to in subrule (4) (c)

(i)  by adding "Transferred Proceeding" in 14 point type above the style of proceeding, and

(ii)  by otherwise making the reply accord with Rule 3-3,

(b) amend any counterclaim filed by the defendant in the Provincial Court proceeding

(i)  by adding "Transferred Proceeding" in 14 point type above the style of proceeding, and

(ii)  by otherwise making the counterclaim accord with Rule 3-4,

(c) file the amended reply and any amended counterclaim in the Supreme Court registry referred to in subrule (5) (b), and

(d) serve a copy of the filed amended reply and any amended counterclaim in accordance with Part 3.

 Rule 19-1 (6.1) was enacted by BC Reg 95/2011, effective July 1, 2011.

 Rule 19-1 (8) (a) BEFORE repealed by BC Reg 112/2012, effective July 1, 2012.

(a) no fees are payable for the filings required under subrule (3);

 Rule 19-5 was enacted by BC Reg 115/2019, effective July 1, 2019.

 Rule 20-2 (16) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Litigation guardian must be appointed

(16)  If no response to civil claim, response to counterclaim or response to petition has been filed to a notice of civil claim, counterclaim or petition on behalf of a person under disability, the person who started the proceeding, before continuing the proceeding against the person under disability, must obtain an order from the court appointing a litigation guardian for the person under disability.

 Rule 20-2 (2), (7) (part), (8) (part) and (10) (part) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 20-2 (3) (a) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(a) be done on the party's behalf by his or her litigation guardian, or

 Rule 20-3 (12) and (13) BEFORE repealed by BC Reg 90/2014, effective May 26, 2014.

 Rule 20-3 (4) and (8) (part) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 20-3 (14) (a) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(a) the person must give a written authorization to his or her lawyer authorizing use of the person's name, and

 Rule 20-5 (3) (c) BEFORE repealed by BC Reg 95/2011, effective July 1, 2011.

(c) one of the following:

(i)  proof that the applicant receives benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act;

(ii)  an affidavit in Form 80.

 Rule 20-5 (1) (part) and (5) (part) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Court may determine indigent status

(1)  If the court, on application made in accordance with subrule (3) before or after the start of a proceeding, finds that a person receives benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act or is otherwise indigent, the court may order that no fee is payable by the person to the government under Appendix C in relation to the proceeding unless the court considers that the claim or defence

No fee payable

(5)  Despite anything in this rule, if the court makes an order in relation to a person under this rule, no fee is payable to the government by that person in relation to

 Rule 20-5 title and (1) (part) BEFORE amended by BC Reg 112/2012, effective July 1, 2012.

Rule 20-5  -  Persons Who Are Indigent

(1)  If the court, on application made in accordance with subrule (3) before or after the start of a proceeding, finds that a person receives benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act or is otherwise indigent, the court may order that no fee is payable by the person to the government under Schedule 1 of Appendix C in relation to the proceeding unless the court considers that the claim or defence

 Rule 20-5 title and (1) BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

Rule 20-5 — Persons Who Are Impoverished

 Rule 20-6 was enacted by BC Reg 90/2014, effective May 26, 2014.

 Rule 21-1 (32) (g) and (i) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(g) the course being steered and the speed through the water of the ship when the other ship was first seen or immediately before any measures were taken with reference to her presence, whichever was the earlier, and all subsequent alterations to the course or speed of the ship up to the time of the collision;

(i) the distance and bearing of the other ship if and when her echo was first observed by radar;

 Rule 21-4 BEFORE repealed by BC Reg 149-2013, effective March 31, 2014.

Rule 21-4 — Administration of Estates (Contentious)

 Rule 21-5 BEFORE repealed by BC Reg 149-2013, effective March 31, 2014.

Rule 21-5 — Administration of Estates (Non-Contentious)

 Rule 21-6 title BEFORE amended by BC Reg 149/2013, effective March 31, 2014.

Rule 21-6 — Wills Variation Act

 Rule 21-6 (1), (3) and (4) BEFORE amended by BC Reg 149/2013, effective March 31, 2014.

 Rule 21-6 (2) (a) (i) and (ii) BEFORE amended by BC Reg 149-2013, effective March 31, 2014.

(i) the surviving spouse and children of the testator;

(ii) all beneficiaries under the testator's will whose interest may be affected by the order sought;

 Rule 21-6 (3) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 21-7 (4.1) was enacted by BC Reg 321/2021, effective April 4, 2022.

 Rule 21-7 (5) (b) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(b) order that a respondent must, within a redemption period that the court may fix, pay to the petitioner what is due under the mortgage and for costs, and that, in default of payment, the respondent is to be foreclosed of his or her equity of redemption;

 Rule 21-8 (1) and (3) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(1)  A party who has been served with a notice of civil claim, counterclaim, third party notice or petition in a proceeding, whether that service was effected in or outside British Columbia, may, after filing a jurisdictional response in Form 108,

(3)  If a party who has been served with a notice of civil claim, counterclaim, third party notice or petition in a proceeding, whether served in or outside British Columbia, alleges that the notice of civil claim, counterclaim, third party notice or petition is invalid or has expired or that the purported service of the notice of civil claim, counterclaim, third party notice or petition was invalid, the party may, after filing a jurisdictional response in Form 108, apply for one or both of the following:

 Rule 22-1 (1) (d) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(d) an appeal from, or an application to confirm, change or set aside, an order, a report, a certificate or a recommendation of a master, registrar, special referee or other officer of the court;

 Rule 22-2 (13) (b) (i) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(i)  in respect of an application for an order that does not seek a final order, or

 Rule 22-2 (9) BEFORE re-enacted by BC Reg 321/2021, effective April 4, 2022.

 Rule 22-2 (4) (b) (ii) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(ii) if the person swearing or affirming the affidavit is unable to sign the affidavit, places his or her mark on it, and

 Rule 22-2 (6) and (7) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 22-2 (5) BEFORE amended by BC Reg 165/2024, effective September 9, 2024.

 Rule 22-2 (6.1) was enacted by BC Reg 165/2024, effective September 9, 2024.

 Rule 22-3 (1) BEFORE amended by BC Reg 149-2013, effective March 31, 2014.

 Rule 22-3 (5.1) was enacted by BC Reg 103/2015, effective July 1, 2015.

 Rule 22-3 (3) BEFORE repealed by BC Reg 166/2024, effective July 2, 2024.

 Rule 22-6 (1) (b) and (c) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(b) having acted on his or her own behalf, may engage a lawyer to act, or

(c) having been represented by a lawyer, may discharge the lawyer and act on his or her own behalf,

 Rule 22-7 (5) (a) and (b) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(a) refuses or neglects to obey a subpoena or to attend at the time and place appointed for his or her examination for discovery,

(b) refuses to be sworn or to answer any question put to him or her,

 Rule 22-9 was enacted by BC Reg 239/2023, effective January 15, 2024.

 Rule 23-1 (11) (b) sandwich text BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Rule 23-1 (12) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Rule 23-2 (4) (c) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(c) any of the following documents, unless their submission by fax is authorized by the Trial Coordinator of the receiving registry:

 Rule 23-2 (4) (c) (iii) and (iv) BEFORE repealed by BC Reg 119/2010, effective July 1, 2010.

(iii)  an application for a trial date;

(iv)  a request for a trial date;

 Rule 23-2 (1) BEFORE amended by BC Reg 321/2021, effective April 4, 2022.

 Rule 23-3 (3) (a) BEFORE amended by BC Reg 27/2013, effective March 18, 2013.

(a) enter into an agreement with the Court Services Branch of the Ministry of Attorney General respecting the terms and conditions under which those filings may be made, and

 Rule 23-3 (5) (b) (ii) BEFORE amended by BC Reg 120/2014, effective July 1, 2014.

(ii) an application record or a petition record;

 Rule 23-3 (3) (a) BEFORE amended by BC Reg 99/2018, effective May 18, 2018.

(a) enter into an agreement with the Court Services Branch of the Ministry of Justice respecting the terms and conditions under which those filings may be made, and

 Rule 23-3 (5) (a) (i) BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

(i) probate;

 Rule 23-3 (5) (a) BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

(a) any document pertaining to the following:

(i) probate, other than documents respecting an application that, under Part 25, does not require the filing of an originally signed version of a will;

(ii) reciprocal enforcement of orders under the Court Order Enforcement Act;

 Rule 23-3 (5) (b) (viii) was added by BC Reg 250/2021, effective December 1, 2021.

 Rule 23-4 (10) (a) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

(a) invest as he or she sees fit all or any part of the funds, and

 Rule 23-5 (3) BEFORE amended by BC Reg 65/2013, effective July 1, 2013.

Urgency or convenience

(3)  In case of urgency, the court or a registrar may conduct a hearing and make an order or decision by telephone or other communication medium.

 Rule 23-5 (4.1) was enacted by BC Reg 65/2013, effective July 1, 2013.

 Rule 23-5 (5) (part) BEFORE amended by BC Reg 65/2013, effective July 1, 2013.

(5)  An application under subrule (4) for a direction that an application be heard by way of telephone, video conference or other communication medium

 Rule 23-5 (4) (a) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

(a) that an application be heard by way of telephone, video conference or other communication medium, and

 Rule 23-5 (4.1) (a) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

(a) that a hearing before a registrar be heard by way of telephone, video conference or other communication medium, and

 Rule 23-5 (5) BEFORE re-enacted by BC Reg 176/2023, effective September 1, 2023.

 Rule 23-5 (2) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 23-6 (4) (b) BEFORE amended by BC Reg 112/2012, effective July 1, 2012.

(b) exercise the powers that, under Rule 22-1 (2) and (3), may be exercised by the court,

 Rule 23-6 (3.1) and (3.2) were enacted by BC Reg 65/2013, effective July 1, 2013.

 Rule 23-6 (3) BEFORE repealed by BC Reg 149-2013, effective March 31, 2014.

 Rule 23-6 (8) to (10) BEFORE repealed by BC Reg 104/2019, effective July 1, 2019.

 Rule 23-6 (8.1) to (8.10) were enacted by BC Reg 104/2019, effective July 1, 2019.

 Rule 23-6 heading BEFORE re-enacted by BC Reg 277/2023, effective January 15, 2024.

Rule 23-6 — Masters, Registrars and Special Referees

 Rule 23-6 (1), (2), (6), (7), (8.1) and (11) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 23-6 (8.8) (b) (iv), (v), (vii) and (viii) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(iv) a copy of the order of the master or decision of the registrar or special referee that is subject to the appeal,

(v) a copy of the written reasons for judgment of the master, or reasons for decision of the registrar or special referee, or, if the reasons were given orally, a transcript of the reasons,

(vii) copies of any affidavits that were before the master, registrar or special referee that will be relied on for the appeal,

(viii) a transcript of any oral evidence heard by the master, registrar or special referee to be relied on for the appeal,

 Rule 23-6 (3.1) (b) (i)BEFORE amended by BC Reg 165/2024, effective September 9, 2024.

(i) a title page bearing the style of proceeding and the names of the lawyers, if any, for the applicant and the persons served with the appointment (in this subrule called the "respondents");

 Rule 23-6 (8.8) (b) (i)BEFORE amended by BC Reg 165/2024, effective September 9, 2024.

(i) a title page,

 Part 23.11, Rules 23.1-1 and 23.1-2 were enacted by BC Reg 236/2022, effective November 25, 2022.

 Rule 23.1-1 (4) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Part 25 was enacted by BC Reg 149/2013, effective March 31, 2014.

BC Reg 149/2013 was partially amended by BC Reg B.C. Reg. 44/2014 effective March 31, 2014.

 Rule 25-1 (1) definitions of "physical will", "subscribing witness" and "third-party electronic repository" were added by BC Reg 250/2021, effective December 1, 2021.

 Rule 25-1 (7) was enacted by BC Reg 250/2021, effective December 1, 2021.

 Rule 25-2 (2) (a) (iii) BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

(iii) each person who, under Division 1 of Part 3 of the Wills, Estates and Succession Act, would have been an intestate successor if the deceased did not leave a will and who is not referred to in subparagraph (i) or (ii) of this paragraph;

 Rule 25-2 (2) (b) (i) BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

(i) each person who, under Division 1 of Part 3 of the Wills, Estates and Succession Act, is an intestate successor of the deceased, and

 Rule 25-2 (1) BEFORE re-enacted by BC Reg 250/2021, effective December 1, 2021.

 Rule 25-2 (1.1) to (1.4) and (2.1) were enacted by BC Reg 250/2021, effective December 1, 2021.

 Rule 25-2 (3) (h) was added by BC Reg 250/2021, effective December 1, 2021.

 Rule 25-2 (10) BEFORE re-enacted by BC Reg 250/2021, effective December 1, 2021.

 Rule 25-2 (2) (b) (i) and (ii) BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

(i) each person who, under Division 1 of Part 3 of the Wills, Estates and Succession Act, is an intestate successor of the deceased or would have been an intestate successor if the estate exceeded the preferential share of the spouse as described in section 21 (2) to (5) of that Act, and

(ii) each creditor of the deceased whose claim exceeds $10 000 and who is not referred to in subparagraph (i) of this paragraph;

 Rule 25-2 (2) (a) (iv) was added by BC Reg 87/2023, effective April 3, 2023.

 Rule 25-2 (15) (part) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 25-3 (14.1) was enacted by BC Reg 103/2015, effective July 1, 2015.

 Rule 25-3 (3) (a) (i.1) was added by BC Reg 115/2019, effective July 1, 2019.

 Rule 25-3 (14) BEFORE re-enacted by BC Reg 115/2019, effective July 1, 2019.

 Rule 25-3 (23.1) was enacted by BC Reg 115/2019, effective July 1, 2019.

 Rule 25-3 (3) (a) BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

(a) if the application will be for a grant of probate or a grant of administration with will annexed,

(i) the originally signed version of the will, if that original exists or, if that original does not exist, a copy of the will,

(i.1) in addition to the will or copy provided under subparagraph (i), 2 copies of the will, and

(ii) if an order has been made that affects the validity or content of the will and that order has not yet been filed in the proceeding within which the estate grant is being sought, a copy of that order;

 Rule 25-3 (3) (a.1) was added by BC Reg 250/2021, effective December 1, 2021.

 Rule 25-3 (5) BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

 Rule 25-3 (6) (f) BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

(f) the will is not a military will executed in accordance with the requirements of section 38 of the Wills, Estates and Succession Act,

 Rule 25-3 (14) (a) (i.1) was added by BC Reg 250/2021, effective December 1, 2021.

 Rule 25-3 (22.1) was enacted by BC Reg 250/2021, effective December 1, 2021.

 Rule 25-3 (24) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 25-3 (6) (b) (i) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(i) a diligent search for a testamentary document of the deceased has been made in each place that could reasonably be considered to be a place where a testamentary document may be found, including, without limitation, in all places where the deceased usually kept his or her documents, and

 Rule 25-3 (14) (a) (i) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(i) in all places where the deceased usually kept his or her documents,

 Rule 25-3.2 was enacted by BC Reg 250/2021, effective December 1, 2021.

 Rule 25-4 (6) (b) BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

(b) proceed under Rule 25-9 to request a hearing by the court.

 Rule 25-4 (1.1) was enacted by BC Reg 250/2021, effective December 1, 2021.

 Rule 25-4 (4) (c) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(c) any further information or material that the registrar requires in order to be satisfied in relation to a matter of which he or she must be satisfied before issuing an estate grant or an authorization to obtain estate information.

 Rule 25-5 (1) and (2) BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

 Rule 25-5 (3) (a) BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

(a) if the person applying for the amendment is the person to whom the estate grant, authorization to obtain estate information or authorization to obtain resealing information was issued or on whose application the foreign grant was resealed, that person must provide to the registry the original estate grant, authorization to obtain estate information, authorization to obtain resealing information or resealed foreign grant, along with all certified and notarial copies of it, concurrently with the filing of the application record provided under Rule 8-1 (15), or

 Rule 25-5 (5) (a) (i) BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

(i) must provide to the registry the original estate grant, authorization to obtain estate information, authorization to obtain resealing information or resealed foreign grant, along with all certified and notarial copies of it, concurrently with the filing of the notice of application, and

 Rule 25-5 (1.1) and (2.1) were enacted by BC Reg 115/2019, effective July 1, 2019.

 Rule 25-5 (3) (b) (ii) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

(ii) the person who has possession or control of the estate grant, authorization to obtain estate information, authorization to obtain resealing information or resealed foreign grant must file the estate grant, authorization to obtain estate information, authorization to obtain resealing information or resealed foreign grant no later than 4 p.m. on the day that is one full day before the date set for the hearing.

 Rule 25-5 (6) (a) (i) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

(i) a requisition in Form 17, and

 Rule 25-6 (11) BEFORE re-enacted by BC Reg 250/2021, effective December 1, 2021.

 Rule 25-6 (4) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 25-7 (4) (c) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(c) any further information or material that the registrar requires in order to be satisfied in relation to a matter of which he or she must be satisfied before resealing the foreign grant.

 Rule 25-10 (1) (part) BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

 Rule 25-10 (3) (a) BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

(a) that the disputant is a person to whom documents have been or are to be delivered under Rule 25-2 (2), and

 Rule 25-11 (5) (a) (part) and (b) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(a) he or she is a person referred to in subrule (4) (b) (i), (ii) or (iii) (A) and does not

(b) he or she is a person who serves on the citor an answer referred to in subrule (4) (b) (iii) (B).

 Rule 25-11 (5) (a) (i) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(i) serve on the citor the document that, under that provision, he or she is required to serve, or

 Rule 25-12 (6) sandwich text BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 25-13 (6) (a) (part) and (b) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(a) if the applicant is the personal representative, he or she must file a statement of account affidavit in Form P40

(b) if the applicant is a person other than the personal representative, he or she must file an affidavit explaining why an accounting is required.

 Rule 25-14 (1) (part) BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

 Rule 25-14 (1) (d) and (g) BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

(d) removing or substituting a personal representative or, if different, the holder of an authorization to obtain estate information or the holder of an authorization to obtain resealing information,

(g) appointing an administrator of an estate under section 132 of the Wills, Estates and Succession Act,

 Rule 25-14 (1.1) and (1.2) were enacted by BC Reg 103/2015, effective July 1, 2015.

 Rule 25-14 (1) (part) BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

 Rule 25-14 (1) (a) BEFORE repealed by BC Reg 115/2019, effective July 1, 2019.

(a) under Rule 25-2 (14),

 Rule 25-14 (1) (r) was added by BC Reg 115/2019, effective July 1, 2019.

 Rule 25-14 (1.11) was enacted by BC Reg 115/2019, effective July 1, 2019.

 Rule 25-14 (2) (f) BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

(f) must, if there is no existing proceeding within which it is appropriate to seek that order, apply by requisition in Form P43.

 Rule 25-14 (3) BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

 Rule 25-14 (9) was enacted by BC Reg 115/2019, effective July 1, 2019.

 Rule 25-14 (1) (s) and (t) were added by BC Reg 250/2021, effective December 1, 2021.

 Rule 25-15 (5) was enacted by BC Reg 250/2021, effective December 1, 2021.

 Appendix A, List of Forms (part) BEFORE amended by BC Reg 58/2012, effective April 25, 2012.

Form 8 - Default Judgment

Form 35 - Order Made After Application [am. BC Reg. 119/2010, Sch. A, s. 45.]

Form 79 - Order for Indigent Status [am. BC Reg. 119/2010, Sch. A, s. 52.]

 Appendix A, Form 1 BEFORE repealed by BC Reg 119/2010, effective July 1, 2010.

Appendix

[The following information is provided for data collection purposes only and is of no legal effect.]

Part 1: CONCISE SUMMARY OF NATURE OF CLAIM:

Part 2: THIS CLAIM ARISES FROM THE FOLLOWING:

[Check one box below for the case type that best describes this case.]

[ ] a motor vehicle accident

[ ] personal injury, other than one arising from a motor vehicle accident

[ ] a dispute about real property (real estate)

[ ] a dispute about personal property

[ ] the lending of money

[ ] the provision of goods or services or other general commercial matters

[ ] an employment relationship

[ ] a dispute about a will or other issues concerning the probate of an estate

[ ] a matter not listed here

Part 3:

[If an enactment is being relied on, specify. Do not list more than 3 enactments.]

 Appendix A, Form 1 (a) to (c) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

(a) if you reside anywhere in Canada, within 21 days after the date on which a copy of the filed notice of civil claim was served on you,

(b) if you reside in the United States of America, within 35 days after the date on which a copy of the filed notice of civil claim was served on you,

(c) if you reside elsewhere, within 49 days after the date on which a copy of the filed notice of civil claim was served on you, or

 Appendix A, Form 3 (a) to (c) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

(a) if you reside anywhere in Canada, within 21 days after the date on which a copy of the filed counterclaim was served on you,

(b) if you reside in the United States of America, within 35 days after the date on which a copy of the filed counterclaim was served on you,

(c) if you reside elsewhere, within 49 days after the date on which a copy of the filed counterclaim was served on you, or

 Appendix A, Form 5 (a) to (c) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

(a) if you reside anywhere in Canada, within 21 days after the date on which a copy of the filed third party notice was served on you,

(b) if you reside in the United States of America, within 35 days after the date on which a copy of the filed third party notice was served on you,

(c) if you reside elsewhere, within 49 days after the date on which a copy of the filed third party notice was served on you, or

 Appendix A, Form 8 BEFORE re-enacted by BC Reg 58/2012, effective April 25, 2012.

Form 8 (Rule 3-8 (2), (3), (5), (6) and (7) )

[Style of Proceeding]

BEFORE A REGISTRAR

DEFAULT JUDGMENT

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

[Check whichever one of the following boxes is correct and complete the required information.]

[Check whichever one of the following boxes is correct and complete the required information.]

THIS COURT ORDERS that:

[Check the correct box(es) and complete the required information.]

THIS COURT FURTHER ORDERS that the defendant(s) ....................[name(s)].................... pay to the plaintiff(s):

 Appendix A, Form 8 (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

Pursuant to an order made by ........................[judge/master]........................ on ..........[dd/mmm/yyyy].......... that this proceeding continue as if no response to civil claim had been filed by the defendant(s) ....................[name(s)]....................;

 Appendix A, Form 12 (parts) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(c) by delivery to the addressee, if he or she accepts it voluntarily (second paragraph of Article 5*).

 Appendix A, Form 15 (part) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

On ........[dd/mmm/yyyy]........, at ..........[time of day].........., I served ...............[name of person served]............... with the ..........[type of document].......... in this proceeding, a copy of which is attached to this affidavit and marked as Exhibit A, by handing it to and leaving it with that person.

 Appendix A, Form 15 BEFORE re-enacted by BC Reg 120/2014, effective July 1, 2014.

Form 15 (Rule 4-6 (1) )

[Style of Proceeding]

AFFIDAVIT OF PERSONAL SERVICE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ...............[name]..............., of .......................[address]......................., ...............[occupation]..............., SWEAR (OR AFFIRM) THAT:

On ........[dd/mmm/yyyy]........, at ..........[time of day].........., I served ...............[name of person served]............... with the ..........[type of document].......... in this proceeding, a copy of which is attached to this affidavit and marked as Exhibit A, by handing it to and leaving it with that person at ........[city and country]........ .

 Appendix A, Form 15 (part) BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

[ ] the following documents that have been filed in this proceeding: [Using one line for each filed document served by personal service on the named person, describe the document including its date if available – e.g. notice of family claim between .............[name(s)]............. and ............[name(s)]............ bearing court stamp dated ........[dd/mmm/yyyy]........ , affidavit of .................[name]................. sworn ........[date]........ and bearing court stamp dated ........[dd/mmm/yyyy]........ , etc.]

 Appendix A, Form 15, section 3 was added by BC Reg 149/2022, effective October 3, 2022.

 Appendix A, Form 15 BEFORE re-enacted by BC Reg 165/2024, effective September 9, 2024.

Form 15 (Rule 4-6 (1) )

[Style of Proceeding]

AFFIDAVIT OF PERSONAL SERVICE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ...............[name]..............., of .......................[address]......................., ...............[occupation]..............., SWEAR (OR AFFIRM) THAT:

1 On ........[dd/mmm/yyyy]........, at ..........[time of day].........., I served ...............[name of person served]............... with [Check the correct box(es) and provide the required information.]

[  ] the following documents that have been filed in this proceeding: [Using one line for each filed document served by personal service on the named person, describe the document including its date if available — e.g. notice of civil claim between ...........[name(s)]............ and ...........[name(s)]........... bearing court stamp dated ........[dd/mmm/yyyy]........., affidavit of .................[name]................. sworn ........[date]........ and bearing court stamp dated ........[dd/mmm/yyyy]........, etc.]

..........[description of document]..........

..........[description of document]..........

[  ] the following documents that have not been filed in this proceeding: [Using one line for each unfiled document served by personal service on the named person, identify and exhibit the document in the following manner.]

..........[description of document].........., a copy of which is attached to this affidavit and marked as Exhibit A.

..........[description of document].........., a copy of which is attached to this affidavit and marked as Exhibit ..........[B, C, etc.].......... .

2 I served each document referred to in section 1 of this affidavit by handing it to and leaving it with .........[name of person served]......... at .........[city and country]......... on ......[dd/mmm/yyyy]......, at ........[time of day]........ .

3 The means by which I identified the person served is [Check whichever one of the following boxes is correct and complete the required information.]

[  ] I know the person served because ................[set out the means of knowledge]................ .

[  ] the person I served produced the following identification containing a photograph that was a true likeness of the person I served: ................[specify form of identification produced — e.g., "B.C. Drivers Licence No. XXX"]................, bearing the name of ......... .

[  ] by the following other means: ................[describe other means by which the person was identified (e.g., the person I served acknowledged that they were ..[name of person served])..]................ .

 Appendix A, Form 16 BEFORE re-enacted by BC Reg 120/2014, effective July 1, 2014.

Form 16 (Rule 4-6 (1) )

[Style of Proceeding]

AFFIDAVIT OF ORDINARY SERVICE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ...............[name]..............., of .......................[address]......................., ...............[occupation]..............., SWEAR (OR AFFIRM) THAT:

On ........[dd/mmm/yyyy]........, at ..........[time of day].........., I served ..........[name of person served].......... with the ..........[type of document].......... in this proceeding, a copy of which is attached to this affidavit and marked as Exhibit A, by

[ ] leaving the document at ...............[the party's address for service]...............

[ ] mailing the document by ordinary mail to ...............[the party's address for service]...............

[ ] faxing the document to ..........[fax number].......... together with a fax cover sheet

[ ] e-mailing the document to ..........[e-mail address]..........

 Appendix A, Form 16 (part) BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

[ ] the following documents that have been filed in this proceeding: [Using one line for each filed document served by personal service on the named person, describe the document including its date if available – e.g. notice of family claim between ..........[name(s)].......... and ..........[name(s)].......... bearing court stamp dated ........[dd/mmm/yyyy]........, affidavit of .................[name]................... sworn ...........[date]........... and bearing court stamp dated ..........[dd/mmm/yyyy]........ , etc.]

 Appendix A, Form 16 BEFORE re-enacted by BC Reg 165/2024, effective September 9, 2024.

Form 16 (Rule 4-6 (1) )

[Style of Proceeding]

AFFIDAVIT OF ORDINARY SERVICE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ...............[name]..............., of .......................[address]......................., ...............[occupation]..............., SWEAR (OR AFFIRM) THAT:

1 On ........[dd/mmm/yyyy]........, at ..........[time of day].........., I served ...............[name of person served]............... with [Check the correct box(es) and provide the required information.]

[  ] the following documents that have been filed in this proceeding: [Using one line for each filed document served by personal service on the named person, describe the document including its date if available — e.g. notice of civil claim between ..........[name(s)].......... and ..........[name(s)].......... bearing court stamp dated ........[dd/mmm/yyyy]........, affidavit of .................[name]................... sworn ...........[date]........... and bearing court stamp dated ..........[dd/mmm/yyyy]........, etc.]

..........[description of document]..........

..........[description of document]..........

[  ] the following documents that have not been filed in this proceeding: [Using one line for each unfiled document served by personal service on the named person, identify and exhibit the document in the following manner.]

..........[description of document].........., a copy of which is attached to this affidavit and marked as Exhibit A.

..........[description of document].........., a copy of which is attached to this affidavit and marked as Exhibit ..........[B, C, etc.].......... .

2 I served each document referred to in section 1 of this affidavit by [Check whichever one of the following boxes is correct.]

[  ] leaving the document at ...............[the party's address for service]...............

[  ] mailing the document by ordinary mail to ...............[the party's address for service]...............

[  ] faxing the document to ..........[fax number].......... together with a fax cover sheet

[  ] e-mailing the document to ..........[e-mail address]..........

 Appendix A, Form 17 heading BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Form 17 (Rules 4-6 (1), 5-1 (4), 5-2 (4), 5-4 (1), 8-1 (22), 8-5 (2), 9-4 (1),12-2 (6),
13-3 (25), 16-1 (17), 20-5 (3), 21-5 (4), 23-1 (9), 23-3 (10) and 23-5 (5) )

 Appendix A, Form 17 heading BEFORE amended by BC Reg 149/2013, effective March 31, 2014.

Form 17 (Rules 4-6 (1), 5-1 (4), 5-2 (4), 5-4 (1), 8-1 (21.1) and (22), 8-5 (2),
9-4 (1),12-2 (6), 13-3 (25), 16-1 (16.1) and (17), 20-5 (3), 21-5 (4), 23-1 (9),
23-3 (10) and 23-5 (5) )

 Appendix A, Form 17 heading BEFORE amended by BC Reg 120/2014, effective July 1, 2014.

Form 17 (Rules 4-6 (1), 5-1 (4), 5-2 (4), 5-4 (1), 8-1 (21.1) and (22), 8-5 (2),
9-4 (1),12-2 (6), 13-3 (25), 16-1 (16.1) and (17), 20-5 (3), 23-1 (9),
23-3 (10), 23-5 (5) and 25-5 (6) )

 Appendix A, Form 17 heading BEFORE amended by BC Reg 236/2022, effective November 25, 2022.

Form 17 (Rules 4-6 (1), 5-1 (4), 5-2 (4), 5-4 (1), 8-1 (21.1) and (22), 9-4 (1), 12-2 (6), 13-3 (25), 16-1 (16.1) and (17), 20-5 (3), 23-1 (9), 23-3 (10) and 23-5 (5), 25-5 (6), )

 Appendix A, Form 17 heading BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

Form 17 (Rules 4-6 (1), 5-1 (4), 5-2 (4), 5-4 (1), 8-1 (21.1) and (22), 9-4 (1), 12-2 (6), 13-3 (25), 16-1 (16.1) and (17), 20-5 (3), 23-1 (9), 23-3 (10), 23-5 (5), 23.1-1 (4) and 25-5 (6) )

 Appendix A, Form 17 (parts) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

[Include a description of supporting document(s). Each affidavit included on the list must be identified as follows: "Affidavit #.....[sequential number, if any, recorded in the top right hand corner of the affidavit]..... of ...............[name]..............., made ........[dd/mmm/yyyy]........".]

 Appendix A, Form 17.1 was enacted by BC Reg 120/2014, effective July 1, 2014.

 Appendix A, Form 17.1 (parts) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

[Include a description of supporting document(s). Each affidavit included on the list must be identified as follows: "Affidavit #.....[sequential number, if any, recorded in the top right hand corner of the affidavit]..... of ...............[name]..............., made ........[dd/mmm/yyyy]........".]

Date set for hearing of main application: ................[dd/mmm/yyyy].................

Service by applicant of Notice of Application and applicant's affidavits with this order on the respondent(s) before ........a.m./p.m......... on ................[dd/mmm/yyyy].................

Service of respondent(s)'s Application Response and affidavits on applicant before ........a.m./p.m......... on ................[dd/mmm/yyyy].................

Date ................[dd/mmm/yyyy].................

 Appendix A, Form 17.1 (parts) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

ORDER BY ENDORSEMENT (to be completed by a judge, master or registrar)

Judge/Master/Registrar....................................................

 Appendix A, Form 17.2 was enacted by BC Reg 120/2014, effective July 1, 2014.

 Appendix A, Form 17.2 heading BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

REQUISITION

 Appendix A, Form 17.2 (part) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Appendix A, Form 17.2 BEFORE re-enacted by BC Reg 165/2024, effective September 9, 2024.

Form 17.2 (Rule 2-2 (3) )

Court File No.: .........................

Court Registry: ..........................

In the Supreme Court of British Columbia

Claimant:

Respondent:

REQUISITION — TRIBUNAL AWARD

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .........................[party(ies)].........................

Required: The filing of the attached tribunal award made under the ..................[name of Act].......................

My address for service is [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Address for service:

Fax number address for service (if any):

E-mail address for service (if any):

 Appendix A, Form 19.1 was enacted by BC Reg 176/2023, effective September 1, 2023.

 Appendix A, Form 19.1 (parts) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

ORDER BY ENDORSEMENT (to be completed by a judge, master or registrar)

Judge/Master/Registrar ................................

 Appendix A, Form 20 BEFORE re-enacted by BC Reg 165/2024, effective September 9, 2024.

Form 20 (Rule 5-1 (6) )

[Style of Proceeding]

CASE PLAN PROPOSAL

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Party submitting this case plan proposal: ..............................................

Indicate the party's proposal with respect to the following steps:

 Appendix A, Form 20.1 was enacted by BC Reg 176/2023, effective September 1, 2023.

 Appendix A, Form 20.1 (parts) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

ORDER BY ENDORSEMENT (to be completed by a judge, master or registrar)

Judge/Master/Registrar ................................

 Appendix A, Form 20.1 BEFORE re-enacted by BC Reg 165/2024, effective September 9, 2024.

Form 20.1 (Rule 5-2 (4), 12-2 (6), 23-5 (5) and 23.1-1 (4) )

[Style of Proceeding]

REQUISITION — METHOD OF ATTENDANCE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .........................[party(ies)].........................

Required:

[  ] Order to exempt .................... [name of party] .................... from attending the:

[  ] case planning conference on .................... [date] ........... [Rule 5-2 (4)]

[  ] trial management conference on .................... [date] ........... [Rule 12-2 (6)]

[  ] Order to permit attendance [  ] in person or by way of [  ] video conference or [  ] telephone by

........... [name of lawyer or party] ........... at the:

[  ] case planning conference on ........... [date] ........... [Rule 5-2 (4)]

[  ] trial management conference on ........... [date] ........... [Rule 12-2 (6)]

[  ] Order that the following application be heard [  ] in person or by way of [  ] video conference [  ] telephone or [  ] other communication medium (please specify below):

........... [identify application (including filing date)] ........... [Rule 23-5 (5)]

[  ] Order that the following hearing before a registrar be heard [  ] in person or by way of [  ] video conference [  ] telephone or [  ] other communication medium (please specify below):

........... [identify hearing] ........... [Rule 23-5 (5)]

[  ] Order that the following application, conference or hearing be heard in person:

........... [identify application (including filing date), conference or hearing] ........... [Rule 23.1-1 (4)]

This order/relief is sought because:

[Set out the reasons why the order or relief is sought]

Position of the other party(ies):

[State whether other parties have a position with respect to this application]

Contact information for any person whose participation is to be by video conference or telephone:

[Provide e-mail address (for video conference) or telephone number (for telephone)]

ORDER BY ENDORSEMENT (to be completed by a judge, associate judge or registrar)

Order granted [  ] / refused [  ]

Conditions or directions:

.................................................................................................................

.................................................................................................................

Endorsed:

Judge/Associate Judge/Registrar ................................

Date …………………. [date]…………………..

 Appendix A, Form 21 (part) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

APPROVED AS TO FORM

 Appendix A, Form 21, heading to section 6 BEFORE amended by BC Reg 149/2022, effective October 3, 2022.

6  Witnesses (Rule 7-4 of the Supreme Court Civil Rules)

 Appendix A, Form 21 (parts) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

AT A CASE PLANNING CONFERENCE conducted on ........[dd/mmm/yyyy]........ by ..........[judge/master].......... in the presence of ..........[names of attending counsel and parties]..........;

 Appendix A, Form 22 BEFORE re-enacted by BC Reg 119/2010, effective July 1, 2010.

Form 22 (Rule 7-1 (1) )

[Style of Proceeding]

LIST OF DOCUMENTS

Prepared by: ................[party]................ (the "listing party")

Part 1: DOCUMENTS THAT ARE OR HAVE BEEN IN THE LISTING PARTY'S POSSESSION OR CONTROL AND THAT COULD BE USED BY ANY PARTY AT TRIAL TO PROVE OR DISPROVE A MATERIAL FACT

[Do not include documents listed under Part 3.]

Part 2: OTHER DOCUMENTS TO WHICH THE LISTING PARTY INTENDS TO REFER AT TRIAL

[Do not include documents listed under Part 1, 3 or 4.]

Part 3: DOCUMENTS THAT RELATE TO A MATTER IN QUESTIONS IN THE ACTION

[List here all documents that are listed in response to a demand under Rule 7-1 (11) of the Supreme Court Civil Rules, and all documents that are listed in response to a court order under Rule 7-1 (14) of the Supreme Court Civil Rules, that have not been listed under Part 1 or 2. Do not include documents listed under Part 1, 2 or 4.]

Part 4: DOCUMENTS FOR WHICH PRIVILEGE FROM PRODUCTION IS CLAIMED

TAKE NOTICE that the documents listed in Part 1, 2 or 3 of this List of Documents that are not shown as no longer being in the listing party's possession or control may be inspected and copied, during normal business hours, at ................[specify location]................

 Appendix A, Form 22 (part) BEFORE amended by BC Reg 3/2016, effective July 1, 2016.

 Appendix A, Form 23 (part) BEFORE amended by BC Reg 3/2016, effective July 1, 2016.

 Appendix A, Form 23 (parts) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

Date: ................[dd/mmm/yyyy].................

Date: ................[dd/mmm/yyyy].................

(a)  refuses or neglects to obey a subpoena or to attend at the time and place appointed for his or her examination for discovery, ...

 Appendix A, Form 25 (parts) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

Date: ................[dd/mmm/yyyy].................

(a) refuses or neglects to obey a subpoena or to attend at the time and place appointed for his or her examination for discovery,

 Appendix A, Form 26 (parts) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

AND TAKE NOTICE that, unless the court otherwise orders, if the party to whom this notice is directed does not serve a written statement, as provided in Rule 7-7 (2) of the Supreme Court Civil Rules, within 14 days after service of a copy of this notice on him or her, then the truth of the facts and the authenticity of the documents will be deemed to be admitted.

 Appendix A, Form 27 (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Appendix A, Form 28 (parts) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

The party wishing to examine ........[name of person to be examined]........ before you is required to serve ........[him/her]........ with a subpoena and tender the proper fees not fewer than ......... days before the date you fix for the examination.

Will you truly, faithfully and without partiality to any party in this proceeding, and to the best of your ability, interpret and translate any oath or affirmation that will be administered and all questions that may be asked of any witness and his or her answers, so help you God?

 Appendix A, Form 30.01 was enacted by BC Reg 239/2023, effective January 15, 2024.

 Appendix A, Form 30.01 (parts) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

ORDER BY ENDORSEMENT (to be completed by a judge, master or registrar)

Judge/Master ................................

 Appendix A, Form 30.01 (part) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

ORDER BY ENDORSEMENT (to be completed by a judge, associate judge, or registrar)

 Appendix A, Form 30.0001 was enacted by BC Reg 165/2024, effective September 9, 2024.

 Appendix A, Form 30.1 was enacted by BC Reg 115/2019, effective July 1, 2019.

 Appendix A, Form 30.1, heading BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

Form 30.1 (Rule 19-5)

 Appendix A, Form 30.1 (part) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

[Check the correct box and provide the required information.]

 Appendix A, Form 30.1, Part 1 (parts) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

[Using numbered paragraphs, provide information about the foreign rule, enactment or other requirement relied on in this request that necessitates additional formalities for the requested certified copy by the judicial authority of another jurisdiction.]

1

2

 Appendix A, Form 30.1, Part 2 (parts) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

[Using numbered paragraphs, describe the requested certification or other formal documentation.]

1

2

[Using numbered paragraphs, provide information about the foreign rule, enactment or other requirement relied on in this request that necessitates the requested certification or other formal documentation by the judicial authority of another jurisdiction.]

1

2

 Appendix A, Form 31, new text added before "Date: ................[dd/mmm/yyyy]................." by BC Reg 119/2010, effective July 1, 2010.

 Appendix A, Form 31 heading BEFORE amended by BC Reg 149/2013, effective March 31, 2014.

Form 31 (Rules 7-8 (17), 8-3 (1), 8-4 (1) and 17-1 (2) )

 Appendix A, Form 32 BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Form 32 (Rule 8-1 (4) )

[Style of Proceeding]

NOTICE OF APPLICATION

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Name(s) of applicant(s): ..................................................................

To: ..................[name(s) of party(ies) or person(s) affected]..................

TAKE NOTICE that an application will be made by the applicant(s) to the presiding judge or master at the courthouse at ......................[address of registry in which the proceeding is being conducted]...................... on ........[dd/mmm/yyyy]........ at .........[time of day]........ for the order(s) set out in Part 1 below.

Part 1: ORDER(S) SOUGHT

[Using numbered paragraphs, set out the order(s) that will be sought at the application and indicate against which party(ies) the order(s) is(are) sought.]

1

2

Part 2: FACTUAL BASIS

[Using numbered paragraphs, set out a brief summary of the facts supporting the application.]

1

2

[If any party sues or is sued in a representative capacity, identify the party and describe the representative capacity.]

Part 3: LEGAL BASIS

[Using numbered paragraphs, specify any rule or other enactment relied on and provide a brief summary of any other legal arguments on which the applicant(s) intend(s) to rely in support of the orders sought. If appropriate, include citation of applicable cases.]

1

2

Part 4: MATERIAL TO BE RELIED ON

[Using numbered paragraphs, list the affidavits served with the notice of application and any other affidavits and other documents already in the court file on which the applicant(s) will rely. Each affidavit included on the list must be identified as follows: "Affidavit #........[sequential number, if any, recorded in the top right hand corner of the affidavit]........ of ......................[name]......................, made ........[dd/mmm/yyyy]........".]

1

2

The applicant(s) estimate(s) that the application will take ...........[time estimate]........... .

TO THE PERSONS RECEIVING THIS NOTICE OF APPLICATION: If you wish to receive notice of the time and date of the hearing or to respond to the application, you must

(a) file an application response in Form 33 within 5 days after the date of service of this notice of application or, if the application is brought under Rule 9-7 of the Supreme Court Civil Rules, within 11 days after the date of service of this notice of application, and

(b) at least 2 days before the date set for the hearing of the application, serve on the applicant 2 copies, and on every other party one copy, of a filed copy of the application response and the other documents referred to in Rule 9-7 (12) of the Supreme Court Civil Rules.

Appendix

[The following information is provided for data collection purposes only and is of no legal effect.]

THIS APPLICATION INVOLVES THE FOLLOWING:

[Check the box(es) below for the application type(s) included in this application.]

 Appendix A, Form 32 (part) BEFORE amended by BC Reg 241/2010, effective July 30, 2010.

TO THE PERSONS RECEIVING THIS NOTICE OF APPLICATION: If you wish to respond to the application, you must

(a) file an application response in Form 33 within 5 days after the date of service of this notice of application or, if the application is brought under Rule 9-7 of the Supreme Court Civil Rules, within 11 days after the date of service of this notice of application, and

(b) at least 2 days before the date set for the hearing of the application, serve on the applicant 2 copies, and on every other party one copy, of a filed copy of the application response and the other documents referred to in Rule 9-7 (12) of the Supreme Court Civil Rules.

 Appendix A, appendix to Form 32, text "[ ] none of the above" was added to the end by BC Reg 115/2019, effective July 1, 2019.

 Appendix A, Form 32 (parts) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

TAKE NOTICE that an application will be made by the applicant(s) to the presiding judge or associate judge at the courthouse at ......................[address of registry in which the proceeding is being conducted]...................... on ........[d/mmm/yyyy]........ at .........[time of day]........ for the order(s) set out in Part 1 below.

[Using numbered paragraphs, list the affidavits served with the notice of application and any other affidavits and other documents already in the court file on which the applicant(s) will rely. Each affidavit included on the list must be identified as follows: "Affidavit #........[sequential number, if any, recorded in the top right hand corner of the affidavit]........ of ......................[name]......................, made ........[dd/mmm/yyyy]........".]

 Appendix A, Form 32, 4 lines of text were added above "Part 1: ORDER(S) SOUGHT" by BC Reg 239/2023, effective January 15, 2024.

 Appendix A, Form 32, Part 3 (parts) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

[Using numbered paragraphs, specify any rule or other enactment relied on and provide a brief summary of any other legal arguments on which the applicant(s) intend(s) to rely in support of the orders sought. If appropriate, include citation of applicable cases.]

1

2

 Appendix A, Form 32, Part 4 (parts) BEFORE struck out by BC Reg 239/2023, effective January 15, 2024.

The applicant(s) estimate(s) that the application will take ...........[time estimate]........... .

[Check the correct box.]

[  ] This matter is within the jurisdiction of a master.

[  ] This matter is not within the jurisdiction of a master.

 Appendix A, Form 32 (parts) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

TAKE NOTICE that an application will be made by the applicant(s) to the presiding judge or master at the courthouse at ......................[address of registry in which the proceeding is being conducted]...................... on ........[date]........ at .........[time of day]........ for the order(s) set out in Part 1 below.

    [  ] This matter is within the jurisdiction of a master.

    [  ] This matter is not within the jurisdiction of a master.

 Appendix A, Form 33 (parts) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

THIS IS A RESPONSE TO the notice of application of ......................[party(ies)]...................... filed ........[dd/mmm/yyyy]........ .

[Using numbered paragraphs, list the affidavits served with this application response and any other affidavits and other documents already in the court file on which the application respondent(s) will rely. Each affidavit included on the list must be identified as follows: "Affidavit #.........[sequential number, if any, recorded in the top right hand corner of the affidavit]......... of ...................[name]...................., made ...........[dd/mmm/yyyy]...........".]

 Appendix A, Form 33, text was added above "Part 1: ORDERS CONSENTED TO" by BC Reg 239/2023, effective January 15, 2024.

 Appendix A, Form 33, Part 5 BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

Part 5:  LEGAL BASIS

[Using numbered paragraphs, specify any rule or other enactment relied on and provide a brief summary of any other legal arguments on which the application respondent(s) intend(s) to rely in opposing the orders sought in the application. If appropriate, include citation of applicable cases.]

1

2

 Appendix A, Form 33, Part 6 (part) BEFORE struck out by BC Reg 239/2023, effective January 15, 2024.

The application respondent(s) estimate(s) that the application will take ...........[time estimate]........... .

 Appendix A, Form 33, Part 6 (part) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

[Check whichever one of the following is correct and complete any required information.]

 Appendix A, Form 33.1 was enacted by BC Reg 149/2022, effective October 3, 2022.

 Appendix A, Form 33.1 (parts) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

Judge/Master............. on .............

 
I have drafted the order consistent with the terms prescribed by the judge/master as stated on the court record.

[ ] I have attached the clerk's notes relating to the order of the judge/master

[ ] I have not attached the clerk's notes relating to the order of the judge/master for the following reason(s): .....[briefly state the reasons]..........

 Appendix A, Form 33.1 BEFORE re-enacted by BC Reg 165/2024, effective September 9, 2024.

Form 33.1 (Rule 13-1 (1.1) )

Court File No.: .........................

Court Registry: ..........................

In the Supreme Court of British Columbia

Claimant:

Respondent:

ORDER SIGNING INSTRUCTIONS

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Notice to: ......................................................

 
You are requested to sign the attached draft order made by

Judge/Associate Judge............. on .............

 
I have drafted the order consistent with the terms prescribed by the judge/associate judge as stated on the court record.

 
[Check whichever one of the immediately following 2 boxes is correct and provide any required information.]

[ ] I have attached the clerk's notes relating to the order of the judge/associate judge

[ ] I have not attached the clerk's notes relating to the order of the judge/associate judge for the following reason(s): .....[briefly state the reasons]..........

You are requested to return the signed order within 14 days of receipt. Signing the order does not preclude your right to appeal.

If you disagree with the accuracy of the terms in the order you are required to deliver your written objections to me within 14 days of receiving the order.

I will consider your objections and if we are unable to agree on the terms to be included in the order an appointment to settle the order may be filed in accordance with Rule 13-1 (12).

If the signed order is not returned to me, or written objection(s) to any of the terms are not delivered to me, within 14 days of receipt, the order may be submitted for entry in accordance with Rule 13-1 (1.4).

Date Sent: .................[dd/mmm/yyyy]..............

 Appendix A, Form 34 (part) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.