Inventory of Reforms

Newfoundland and Labrador Case Management (Rule 18A)

Year:
2005

Description:
Overview of the case management process Supreme Court of Newfoundland and Labrador rule.

Status:
Permanent implementation

Jurisdiction:
Newfoundland and Labrador

Court:
Supreme Court of Newfoundland and Labrador (Trial Division)

Body Responsible:
Rules Committee of the Trial Division

Timeline:
January 2006: Rule came in force

Publications:
Newfoundland and Labrador, Rules of the Supreme Court, r. 18A.

Development:
The Rules Committee of the Trial Division of the Supreme Court of Newfoundland and Labrador introduced An Amendment to the Rules of the Supreme Court on November 30, 2004. The Amendment brought in Rule 18A – Case Management. This Amendment was forwarded to the Office of the Legislative Counsel on September 19, 2004, filed on September 19, 2005, and published in the September 23, 2005, edition of The Newfoundland and Labrador Gazette, as Newfoundland and Labrador Regulation 84/05. This Rule came into force on January 1, 2006.

Purpose:
[T]o provide for selected proceedings a level of management and direction with respect to pre-trial procedures and preparation for trial that is more organized, coordinated and focused than what would be normally applicable to cases proceeding through the system from pleading to trial, with a view to:

• ensuring that maximum benefit is gained from each trial day;
• making more efficient use of Court resources;
• ensuring adequate and accurate amounts of time are reserved for trial; and
• providing for the public interest in access to justice in a timely and cost effective manner (Rule 18A).

Description of Reforms:
An application for case management can be made on the ground that the proceeding will involve a complex issue or a lengthy trial, or that the preparation for trial or pre-trial applications in the proceeding would otherwise benefit from management, supervision and direction by a single judge.

A case management order can be obtained via an interlocutory application, informally through a request to the Chief Justice or a designated judge if all parties consent, by request to the pre-trial conference judge, or on a judge’s own motion.

Once a case is approved for case management, a meeting is set up where a case judge and counsel may discuss any of the following:

• the development of a case management plan, including milestones;
• the procedures to be followed for further case management meetings;
• the nature and extent of the pre-trial procedures that may be required to advance the proceedings;
• the timing and methodology associated with the making of any application;
• the dispensing with procedural steps associated with any application;
• the possibility of resolving procedural steps by agreement;
• the appropriateness of restructuring any or all of the proceedings for trial;
• the setting or re-adjustment of timetables for steps to be taken in the proceedings;
• the determination of readiness for trial of some or all of the proceedings, if more than one;
• such other matters as would be discussed and dealt with at a pre-trial conference pursuant to rule 39.02(5);
• the appropriateness of holding a settlement conference or mediation session;
• the manner of conduct of the trial;
• the preparation and filing of a certificate of readiness when the matter is ready for trial; and
• any other matters pertinent to or affecting the proper conduct of the proceeding. [r.18A.06]

If a party fails to attend case management meetings, acts in a manner contrary to the spirit of Rule 18A, or obstructs the process, a judge can make any order as to costs. Provisions are also made to allow parties to participate in case management conferences through audio conferencing.

Revision History:
This summary was last reviewed in Aug 08, 2012