Delivery of Judgment
25. (1) The judgment of the Court may be given orally or determined from the judge’s written reasons for judgment to be filed with the Registrar.
(2) An oral judgment may be given at the conclusion of the hearing of an appeal, or subsequently. The Court may, at the time of giving oral judgment or subsequently, file written reasons explaining the oral judgment. Where, at the time of delivery of oral judgment, the Court does not file, or express an intention to file, written reasons explaining the oral judgment, the chairperson of the appeal panel shall prepare, sign and file with the Registrar a memorandum succinctly explaining the disposition of the matter by the Court.
(3) Written reasons explaining an oral judgment or, where none are filed, the memorandum of disposition shall be the decision of the Court.
(4) Where separate written reasons are filed by more than one judge, the judgment of the Court shall be that indicated by the majority of the panel hearing an appeal.
(5) Unless delivered orally, the judgment of the Court shall be deemed to have been delivered on the day when a majority of the decisions of the judges of the panel hearing the appeal have been filed or, if those decisions are in conflict, when a sufficient number of written decisions have been filed or assented to from which the majority view of the panel hearing the appeal may be determined.
(6) The Registrar shall send a copy of all written reasons for judgment, the reasons explaining oral judgment or the memorandum of disposition, as the case may be, without charge to the parties or their counsel, to the court appealed from, and to any libraries and other persons as the Chief Justice authorizes in the particular case or generally. Copies may be supplied to other persons on payment of the applicable charges.
26. (1) On a decision having been filed or deemed filed, an order shall be prepared by the appellant or may be prepared by any party stating the disposition of the appeal as directed by the Court and served on the opposite party. The order shall be approved by the judge who acted as chairperson of the appeal panel, or in the absence of that judge, the next senior judge on the panel, and shall be signed by and filed with the Registrar, who shall then notify all parties of the filing.
(2) Any party to an appeal who wishes the order amended to express better the intent of the decision of the Court may apply to the Court, which may correct or otherwise amend the formal order, and the amended order shall then without a change of date, be signed and entered by the Registrar as the formal order disposing of the appeal.
Civil Procedure Rules to Apply
27. The rules, with any necessary modifications, of the Supreme Court of Newfoundland and Labrador relating to civil procedure and other related rules of the Court shall, if not inconsistent with these Rules, the Code or any other statute having application, apply to these Rules in all matters not provided for herein.
Time with Respect to Applications and Responses
28. (1) Any party may seek from the Registrar a date and time for the hearing of an interlocutory application. When the date and time are set, the applicant shall serve copies of the documentation to be relied on, on all other parties at least four clear days before the hearing, unless the application is made by consent or the Court otherwise directs.
(2) Any written response to the application shall be filed with the Registrar and served on all other parties at least one clear day before the hearing.
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