Provincial Court Family Rules

Provincial Court Family Rules, M.R. 87/88 R The Provincial Court Act , C.C.S.M. c. C275 Regulation 87/88 R Registered January 28, 1988 bilingual version (HTML) PART I FAMILY PROCEEDINGS 1 In these rules, "Act" means The Family Law Act . M.R. 75/2023 2 Unless otherwise provided by statute or these rules, the King's Bench Rules applicable to family proceedings, as amended from time to time, apply with such modifications as the circumstances require to family proceedings in the Provincial Court. M.R. 75/2023 3 A person seeking relief under the Act other than guardianship of a child shall complete and file an application for relief in Form 1 of the Schedule. M.R. 75/2023 4 The application shall be filed in the office of the court issuing same and shall state the date and place of issue. 5(1) The application shall be served upon the respondent in the same manner as provided in the King's Bench Rules for service of a petition for divorce, except that the application shall be served upon the respondent within one year from the date on which it was issued. 5(2) Personal service of an application shall not be required where a solicitor accepts service on behalf of the person to be served and undertakes to file an answer. 6 A respondent who opposes an application for relief shall complete and file an answer in Form 2 of the Schedule. M.R. 75/2023 6.1 If the respondent makes a claim for relief under the Act in their answer, the applicant shall complete and file a reply to answer in Form 3 of the Schedule. M.R. 75/2023 6.2 If support is claimed in an application, the parties shall complete and file a financial statement in Form 4 of the Schedule and serve the financial statement along with their pleadings. M.R. 75/2023 7 Sixteen days following service of the application, a cause may be set down for hearing, except that if an answer has been filed, a matter shall not be set down before the expiry of 10 days from the filing of such answer. 8 Interlocutory applications in an action may be made on the motion of any party to the proceedings. 9 An application for interlocutory relief shall be commenced by notice of motion and affidavit in support, but the court may, if it considers it fit, proceed without written material. 10 Prior to the hearing of an application, the applicant and the respondent have the right to particulars, but have no right to an examination for discovery or interrogatories. 11 Unless otherwise ordered by the court, applications to vary or discharge an order, including an order for interim relief, shall be made upon seven clear days' notice. 12 Orders under the Act shall be in Form 5 of the Schedule. M.R. 75/2023 13 Service out of Manitoba may be made without order. 14 An application may be made to a judge respecting venue of any proceeding taken in court under the Act. 15 Default in filing an answer or a reply to answer within the time allowed by the rules shall be noted by the clerk of the court upon proof by affidavit of service of the application or answer, as the case may be, and after default has been noted, the party in default shall not be at liberty to file an answer or a reply to answer without the consent in writing of the opposite party or by leave of court, but until default is noted, the party in default may file an answer or a reply to answer. M.R. 75/2023 15.1 A person seeking guardianship of a child shall complete and file a notice of guardianship in Form 6 of the Schedule. M.R. 75/2023 16 The court may from time to time enlarge or abridge the time prescribed by the rules or by an order for doing any act or taking any proceedings and this power may be exercised by the court although the application is not made until after the expiration of the time prescribed. PART II GARNISHMENT 17 Unless otherwise provided for by statute or these rules, the King's Bench Rules , as amended from time to time, relating to garnishment, apply with such modifications as the circumstances require to the practice and procedure in the Provincial Court. M.R. 75/2023 18(1) On the ex parte application of a creditor, and on affidavit by the creditor or some other person having knowledge of the facts, stating (a) that a judgment has been recovered or entered or an order for payment of money made, and to what extent it is still unsatisfied; and (b) that he or she is informed and believes that some person in indebted, or liable to the debtor, and is within Manitoba; the court may order the attachment of all debts due or accruing due from such person (hereinafter called the garnishee) to the debtor and of wages that become due or payable from the garnishee to the debtor as provided in The Garnishment Act . 18(2) An affidavit in Form 7 of the Schedule shall be sufficient for the purposes of this rule. 18(3) The garnishing order shall be in Form 8 of the Schedule except for garnighing orders issued pursuant to section 13 of The Garnishment Act which shall be in the form prescribed in Schedule A of The Garnishment Act . 18(4) [Repealed] M.R. 75/2023 M.R. 75/2023 19(1) Personal service of the garnishing order shall be made on the garnishee in the same manner as a statement of claim, as provided for in the King's Bench Rules . 19(2) Service of a true copy of the garnishing order on the debtor shall be by ordinary mail unless service is dispensed with by a judge. 20(1) Where no debt is due or accruing due from the garnishee to the debtor at the time of service of the garnishment process and no wages become due or payable from the garnishee to the debtor as provided in The Garnishment Act , the garnishee, upon being served with the garnishing order, shall notify the clerk of court in writing to that effect. 20(2) If the garnishee admits his or her liability, the garnishee shall pay into court the amount admitted to the extent of the amount attached under the garnishing order within 7 days after attachment. 21(1) Any monies paid into court by a garnishee may, unless a judge otherwise orders, be paid out to the creditor or the solicitor on record of the creditor who obtained the garnishing order, without a judge's fiat, where (a) no written notice of an adverse claim thereto has been filed with the Clerk; (b) no dispute as provided in rule 23 has been filed; and (c) 10 or more days have elapsed since (i) the monies were paid into court, and (ii) service of a true copy of the garnishing order on the debtor in the manner provided for service thereof under subrule 20(2). 21(2) Notwithstanding subsection (1), any monies paid in to court pursuant to a garnishing order issued under section 13 of The Garnishment Act may be forthwith paid to the judgment creditor named in the garnishment order. 22 Except as provided for in The Garnishment Act , in garnishment proceedings, no fees or disbursements shall be allowed to the creditor or garnishee unless a judge otherwise orders. 23 Manitoba Regulation 189/78, as amended by Manitoba Regulations 76/79 and 159/79, is repealed. SCHEDULE Form 1 Application for Relief Form 2 Answer Form 3 Reply to Answer Form 4 Financial Statement Form 5 Order Form 6 Notice of Application for Guardianship Form 7 Affidavit Form 8 Garnishing Order (Attaching Debts)