- (1)
- Immediately before each court event, the lawyer for a party must give the
party a written notice of:
- (a)
- the party's actual costs, both paid and
owing, up to and including the court event; and
- (b)
- the estimated future costs of the party up to and including each future
court event.
- (2)
- If a notice under subrule (1) is given immediately before a trial, it
must include the following details:
- (a)
- the actual costs incurred by the
party up to and including the first day of the trial;
- (b)
- any expenses paid or payable to an expert witness or, if those expenses
are not known, an estimate of any expenses;
- (c)
- the costs payable for each day of the trial, excluding the first day;
- (d)
- the estimated length of the trial.
- (3)
- At each court event:
- (a)
- a party's lawyer must give to the court and
each other party a copy of the notice given to the party under
subrule (1); and
- (b)
- an unrepresented party must give to the court and each other party a
written statement of:
- (i)
- the actual costs incurred by the party up to and including the event; and
- (ii)
- the estimated future costs of the party up to and including each future
court event.
- (4)
- Immediately before a trial, a child representative must give to the court
and each party a written statement of the actual costs incurred by the child
representative up to and including the trial.
- (5)
- In a financial case, a notice under subrule (1) or a statement under
paragraph (3) (b) must specify the source of the funds for the costs paid
or to be paid unless the court orders otherwise.
Note
The court may relieve
a party from being required to disclose the source of the funds if, for
example, the source is a third party (see rule 1.12).
- (6)
- At the end of
a court event, the court must return the copy of the notice or statement given
under this rule to the person who gave it.
- (7)
- In this rule:
court event does not include counselling or mediation
with a mediator in a parenting case.