GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 5.03
Available 5.03 (1) If these rules or an order of the court permit service by an alternative to personal service, service shall be made in accordance with this rule. Acceptance of Service by Counsel (2) Service on a party who has counsel may be made by leaving a copy of the document with the counsel, but service under this subrule is effective only if counsel endorses, on the document or a copy of it, an acceptance of service and the date of acceptance. (3) By accepting service, counsel shall be deemed to represent to the court that counsel has the authority of his or her client to accept service. Service by Mail to Latest Known Address (4) Service of a document may be made by sending a copy of the document together with an Acknowledgment of Receipt Card in Form 4 by mail to the latest known address of the person to be served, but service by mail under this subrule is effective (a) only if the Acknowledgment of Receipt Card or a post office receipt bearing a signature that purports to be the signature of the person to be served is received by the sender; and (b) on the day on which the sender first receives either receipt, signed as provided by clause (a). Service at Place of Residence (5) Where an attempt is made to effect personal service at a person’s place of residence cannot be effected, the document may be served (a) by leaving a copy, in a sealed envelope addressed to the person, at the place of residence with anyone who appears to be an adult member of the same household; and (b) on the same day or the following day, by mailing another copy of the document to the person at the place of residence, and service in this manner is effective on the fifth day after the document is mailed. Service on a Corporation (6) Where the head office or principal place of business of a corporation cannot be found at the most recent address recorded with the Registry of Companies, service may be made on the corporation by mailing a copy of the document to the corporation at that address.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 5.04
Order by the court 5.04 (1) Where personal service of a document is required by these rules, and it appears to the court that it is impratical to effect personal service, the court may make an order for subsituted service or, if necessary in the interests of justice, may dispense with service. Effective Date of Service (2) In an order for substituted service, the court shall specify when service in accordance with the order is effective. (3) If an order is made dispensing with service of a document, the document is deemed to have been served on the date of the order for the purpose of the computation of time under these rules.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 5.05
5.05 (1) Service of a document on counsel of record of a party may be made by (a) mailing a copy to counsel’s office; (b) leaving a copy with counsel or an employee in counsel’s office; or (c) transmitting the document by telecopier in accordance with subrule (2). (2) A document that is served telecopier shall include a cover page indicating (a) the sender’s name, address and telephone number; (b) the name of counsel of record to be served; (c) the date and time of transmission; (d) the total number of pages transmitted, including the cover page; (e) the telephone number from which the document is transmitted; and (f) the name and telephone number of a person to contact in the event of transmission problems.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 5.06
Manner of Service 5.06 (1) Where a document is to be served by mail under these rules, a copy of the document shall be sent by pre-paid first class mail or by registered mail. Effective Date (2) Service of a document by mail, except under subrule 5.03(4), is effective on the fifth day after the document is mailed.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 5.07
5.07 Even though a person has been served with a document in accordance with these rules, the person may show, on a motion to set aside the consequences of default, or for an extension of time or in support of a request for an adjournment, that the document (a) did not come to his or her notice; or (b) came to his or her notice only at some time later than when it was served or is deemed to have been served.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 5.08
5.08 If a document has been served in a manner other than one authorized by these rules or an order, the court may make an order validating the service when the court is satisfied that the document (a) came to the notice of the person to be served; or (b) was served in such a manner that it would have come to the notice of the person to be served, except for the person’s own attempts to evade service.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 5.09
Affidavit of Service 5.09 (1) Service of a document may be proved by an affidavit of the person who served it in Form 5. Counsel of Record’s Admission or Acceptance (2) Counsel of record’s written admission or acceptance of service is sufficient proof of service and need not be verified by affidavit.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 6.01
6.01 (1) If a statute authorizes, permits or requires that an application or motion be made to or an order or determination be made by a judge, other than a judge presiding at preliminary inquiry or trial, the application shall be commenced by a Notice of Application in form I. (2) This Rule applies to all proceedings commenced by a Notice of Application, except if otherwise expressly provided by these rules or as otherwise ordered by a judge in accordance with rule 2.02.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 6.02
6.02 (1) An application shall be made to a judge sitting at the court centre in which the proceeding is being or is to be held, unless otherwise provided by these rules. (2) The party making an application shall obtain from the clerk a place, date and time of hearing of the application.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 6.03
6.03 Every Notice of Application shall state (a) the place and date of hearing in accordance with rule 6.02 and any other rule relating thereto; (b) the precise relief sought; (c) the grounds to be argued, including a reference to any statutory provision or rule to be relied on; (d) the documentary, affidavit and other evidence to be used at the hearing of the application; and (e) whether any order is required abridging or extending the time for service or filing of the Notice of Application or supporting materials required under these rules.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 6.04
Generally 6.04 (1) The Notice of Application shall be served on all parties and, if there is uncertainty as to whether anyone else should be served, the applicant may apply ex parte to a judge for an order for directions. Minimum Notice Period (2) Except if otherwise expressly provided by the Code or these rules, or as ordered by a judge in accordance with rule 2.02, the Notice of Application shall be served not later than 15 days before the date of the hearing of the application. Filing Proof of Service (3) Except if otherwise expressly provided by the Code or these rules, or except as ordered by a judge in accordance with rule 2.02, the Notice of Application shall be filed with proof of service not later than 10 days before the date of the hearing of the application, in the court office for the place where the application is to be heard.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 6.05
Application Record and Factum 6.05 (1) The applicant shall, when the court requires under subrule (4), (a) serve an application record, together with a factum prepared in accordance with rule 6.07 if a judge of the court orders that a factum be filed or if these rules expressly provide for the filing of a factum, not later than 15 days before the date of the hearing, on every respondent; and (b) file the application record, including any factum, not later than 10 days before the date of the hearing of the application, in the court office for the place where the application is to be heard. (2) The applicant’s application record shall contain, in consecutively numbered pages arranged in the following order, (a) a table of contents describing each document, including each exhibit, by its nature and date and, in the case of an exhibit, by exhibit number or letter; (b) a copy of the Notice of Application; (c) a copy of the information to which the application relates; (d) a copy of all affidavits and other material served by the applicant and any party other than the respondent for use on the application; (e) a list of all relevant transcripts of evidence in chronological order, but not necessarily the transcripts themselves; and (f) a copy of any other material in the court file that is necessary for the hearing of the application. Respondent’s Application Record and Factum (3) The respondent shall, if a judge orders that a factum shall be filed or if these rules expressly provide for the filing of a factum, serve on every other party a factum prepared in accordance with rule 6.08 and may, if the respondent is of the opinion that the application record is incomplete, serve on every other party a respondent’s application record containing, in consecutively numbered pages arranged in the following order, (a) a table of contents describing each document, including each exhibit, by its nature and date and in the case of an exhibit, by exhibit number or letter; and (b) a copy of any material to be used by the respondent on the application and not included in the application record. The respondent’s application record, including any factum, shall be filed, with proof of service, in the court office for the place where the application is to be heard, not later than five days before the date of the hearing of the application. Record and Factum (4) If and as necessary in the interests of justice, a judge, before or at the hearing of the application, may order compliance with this rule in whole or in part. Documents May Be Filed as Part of Record (5) Any documents served by a party for use on an application may be filed, with proof of service, as part of the party’s application record, and need not be filed separately if the record is filed within the time prescribed for filing the notice or other material. Transcript of Evidence (6) A party who intends to refer to a transcript of evidence at the hearing of an application shall file a copy of the transcript as provided by rule 4.08.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 6.06
Application of the Rule 6.06 (1) If a filing of a factum is required by order of a judge or if these rules expressly provide for the filing of a factum, this rule and rules 6.07 to 6.09 apply with any necessary modifications to all applications. General Requirement (2) If a filing of a factum is required by order of a judge or if these rules expressly provide for the filing of a factum, all parties to an application and persons who have been granted the right to be heard shall deliver a factum, to be entitled on its cover “Applicant’s Factum”, “Respondent’s Factum” or “Intervenor’s Factum”, as the case may be. Signatures on Factums (3) All factums shall be signed by counsel or on counsel’s behalf by someone specifically authorized to do so or, if a party is not represented by counsel, by the applicant or respondent, as the case may be, and the signature shall be followed by the typed name of counsel, if any, and the date.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 6.07
Filing and Service 6.07 (1) Every applicant shall prepare an applicant’s factum and shall file in the court office for the place where the application is to be heard one copy and serve a copy on each of the other parties and persons who have been granted the right to be heard in the proceeding. Time for Delivery (2) The factum prepared on behalf of the applicant shall be served and filed in accordance with rule 6.05. Contents (3) The applicant’s factum shall consist of (a) Part I, entitled “Summary of the Facts”, which shall contain a concise summary of the facts relevant to the issues on the application, with such references to the transcript of evidence by page and line, or paragraph, as the case may be, as may be necessary, (b) Part II, entitled “Issues and the Law”, which shall contain a statement of each issue raised, immediately followed by a concise statement of the law and any authorities relating to that issue, (c) Part III, entitled “Order Requested”, which shall contain a statement of the order that the court will be asked to make, and (d) a schedule, entitled “List of Authorities”, which shall contain a list of the authorities (with citations) to which reference was made in Part II and in the order in which they there appear in paragraphs numbered consecutively throughout the factum.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 6.08
Filing and Service 6.08 (1) Every respondent shall prepare a respondent’s factum and shall file in the court office for the place where the application is to be heard one copy and serve a copy on each of the other parties and persons who have been granted the right to be heard in the proceedings. Time for Delivery (2) The respondent’s factum shall be delivered to the court office for the place where the application is to be heard within seven days after service of the applicant’s factum, and not later than three days before the date on which the application is scheduled to be heard. Contents (3) The respondent’s factum shall consist of (a) Part I, entitled “Respondent’s Statement of Facts”, which shall contain a statement of the facts in Part I of the applicant’s factum that the respondent accepts as correct or substantially correct and those facts with which the respondent disagrees and a concise summary of any additional facts relied on, with any reference to the transcripts of the evidence, by page and line or paragraph, as the case may be, that is necessary, (b) Part II, entitled “Response to Applicant’s Issues”, which shall contain the position of the respondent with respect to each issue raised by the applicant, immediately followed by a concise statement of the law and the authorities relating to that issue, (c) Part III, entitled “Additional Issues”, which shall contain a statement of any additional issues raised by the respondent, immediately followed by a concise statement of the law and the authorities relating to that issue, (d) Part IV, entitled “Order Requested”, which shall contain a statement of the order that the court will be asked to make, and (e) a schedule, entitled “List of Authorities”, which shall contain a list of the authorities (with citations) referred to in the order in which they appear in Parts II and III in paragraphs numbered consecutively throughout the factum.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 6.09
Filing and Service 6.09 (1) Every intervenor shall prepare an intervenor’s factum and shall file in the court office for the place where the application is to be heard one copy and serve one copy on each of the other parties and persons who have been granted the right to be heard in the proceedings. Time for Delivery (2) The intervenor’s factum shall be delivered to the court office for the place where the application is to be heard within three days after service of the respondent’s factum, and not later than three days before the date on which the application is scheduled to be heard. Contents (3) The intervenor’s factum shall consist of (a) Part I, entitled “Intervenor’s Statement as to Facts”, which shall contain a statement of the facts in Part I of the applicant’s factum that the intervenor accepts as correct or substantially correct and those facts with which the intervenor disagrees and a concise summary of any additional facts relied on, with any reference to the transcripts of evidence by page and line or paragraph, as the case may be, that is necessary, (b) Part II, entitled “Response to Applicant’s Issues”, which shall contain the position of the intervenor with respect to each issue raised by the applicant, immediately followed by a concise statement of the law and the authorities relating to that issue, (c) Part III, entitled “Additional Issues”, which shall contain a statement of any additional issues raised by the intervenor, immediately followed by a concise statement of the law and the authorities relating to that issue, (d) Part IV, entitled “Order Requested”, which shall contain a statement of the order that the court will be asked to make, and (e) a schedule, entitled “List of Authorities”, which shall contain a list of the authorities (with citations) referred to in the order in which they appear in Parts II and III in paragraphs numbered consecutively throughout the factum.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 6.10
6.10 Unless otherwise ordered, an application shall be heard and determined by a judge sitting in the court centre in which the proceeding is being or is to be held.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 6.11
General Rule 6.11 (1) Evidence on an application may be given by affidavit in Form 2 and in accordance with rule 4.06, unless a statute provides or a judge orders otherwise in accordance with rule 2.02. Service and Filing (2) If an application is made on notice, the affidavits on which the application is founded shall be served with the Notice of Application and shall be filed in the court office for the place where the motion or application is to be heard, in accordance with clause 6.05(1)(b). (3) All affidavits to be used at the hearing in opposition to an application or in reply shall be served and filed in the court office for the place where the application is to be heard, in accordance with subrule 6.05(3). Cross-examination on Affidavit (4) Subject to any statute or rule of law, an affiant may be cross-examined on his or her affidavit before the judge presiding on the hearing of the application.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 6.12
Evidence by Examination of Witnesses 6.12 Subject to any statute or rule of law, a witness may be examined or cross-examined on the hearing of an application with leave of the presiding judge, and nothing in these rules shall be construed to affect the authority of a judge hearing an application to receive evidence through the examination of witnesses.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 6.13
Use of Agreed Statement of Facts 6.13 A judge, before or on the hearing of the application, may dispense with the filing of any transcript or affidavit required in these rules and act on a statement of facts agreed on by the prosecutor and the accused person or his or her counsel of record.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 6.14
Notice 6.14 (1) If an applicant desires to abandon the application, the applicant shall serve, in any manner provided by Rule 5, a Notice of Abandonment in Form 6, signed by counsel of record in the application, or by the applicant, in which case the signature shall be witnessed by counsel or an officer of the institution in which the applicant is confined, or a person authorized to administer oaths. Dismissal as Abandoned (2) A judge in chambers may thereon dismiss the application as an abandoned application, without the attendance of counsel of record or the applicant. Dismissal for Failure to Appear (3) An applicant who fails to appear at the hearing of an application shall be deemed to have wholly abandoned the application, unless the court orders otherwise in accordance with rule 2.02.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 7.01
Power to Issue Directions 7.01 The Chief Judge may from time to time issue directions not inconsistent with these rules, in relation to the supervision and direction of the sittings and the assignment of judicial duties.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 8.01
8.01 This rule applies to applications made under subsection 605(1) of the Code on behalf of the accused or the prosecutor for the release of an exhibit for the purpose of a scientific or other test or examination.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 8.02
To Whom Application Made 8.02 Applications under rule 8.01 shall be made to a judge sitting at the court centre in which the proceeding is being held or is to be held.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 8.03
General Rule 8.03 (1) Service of a Notice of Application under this rule and the supporting materials required by rule 8.04 shall be made on the prosecutor or accused, as the case may be, in accordance with Rule 5, not later than three days before the date fixed for the hearing of the application. Filing with Proof of Service (2) The Notice of Application and supporting materials, together with proof of service thereof, shall be filed in the court office for the place where the application is to be heard, not later than one day before the date fixed for the hearing of the application.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 8.04
Materials to Be Filed 8.04 (1) The Notice of Application under this rule shall be accompanied by an affidavit by or on behalf of the applicant deposing to the reasons for the application and setting out the measures proposed to ensure the safeguarding of the exhibit and its preservation for use at the trial. Factum May Be Required (2) A judge may require that factums complying with rules 6.06 to 6.08 be filed on applications under this rule.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 8.05
8.05 The respondent may consent in writing to the order sought, on terms included in a draft order in Form 7, and a judge may grant the order without the attendance of counsel.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 8.06
Form of Order 8.06 (1) An order directing the release of exhibits for the purpose of a scientific test or other examination under subsection 605(1) of the Code and that order shall be in Form 7. Sufficiency of Order (2) The order shall be sufficient authority for the person with custody of the exhibit to be tested or examined to release the exhibit for that purpose and thereafter to regain custody of it in accordance with its terms.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 9.01
9.01 An information is returnable to the judicial centre of the judicial district where it is alleged that the offence occurred, and shall be dealt with in that judicial district unless, on application made, it is ordered by a judge in Form 8 to be transferred to another judicial district.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 10.01
10.01 This rule applies to applications under subsection 527(1) of the Code to procure the attendance of a person who is confined in a prison in Newfoundland and Labrador and under subsection 527(7) of the Code to transfer a prisoner or a person in the custody of a peace officer in Newfoundland and Labrador to the custody of another peace officer to assist a peace officer acting in the execution of his or her duties.