GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 6.02
Access by parties 6.02 The prosecutor, counsel for each accused and any self-represented accused in a proceeding are entitled to have access to the contents of the “B” file that is kept for that proceeding.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 7.01
General service rule 7.01 (1) No document is required to be served personally unless the Code, these rules or an order of the Court requires personal service. Service on non-parties (2) When a motion or an application is served on a person who is not a party to the proceeding, the motion or the application must be served personally.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 7.02
Personal service 7.02 (1) When a document is to be served personally, the service must be made in the following manner: (a) if on an individual, by giving a copy of the document to the individual; (b) if on a corporation, by giving a copy of the document to an officer, director or agent of the corporation or to a person who appears to be in charge at the place where the corporation carries on business; (c) if on a judge of the Provincial Court of Manitoba or a justice of the peace, by giving a copy of the document to the court administrator in charge of the court office in the region where the adjudication was made; (d) if on the Attorney General of Canada, by leaving a copy of the document at the regional office of the Attorney General of Canada in Winnipeg; and (e) if on the Attorney General of Manitoba, by leaving a copy of the document at the office of the prosecutor in the judicial centre where the proceeding was commenced. Original document not required (2) A person effecting personal service of a document is not required to produce the original document or have it in his or her possession.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 7.03
Other than personal service 7.03 Any document that is not required to be served personally may be served (a) on a party who has counsel of record, by serving that counsel in the manner set out in rule 7.04 ; or (b) on a party who is self-represented, (i) by mailing a copy of the document in the manner set out in rule 7.05 , (ii) by faxing a copy of the document in the manner set out in subrule 7.04 (2), or (iii) by personal service.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 7.04
Service on counsel 7.04 (1) Service of a document on the counsel of a party may be made (a) by giving a copy of the document to the counsel, or to another counsel or employee in the counsel’s office; (b) by mailing a copy of the document to the counsel’s office, in the manner set out in rule 7.05 ; (c) by faxing a copy of the document to the counsel’s office, in the manner set out in subrule (2); or (d) if the counsel of a party agrees, by attaching a copy of the document to an email message sent to the email address provided by the counsel. Service by fax (2) A document that is served by fax must include a cover page that indicates (a) the sender’s name, address and telephone number; (b) the name of the person to be served; (c) the date of the transmission; (d) the total number of pages faxed, including the cover page; (e) the fax 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.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 7.05
Service by mail 7.05 (1) If a document is to be served by mail under these rules, a copy of the document may be sent by regular mail or by registered mail. Effective date — regular mail (2) Service of a document by regular mail is effective on the fifth day after the day on which the document is mailed.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 7.06
Court order 7.06 (1) If it appears to the Court that it is impractical for any reason to effect prompt personal service of a document that is required to be served personally under these rules, the Court may make an order for substituted service or, if it is necessary in the interests of justice, may dispense with service. Effective date of service (2) In an order for substituted service, the Court must specify when service in accordance with the order is effective.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 7.07
Motion 7.07 If a document was served in compliance with the Code, these rules or an order about service, but a person to whom it was to be served can show that the document did not come to their notice, or only came to their notice at some time later than when it was served or is deemed to have been served, the person may bring a motion (a) for the setting aside of an order that was made in their absence; (b) for an extension of time; or (c) for an adjournment.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 7.08
Order for validating service 7.08 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 if the Court is satisfied that (a) the document came to the notice of the person to be served; or (b) the document was served in such a manner that it would have come to the notice of the person to be served, if it had not been for the person’s own attempts to evade service.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 7.09
Evidence for proof of service 7.09 (1) Service of a document may be proved (a) by an affidavit of the person who served or sent the document; or (b) by the confirmation of delivery receipt provided to the sender, if the document was served by registered mail. Counsel’s admission or acceptance (2) A counsel’s written admission or acceptance of service is sufficient proof of service and is not required to be verified by affidavit.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 8.01
Transcript of evidence 8.01 A party who intends to refer to a transcript of evidence at the hearing of a motion or an application must file a copy of the transcript and serve it on the opposing party, unless a judge directs otherwise.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 9.01
Application of Part 9.01 This Part applies to an application (a) by an accused under subsection 520(1) or (8) or 522(1) of the Code; (b) by the prosecutor under subsection 521(1) or (9) of the Code; (c) by an accused or the prosecutor, at any time prior to the trial, under subparagraph 523(2)(c)(ii) or subsection 523(3) of the Code; and (d) by an accused, if proceedings have been commenced under section 577 of the Code.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 9.02
Notice of application and supporting materials 9.02 (1) An application must be commenced by filing a notice of application in Form 3 of the schedule and the supporting materials required under rule 9.03 and by serving those documents personally on the accused or the prosecutor, as the case may be, at least two clear days before the date of the hearing of the application unless a judge allows a shorter period of notice. Oral evidence at hearing (2) The notice of application must indicate whether the applicant intends to call oral evidence at the hearing or rely only on affidavit evidence.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 9.04
Brief not required 9.04 No brief is required for the purposes of an application under this Part.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 10.01
Filing of indictment 10.01 The prosecutor must file the indictment with the Court at least seven days before the day on which an accused first appears in assignment court.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 10.02
Assignment court 10.02 The judge presiding at assignment court may (a) schedule a resolution conference, if the accused has elected to be tried by a judge and jury; (b) schedule a pre-trial conference, if the accused has elected to be tried by a judge alone; (c) schedule a date for a sentencing hearing, if the accused indicates that he or she will be entering a guilty plea to the charge; or (d) refer the matter to the Chief Justice for the appointment of a case management judge in accordance with section 551.1 of the Code.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 11.01
Application 11.01 Rules 11.02 to 11.06 apply to a resolution conference if the accused has elected to be tried by a judge and jury.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 11.02
Duties of resolution conference judge 11.02 The resolution conference judge must explore (a) the possibility of settlement with the parties; and (b) any matters that will promote a fair and efficient trial, including re-election by the accused and the appointment of a case management judge in accordance with section 551.1 of the Code.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 11.03
Brief required 11.03 Before a resolution conference is held, unless a judge directs otherwise, a pre-trial conference brief in Form 4 of the schedule must be filed and served on the opposing party by (a) the prosecutor; (b) counsel for each accused; and (c) any self-represented accused.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 11.04
Application of pre-trial rules to resolution conferences 11.04 Rules 12.02 , 12.03 , 12.05 and 12.06 , which apply to pre-trial conferences, also apply, with any variations that the circumstances require, to resolution conferences.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 11.05
Memorandum by resolution conference judge 11.05 (1) The resolution conference judge must complete a resolution conference memorandum, which must be provided to the prosecutor, counsel for each accused and any self-represented accused. Confidentiality of memorandum (2) The resolution conference memorandum is not part of the public record and must be kept in the custody of the Court in the “B” file for the proceeding and be disclosed only in accordance with subrule (1).
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 11.06
Steps after resolution conference 11.06 At the conclusion of a resolution conference, if it appears that the matter will be proceeding to trial, the presiding judge must (a) schedule a pre-trial conference; or (b) refer the matter to the Chief Justice for the appointment of a case management judge and provide the Chief Justice with a copy of the resolution conference memorandum.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 12.01
Application 12.01 Rules 12.02 to 12.10 apply to pre-trial conferences.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 12.02
Brief filed by prosecutor 12.02 (1) Unless a pre-trial conference brief has already been filed for a resolution conference or a judge directs otherwise, the prosecutor must, at least 14 days before the date scheduled for the pre-trial conference, file a completed pre-trial conference brief in Form 4 of the schedule and serve it on counsel for each accused and any self-represented accused. Information required — prosecutor’s brief (2) The prosecutor’s pre-trial conference brief must include a brief synopsis of the allegations and the evidence to be filed by the prosecution.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 12.03
Filing and service by accused 12.03 (1) At least seven days before the date scheduled for the pre-trial conference, unless a judge directs otherwise, counsel for an accused or a self-represented accused must file and serve a completed pre-trial conference brief in Form 4 of the schedule on (a) the prosecutor; (b) counsel for any other accused; and (c) any self-represented accused. Mandatory filing and service by accused (2) Counsel for each accused and any self-represented accused must file and serve a pre-trial conference brief even if the prosecutor has failed to file and serve a pre-trial conference brief or has otherwise failed to comply with this rule. Contents of brief (3) The pre-trial conference brief must state the party’s position on each issue and must not indicate “will advise”, “not as yet” or words of similar effect.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 12.04
Change of position 12.04 (1) If a party changes any position taken and recorded in the pre-trial conference brief, the party must give written notice of the change to the other parties and the pre-trial conference judge. Failure to comply with subrule (1) (2) Failure to comply with subrule (1) may result in a motion or application that has resulted from the change in position not being heard by the trial judge. Changes regarding counsel (3) If, after the pre-trial conference has been completed, an accused retains new counsel, an accused who was self-represented retains counsel, or an accused who was represented by counsel is no longer represented by any counsel, the new counsel, or the self-represented accused, must (a) review the pre-trial conference brief previously filed and the pre-trial conference memorandum prepared by the pre-trial conference judge; and (b) give written notice of any changes in position to the other parties and the pre-trial conference judge. Further pre-trial conference (4) Despite rule 12.10 , the pre-trial conference judge may direct that a further pre-trial conference be held if (a) the accused is no longer represented by counsel; (b) a party has changed his or her position from the position taken in the most recent pre-trial conference brief; or (c) a party has failed to file a trial readiness report, as required by rule 17.01 .
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 12.05
Self-represented accused 12.05 (1) If an accused is self-represented at a pre-trial conference, (a) the pre-trial conference must be held in a courtroom that is closed to the public; (b) the pre-trial conference must be recorded but must not be published, broadcast or transmitted in any way, except by order of the pre-trial conference judge; and (c) a transcript of the pre-trial conference may only be requested by a party to the proceeding or by a judge. Confidentiality of information in transcript (2) If a transcript has been requested under paragraph (1)(c), information contained in it must not be published, broadcast or transmitted in any way except with notice to the other parties and the written approval of the pre-trial conference judge or, if he or she is not available, another judge.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 12.06
Attendance at pre-trial conference 12.06 Unless the pre-trial conference judge or another judge directs otherwise, the following persons must attend the pre-trial conference and be in a position to make commitments on behalf of the party whom each represents on issues that are reasonably anticipated to arise from the contents of the pre-trial conference briefs: (a) counsel who will be representing each accused at the trial or, if an accused is self-represented, the accused; and (b) the prosecutor.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 12.07
Inquiries by pre-trial conference judge 12.07 The pre-trial conference judge must inquire about and discuss any matter that may promote a fair and expeditious hearing of the charges contained in the indictment, including (a) any issues that arise from the contents of the pre-trial conference briefs; (b) the issues in dispute between the parties; (c) the possibility of making admissions of fact or other agreements about uncontested issues or the evidence of witnesses; (d) the simplification of any issues that remain in controversy; (e) the resolution of any outstanding disclosure issues; (f) the nature and particulars of any pre-trial motion or application, including whether evidence on the motion or application will be provided by agreed statements of facts, excerpts of transcripts of the preliminary inquiry, affidavits, “will states” or otherwise than by the testimony of witnesses; (g) the estimated length of pre-trial hearings and trial proceedings; (h) the possibility that the prosecutor may reduce the number of counts in the indictment to facilitate jury comprehension and promote a fair, just and expeditious trial; (i) the manner in which evidence may be presented at trial to facilitate jury comprehension; and (j) whether counsel are of the opinion that, for the proper administration of justice, it is necessary to have a case management judge appointed in accordance with section 551.1 of the Code.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 12.08
Memorandum by pre-trial conference judge 12.08 (1) The pre-trial conference judge must complete a pre-trial conference memorandum, which must be provided to the trial judge, the prosecutor, counsel for each accused and any self-represented accused. Confidentiality of memorandum (2) The pre-trial conference memorandum is not part of the public record. It must be kept in the custody of the Court in the “B” file for the proceeding and may be disclosed only in accordance with subrule (1).
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 12.09
Scheduling further proceedings 12.09 After completing a pre-trial conference, the judge must do at least one of the following: (a) schedule a further pre-trial conference, if the matter is not yet ready to be scheduled for trial; (b) schedule any pre-trial hearings; (c) set deadlines for filing documents; (d) refer the matter to the Chief Justice, with a copy of the pre-trial memorandum, for the appointment of a case management judge in accordance with section 551.1 of the Code; (e) schedule a sentencing hearing, if the accused indicates that he or she will be entering a guilty plea; and (f) schedule the trial.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 12.10
Maximum number of pre-trial conferences 12.10 Unless the case is to be tried with a jury or there are exceptional circumstances, there must be no more than three pre-trial conferences.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 13.01
Application 13.01 Rules 13.02 to 13.06 apply to case management conferences that are conducted under section 551.1 of the Code.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 13.02
Case management judge 13.02 (1) The judge who is appointed to conduct a case management conference may be the same judge who conducted the resolution conference or the pre-trial conference with respect to the matter. Powers (2) The judge who is appointed to conduct the conference has the powers of a case management judge under sections 551.2 to 551.4 and 551.6 of the Code.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 13.03
Briefs required 13.03 If a pre-trial conference was not held prior to the holding of a case management conference, pre-trial conference briefs must be filed and served in accordance with rules 12.02 to 12.04 .
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 13.04
Scheduling further proceedings 13.04 After completing a case management conference, the case management judge must schedule (a) a further case management conference, if the matter is not yet ready to be scheduled for trial; (b) any pre-trial motions or applications; or (c) the trial.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 13.05
Memorandum by case management judge 13.05 (1) The case management judge must complete a case management memorandum, which must be provided to the trial judge, the prosecutor, counsel for each accused and any self-represented accused. Confidentiality of memorandum (2) The case management conference memorandum is not part of the public record. It must be kept in the custody of the Court in the “B” file for the proceeding and be disclosed only in accordance with subrule (1).
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 13.06
Change of position 13.06 (1) If a party changes a position that has been taken and recorded in the case management memorandum, the party must give written notice of the change to the other parties and the case management conference judge. Failure to comply with subrule (1) (2) Failure to comply with subrule (1) may result in a motion or application resulting from the change in position not being heard by the trial judge.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 14.01
Application 14.01 Rules 14.02 to 14.06 apply if (a) the Code or another Act of Parliament permits or requires that an application be made for an order or determination by a judge and there is no specific rule governing the procedure; or (b) a party seeks a ruling before a trial as to the admissibility of evidence, other than under subsection 24(2) of the Charter.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 14.02
Notice of motion 14.02 (1) An application must be commenced by filing a notice of motion in Form 5 of the schedule. Time limits set by judge (2) If the issue that is the subject of the motion is identified at a pre-trial or case management conference, the pre-trial conference judge or the case management judge must set time limits for filing and serving the notice of motion and supporting materials. Scheduling conference to set hearing dates (3) If the issue that is the subject of the motion has not been identified at a pre-trial or case management conference, the party making the motion must schedule another pre-trial or case management conference to set hearing dates and time limits for filing materials.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 14.03
Contents of notice of motion 14.03 Every notice of motion must state (a) the place and date of hearing; (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) whether the motion is to be based on oral evidence and, if not, the documentary, affidavit and other evidence to be used at the hearing of the application; and (e) whether any order is required to abridge or extend any time limit for filing or serving the notice of motion or supporting materials required under these rules.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 14.04
Filing and serving motion record and supporting materials 14.04 (1) An applicant must file a motion record and any supporting materials and serve those documents on the other parties within the time limits set by the pre-trial conference judge or the case management judge. Filing of documents as part of record (2) Any documents served by a party for use on a motion may be filed as part of the party’s motion record and need not be filed separately if the motion record is filed within the time limits set by a judge under subrule (1). Contents of motion record (3) The applicant’s motion record must contain, in the following order: (a) a table of contents describing each document; (b) a copy of the notice of motion; (c) a copy of the indictment to which the motion relates; (d) a copy of all affidavits and other material to be relied on; (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 motion. Respondent’s motion record (4) If the respondent seeks to rely on material that is not included in the applicant’s motion record, the respondent must file and serve a motion record on the other parties within the time limits set by the pre-trial conference judge or the case management judge.
Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench — 14.05
Briefs required 14.05 Each party must file and serve a brief and a book of authorities on the other parties within the time limits set by the pre-trial conference judge or the case management judge.