GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 15.04
Completion of Report 15.04 (1) The pre-hearing conference judge, on the completion of the hearing, may complete a Pre-hearing Conference Report in Form 13, a copy of which shall be provided to the prosecutor and counsel of record, or to the accused if the accused is not represented by counsel of record, and may be provided to the trial judge, together with any materials filed by counsel of record on the pre-hearing conference relating to matters to be raised at trial. No Disclosure (2) Except with the express consent of the prosecutor and counsel of record, the pre-hearing conference judge shall not disclose to the judge presiding at trial any communications or discussion relating to a plea of guilty unless, whether pursuant to subsection 606(4) of the Code or otherwise, a plea of guilty will be entered at trial.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 15.05
15.05 Nothing in these rules shall be construed or interpreted so as to preclude a judge from conducting, with the consent of the prosecutor and counsel of record, any other informal pre-hearing conferences, in addition to the conference provided for in subsection 625.1(1) of the Code, on any terms that the judge deems fit.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 16.01
16.01 This rule applies to applications under subsection 591(3) of the Code for an order that the accused be tried separately on one or more of the counts in an information or, if there is more than one accused, that one or more of them be tried separately on one or more of the counts.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 16.02
16.02 Applications under rule 16.01 shall be made to the judge assigned to preside over the trial, in the court centre in which the trial is to be held.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 16.03
16.03 The Notice of Application shall include a statement of the manner in which it is proposed that the accused be tried separately on one or more of the counts in an information, or, if there is more than one accused, a statement of the manner in which it is proposed that one or more of them be tried separately on one or more of the counts.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 16.04
General Rule 16.04 (1) Service of the Notice of Application under this rule, and of the supporting materials required by rule 16.05, shall be made on the prosecutor and all other parties to the proceedings, as the case may be, in accordance with Rule 5, not later than 15 days before the date fixed for the hearing of the application, which shall be not later than 10 days before the date fixed for trial. 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 10 days before the date fixed for the hearing of the application.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 16.05
Materials to Be Filed 16.05 (1) The Notice of Application shall include, whether by affidavit by or on behalf of the applicant or otherwise, the matters described in subrule (2). Affidavit by or on Behalf of the Applicant (2) The affidavit by or on behalf of the applicant required by subrule (1) shall contain (a) a copy of the information(s) to which the application relates; (b) particulars of any prior applications to have the accused tried separately on one or more of the counts in an information or, if there is more than one accused, to have one or more of them tried separately on one or more of the counts, including, if available, transcripts of proceedings taken on those applications; and (c) a full statement of all facts material to a determination of the application without disclosing any solicitor-client communications in respect of which solicitor-client privilege has not been waived. Factum May Be Required (3) 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 — 16.06
16.06 The respondent may consent in writing to the order sought on terms included in a draft order filed, and a judge, satisfied that the relief sought by the applicant should be granted, may grant the order on those terms without the attendance of counsel.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 17.01
17.01 This rule applies to applications under subsection 587(1) of the Code for an order that the prosecutor furnish particulars in respect of an information or a count in an information prior to commencement of the trial.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 17.02
17.02 Applications under rule 17.01 shall be made to a judge sitting in the court centre in which the trial is to be held.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 17.03
17.03 The Notice of Application shall include a statement of the manner in which it is proposed that the information or a count in the information be particularized.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 17.04
General Rule 17.04 (1) Service of the Notice of Application under this rule and the supporting materials required by rule 17.05 shall be made on the prosecutor and all other parties to the proceedings, as the case may be, in accordance with Rule 5, not later than 15 days before the date fixed for the hearing of the application, which shall be not later than 10 days before the date fixed for trial. Filing with Proof of Service (2) 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 10 days before the date fixed for the hearing of the application.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 17.05
Materials to Be Filed 17.05 (1) The Notice of Application under this rule shall include, whether by affidavit by or on behalf of the applicant or otherwise, the matters described in subrule (2). Affidavit by or on Behalf of the Applicant (2) The affidavit by or on behalf of the applicant required by subrule (1) shall contain (a) a copy of the information(s) to which the application relates; (b) a statement of any prior applications to have the information or a count thereof particularized, including, if available, transcripts of proceedings taken on those applications; and (c) a full statement of all facts material to a determination of the application, including (i) the matters disclosed by the evidence taken on any other proceedings, (ii) the evidence expected to be taken on the trial, (iii) the circumstances of the case, and (iv) whether, having regard to the merits of the case, it is necessary for a fair trial that particulars be furnished. Application Record and Factum Not Required (3) No application record or factum is required on applications under this rule.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 17.06
17.06 The respondent may consent in writing to the order sought on terms included in a draft order filed and a judge, satisfied that the relief sought by the applicant should be granted, may grant the order on those terms without the attendance of counsel.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 18.01
18.01 This rule applies to applications under subsection 24(2) of the Charter for the exclusion of evidence.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 18.02
18.02 Applications under rule 18.01 shall be made to the judge assigned to preside over the trial, at the court centre in which the trial is to be held.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 18.03
18.03 The Notice of Application shall state (a) the place and date of hearing as determined in accordance with rules 18.02 and 18.04; (b) the nature of the application intended to be brought; (c) the anticipated evidence sought to be excluded, including any anticipated derivative evidence sought to be excluded; (d) the grounds to be argued, including a concise statement of the exclusionary issue under the Charter to be raised, a statement of the exclusionary principles under the Charter to be argued and a reference to any statutory provision or rule on which reliance will be placed; (e) the documentary, affidavit or other evidence to be used at the hearing of the application; (f) the precise relief under the Charter sought on the application; and (g) whether an order is required abridging or extending the time for service or filing of the Notice of Application or supporting materials required under rule 6.05.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 18.04
General Rule 18.04 (1) Service of the Notice of Application under rule 18.03 and the supporting materials required by rule 18.05 shall be made on the prosecutor and all other parties to the proceedings, as the case may be, in accordance with Rule 5, not later than 15 days before the date on which the trial proceedings are scheduled to commence. Filing with Proof of Service (2) 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, at least 10 days before the date on which the trial proceedings are scheduled to commence.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 18.05
Materials to Be Filed 18.05 (1) In addition to any other materials that may be required in the proceedings in which the exclusionary issue under the Charter is raised, a Notice of Application under rule 18.03 shall be accompanied by (a) a copy of the information(s) to which the exclusionary issue raised in the Notice of Application relates; (b) a transcript of any proceedings earlier taken that are material to a determination of the exclusionary issue raised in the Notice of Application; (c) if necessary to complete the record, an affidavit by or on behalf of the applicant deposing to the matters described in subrule (2); and (d) a copy of any other material in the court file that is necessary for the hearing and determination of the exclusionary issue raised in the Notice of Application. Affidavit by or on Behalf of the Applicant (2) The affidavit filed by or on behalf of the applicant described in clause (1)(c) shall include (a) a description of the affiant’s status and the basis of his or her knowledge of the matters deposed; (b) a statement of the particulars of the charge to which the application relates; and (c) a statement of the facts material to a just determination of the exclusionary issue that are not disclosed in any other materials filed in support of the application. Respondent’s Documentary, Affidavit or Other Evidence (3) If the respondent seeks to rely on material that is not required to be filed under subrule (1) or (2), the respondent shall file documentary, affidavit or other evidence on which reliance shall be placed not later than five days before the hearing of the application. Factum May Be Required (4) 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 — 19.01
19.01 This rule applies to applications under section 276.1 of the Code to adduce evidence of the complainant’s sexual activity.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 19.02
19.02 Applications under rule 19.01 shall be made to the judge assigned to preside over the trial, in the court centre in which the trial is to be held.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 19.03
19.03 The Notice of Application shall state (a) the place and date of hearing as determined under rules 19.02 and 19.04; (b) detailed particulars of the evidence that the accused seeks to adduce and the relevance of that evidence to an issue at trial; (c) the grounds to be argued, including a concise statement of the probative value of the evidence sought to be adduced and a reference to any statutory provision or rule on which reliance will be placed; (d) the documentary, affidavit or other evidence to be used at the hearing of the application; and (e) whether an order is required abridging or extending the time for service or filing of the Notice of Application or supporting materials required under rule 6.05.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 19.04
General Rule 19.04 (1) Service of the Notice of Application under rule 19.03 and the supporting materials required by rule 19.05 shall be made on the prosecutor in accordance with Rule 5, not later than seven days before the date fixed for the hearing of the application. Filing with Proof of Service (2) 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 seven days before the date fixed for the hearing of the application.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 19.05
Materials to Be Filed 19.05 (1) In addition to any other materials that may be required in the proceedings in which it is sought to adduce evidence of the complainant’s sexual activity, a Notice of Application under rule 19.03 shall be accompanied by (a) a copy of the information(s) to which the evidentiary issue raised in the Notice of Application relates; (b) a transcript of any proceedings earlier taken that are material to a determination of the evidentiary issue raised in the Notice of Application; (c) if necessary to complete the record, an affidavit by or on behalf of the applicant deposing to the matters described in subrule (2); and (d) a copy of any other material in the court file that is necessary for the hearing and determination of the evidentiary issue raised in the Notice of Application. Affidavit by or on Behalf of the Applicant (2) The affidavit filed by or on behalf of the applicant described in clause (1)(c) shall include (a) a description of the affiant’s status and the basis of his or her knowledge of the matters deposed; (b) a statement of the particulars of the charge to which the application relates; and (c) a statement of the facts material to a just determination of the evidentiary issue that are not disclosed in any other materials filed in support of the application. Respondent’s Documentary, Affidavit or Other Evidence (3) If the respondent seeks to rely on material that is not required to be filed under subrule (1) or (2), the respondent shall file documentary, affidavit or other evidence on which reliance shall be placed not later than five days before the hearing of the application. Factum May Be Required (4) 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 — 20.01
20.01 (1) This rule applies to applications made under section 278.3 of the Code for the production of records not in the possession of the prosecutor. Definition of “Record” (2) For the purposes of this rule, record means any form of record that contains personal information for which there is a reasonable expectation of privacy and includes, without limiting the generality of the foregoing, medical, psychiatric, therapeutic, counselling, education, employment, child welfare, adoption and social services records, personal journals and diaries, and records containing personal information the production or disclosure of which is protected by any statute of Parliament or a provincial legislature, but does not include records made by persons responsible for the investigation or prosecution of the offence.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 20.02
20.02 Applications under rule 20.01 shall be made to the judge assigned to preside over the trial, at the court centre in which the trial is to be held.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 20.03
20.03 The Notice of Application shall state (a) the place and date of hearing as determined under rules 20.02 and 20.04; (b) detailed particulars identifying the record that the accused seeks to have produced and the name of the person who has possession or control of the record; (c) the grounds on which the accused relies to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify; (d) the documentary, affidavit or other evidence to be used at the hearing of the application; and (e) whether an order is required abridging or extending the time for service or filing of the Notice of Application or supporting materials required under rule 6.05.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 20.04
General Rule 20.04 (1) Service of the Notice of Application under rule 20.03 and the supporting materials required by rule 20.05 shall be made on the prosecutor, on the person who has possession or control of the record and on any other person to whom, to the knowledge of the accused, the record relates, in accordance with Rule 5, not later than seven days before the date fixed for the hearing of the application. Filing with Proof of Service (2) 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 seven days before the date fixed for the hearing of the application.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 20.05
Materials to Be Filed 20.05 (1) In addition to any other materials that may be required in the proceedings in which the accused makes application for the production of records, a notice of application under rule 20.03 shall be accompanied by (a) a copy of the information(s) to which the production issue raised in the notice of application relates; (b) a transcript of any proceedings earlier taken that are material to a determination of the production issue raised in the notice of application; (c) if necessary to complete the record, an affidavit by or on behalf of the applicant deposing to the matters described in subrule (2); (d) a copy of any other material in the court file that is necessary for the hearing and determination of the production issue raised in the notice of application; and (e) a copy of the subpoena served on the person who has possession or control of the record. Affidavit by or on Behalf of the Applicant (2) The affidavit filed by or on behalf of the applicant described in clause (1)(c) shall include (a) a description of the affiant’s status and the basis of his or her knowledge of the matters deposed; (b) a statement of the particulars of the charge to which the application relates; and (c) a statement of the facts material to a just determination of the production issue that are not disclosed in any other materials filed in support of the application. Respondent’s Documentary, Affidavit or Other Evidence (3) If the respondent seeks to rely on material that is not required to be filed under subrule (1) or (2), the respondent shall file documentary, affidavit or other evidence on which reliance shall be placed not later than five days before the hearing of the application. Factum May Be Required (4) 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 — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
PROVINCIAL COURT OF NEWFOUNDLAND AND LABRADOR ( specify court centre )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
HER MAJESTY THE QUEEN ( indicate whether applicant or respondent )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
( indicate whether applicant or respondent )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
( specific name of accused ) ( indicate whether applicant or respondent )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
NOTICE OF APPLICATION ( Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings , Form 1)
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
( Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings , Form 1)
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
TAKE NOTICE that an application will be brought at ( time ) a.m./p.m. on the .... day of ( specify month ), ( year ), at Courtroom No. ..., ( specify address of courthouse ), for an order granting ( set out relief sought ).
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 1
THE GROUNDS FOR THIS APPLICATION ARE: 1 That ... 2 That ... 3 Such further and other grounds as counsel may advise and this Honourable Court may permit.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 3
3 Such further and other grounds as counsel may advise and this Honourable Court may permit.
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 1
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING: 1 ( Set out documents such as transcripts, etc., on which the applicant relies. )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 1
1 ( Set out documents such as transcripts, etc., on which the applicant relies. )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 1
THE RELIEF SOUGHT IS: 1 An Order allowing the application and granting ( indicate particular relief sought ).
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 1
1 An Order allowing the application and granting ( indicate particular relief sought ).
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 1
THE APPLICANT MAY BE SERVED WITH DOCUMENTS PERTINENT TO THIS APPLICATION 1 By service in accordance with Rule 5, at ( specify address and fax number )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 1
1 By service in accordance with Rule 5, at ( specify address and fax number )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
Dated at ........, ........, this .... day of ..........., ( year ). ( signature of applicant or counsel, ) ( Set out name and address, as well as telephone and fax numbers with area code. )
Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
( specify name of accused ) ( indicate whether applicant or respondent )