Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings — 10.04
Materials to Be Filed 10.04 (1) The Notice of Application under this rule shall also be accompanied (a) if the application is made under subsection 527(1) of the Code, by an affidavit by or on behalf of the applicant deposing to the matters described in subrule (2); (b) if the application is made under subsection 527(7) of the Code, by an affidavit by or on behalf of the prosecutor setting out the matters described in subrule (3); (c) if the application is made under subsection 527(7) of the Code, by the written consent of the prisoner or of the person in the custody of a peace officer to the order proposed; (d) by a draft order in Form 9(a) or 9(b), as the case may be; and (e) by a copy of any other material in the court file that is necessary for the determination of the application. Affidavit of or on Behalf of the Applicant (2) The affidavit of or on behalf of the applicant required by clause (1)(a) for an application under subsection 527(1) of the Code shall contain (a) particulars of the charge in respect of which the application is made, including a statement of the date on which the proceedings in which the prisoner’s attendance is required are scheduled to commence or resume, as the case may be; (b) particulars of the date on or period within which, as well as the locations at which, the attendance of the prisoner will or may be required; (c) particulars relating to the detention of the prisoner; and (d) a statement of the reasons why the prisoner’s attendance is required. (3) The affidavit of or on behalf of the applicant required by clause (1)(b) for an application under subsection 527(7) of the Code shall contain (a) a description of the status of the peace officer to whose custody it is sought to transfer the prisoner or person in the custody of a peace officer; (b) a statement or description of the purpose for which the transfer is sought; (c) particulars relating to the detention of the prisoner or of the person in the custody of a peace officer; (d) a statement or description of the nature of the assistance that it is reasonably anticipated the prisoner or person in the custody of a peace officer will provide, if transferred; (e) a statement of whether the assistance reasonably anticipated is available from other sources; (f) a statement of whether notice of the application has been given to the solicitor of record of the prisoner or of the person in the custody of a peace officer; (g) as an exhibit, the written consent of the prisoner or of the person in the custody of a peace officer to the proposed transfer; (h) a description of the procedures to be followed to ensure the custody and security of the prisoner or of the person in the custody of a peace officer; (i) a statement of particulars of the period for which the transfer is required; and (j) a general description of the locations at which the attendance of the prisoner or of the person in the custody of a peace officer will be required. Application Record and Factum (4) Unless otherwise ordered by the judge before whom an application referred to in this rule, made under subsection 527(1) or (7) of the Code, is returnable, no application record or factum is required. Attendance Not Required (5) Unless otherwise ordered by the judge before whom an application under this rule, made under subsection 527(1) or (7) of the Code, is returnable, the order sought may be given ex parte and without the attendance of the counsel of record for the applicant.