GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 4.06
4.06 (1) Service of a document may be proved by an affidavit of the person who served it in Form 4A or 4B as the case may be. Counsel’s Admission or Acceptance 4.06(2) Counsel’s written admission or acceptance of service is sufficient proof of service and need not be verified by affidavit.
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 4.07
4.07 (1) Where it appears to the Court that it is impractical for any reason to effect prompt service of a document in accordance with these Rules, the Court may make an order (a) for substituted service; or (b) dispensing with service, if the Court considers it necessary in the interests of justice. 4.07(2) Where the Court makes an order for substituted service, it shall specify in the order when service in accordance with the order shall be deemed to be effective.
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 5.01
5.01 (1) In any criminal proceeding where an application or motion is authorized by statute or otherwise it shall be commenced by a Notice of Application in Form 1 . 5.01(2) A Notice of Application shall be filed with the Clerk’s office. Third Party 5.01(3) If it appears that the interest of a third party may be affected by a possible outcome, the applicant shall notify the third party of the Application as though they were a party to the Application. 5.01(4) An applicant may apply ex parte to a judge for directions where there is uncertainty whether anyone not a party to an Application should be served. Intervener 5.01(5) Any person interested in a proceeding between other parties may, by leave of the Court, intervene therein upon such terms and conditions and with such rights and privileges as the Court may determine.
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 5.02
5.02 (1) Every Notice of Application in Form 1 shall state: (a) the place and date of hearing; (b) the precise relief sought; (c) with reasonable particularity, the grounds to be argued including reference to any statutory provision or rule to be relied upon; (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.
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 5.03
5.03 (1) The Notice of Application shall be served on all parties to the proceeding together with all supporting evidence. Third Party 5.03(2) Where, at any point, it appears that a third party not a party to the proceedings has an interest in the possible outcome of an Application that is worthy of protection, the Court shall order the third party be served and given opportunity to be joined to the proceeding. Minimum Notice Period 5.03(3) Except where otherwise expressly provided by the Criminal Code or these Rules, the Notice of Application shall be served and filed with the Court at least 45 days before the date of the hearing of the Application or the date set for trial, which ever date comes first.
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 5.04
5.04 (1) Any documents served by a party for use on an Application may be filed, together 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 5.04(2) A party who intends to refer to a transcript of evidence at the hearing of an Application shall file a copy of the transcript with the Court at least 10 days before the hearing of the Application or the date set for trial whichever comes first in the case of the applicant and 5 days in the case of the respondent or intervener. Pre-Hearing Brief 5.04(3) The applicant shall file with the Clerk’s office a written brief, along with an electronic version, at least 10 days before the hearing of the Application. The responding party, including any intervener, shall file with the Clerk’s office a written brief, along with an electronic version, and a list of materials to be used at the hearing, at least 5 days before the hearing of the Application. A party shall also provide a written copy of their brief to the opposite party within the same time periods. Contents of Pre-Hearing Brief 5.04(4) The pre-hearing brief shall contain in consecutively numbered paragraphs: (a) a succinct outline of the facts the party intends to establish, (b) a concise statement of the issues to be dealt with by the Court, (c) a concise statement of the principles of law on which the party relies and citation of relevant statutory provisions and leading authorities, (d) a concise statement of the relief sought by the party, (e) Schedule A consisting of a list of authorities in the order referred to in the brief, and (f) Schedule B consisting of the text of all relevant provisions of Acts and Regulations (or copies of the relevant parts of the Act or Regulation may be filed and served with the brief).
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 5.05
5.05 An Application shall be heard and determined by a judge of the Court in the judicial district in which the proceeding is being or is to be held.
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 5.06
5.06 (1) Evidence on an Application may be given by affidavit in Form 2 and in accordance with Rule 3.06, unless the Criminal Code , or other applicable statute provides otherwise. 5.06(2) The affidavits on which an Application is founded shall be served with the Notice of Application and shall be filed in the Clerk’s office. 5.06(3) All affidavits to be used at the hearing in opposition to an Application or in reply shall be served on all the parties and filed in the Clerk’s office, no later than 15 days before the hearing. By Examination of Witnesses 5.06(4) Subject to the Criminal Code or any other applicable statute or rule of law, with leave of the presiding judge a witness may be examined or cross-examined upon the hearing of an Application and an affiant may be examined or cross-examined with respect to his or her affidavit 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. By Agreed Statement of Facts 5.06(5) A judge, before or upon the hearing of the Application, may dispense with the filing of any transcript(s) or affidavit(s) required by these Rules and act upon a statement of facts agreed upon by the parties. By Written Argument 5.06(6) The judge may, on such terms as he or she considers just, direct that argument on an Application be presented in writing rather than by personal appearance. By Consent in Writing 5.06(7) The respondent may consent in writing to the relief sought in an Application and a judge, satisfied that the relief sought by the applicant should be granted, may grant the Application without the attendance of the parties. 5.06(8) The applicant must file with the Court a draft order and the respondent’s consent before the Application will be considered by a judge under Rule 5.06 (7).
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 5.07
5.07 Where an applicant desires to abandon the Application, the applicant shall serve, in any manner provided by Rule 4, a Notice of Abandonment in Form 5 signed by counsel in the Application or by the applicant, and the Court may thereupon dismiss the Application as abandoned, without the attendance of counsel or the applicant.
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 5.08
5.08 An applicant who fails to appear at the hearing of an Application shall be deemed to have wholly abandoned the Application.
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 5.09
5.09 Nothing in this Rule shall be interpreted as derogating from the right of a party to make an Application at any point in the trial; but the failure to give timely notice for such an Application may be taken into account by the judge in determining in all the circumstances (a) whether to hear the Application; or (b) whether to hear the Application forthwith; or (c) whether to adjourn the trial to hear the Application; and/or (d) on what terms the judge will hear the Application.
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 6.01
6.01 (1) Where an accused is to be tried by a Judge without a jury and it appears that the interests of justice would be served by the holding of a pre-trial conference, any of the parties to the proceeding may apply, or the Court on its own may order, that a pre-trial conference be held in order to facilitate discussion of any or all issues relating to that proceeding. Under subsection 625.1(2) of the Criminal Code 6.01(2) Where an accused is to be tried by a court composed of a judge and jury, a pre-trial conference shall be held in order to facilitate discussion of any or all issues relating to that proceeding.
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 6.02
6.02 (1) A Pre-trial Conference Submission ( Form 6 ) shall be completed by the parties represented by counsel, exchanged between counsel, and filed in the Clerk’s office at least 5 days in advance of the conference. 6.02(2) An accused not represented by counsel is not required to file a Pre-trial Conference Submission.
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 6.03
6.03 (1) The proceedings of the pre-trial conference shall be recorded. Specific Inquiries 6.03(2) In addition to the topics identified in Form 6 (Pre-trial Conference Submission), a judge conducting a pre-trial conference may inquire as to: (a) the extent of disclosure made by the prosecutor and any initial or further request therefor by an accused or counsel for an accused; (b) the nature and particulars of any Applications to be made at the outset of the proceedings including any (i) Application to contest the laying of the indictment or any count thereof, (ii) Application to stay or otherwise determine the proceedings prior to plea or t he introduction of evidence, (iii) Application to challenge the sufficiency of the indictment, to order particulars or to amend the indictment or any count thereof, (iv) Application to sever the trial of any count(s) or accused from the trial(s) of any other accused or count, (v) Application concerning the special pleas of autrefois acquit, autrefois convict or pardon, (vi) Application to determine the fitness of an accused to stand trial; (c) the simplification of such issues as remain to be contested at the proceedings; (d) the possibility of obtaining admissions and agreements so as to facilitate an expeditious, fair and just determination of the proceedings; (e) the estimated duration of the proceedings; (f) the advisability of fixing a date for the commencement of the proceedings; and (g) any other matter that may assist in promoting a fair, just and expeditious proceeding.
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 6.04
6.04 Nothing in these Rules shall be construed or interpreted so as to preclude a judge from conducting additional pre-trial conferences.
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 6.05
6.05 This Pre-trial Conference Rule replaces the Rule of the Court of Queen’s Bench of New Brunswick Respecting Pre-Trial Conferences Under Subsection 553.1(2) of the Criminal Code of Canada adopted by a majority of the judges of the Court of Queen’s Bench of New Brunswick on March 17, 1986, Registration SI/86-78, and published in the Canada Gazette , Part II, Vol. 120, No. 12.
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 7.01
7.01 (1) Where a matter has been set down for trial and it appears to any of the parties to the proceeding that there is a reasonable likelihood that the matter will not proceed on the date scheduled, owing to a lack of preparation or failure on the part of any of the parties to take steps to ensure that the matter proceeds in a timely fashion on the date(s) set or for any other reason, that party shall request the Clerk’s office to schedule a status hearing. 7.01(2) A judge may at any time direct the Clerk’s office to schedule a status hearing. 7.01(3) At a status hearing the judge shall hear the parties on the issue of whether the scheduled dates for the trial of the matter are reasonably likely to be met by the parties and upon conclusion of the hearing the judge shall either confirm the date(s) set for trial or adjourn the trial and/or give directions.
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 8.01
8.01 (1) This Rule applies to the provisions of section 527 of the Criminal Code for procuring the attendance of a person who is confined in a prison. 8.01(2) Where the person who is confined is the accused, the Application shall be made by the prosecutor. 8.01(3) Where the person who is confined is a witness, the Application shall be made by the party that plans to call that witness. 8.01(4) The Application shall be ex parte and made as soon as reasonably practicable and sufficiently before attendance is required to ensure that no adjournment of the proceeding will be required for attendance and to provide adequate notice to the authorities holding and transporting the person who is confined and, in any event, except with leave of the Court, an Application shall be made not less than four days before the day attendance is required. 8.01(5) The Application shall be made by Notice of Application in Form 1 and shall address the requirements of section 527 of the Criminal Code . 8.01(6) In all other aspects these Criminal Procedure Rules of the Court of Queen’s Bench apply to any Applications made under section 527 of the Criminal Code .
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 8.02
8.02 (1) This Rule applies to the provisions of subsection 698(1) and subsections 699(1) and (2) of the Criminal Code . For a Person within the Province 8.02(2) Under subsections 698(1) and 699(1) of the Criminal Code , a subpoena may be issued by the Clerk under the seal of the Court upon the applicant filing with the Clerk’s office a statement signed by counsel for the applicant or by the applicant personally if not represented by counsel, setting out the name and address of the proposed witness and a summary of the materiality of the evidence likely to be given by the proposed witness. For a Person outside the Province 8.02(3) An Application under paragraph 699(2)(b) of the Criminal Code for the issuance of a subpoena to a person out of the Province of New Brunswick shall be made ex parte to a judge. 8.02(4) The Application shall be by Notice of Application in Form 1 and shall be accompanied by an affidavit of the applicant or on behalf of the applicant deposing: (a) as to the name and address of the proposed witness; (b) as to the materiality of the evidence likely to be given by the proposed witness; and (c) as to the necessity of procuring the personal attendance of the witness rather than obtaining that proposed witness’s evidence by other means, including by video-conference or by agreed statement.
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 8.03
8.03 (1) Counsel who assume the representation of an accused who was either unrepresented or represented by another counsel shall immediately file a notice to that effect with the Clerk’s office and serve a copy of the notice on the prosecutor in accordance with Rule 4. 8.03(2) Counsel of record for an accused shall remain counsel of record for his or her client with all the responsibilities pertaining thereto, until an order removing counsel from the record has been made by a judge or a new counsel has filed a notice in accordance with Rule 8.03 (1). 8.03(3) An Application to be removed as counsel of record shall be by Notice of Application in Form 1 and shall be governed by these Criminal Procedure Rules of the Court of Queen’s Bench .
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 9.01
9.01 This Rule applies to Applications in criminal proceedings: (a) to declare unconstitutional and of no force and effect, in whole or in part, any enactment of the Parliament of Canada, or (b) to declare unconstitutional and of no force and effect, in whole or in part, any rule or principle of law applicable to criminal proceedings, whether on account of subsection 8(2) or (3) of the Criminal Code or otherwise.
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 9.02
9.02 Service of the Notice of Application and all supporting documentary, affidavit and other material intended to be used at the hearing of the Application shall be made on: (a) the regional office of the Attorney General of Canada; (b) the prosecutor having carriage of the proceeding; and (c) such other person and on such terms as a judge may order.
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 9.03
9.03 Where applicable, the applicant shall comply with the notice requirements of the Judicature Act .
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 9.04
9.04 In all other aspects these Criminal Procedure Rules of the Court of Queen’s Bench apply to Applications seeking declarations of unconstitutionality.
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 10.01
10.01 Summary Conviction Appeals shall be governed by Rule 64 of the Rules of Court of New Brunswick .
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 11.01
11.01 Applications for mandamus , certiorari and prohibition shall be governed by Rule 65 of the Rules of Court of New Brunswick .
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 12.01
12.01 These Rules apply to criminal proceedings whenever commenced.
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick
HER MAJESTY THE QUEEN ( indicate whether applicant or respondent )
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick
( indicate whether applicant or respondent )
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick
( specify name of accused ) ( indicate whether applicant or respondent )
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick
TAKE NOTICE that an Application will be brought at a.m. (or p.m.) on the day of , 20 , at ( address of court house ) , for an order granting ( set out relief sought ).
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 1
THE GROUNDS FOR THIS APPLICATION ARE: 1 That 2 That 3 That
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 1
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES UPON THE FOLLOWING: 1 ( set out documents such as affidavits, transcripts, etc., upon which the Applicant relies )
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 1
1 ( set out documents such as affidavits, transcripts, etc., upon which the Applicant relies )
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 1
THE RELIEF SOUGHT IS: 1 An Order allowing the Application and granting ( indicate particular relief sought )
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 1
1 An Order allowing the Application and granting ( indicate particular relief sought )
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 1
THE APPLICANT MAY BE SERVED WITH DOCUMENTS PERTINENT TO THIS APPLICATION: 1 By service in accordance with Rule 4, at ( specify address and fax number )
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 1
1 By service in accordance with Rule 4, at ( specify address and fax number )
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick
( signature of applicant, counsel or Crown counsel )
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick
( telephone, including area code and fax number )
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 1
I, ( full name of deponent ) , of the City (or Town or as may be ) of , in the County (or District or Regional Municipality) of , ( deponent’s capacity ) , MAKE OATH AND SAY (or AFFIRM): 1 ( set out the statements of fact in consecutively numbered paragraphs, with each paragraph being confined as far as possible to a particular statement of fact )
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 1
1 ( set out the statements of fact in consecutively numbered paragraphs, with each paragraph being confined as far as possible to a particular statement of fact )
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick
Sworn (or Affirmed) before me at the City (or Town or as may be ) of in the County (or District or Regional Municipality) of on 20 .
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick
Commissioner for Taking Oaths ( or as may be )
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick
You are served by mail with the documents enclosed with this card.
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick
You are requested to sign the acknowledgment below and mail this card immediately after you receive it. If you fail to do so, the documents may be served upon you in another manner.
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick
( The reverse side of this card must bear the name and address of the sender and the required postage )
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick
I ACKNOWLEDGE that I have received a copy of the following documents: ( To be completed in advance by the sender of the documents. Include sufficient particulars to identify each document. )
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick
( date ) ( signature of person being served )
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick
I ACKNOWLEDGE that I have received on ( date ) a copy of the following documents: ( To be completed in advance by the sender of the documents and with sufficient particularity to identify the documents. )
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick
( Court, Court File Number, Style of Proceeding )
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 1
1 On the day of , 20 , I served the respondent ( or as may be ) with the attached document marked “A” by leaving a copy with the respondent ( or as may be ) at ( address where service was made )
Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick — 2
2 I was able to identify the person served by means of the fact that