GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 10.09
General Nature of the Case Management Conference 10.09 (1) At a case management conference, the case management judge may: (a) in consultation with the appropriate registry clerk, establish or revise any schedule for pre-trial applications, trial or other proceedings; (b) secure the parties’ agreement or give directions about the order in which applications shall be heard; (c) secure the parties’ agreement or give directions about the manner in which evidence will be presented on applications; (d) secure the parties’ agreement or give directions regarding the appearance of witnesses by video conference; (e) secure the parties’ agreement or give directions regarding expert witnesses meeting on a without prejudice basis to determine those matters on which they agree and do not agree; (f) secure the parties’ agreement or give directions about the manner in which decisions made by a judge other than the trial judge on applications are to be incorporated into the record or other proceedings; (g) secure the parties’ agreement or give directions about the materials to be filed in support of and in response to any applications; (h) establish a schedule for the service and filing of any materials required for applications; (i) secure the parties’ agreement to or give directions about admissions of fact or other agreements about issues of fact and the attendance of witnesses on issues not in dispute; (j) require the prosecutor to provide a list of the names of the persons who will or may be called as witnesses for the prosecution; (k) secure the parties’ agreement or give directions about interpreters or equipment required in the proceedings and make arrangements through a registry clerk to ensure such requirements are met; (l) secure the parties’ agreement to or give directions about the manner in which evidence may be presented at trial to assist its comprehension by jurors; (m) determine whether jury selection will involve challenge for cause and if so, endeavour to establish the questions to be asked on such procedure; (n) attempt to resolve by agreement any outstanding issues respecting disclosure; and (o) identify contested issues of fact and law and explore methods to resolve them. (2) Any directions given by the case management judge at a case management conference are subject to revision by the judge presiding in the proceeding.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 10.10
Applications 10.10 (1) If the trial judge is to hear an application submitted on behalf of a party in a case managed proceeding, a registry clerk shall bring the application to the attention of the trial judge, obtain an appropriate date from that judge for the hearing of that application and notify the parties of that date. (2) If subrule (1) does not apply, the registry clerk shall bring to the attention of the case management judge designated under this Rule any application submitted on behalf of a party, obtain an appropriate date from that judge for the hearing of that application and notify the parties of that date. (3) Rule 11 respecting applications, with any necessary modifications, shall apply to applications brought in any proceeding which is subject to case management. (4) Where necessary, a case management judge may convert a case management conference into a hearing.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 10.11
Case Management Judge may be the Trial Judge 10.11 The case management judge is not precluded from being the trial judge in the proceeding by virtue of being the case management judge.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 11.01
Application of this Rule 11.01 (1) This Rule applies to all applications initiated by notice of application, including those applications set out in Rules 12 to 19, except where these Rules provide otherwise or as ordered by a judge. (2) Unless otherwise ordered, an accused who is not represented by counsel is not required to file any of the documents required by Rules 11 to 19.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 11.02
Commencement of Application 11.02 (1) Applications shall be initiated by a Notice of Application in CR Form 11.02. (2) The trial judge may dispense with the requirement to file a Notice of Application when an application is brought during the course of the trial.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 11.03
Time for Filing Pre-Trial Applications 11.03 Unless otherwise specified by the Code, no pretrial applications in relation to an indictment in respect of which there has been a pre-trial conference may be filed with the court without leave.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 11.04
Obtaining Leave to File a Pre-Trial Application 11.04 (1) Leave to file a pre-trial application may be requested in arraignment court or by way of separate application to a judge. (2) Leave may be requested orally without filing a Notice of Application. (3) A judge may order that a Notice of Application to request leave and supporting material be filed with the court before determining whether to grant leave. (4) If leave is granted to file an application, the judge may also order: (a) the date by which the application and supporting materials shall be filed; (b) the dates by which the parties shall file additional materials and briefs; (c) the date for the hearing of the application; and (d) such consequential directions as may be appropriate.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 11.05
Contents of the Notice of Application 11.05 (1) The Notice of Application shall set out the following: (a) the place, date and time of the hearing or the place, date and time of the sitting of arraignment court at which the date for the hearing of the application will be set; (b) an estimate of the time required for the hearing of the application; (c) a statement whether the accused is in custody and, if so, whether he or she wishes to be in court for the hearing of the application; (d) the present status of the proceedings against the accused, including the date of any conferences; (e) the precise relief sought; (f) the grounds for the relief sought, including a reference to any statutory provision or rule on which the applicant relies; and (g) where an order is required abridging or extending the time for service or filing of the Notice of Application or supporting documentary, affidavit and other material intended to be used at the hearing of the application, a statement to that effect. (2) The documentary, affidavit and other material intended to be used at the hearing of the application shall be attached to the Notice of Application. (3) Each Notice of Application, affidavit, memorandum, brief or other document filed with the court on or after the date the application is filed which relates to that application shall have include immediately below the title of proceeding or at some convenient place, if there is no title of proceeding on the document, the following text box: SUMMARY OF CURRENT DOCUMENT Court File Number(s): Date of Filing of Document: Name of Filing Party or Person: Application to which Document being filed relates: [e.g. Application of Accused for order ruling evidence as inadmissible] Statement of purpose in filing: [e.g. to support/oppose application] Court Sub-File Number, if any
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 11.06
Service and Filing of Materials 11.06 (1) Unless otherwise specified by the Code or these Rules, or a judge otherwise directs, a Notice of Application, including all documentary, affidavit and other material intended to be used at the hearing of the application, together with proof of service, shall be served on all parties in accordance with the court’s civil rules and filed with the court not less than 21 days before the hearing date. (2) Where there is uncertainty whether anyone not a party to an application should be served, the applicant may apply ex parte to a judge for an order for directions. (3) Unless otherwise ordered, a Notice of Application and all supporting documentary, affidavit and other material intended to be used at the hearing of the application shall be filed and the application shall be heard at the judicial centre where the trial is to be held.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 11.07
Getting a Hearing Date for Pre-Trial Applications 11.07 (1) A hearing date for a pre-trial application may be set by either a registry clerk or a judge in arraignment court. (2) If an application is first returnable to a sitting of arraignment court, the presiding arraignment court judge may hear the matter or set appropriate dates for a hearing and give all consequential directions with respect to, among other things, the dates for filing of materials and briefs prior to the hearing and the manner of conducting the hearing. (3) Where a date for a pre-trial application is set under this rule and the application will be heard by the trial judge, the Chief Justice shall designate the judge.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 11.08
Materials to be Filed 11.08 Unless otherwise ordered, the following deadlines shall apply: (a) not more than seven days following service of the Notice of Application and the applicant’s documentary, affidavit and other material intended to be used at the hearing of the application, the respondent shall serve and file with the court, together with proof of service, all supporting documentary, affidavit and other material intended to be used at the hearing of the application; (b) not more than seven days following service of the respondent’s documentary, affidavit and other material, the applicant shall serve and file with the court, together with proof of service, the cases, statutory provisions and any other authorities the applicant intends to rely on at the hearing; and (c) not more than four days following service of the applicant’s cases, statutory provisions and any other authorities, the respondent shall file with the court, together with proof of service, the cases, statutory provisions and any other authorities the respondent intends to rely on at the hearing.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 11.09
Affidavit Evidence 11.09 (1) Evidence on an application may be given by affidavit unless the Code or other applicable statute provides or a judge orders otherwise. (2) Subject to subrule (3), a deponent may state in an affidavit only facts that are within the personal knowledge of the deponent or other evidence that the deponent would be permitted to testify to as a witness in court. (3) An affidavit may contain statements of the deponent’s information and belief with respect to facts that are not contentious if the source of the information and the fact of belief are specified in the affidavit.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 11.10
Oral Evidence 11.10 A witness may be examined or cross-examined on the hearing of an application with leave of the presiding judge.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 11.11
Written Argument 11.11 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 of the parties.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 11.12
Consent in Writing 11.12 (1) 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. (2) 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 subrule (1).
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 11.13
Applications by Telephone or Video Conference 11.13 (1) With consent of all parties or with leave of a judge, an application or one or more parties or witnesses to an application may be heard by telephone conference call or by video conference or any other form of electronic communication acceptable to the court. (2) Leave of a judge under subrule (1): (a) does not require the filing of an application; and (b) shall be requested in writing. (3) Where there is a request for telephone conferencing or video conferencing, the consent or request for leave must be filed no less than seven days prior to the start of the hearing. (4) A registry clerk shall make the arrangements necessary for an application to be heard by telephone conference call or video conference under this rule on receipt of: (a) a request from one of the parties where all the parties consent; and (b) an order of a judge where leave is required. (5) An application may be heard by video conference by a judge in another judicial centre. (6) Unless otherwise ordered, an application that is determined under this rule is deemed to have been heard and determined at the judicial centre where the indictment was filed.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 11.14
Abandonment 11.14 (1) An applicant who wishes to abandon his or her application shall serve on the other party and file with the court, together with proof of service, a Notice of Abandonment as follows: (a) if the application was filed on behalf of Her Majesty the Queen, the Notice of Abandonment shall be in CR Form 11.14A and shall be signed by the prosecutor; or (b) if the application was filed by or on behalf of the accused, the Notice of Abandonment shall be in CR Form 11.14B and shall be either, (i) signed by the accused and accompanied by an affidavit of execution verifying the signature of the accused or witnessed by an officer of the institution in which the applicant is confined, or (ii) signed by counsel for the accused and state that he or she has explained the consequences of abandonment to the accused and has been specifically instructed by the accused to abandon the application. (2) On the filing of a Notice of Abandonment, a registry clerk shall note the application dismissed as abandoned without the attendance of the parties. (3) An applicant who fails to appear, either in person or by a solicitor, at the hearing of an application may be deemed to have wholly abandoned the application.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 12.01
Application 12.01 This Rule applies to applications by: (a) counsel for an accused to withdraw as solicitor of record; and (b) the prosecutor to have the solicitor of record for an accused removed as solicitor of record.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 12.02
To Whom the Application is Made 12.02 Applications under this Rule shall be made as soon as is reasonably practicable to ensure that no adjournment of the proceedings will be required.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 12.03
Service 12.03 The Notice of Application and the supporting documentary, affidavit and other material intended to be used at the hearing of the application required by Rules 11 and 12.06 shall be served on: (a) the accused; (b) the prosecutor where the application is made by counsel for an accused to withdraw as solicitor of record; (c) counsel for the accused where the application is made by the prosecutor to have counsel for the accused removed as solicitor of record; and (d) the Legal Aid Commission where the application requests that the Legal Aid Commission represent the accused.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 12.04
Role of the Legal Aid Commission 12.04 (1) If the Legal Aid Commission has been served with an application under clause 12.03(d), it shall cause a representative of the Legal Aid Commission to appear at the hearing of the application who is able to: (a) advise the judge as to: (i) whether the accused has applied for legal aid and if so, the status of that application; (ii) the role that the Legal Aid Commission could or should play in relation to the accused thereafter; (iii) whether there are any reasons why a staff solicitor of the Legal Aid Commission could not be appointed to represent the accused and the limitations on such representation; (iv) whether counsel engaged by the Legal Aid Commission could be made available to represent the accused without conflict of interest; and (v) what period of time may be required for counsel to become familiar with the case; and (b) if an application has not been made to the Legal Aid Commission, take an application for legal aid from the accused immediately following the hearing. (2) The information set out in clause (1)(a) may be set out in an affidavit filed with the court which is sworn by an officer of the Legal Aid Commission.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 12.05
Appearance at the Registrar’s Request 12.05 The Registrar may request that a representative of the Legal Aid Commission appear at the hearing of any application under this Rule.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 12.06
Materials for Use on Application 12.06 (1) A Notice of Application under this Rule shall be accompanied by an affidavit by or on behalf of the applicant, detailing: (a) particulars of the charge in respect of which the application is made, including a statement of the date upon which trial proceedings are scheduled to commence and their anticipated length; (b) where the application is made by the solicitor of record for an accused or on behalf of an accused, the material facts relating to the application including, without disclosing any solicitor client communication in respect of which solicitor client privilege has not been waived, a statement of the reasons why the order sought should be given; (c) where the application is made by or on behalf of the prosecutor, the material facts relating to the application including a statement of the reasons why the order sought should be given; (d) a statement whether a delay or an adjournment of trial proceedings is likely or will be required to enable the accused to retain and instruct a new solicitor of record to proceed to trial and, if so, the anticipated length of the delay or adjournment; and (e) where applicable, a statement of the identity of the new solicitor of record and his or her undertaking to proceed to trial or other disposition on the date specified under clause (1)(d). (2) Where the accused, counsel for the accused and the prosecutor consent, the judge may dispense with the requirement of an affidavit under subrule (1).
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 12.07
Alternative Application 12.07 An application under Rule 13 may be heard as an alternative application immediately following a disposition under this Rule.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 13.01
Application 13.01 This Rule applies to all applications for an order appointing counsel for an accused.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 13.02
Service 13.02 (1) A Notice of Application for an order appointing counsel for an accused, together with all supporting documentary, affidavit and other material intended to be used at the hearing of the application, shall be served on (a) the Attorney General for the province; (b) the prosecutor; (c) any co-accused; and (d) the Legal Aid Commission. (2) The parties listed in subrule (1) shall be entitled to be heard on the application.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 13.03
Materials for Use on Application 13.03 (1) The Notice of Application under this Rule shall be accompanied by an affidavit by or on behalf of the accused, detailing: (a) the efforts made by the accused to retain counsel; (b) the reasons why the accused has been unable to retain counsel; (c) whether an application has been made to the Legal Aid Commission for legal assistance and, if so, the status of that application; (d) whether the accused was formerly represented by counsel and when that representation ceased; (e) the name of any counsel who has indicated a willingness to represent the accused in the event an order for counsel is made, and the terms on which he or she is prepared to provide such representation; and (f) such other information as may be relevant to the application. (2) The accused shall also file with the court an affidavit by any counsel referred to in clause (1)(e) which confirms his or her willingness to act and the terms on which he or she is prepared to act.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 13.04
Role of the Legal Aid Commission 13.04 (1) The Legal Aid Commission shall cause a representative of the Legal Aid Commission to appear at the hearing of an application under this Rule who is able to: (a) advise the judge as to: (i) whether the accused has applied for legal aid and the status of that application; (ii) the role that the Legal Aid Commission could or should play in relation to the accused thereafter; (iii) whether there are any reasons why a staff solicitor of the Legal Aid Commission could not be appointed to represent the accused and the limitations on such representation; (iv) whether one or more solicitors of the Legal Aid Commission are available and capable of representing the accused and the names of such persons; (v) what period of time may be required for counsel to become familiar with the case; and (vi) such other information as may be relevant to the proper representation of the accused; and (b) if an application has not been made to the Legal Aid Commission, take an application for legal aid from the accused immediately following the hearing. (2) The information set out in clause (1)(a) may be set out in an affidavit filed with the court which is sworn by an officer of the Legal Aid Commission. (3) For the purposes of clause (1)(a), the accused shall be deemed by his or her application to waive solicitor-client privilege with respect to all matters, including financial matters, that relate to his or her ability to retain counsel. (4) Following the hearing of the application, the information provided by the Legal Aid Commission shall be sealed and shall not be disclosed to the trial judge, who shall not be the same judge who hears the application.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 13.05
Order 13.05 (1) An order appointing counsel for an accused shall include the following: (a) the name of counsel so appointed; (b) any limitations on the scope of the appointment; (c) the terms upon which the appointment is made; and (d) a requirement that bills of account submitted by the counsel shall, at the option of the Attorney General, be taxed. (2) An order made under this Rule may, for cause, be modified or revoked by a judge upon application by the accused, counsel who has been appointed under this Rule or the Attorney General.
Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador — 14.01
Fundamental Principle 14.01 To the extent that available judicial resources permit, priority shall be given to the scheduling of applications for judicial interim release when setting the court docket.