Document ID: chunk:federal_register_of_legislation:F2024C00482:reg:13:p46
Version: federal_register_of_legislation:F2024C00482
Segment Type: reg
Provision Reference: reg 13 (pt 46/48)
Character Range: 122524–125005

the application is filed, a Registrar will fix a return date and place for hearing and endorse those details on the application or an accompanying notice.
 (4) If an application is made in accordance with paragraph (3)(a), the party filing the application must serve a stamped copy of the application and the accompanying affidavit on any other party to the proceedings at least 3 days before the date fixed for the hearing of the application.

9.02  Bringing accused before the Court

Accused who is not in custody
 (1) If it is necessary to bring before the Court an accused who is not in custody, the Court may:
 (a) issue a summons, in accordance with rule 9.04, requiring the accused to appear before the Court; or
 (b) issue a warrant for the arrest of the accused.
Note: For the form of the warrant, see rule 9.06.
 (2) Without limiting subrule (1), the Court may issue a warrant for the arrest of the accused if the accused does not appear before the Court on any day the accused is required to appear.
Note: Under rule 1.08 the power to issue a summons or a warrant may be exercised on the Court's own initiative, or on application by a party to the proceedings.

Accused who is in custody
 (3) If the accused is in custody, the Court may order that the accused be brought before the Court.
Note: For the form of the order, see rule 9.05.
 (4) If the Court makes an order under subrule (3), the Court may make an order regarding the continuing custody of the accused pending the determination of the proceedings.

9.03  Bringing a witness before the Court
 (1) If a witness in criminal proceedings is in custody, the Court may order that the witness be brought before the Court.
Note: For the form of the order, see rule 9.05.
 (2) If the Court makes an order under subrule (1), the Court may make an order regarding the continuing custody of the witness pending the determination of the proceedings.

9.04  Summons to appear before the Court
 (1) A summons requiring a person to appear before the Court may be in accordance with Form CP46.
 (2) The summons must be served personally on the person at least 5 days before the day the person is required to appear before the Court.
 (3) The Court may issue a warrant for the arrest of the person if the person does not appear before the Court on a day the person is required to appear in accordance with the summons.
Note 1: For the form of the warrant, see rule 9.06.
Note 2: The person may also be in contempt of court—see