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Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick (SI/2015-81)

Regulations are current to 2020-06-17

Appendix of Forms

FORM 1Notice of Application

Court File No. (insert)

IN THE COURT OF QUEEN’S BENCH

TRIAL DIVISION

JUDICIAL DISTRICT OF (specify)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

and

(specify name of accused)

(indicate whether applicant or respondent)

Notice of Application(Criminal Procedure Rules of the Court of Queen’s Bench)

TAKE NOTICE that an Application will be brought at blank line a.m. (or p.m.) on the blank line day of blank line, 20blank line, at blank line (address of court house) blank line, for an order granting (set out relief sought).

THE GROUNDS FOR THIS APPLICATION ARE:

  • 1 That blank line

  • 2 That blank line

  • 3 That blank line

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)

THE RELIEF SOUGHT IS:

  • 1 An Order allowing the Application and granting (indicate particular relief sought)

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)

Dated at blank line, this blank line day of blank line, 20blank line

blank line

(signature of applicant, counsel or Crown counsel)

blank line

(name and address)

blank line

(telephone, including area code and fax number)

blank line

(email)

FORM 2Affidavit

Court File No. (insert)

IN THE COURT OF QUEEN’S BENCH

TRIAL DIVISION

JUDICIAL DISTRICT OF (specify)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

and

(specify name of accused)

(indicate whether applicant or respondent)

Affidavit of (Insert Name of Deponent)(Criminal Procedure Rules of the Court of Queen’s Bench)

I, blank line (full name of deponent) blank line, of the City (or Town or as may be) of blank line, in the County (or District or Regional Municipality) of blank line, blank line (deponent’s capacity) blank line, 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)

Sworn (or Affirmed) before me at the City (or Town or as may be) of blank line in the County (or District or Regional Municipality) of blank line on blank line 20blank line.

(deponent’s signature

Commissioner for Taking Oaths

(or as may be)

FORM 3AAcknowledgment of Receipt Card

Court File No. (insert)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

and

(specify name of accused)

(indicate whether applicant or respondent)

Acknowledgment of Receipt Card(Criminal Procedure Rules of the Court of Queen’s Bench)

To: (state full name and address)

You are served by mail with the documents enclosed with this card.

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.

Acknowledgment of Receipt

(The reverse side of this card must bear the name and address of the sender and the required postage)

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.)

(date)blank line(signature of person being served)

FORM 3BAcknowledgment by Counsel of Service (by Fax)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

and

(specify name of accused)

(indicate whether applicant or respondent)

Acknowledgment by Counsel of Service (by Fax)(Criminal Procedure Rules of the Court of Queen’s Bench)

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.)

(date)blank line(signature of counsel)

FORM 4AAffidavit of Service

(Court, Court File Number, Style of Proceeding)

Affidavit of Service(Criminal Procedure Rules of the Court of Queen’s Bench)

I, blank line (full name) blank line, of the blank line of blank line in the Province of New Brunswick, blank line (occupation) blank line, MAKE OATH AND SAY AS FOLLOWS:

  • 1 On the blank line day of blank line, 20blank line, 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 blank line (address where service was made) blank line

  • 2 I was able to identify the person served by means of the fact that

    blank line

or, where service was made on an individual by leaving a copy with an adult person:

  • 1 On the blank line day of blank line, 20blank line, I served the respondent (or as may be) with the attached document marked “A” by leaving a copy in a sealed envelope addressed to the respondent (or as may be) with blank line, who appeared to be an adult and an occupant of the dwelling in which the respondent (or as may be) resides, at blank line (address where service was made) blank line, and by mailing a copy by prepaid mail on the same (or next) day addressed to the respondent (or as may be) at the same address.

  • 2 Prior to such service I made an unsuccessful attempt to personally serve the respondent (or as may be) at the respondent’s (or as may be) place of residence on the blank line day of blank line, 20blank line, (or where more than one attempt has been made: and again on the blank line day of blank line, 20blank line).

or, where service was made by prepaid mail or prepaid courier upon counsel for the party:

  • 1 On the blank line day of blank line, 20blank line, I served the respondent (or as may be) with the attached document marked “A” by sending by prepaid mail (or prepaid courier as may be) a copy addressed to blank line, counsel for the respondent (or as may be), at blank line (full mailing address) blank line

or, where service was made by prepaid mail or prepaid courier upon a party:

  • 1 On the blank line day of blank line, 20blank line, I served the respondent (or as may be) with the attached document marked “A” by sending a copy of the document together with an Acknowledgement of Receipt Card by prepaid mail (or prepaid courier as may be) addressed to the respondent (or as may be) at blank line (full mailing address) blank line, the respondent’s (or as may be) last known address.

  • 2 On the blank line day of blank line, 20blank line, the attached Acknowledgement of Receipt Card marked “B” bearing a signature which appears to be the signature of the respondent (or as may be) was returned to and received by me.

or

  • 2 On the blank line day of blank line, 20blank line, the attached post office receipt (or acknowledgement of receipt in writing) marked “B” bearing a signature which appears to be the signature (or a copy of the signature) of the respondent (or as may be) was returned to and received by me.

or

  • 2 On the blank line day of blank line, 20blank line, the attached confirmation marked “B” was received by me from the carrier who delivered the document.

or, where service was made on a corporation:

  • 1 No office or place of business of the respondent (or as may be) is located at any address given in the last statement of the respondent (or as may be) delivered to the Minister of Justice and no office or place of business of the respondent (or as may be) can be found in New Brunswick.

  • 2 On the blank line day of blank line, 20blank line, I served the respondent (or as may be) with the attached document marked “A” by sending a copy by prepaid mail (or prepaid courier as may be) to the respondent at blank line (full mailing address) blank line, being the address given for the respondent on the last statement of the respondent (or as may be) delivered to the Minister of Justice, and also by sending a copy by prepaid mail (or prepaid courier as may be) to blank line, who is shown as an officer of the respondent on the last statement of the respondent (or as may be) delivered to the Minister of Justice, at blank line (full mailing address) blank line, which is the address given for the respondent (or as may be) on such a statement.

or, where service was made by telephone transmission producing a facsimile of the document in the office of counsel:

  • 1 On the blank line day of blank line, 20blank line, I served the respondent (or as may be) with the attached document marked “A” by sending a facsimile of the document accompanied by a copy of the cover page marked “B” by telephone transmission to blank line, counsel for the respondent (or as may be).

Sworn (or Affirmed) before me at the City (or Town or as may be) of blank line in the County (or District or Regional Municipality) of blank line, on blank line, 20blank line

(deponent’s signature

Commissioner for Taking Oaths

(or as may be)

FORM 4BCertificate of Service by Sheriff

(Court, Court File Number, Style of Proceeding)

Certificate of Service by Sheriff

I, blank line (full name) blank line, Sheriff (or Deputy Sheriff as may be) for the County ofblank line, certify that on the blank line day of blank line, 20blank line, at blank line a.m. (or p.m.):

  • (1) I served the respondent (or as the case may be) blank line, by leaving a copy of this document with blank line

  • (2) I was able to identify the respondent (or as may be) by means of the fact that blank line

or

  • (2) I was able to identify the person with whom a copy of the document was left to effect service on the respondent (or as may be) by means of the fact that blank line

DATED at blank line, this blank line day of blank line, 20blank line

blank line

(signature of sheriff or deputy sheriff serving the document)

FORM 5Notice of Abandonment

Court File No. (insert)

IN THE COURT OF QUEEN’S BENCH

TRIAL DIVISION

JUDICIAL DISTRICT OF (specify)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

and

(specify name of accused)

(indicate whether applicant or respondent)

Notice of Abandonment(Criminal Procedure Rules of the Court of Queen’s Bench)

TAKE NOTICE that the (identify party) hereby wholly abandons the Application for (indicate the nature of the order and relief sought).

Dated at blank line, this blank line day of blank line, 20blank line

blank line

(signature of applicant or counsel)

blank line

(set out name and address)

blank line

(telephone and fax number with area code)

FORM 6Pre-Trial Conference Submission

Court File No. (insert)

IN THE COURT OF QUEEN’S BENCH

TRIAL DIVISION

JUDICIAL DISTRICT OF (specify)

BETWEEN:

HER MAJESTY THE QUEEN

and

(specify name of accused)

Pre-Trial Conference Submission(Criminal Code, section 625.1)

(Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick)

NAME OF ACCUSED: blank line

CHARGES: blank line

DEFENCE COUNSEL:

Name: blank line Tel./fax/e-mail: blank line

Name: blank line Tel./fax/e-mail: blank line

CROWN COUNSEL:

Name: blank line Tel./fax/e-mail: blank line

Name: blank line Tel./fax/e-mail: blank line

DATE OF ALLEGED OFFENCE(S): blank line

DATE ACCUSED CHARGED: blank line

DATE INFORMATION SWORN: blank line

DATE OF FIRST APPEARANCE:

blank line

DATES OF SUBSEQUENT APPEARANCES:

blank line

DATE INDICTMENT FILED: blank line

FORM OF JUDICIAL INTERIM RELEASE / REMAND:

blank line

DISCLOSURE ISSUES: blank line

CHARTER OF RIGHTS ISSUES:

blank line

EXPECTED MODE OF TRIAL: blank line

  • [ ] Re-election expected

  • [ ] Crown consenting (if required)

PRE-TRIAL MOTIONS: blank line

VOIR DIRES: blank line

UNDISPUTED ISSUES / TRIABLE ISSUES:

blank line

LEGAL ISSUES: blank line

LENGTH OF TRIAL ANTICIPATED: blank line

SUBMITTED at the blank line of blank line on the blank line day of blank line 20blank line

blank line

Signature of Counsel for (insert)

 
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