Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador (SI/2018-43)

Regulations are current to 2019-06-20 and last amended on 2018-07-01. Previous Versions

RULE 10Case Management (continued)

Marginal note:Subsequent Case Management Conferences

  •  (1) The case management judge may schedule and convene a case management conference from time to time, on his or her own initiative or at the request of a party, to ensure efficient case management and the orderly and expeditious conduct of the proceeding.

  • (2) Requests by a party for a case management conference shall be in writing and must indicate the issues to be discussed during the case management conference.

  • (3) The case management judge may direct that parties prepare a Pre-Trial Report in CR Form 9.04 before any case management conference and, where the case management judge so orders, rule 9.04 applies to the case management conference with any necessary modifications.

Marginal note:Attendance at Case Management Conferences

 The case management judge may require that an accused who is represented by counsel be present or available for consultation at the case management conference.

Marginal note:General Nature of the Case Management Conference

  •  (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.

Marginal note:Applications

  •  (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.

Marginal note:Case Management Judge may be the Trial Judge

 The case management judge is not precluded from being the trial judge in the proceeding by virtue of being the case management judge.

RULE 11Applications Generally

Marginal note:Application of this Rule

  •  (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.

Marginal note:Commencement of Application

  •  (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.

Marginal note:Time for Filing Pre-Trial Applications

 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.

Marginal note:Obtaining Leave to File a Pre-Trial Application

  •  (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.

Marginal note:Contents of the Notice of Application

  •  (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
 
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