1 Where an appeal is taken under section 813 the appellant shall prepare a notice of appeal in writing setting forth:

• (a) the summary conviction court that made the conviction, order or sentence appealed against,

• (b) the date and place where the adjudication was made,

• (c) with reasonable certainty, the conviction or order appealed from or the sentence appealed against,

• (d) indicating whether the appeal is from the conviction or order or against sentence, or both, and shall specify the nature of the order which the appellant intends to ask the Court to make and the reasons therefor.

2 Where the appellant is the defendant, the notice of appeal may be in Form I in the appendix hereto, varied as the circumstances may require. A copy of the notice of appeal shall be served on the office of the prosecutor within 30 days after the conviction or order was made, or the sentence was imposed, whichever is the later, and the original notice of appeal, with proof of service, shall be filed with the local registrar of the Court of Queen’s Bench at the judicial centre nearest to where the adjudication was made not later than 7 days after the last day for service of the notice of appeal.

3 Where the appellant is the prosecutor the notice of appeal may be in Form II in the appendix hereto, varied as the circumstances may require, and a copy of the notice of appeal shall be served on the defendant within 30 days after the dismissal of the information or the date the sentence was imposed, whichever is the later, and the original notice of appeal with proof of service shall be filed in the office of the local registrar of the Court of Queen’s Bench at the judicial Centre nearest to where the adjudication was made not later than 7 days after the last day for service of the notice of appeal.

4 A Judge of the Court sitting at the Judicial Centre at which the notice of appeal is to be filed may on application of the prosecutor make an ex parte order that service of the notice of appeal on a defendant may be made on such other person or in such manner as he may direct.

5 An application to extend the time within which notice of appeal may be given shall be made to a Judge of the Court sitting at the Judicial Centre where the notice of appeal is to be filed and, subject to the right of the Court to direct service of notice of the application on the respondent, such application may be made ex parte.

6 At the time the notice of appeal is filed, unless otherwise ordered by a Judge of the Court, the appellant shall further file with the local registrar a certificate of the court reporter or stenographer who took the evidence before the summary conviction court or who has been assigned to transcribe the same, if the evidence was recorded by a sound recording apparatus, that copies of the transcript of such evidence and the reasons for judgment, if any, will be furnished to the appeal court and the respondent. The certificate may be in Form III in the appendix hereto. Provided that if a transcript of the evidence cannot be furnished, a certificate signed by the person assigned to transcribe the same and setting out the reasons therefor to transcribe the same and setting out the reasons therefor shall be sufficient compliance with this rule.

7 Where the appeal is from sentence only it shall not be necessary for the appellant to cause a transcript of the evidence to be furnished to the appeal court unless the Court shall otherwise order.

8 No time or place for the hearing need be stated in any notice of appeal but upon receipt of the material required to be transmitted by the summary conviction court pursuant to subsection 821(1) and a transcript of the evidence, unless dispensed with by order of the Court, the local registrar shall forthwith enter the case on a list of appeals to be heard, whereupon directions may be given as to the hearing of the appeal.

9 An application for trial de novo, pursuant to subsection 822(4) of the Code shall be made by notice of motion to a judge with supporting material returnable not later than 30 days following the date of the filing with the local registrar of the Court of the transcript or a certificate from the court reporter that the same cannot be provided, or at such other time as a judge may otherwise order. Service of a copy of the notice of motion and supporting material shall be on the opposite party not later than five days prior to the return date thereof and proof of such service shall be filed with the clerk within two days of the return date.

10 As soon as the appeal is set for hearing the local registrar of the Court shall give notice to the appellant and to the respondent that the appeal has been set down for hearing and notice of the time when it will be heard.

11 Any party may present argument in writing by filing the same with the local registrar of the Court at any time before the day fixed for the hearing.

12 Subject to provisions of section 821 of the Criminal Code and to rules 13 and 14 hereof, the summary conviction court shall retain all documents, exhibits or other things connected with the trial of any person convicted, or acquitted at such trial or in the case of chattels of inconvenient size shall direct them to be retained by the proper police officers for 35 days after the sentence, unless in the meantime an order has been made by a Judge of the Court of Queen’s Bench respecting the custody and control of the same.

13 The summary conviction court before whom any person was tried may at any time after the trial upon having filed with him the written consent, whether absolute or upon terms, of the counsel who acted for the Crown at the trial and of the counsel who acted for the accused, or if the accused was not represented by counsel, the accused personally, deliver any documents, exhibit or other thing produced at the trial to the person producing the same.

14 The summary conviction court may at any time after the trial make a special order as to the custody or conditional release of any documents, exhibits or other thing as special circumstances or the special nature thereof may make desirable and proper, and upon such terms as he may impose.

15 Non-compliance with these rules shall not render any proceedings void, but the same may be amended or may be set aside as irregular or otherwise dealt with as may be just.

15A Where through error or inadvertence the name of the court is wrongly described, the appeal shall be deemed to have been taken to the Court of Queen’s Bench and the judge before whom the proceeding is taken may direct that the name of the court be corrected and thereafter the proceedings shall continue as thus corrected.

16 In matters not herein specifically provided for the Rules of the Court of Queen’s Bench for Saskatchewan shall mutatis mutandis apply.

17 A sufficient number of copies of these rules shall be provided to and kept by every keeper of a provincial jail or place of detention in Saskatchewan and the said gaolers and wardens shall furnish a copy of these rules to any convicted person in his custody who asks for the same.

These rules come into force on the day section 10 of S.C. 178-79 (27-28 Eliz. II), c. 11., in so far as it relates to the Province of Saskatchewan, comes into force.

APPENDIX

FORM I

IN THE COURT OF QUEEN’S BENCH
JUDICIAL CENTRE OF
BETWEEN:
(state name and address of appellant)
	hereinafter called the appellant
- and -
HER MAJESTY THE QUEEN
	hereinafter called the respondent
NOTICE OF APPEAL
THE APPELLANT does hereby appeal from the conviction and/or sentence
(state either or both)
made by
(state name of presiding Judge or Justice)
at	on .
(state place of adjudication)	(state date of adjudication)
The offence of which the appellant was convicted was
(state fully offence or offences of which convicted)
(If applicable:)
The sentence of the summary court that convicted the appellant was
(state sentence imposed)
The sentence was imposed on .
	(state date of sentence)
The grounds on which the appeal is taken from the conviction and/or sentence are
(here set out briefly the basis of the appeal)
My address for service is .
DATED the day of , A.D. .
	(Signature of appellant or solicitor)

TO:	The local registrar of the Court of Queen’s Bench for Saskatchewan Judicial Centre of

FORM II

IN THE QUEEN’S BENCH JUDICIAL CENTRE OF

BETWEEN:

	HER MAJESTY THE QUEEN, on the
	information and complaint of
	(state name of informant)
		hereinafter called the appellant
and
	(state name and address of respondent)
		hereinafter called the respondent

(If appeal is from an order of dismissal):

TAKE NOTICE that the Attorney General of (state Canada or Saskatchewan) intends to appeal and does herby appeal from an order dismissing the information of (state name of informant) against the respondent made by (state name of presiding Judge, Magistrate or Justice) at (state place of adjudication) on (state date of adjudication).

The information that was dismissed charged the respondent (state fully offence or offences charged).

(If appeal is from sentence):

TAKE NOTICE that the Attorney General of (state Canada or Saskatchewan) intends to appeal and does hereby appeal the sentence imposed upon the respondent following a conviction(s) made by (state name of presiding Judge, Magistrate or Justice) at (state place of adjudication) on (state date of adjudication).

The offence of which the respondent was convicted was (state fully offence or offences) and the sentence imposed by the summary conviction court was (state particulars of sentence) and was imposed on (state date).

The following is the order the Attorney General asks to be made (here set out order sought and reasons therefor).

The address for service of the Attorney General is: .

FORM III

IN THE QUEEN’S BENCH JUDICIAL CENTRE OF

BETWEEN:

, APPELLANT

and

, RESPONDENT

CERTIFICATE

I certify that the evidence in the above matter has been ordered pursuant to subsection 821(3) of the Criminal Code by and I undertake to deliver same when completed by me.

Court Reporter or Stenographer

TO: Local Registrar of the Court

• SI/99-102, ss. 6(F), 7, 8