Notwithstanding Rules 5 to 9, the Court may quash a conviction, order or warrant on receipt from the Crown of an ex parte application to quash.

MANDAMUS

 No order in the nature of mandamus shall be granted unless at the time of the application for it an affidavit is produced by which a person deposes upon oath that the application is made by or on behalf of the person, whose name shall appear as the applicant’s.

 No action or proceedings shall be commenced or prosecuted against any person in respect of anything done in accordance with an order in the nature of mandamus that is issued by the Court or any judge.

 The order or judgment may compel the performance of the duty immediately or after the expiration of a fixed time and may be subject to specified terms.

HABEAS CORPUS

  •  (1) An application for an order in the nature of habeas corpus shall be brought by application to a judge and may be joined with one or more of the applications for an order referred to in Rule 4.

  • (2) A judge may issue the order in Form C of the schedule, or with such variations, not being matters of substance, as the nature of the case and the interests of justice may require.

  • (3) The order may be granted ex parte.

 In addition to being served in accordance with Rule 6, the application and the order in the nature of habeas corpus shall also be served on the person having custody of the applicant and on the Attorney General of Newfoundland.

 After hearing the application for an order of habeas corpus and after the issuance and return of it, the judge may

  • (a) proceed as soon as possible as the interests of justice permit to dispose of the matter, whether in the presence of the applicant, or with the consent of the parties, in the applicant’s absence; and

  • (b) direct that an order be immediately drawn up for a prisoner’s discharge, and the order is a sufficient warrant for any gaoler or constable or other person, for the prisoner’s discharge.

COMING INTO FORCE

 These Rules shall come into force on June 1, 2000.