SCHEDULE(Rule 1.6)

FORM 1Notice of Application

Information No.

PROVINCIAL COURT OF NEWFOUNDLAND AND LABRADOR

(specify court centre)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

and

(specific name of accused)

(indicate whether applicant or respondent)

NOTICE OF APPLICATION

(Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings, Form 1)

TAKE NOTICE that an application will be brought at (time) a.m./p.m. on the .... day of (specify month), (year), at Courtroom No. ..., (specify address of courthouse), for an order granting (set out relief sought).

THE GROUNDS FOR THIS APPLICATION ARE:

  • 1 That ...

  • 2 That ...

  • 3 Such further and other grounds as counsel may advise and this Honourable Court may permit.

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING:

  • 1 (Set out documents such as transcripts, etc., on 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 5, at (specify address and fax number)

Dated at ........, ........, this .... day of ..........., (year).

(signature of applicant or counsel,)
(Set out name and address, as well as telephone and fax numbers with area code.)

FORM 2Affidavit

Information No.

PROVINCIAL COURT OF NEWFOUNDLAND AND LABRADOR

(specify court centre)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

and

(specify name of accused)

(indicate whether applicant or respondent)

AFFIDAVIT OF (name)

(Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings, Rule 4, Form 2)

I, (full name of deponent), of the (city, town, etc.) of ...,

(set out the deponent’s capacity), 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, town, etc.) of in the Province of , on (date) .

Commissioner for oaths(deponent’s signature)

FORM 3Notice of Application and Constitutional Issue

Information No.

PROVINCIAL COURT OF NEWFOUNDLAND AND LABRADOR

(specify court centre)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

and

(specify name of accused)

(indicate whether applicant or respondent)

NOTICE OF APPLICATION AND CONSTITUTIONAL ISSUE

(Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings, rule 4.10 and Rule 14, Form 3)

TAKE NOTICE that the (identify party) will bring an application at (time) am./p.m. on the ... day of ...

(specify month), (year), at Courtroom No. ... (specify address of courthouse), for an order granting (set out precise relief sought).

THE GROUNDS FOR THIS APPLICATION ARE:

  • 1 That ...

  • 2 That ...

  • 3 Such further and other grounds as counsel may advise and this Honourable Court may permit.

THE CONSTITUTIONAL ISSUES TO BE RAISED ARE:

  • 1 (State concisely each issue to be raised.)

  • 2 ...

  • 3 ...

THE CONSTITUTIONAL PRINCIPLES TO BE ARGUED ARE:

  • 1 ...

  • 2 ...

  • 3 ...

STATUTORY PROVISIONS OR RULES ON WHICH THE APPLICANT PLACES RELIANCE ARE:

  • 1 ...

  • 2 ...

  • 3 ...

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING:

  • 1 (Briefly describe the documents such as affidavits, transcripts, etc., on which the applicant relies.)

THE RELIEF SOUGHT IS:

  • 1 An order allowing the application and granting (indicate precise relief sought).

THE APPLICANT MAY BE SERVED WITH DOCUMENTS PERTINENT TO THIS APPLICATION

  • 1 By service in accordance with Rule 5, at (specify address and fax number)

Dated at ........, ........, this .... day of ..........., (year).

(signature of applicant or counsel)
(Set out name and address, as well as telephone and fax numbers with area code.)
  • To: 
    The Attorney General Newfoundland and Labrador

    The Attorney General Canada and (office of the prosecutor)

FORM 4Acknowledgment of Receipt Card

Information No.

PROVINCIAL COURT OF NEWFOUNDLAND AND LABRADOR

(specify court centre)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

and

(specific name of accused)

(indicate whether applicant or respondent)

ACKNOWLEDGMENT OF RECEIPT CARD

(Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings, Rule 5, Form 4)

To: (state full name and address)

You are served by mail with the documents enclosed with this card in accordance with the Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings.

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 on you in another manner.

ACKNOWLEDGMENT OF RECEIPT

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)(signature of person served)

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

FORM 5Affidavit of Service

Information No.

PROVINCIAL COURT OF NEWFOUNDLAND AND LABRADOR

(specify court centre)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

and

(specify name of accused)

(indicate whether applicant or respondent)

AFFIDAVIT OF SERVICE

(Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings, Rule 5, Form 5)

I, (full name) of the (city, town, etc.) of ..., in the Province of ...,

MAKE OATH AND SAY (or AFFIRM):

(Specify one of the following:)

Personal Service

  • 1 
    On (date), at (time), I served (identify person served) with the (identify document(s) served) by leaving a copy with him (or her) at (address where service was made). (If the rules provide for personal service on a corporation, etc., by leaving a copy of the documents with another person, substitute: by leaving a copy with (identify person by name and title) at (address where service was made).)
  • 2 
    I was able to identify the person by means of (state the means by which the person’s identity was ascertained).

Service by Leaving a Copy with an Adult Person in the Same Household as an Alternative to Personal Service

  • 1 
    I served (identify person served) with the (identify document(s) served) by leaving a copy on (date), at (time), with a person (insert name if known) who appeared to be an adult member of the same household in which (identify person served) is residing, at (address where service was made), and by sending a copy by prepaid first class (or registered) mail on (date) to (identify person served) at the same address.
  • 2 
    I ascertained that the person was an adult member of the household by means of (state how it was ascertained that the person was an adult member of the household).
  • 3 
    Before serving the document(s) in this way, I made an unsuccessful attempt to serve (identify person) personally at the same address on (date). (If more than one attempt has been made, add: and again on (date)).

Service by Mail as an Alternative to Personal Service

  • 1 
    On (date), I sent a copy of (identify document(s) sent) to (identify person served) by prepaid first class (or registered) mail to (identify party), at (full mailing address).

Service by Mail on Counsel

  • 1 
    I served (identify person served) with the (identify document(s) served) by sending a copy by prepaid first class (or registered) mail on (date) to (name of counsel), counsel for the (identify party), at (full mailing address).

Service by Telephone Transmission of Facsimile

  • 1 
    I served (identify party served) with the (identify document(s) served) by sending a copy by telephone transmission to (telephone number) on (date) to (name of counsel) for the (identify party).

Service by Mail on a Party Not Represented by Counsel or a Non-Party

  • 1 
    I served (identify party or person served) with the (identify document(s) served) by sending a copy by prepaid first class (or registered) mail on (date) to (full mailing address), the latest known address of (identify party or person).

Sworn (or Affirmed) before me at the (city, town, etc.) of ... in the Province of ...

..., on (date)

Commissioner for oaths(deponent’s signature)

FORM 6Notice of Abandonment

Information No.

PROVINCIAL COURT OF NEWFOUNDLAND AND LABRADOR

(specify court centre)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

and

(specific name of accused)

(indicate whether applicant or respondent)

NOTICE OF ABANDONMENT

(Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings, rule 6.14, Form 6)

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

Dated at ..., ... this ... day of ..., ..., (year).

(signature of applicant or counsel)
(Set out name and address, as well as
telephone and fax numbers with area code.)

FORM 7Order Releasing Exhibit(s) for Scientific Testing

Information No.

PROVINCIAL COURT OF NEWFOUNDLAND AND LABRADOR

(specify court centre)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

and

(specify name of accused)

(indicate whether applicant or respondent)

ORDER RELEASING EXHIBIT(S) FOR SCIENTIFIC TESTING

(Criminal Code, subsection 605(1))

(Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings, Rule 8, Form 7)

ON THE APPLICATION made on the ... day of ..., (year), by [counsel of record] on behalf of the ... for an order releasing for purposes of scientific tests and examination of certain exhibit(s) currently in the custody of the Court;

AND ON reading the Notice of Application dated ..., ..., (day), ... (month) and (year), ..., and the

Affidavit(s) of ..., sworn on (date) ..., (year), and hearing the submissions made:

IT IS ORDERED that Exhibit(s) (specify number(s); briefly describe exhibit(s)) be released from the custody of the Clerk of the Provincial Court of Newfoundland and Labrador, subject to the following

TERMS AND CONDITIONS:

  • (a) that the exhibit(s) shall be released forthwith to ..., who shall take such reasonable steps as he or she is advised by the proposed examiners to maintain the integrity of the exhibit(s) for scientific testing;

  • (b) that the reasonable expenses of this examination shall be paid by the (specify prosecutor or accused);

  • (c) that all reasonable steps shall be taken to preserve the samples for any further or other scientific testing;

  • (d) that the results of the testing, together with any supporting or preliminary material, be disclosed to counsel for the accused forthwith on the preparation of a report of such finding, if any;

  • (e) that there be no further or other testing or examination of the exhibit(s), or any product or result of such testing or examination, that is not disclosed to both parties through their counsel, both counsel undertaking that they will not direct, authorize or request any testing or examination of the exhibit(s), or anything produced by such testing or examination, without the consent of and complete disclosure to the party opposite through counsel;

  • (f) that, on the completion of such testing, the exhibit(s) shall be returned to the custody of ..., who shall take all reasonable steps as he or she is advised by the examiners to maintain the integrity of the exhibit(s) for further scientific or other examination, if ordered, and for their presentation at the preliminary inquiry or trial;

  • (g) that the making of the application, the submissions made, the reasons given and the result shall not be disclosed prior to the preliminary inquiry or trial of the accused, or until further order of this Court; and

  • (h) (State any other reasonable conditions required by the circumstances of the case.)

Dated at ..., Newfoundland and Labrador, this ... day of ..., (year).

Judge
Provincial Court of Newfoundland and Labrador

FORM 8Order for Change of Venue of Trial

Information No.

PROVINCIAL COURT OF NEWFOUNDLAND AND LABRADOR

(specify court centre)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

and

(specific name of accused)

(indicate whether applicant or respondent)

ORDER FOR CHANGE OF VENUE OF TRIAL

(Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings, Rule 9, Form 8)

ON THE APPLICATION made on the ... day of ... (year), by counsel on behalf of the ... for an order for change of venue of trial;

AND ON reading the notice of application dated the ... (day) of ..., ... (year), and the affidavits of ... sworn, (year), and hearing the submissions made;

  • 1 IT IS ORDERED that the trial of (specify name of accused) be hereby transferred from the (city, town, etc.) of ...... to the (city town, etc.) of ...... in the Province of Newfoundland and Labrador.

  • 2 IT IS FURTHER ORDERED that the (specify name of accused) appear before the presiding judge of the Provincial Court of Newfoundland and Labrador at (time) a.m./p.m. on the ... day of ..., (year), at Courtroom No. ..., (specify address of courthouse).

Dated at ..., ..., this ... day of ..., (year).

Judge
Provincial Court of Newfoundland and Labrador

FORM 9(a)Order for Attendance of Prisoner at Court Proceeding

Information No.

PROVINCIAL COURT OF NEWFOUNDLAND AND LABRADOR

(specify court centre)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

and

(specify name of accused)

(indicate whether applicant or respondent)

ORDER FOR ATTENDANCE OF PRISONER AT COURT PROCEEDING

(Criminal Code, subsection 527(2))

(Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings, Rule 10, Form 9(a))

TO: (specify name of jailer), (specify position of the jailer, i.e., Superintendent) of (specify name of jail):

ON the application of (specify name of applicant) and on reading the affidavit of the said applicant;

IT IS ORDERED, pursuant to subsection 527(2) of the Code, that (specify name of prisoner), a prisoner confined in that above mentioned prison, be brought before the presiding judge or justice of the peace in the Provincial Court of Newfoundland and Labrador, at (time) a.m./p.m. on the ... day of (specify month), (year), at Courtroom No. ... (specify address of courthouse).

(Specify one of the following.)

to attend a preliminary inquiry into a charge(s) of ... against him/her,

to stand his/her trial on a charge(s) of ...

to attend to give evidence in a proceeding to which the Criminal Code applies, namely, a proceeding against or concerning (specify name of accused or party to proceeding, or nature of proceeding)

from day to day as may be necessary.

YOU, THE SAID KEEPER, are hereby commanded to deliver the said prisoner to (specify name of officer who is to bring prisoner to court) for the aforesaid purpose.

IT IS HEREBY DIRECTED that the said prisoner be kept in custody in the manner in which accused persons who are remanded from time to time are kept in custody, so long as his/her attendance is required, and that (specify appropriate condition) (if he/she is committed for trial, he/she be kept in custom in the common jail so long as required by due course of law, and that, if he/she is discharged on the preliminary inquiry, if he/she is acquitted of the said charge(s) against him/her,) he/she be returned to the said prison, if required, by the said (specify name of person who is to bring prisoner to court) or by such person who may be named by a judge of the Provincial Court of Newfoundland and Labrador for such purpose.

Dated at ..., ..., this ... day of ..., (year).

Judge
Provincial Court of Newfoundland and Labrador

FORM 9(b)Order for Transfer of Prisoner or Person in the Custody of a Peace Officer to Custody of Another Peace Officer

Information No.

PROVINCIAL COURT OF NEWFOUNDLAND AND LABRADOR

(specify court centre)

BETWEEN:

HER MAJESTY THE QUEEN

Applicant

and

(specific name of accused)

Respondent

ORDER FOR TRANSFER OF PRISONER OR PERSON IN THE CUSTODY OF A PEACE OFFICER TO CUSTODY OF ANOTHER PEACE OFFICER

(Criminal Code, subsection 527(7))

(Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings, Rule 10, Form 9(b))

TO: (specify name of jailer/peace officer), (specify position of the jailer/peace officer) of (specify name of prison):

ON application in writing this day by (specify name of prosecutor), for an order made pursuant to the provisions of subsection 527(7) of the Code, transferring (specify name of prisoner or person in custom of peace officer), presently in the custody of a peace officer or confined at (specify name of jail), at ..., Newfoundland and Labrador, to the custody of (specify name of peace officer), a peace officer, for (specify period of transfer), for the purpose of assisting (specify name of, or otherwise describe, peace officer) acting in the execution of his (or her) duties,

AND ON reading the said application dated this ... day of ... (month, year), and the consent in writing of the prisoner or person in the custody of a peace officer, filed,

AND ON being satisfied that the transfer is required for the purposes of assisting a peace officer acting in the execution of his (or her) duties;

  • 1 IT IS ORDERED that (specify name of jailer/peace officer), (specify position of jailer/peace officer), of (specify name of jail), in ..., Newfoundland and Labrador, deliver the said (specify name of prisoner or person in the custom of a peace officer), to (specify name of officer to receive prisoner or person in the custom of a peace officer) who shall receive the said prisoner or person in the custody of a peace officer;

  • 2 IT IS FURTHER ORDERED that the same (specify name of officer to receive the prisoner or a person in the custom of a peace officer), in company with such other peace officers as he (or she) deems necessary, shall keep the said (specify name of prisoner or person in the customer of a peace officer) in custody until the ... day of ..., (month, year), at which time he (or she) is to be redelivered to the said (specify name of prison or location in which the prisoner or person in the custody of a peace officer was kept prior to the order) by the said (specify name of officer who received the prisoner or person in the custody of a peace officer), in company with such other officers as he (or she) deems necessary.

Dated at ..., ..., this ... day of ..., (year).

(Court Seal)

Judge
Provincial Court of Newfoundland and Labrador

FORM 10Commission

Information No.

PROVINCIAL COURT OF NEWFOUNDLAND AND LABRADOR

(specify court centre)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

and

(specify name of accused)

(indicate whether applicant or respondent)

COMMISSION

(Criminal Code, section 709)

(Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings, Rule 11, Form 10)

YOU HAVE BEEN APPOINTED A COMMISSIONER for the purpose of taking evidence in this proceeding now pending in this court by order of the court made on (date), a copy of which is attached.

YOU ARE GIVEN FULL AUTHORITY to do all things necessary for taking the evidence mentioned in the order authorizing this commission.

YOU ARE TO SEND TO THIS COURT a transcript of the evidence taken, together with this commission, forthwith after the transcript is completed.

IN CARRYING OUT THIS COMMISSION, you are to follow the terms of the attached order and the instructions contained in this commission.

THIS COMMISSION is signed and sealed by order of the court.

Dated at ..., ..., this ..., day of ..., (year).

Issued by:
Clerk
(address of court office)

The clerk is to attach to this commission a copy of Rule 11 of the Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings, and section 709 of the Criminal Code.

INSTRUCTIONS TO COMMISSIONER

  • 1 This commission is to be conducted in accordance with Rule 11 of the Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings, a copy of which is attached, to the extent that it is possible to do so. The law of Canada applies to the taking of the evidence.

  • 2 Before acting on this commission, you must take the oath (or affirmation) set out below. You may do so before any person authorized to do so under the laws of Newfoundland and Labrador.

I, ... swear (or affirm) that I will, according to the best of my skill and knowledge, truly and faithfully and without partiality to any of the parties, take the evidence of every witness examined under this commission, and cause the evidence to be transcribed and forwarded to the court. (In an oath, conclude: So help me God.) Sworn (or Affirmed) before me at the (city, town, etc.) of ... in the (Province, State, Country, etc.) of ..., on (date).

(signature of commissioner)
(name and address of commissioner)
(signature and office of person before
whom oath or affirmation is taken)
  • 3 The examining party is required to give the person to be examined at least ... days notice of the examination and, if the order so provides, to pay attendance money to the person to be examined.

  • 4 You must arrange to have the evidence before you recorded and transcribed. You are to administer the following oath (or information) to the person who records and transcribes the evidence:

    You swear (or affirm) that you will truly and faithfully record and transcribe all questions put to all witnesses and their answers in accordance with the directions of the commissioner. (In an oath conclude: So help you God.)

    (On consent of the parties, or where the order of this commission provides for it, the examination may be recorded by videotape or other similar means.)

  • 5 You are to administer the following oath (or affirmation) to each witness whose evidence is to be taken:

    You swear (or affirm) that the evidence to be given by you touching the matters in question between the parties to this proceeding shall be the truth, the whole truth, and nothing but the truth. (In an oath conclude: So help you God.)

  • 6 If a witness does not understand the language in which the examination is to be conducted or is deaf or mute, the evidence of the witness must be given through an interpreter. You are to administer the following oath (or affirmation) to the interpreter:

    You swear (or affirm) that you understand the ... language and the language in which the examination is to be conducted and that you will truly interpret the oath (or affirmation) to the witness, all questions put to the witness and the answers of the witness, to the best of your skill and understanding. (In an oath, conclude: So help you God.)

  • 7 You are to attach to this commission the transcript of the evidence and the exhibits, and any videotape or other recording of the examination. You are to complete the certificate set out below, and mail this commission, the transcript, the exhibits and any videotape or other recording of the examination to the court office where the commission was issued. You are to keep a copy of the transcript and, if practicable, a copy of the exhibits until the court disposes of this proceeding. Forthwith after you mail this commission and the accompanying material to the court office, you are to notify the parties who appeared at the examination that you have done so.

CERTIFICATE OF COMMISSIONER

I, ............... certify that:

  • 1 I administered the proper oath (or affirmation) to the person who recorded and transcribed the evidence, to the witness the transcript of whose evidence is attached and to any interpreter through whom the evidence was given.

  • 2 The evidence of the witness was properly taken.

  • 3 The evidence of the witness was accurately transcribed.

Dated at ..., ..., this ... day of ..., (year).

(signature of commissioner)
(name and address of commissioner)

(Court seal)

FORM 11Letter of Request

Information No.

PROVINCIAL COURT OF NEWFOUNDLAND AND LABRADOR

(specify court centre)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

and

(specify name of accused)

(indicate whether applicant or respondent)

LETTER OF REQUEST

(Criminal Code, section 709)

(Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings, Rule 11, Form 11)

TO THE JUDICIAL AUTHORITIES OF (name of province, state or country)

A CRIMINAL PROCEEDING IS PENDING IN THIS COURT at the (city, town, etc.) of ... Province of Newfoundland and Labrador, Canada, between Her Majesty The Queen and (set out name of accused).

IT HAS BEEN SHOWN TO THIS COURT that it appears necessary for the purpose of justice that a witness residing within your jurisdiction be examined there.

THIS COURT HAS ISSUED A COMMISSION to (name of commissioner) of (address of commissioner), providing for the examination of the witness (name of witness), of (address of witness).

YOU ARE REQUESTED, in furtherance of justice, to cause (name of witness) to appear before the commissioner by the means ordinarily used in your jurisdiction, if necessary to secure attendance, and to answer questions under oath or affirmation (if desired, add:) and to bring to and produce at the examination the following documents and things: (set out the nature and date of each document and give particulars sufficient to identify each document and thing).

YOU ARE ALSO REQUESTED to permit the commissioner to conduct the examination of the witness in accordance with the law of evidence of Canada, the Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings and the commission issued by this court.

AND WHEN YOU REQUEST IT, the courts of Newfoundland and Labrador are ready and willing to do the same for you in a similar case.

THIS LETTER OF REQUEST is signed and sealed by order of the court made on (date).

Dated at ..., ..., this ..., day of ..., (year).

Issued by:
Clerk
(address of court office)

FORM 12Order for Commission and Letter of Request

Information No.

PROVINCIAL COURT OF NEWFOUNDLAND AND LABRADOR

(specify court centre)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

and

(specify name of accused)

(indicate whether applicant or respondent)

ORDER FOR COMMISSION AND LETTER OF REQUEST

(Criminal Code, section 709)

(Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings, Rule 11, Form 12)

ON THE APPLICATION made on the ... day of ..., (year), by counsel on behalf of the ... for an order for a commission and letter of request;

AND ON reading the Notice of Application dated ..., (day, month, year), and the Affidavits of ..., sworn ..., (year), and hearing the submissions made;

  • 1 IT IS ORDERED (give particulars of any directions given by the court under Rule 11).

  • 2 IT IS FURTHER ORDERED that the clerk prepare and issue a commission naming (name), of (address), as commissioner to take the evidence of the witness(es) (name of witness(es)) in (name of province, state or country) for use at the preliminary inquiry or trial.

  • 3 IT IS FURTHER ORDERED that the clerk prepare and issue a letter of request in Form 11 of the Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings, addressed to the judicial authorities of (name of province, state or country), requesting the issuing of such process as is necessary to compel the witness (or witnesses) to attend and be examined before the commissioner.

Dated at ..., ..., this ... day, ... (month) of ... (year).

Judge
Provincial Court of Newfoundland and Labrador

FORM 13Pre-Hearing Conference Report

Information No.

PROVINCIAL COURT OF NEWFOUNDLAND AND LABRADOR

(specify court centre)

BETWEEN:

HER MAJESTY THE QUEEN

and

(specify name of the accused)

PRE-HEARING CONFERENCE REPORT FORM

(Criminal Code, section 625.1)

(Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings, Rule 15, Form 13)

NAME OF ACCUSED:

CHARGES:

DEFENCE COUNSEL: Tel.:

CROWN COUNSEL:

Tel.:

DATE OF OFFENCE:

DATE ACCUSED CHARGED:

DATE INFORMATION SWORN:

DATE OF FIRST APPEARANCE:

DATES OF SUBSEQUENT APPEARANCES:

DATE OF PROCEEDING:

FORM OF JUDICIAL INTERIM RELEASE:

DISCLOSURE ISSUES:

CHARTER ISSUES:

EXPECTED MODE OF TRIAL:

RE-ELECTION EXPECTED CROWN CONSENTING (if required)

PRE-TRIAL MOTIONS:

VOIR-DIRES :

UNDISPUTED ISSUES:

TRIABLE ISSUES:

LEGAL ISSUES:

LENGTH OF PRELIMINARY INQUIRY OR TRIAL:

(Date)Judge
Provincial Court of Newfoundland and Labrador

FORM 14Requisition

Information No.

PROVINCIAL COURT OF NEWFOUNDLAND AND LABRADOR

(specify court centre)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

and

(specific name of accused)

(indicate whether applicant or respondent)

REQUISITION

(Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings, rule 4.09, Form 14)

TO THE CLERK AT (place)

I REQUIRE (Set out a concise statement of what is sought, and include all particulars necessary for the clerk to act. If what is sought is authorized by an order, refer to the order in the requisition and attach a copy of the entered order. If an affidavit or other document must be filed with the requisition, refer to it in the requisition and attach it).

Dated at ..., ..., this ... day of ..., (year).

(signature of person filing
requisition or counsel)
(name and address, as well as telephone
and fax number with area code, of counsel
or person filing requisition)
 
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