Marginal note:Waiver of oral hearing
84 (1) If the parties consent, they may request that the appeal be decided on the basis of the factums and without an oral hearing. In such a case, the Court may require the personal consent of the accused.
(2) The Clerk shall notify the parties of the date on which the appeal is taken under advisement and of the names of the judges assigned to the case.
Marginal note:Notice to appear
(3) If the panel assigned to the appeal considers that oral argument is necessary, the parties shall be informed that the case is no longer under advisement and the appeal shall be returned to the general roll.
PART 12Roll for Hearing
Marginal note:Placing on the roll
85 The Clerk shall prepare the roll for hearing, observing to the extent possible the date of readiness of the cases, subject to the priorities prescribed by law or that the Chief Justice grants.
Marginal note:Case heard by preference
(2) After service, the motion shall be filed at the Office of the Court at least two clear juridical days before its presentation.
(3) The motion shall be presented before the Chief Justice or a Judge the Chief Justice designates.
Marginal note:Time allotted for argument
87 Under the supervision of the Chief Justice or a Judge the Chief Justice designates, the Clerk shall indicate for each case the time each party is allotted for oral argument.
Marginal note:Notice of hearing
88 At least 30 days before the opening of the session, the Clerk shall send a copy of the roll to the parties’ counsel or to any party not represented by counsel. In addition, a copy shall be posted at the Office of the Court and shall be available on the Court’s web site. Those formalities shall constitute notice of the date of hearing.
(2) The book of authorities may be limited to relevant excerpts only, in which case the pages immediately preceding and immediately following any excerpt shall also be included, as well as the citation and the headnote, if there is one.
(3) The book of authorities may also be accompanied by a CD-ROM or other computer format containing the complete text of the authorities.
(4) The texts used in a book of authorities, whether partial or complete, must be in Word format, when that format is available.
(5) When the book of authorities contains judgments or extracts of judgments rendered by the Supreme Court of Canada, that version must be that published in the Reports of the Supreme Court of Canada, or any computer based version that has the same paragraph numbering as the version published in the Reports of the Supreme Court of Canada.
Marginal note:Time limit for filing
90 (1) The book of authorities must be served on all the other parties and filed at the Office of the Court, in quadruplicate, at least 30 days before the date fixed for hearing of the appeal or, in the case of a motion, as early as possible before the hearing.
(2) If the motion is to be presented before a Judge or the Clerk, it is sufficient to file only one copy of the book of authorities.
PART 13Sittings of the Court
Marginal note:Attendance excused
(2) The Court may excuse the parties and their counsel from being present at the beginning of a sitting and convene them at a different time for the hearing of the appeal.
92 Cases shall be pleaded in the order in which they appear on the roll, unless otherwise determined.
93 If a party fails to appear on the date and at the time established for the hearing, the Court may hear only the parties present and adjudicate the matter without hearing the absent party, or adjourn the hearing on the conditions deemed appropriate.
Marginal note:Striking a case from the roll and adjournment
94 A Judge of the Court, at the request of a party, or the Clerk, with the consent of all parties, may at any time strike a matter from the roll and adjourn the hearing to a later date.
Marginal note:Motions and appeals
(2) To that end, the parties shall submit a written request to the Clerk of the Court in Quebec or Montreal. In urgent circumstances, this request may be made by telephone.
(3) After examining the record, the Judge who is to preside at the hearing shall inform the parties of the decision.
(4) It is the responsibility of the parties and their counsel to make the necessary arrangements with the telephone service providers.
(5) All parties to the case may plead from any video room available in the territory or any one party may plead in the courtroom where the receiving device is located and where the Judge or the Court is sitting.
(6) The accused must consent to the videoconference, personally and in writing.
(7) For hearings before the Court, a gown must be worn.
(8) The cost of renting the video facilities and long-distance fees shall be borne by the party or parties who have requested the videoconference.
PART 15Miscellaneous Provisions
Marginal note:Application of the Rules
Marginal note:Application of the Code of Civil Procedure
PART 16Transitional Provision
98 The Rules applicable before the coming into force of these Rules shall continue to apply to all proceedings for which the notice of appeal was filed before the date of the coming into force of these Rules. The parties may nevertheless agree to have their appeal be governed by these Rules.
PART 17Coming into Force
Marginal note:Coming into force
99 These Rules shall come into force on January 1, 2007.
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