SERVICE OF ALL DOCUMENTS
Marginal note:Proof of service required from Attorney General
24. The Attorney General shall file proof of service of any document filed.
Marginal note:Service by the Attorney General
25. The Attorney General shall serve an appellant or respondent personally unless:
(a) the appellant or respondent is represented, in which case service may be effected in any manner permitted by Part Three of The Queen’s Bench Rules; or
(b) an order is obtained from the court or a judge pursuant to section 678.1 of the Code.
Marginal note:Proof of service
26. The Attorney General may prove service by filing a Certificate of Service in Form D.
Marginal note:Deemed service on the Attorney General by filing with the registrar
27. On receipt of a document for filing from an appellant or respondent, other than the Attorney General acting as an appellant or respondent:
(a) the registrar shall immediately forward the document to the Attorney General by electronic or other means; and
(b) no further service on the Attorney General or proof of service is required.
Marginal note:Registrar’s authority to fix hearing dates
28. Subject to the direction of the chief justice or a judge, the registrar may fix the date and time for hearing of an appeal:
(a) on receipt of the transcript by the registrar, if:
(i) the appeal is from sentence alone; or
(ii) the offender is self-represented; or
(b) on receipt of the appellant’s factum for all other appeals, including appeals from conviction pursuant to section 675 of the Code, from acquittal pursuant to section 676 of the Code and from decisions made pursuant to Part XXIV (Dangerous Offenders and Long-term Offenders) of the Code and for appeals that involve both a summary conviction and an indictable matter.
Marginal note:Notice of date to be provided
29. (1) In the case of an appeal commenced by the Attorney General against a self-represented respondent, the Attorney General shall:
(a) serve the respondent in accordance with Rule 25 with notice of the date fixed pursuant to Rule 28; and
(b) file proof of service of the notice on the respondent in accordance with Rule 26 at least 10 days before the date fixed pursuant to Rule 28.
(2) If subrule (1) is not complied with, the court or a judge may make an order adjourning the appeal on any terms and conditions that the court or the judge considers appropriate.
Marginal note:Appeal may be heard based on written argument only
30. If the appellant and respondent agree, an appeal entered for hearing may be determined on the basis of written argument only.
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