Criminal Proceedings Rules for the Superior Court of Justice (Ontario) (SI/2012-7)

Regulations are current to 2014-12-08 and last amended on 2014-01-01. Previous Versions

Contents

General Heading

  •  (1) Every document in a proceeding shall have a heading in accordance with Form 1 (applications) or 2 (appeals) that sets out:

    • (a) the name of the court and the court file number; and,

    • (b) the title of the proceeding in accordance with rule 6 (application) or rule 40 (appeal), but in a document other than an originating process, record, order or report, where there are more than two parties to the proceeding, a short title showing the names of the first party on each side followed by the words “and others” may be used.

Body of Document
  • (2) Every document in a proceeding shall contain:

    • (a) the title of the document;

    • (b) its date;

    • (c) where the document is filed by a party and not issued by a registrar or is an originating process, the name, address and telephone number of the solicitor filing the document or, where a party acts in person, his or her name, address for service and telephone number; and

    • (d) where the document is issued by a registrar, the address of the court office in which the proceeding was commenced.

Backsheet
  • (3) Every document in a proceeding shall have a backsheet in accordance with Form 3 that sets out:

    • (a) the short title of the proceeding;

    • (b) the name of the court and the court file number;

    • (c) in the case of an affidavit, the deponent’s name and the date when he or she swore or affirmed it;

    • (d) the location of the court office in which the proceeding was commenced;

    • (e) the title of the document; and

    • (f) the name, address and telephone number of the solicitor serving or filing the document or, where a party acts in person, his or her name, address for service and telephone number.

Certified Copies of Court Documents

 At the request of a person entitled to see a document in a court file and on payment of the prescribed fee, the registrar shall issue a certified copy of the document.

Notice to be in Writing

 Where these rules require notice to be given, it shall be given in writing.

Filing of Documents

Place of Filing

  •  (1) All documents required to be filed in a proceeding shall be filed in the court office in which the proceeding was commenced, except where they are filed in the course of a hearing or where these rules provide otherwise.

  • (2) An affidavit, transcript, record or factum to be used on the hearing of an application shall be filed in the court office in the place where the hearing is to be held.

Filing by Leaving in Court Office or by Mail
  • (3) Any document, other than one that is to be issued, may be filed by leaving it in the proper court office or mailing it to the proper court office, accompanied by the prescribed fee.

Date of Filing where Filed by Mail
  • (4) Where a document is filed by mail, the date of the filing stamp of the court office on the document shall be deemed to be the date of its filing, unless the court orders otherwise in accordance with rule 2.01.

Where Document Filed by Mail not Received
  • (5) Where a court office has no record of the receipt of a document alleged to have been filed by mail, the document shall be deemed not to have been filed, unless the court orders otherwise in accordance with rule 2.01.