Transmission of Documents
4.09 (1) Where documents filed with the court or exhibits in the custody of an officer are required for use at another location, the registrar shall send them to the registrar at the other location on a party’s requisition in Form 22, on payment of the prescribed fee.
(2) Documents or exhibits that have been filed at or sent to a location other than where the proceeding was commenced for a hearing at that location shall be sent by the registrar, after the completion of the hearing, to the registrar at the court office where the proceeding was commenced.
Notice of Constitutional Issue
4.10 Where an issue is raised as to the constitutionality of a statutory provision or rule of law, the party raising the issue shall serve a notice of constitutional issue in Form 5.
Rule 5 Service of Documents
General Rules for Manner of Service
Notices of Application
5.01 (1) A notice of application that includes an application for prohibition shall be served personally on the court, judge, justice, coroner or other person who issued the subpoena or warrant, conducted the inquisition or made the other order or determination or the person in charge of the place where the applicant or respondent is in custody.
(2) A notice of application that includes an application to quash a warrant, conviction, order or determination, other than a subpoena or warrant to compel the attendance of a witness, and that bears the endorsement set out in rule 43.03 shall be served upon the Court Services Manager:
(a) by mailing a copy to the Court Services Manager’s office;
(b) by leaving a copy of such notice of application at the office of the Court Services Manager; or
(c) by telephone transmission of a facsimile of the document, in which case the provisions of subrule 5.05(3) apply, mutatis mutandis.
Notices of Appeal
(3) Where the appellant is the Attorney General, his or her agent, or was the informant or any party other than the defendant (accused) in proceedings before the trial court, the notice of appeal shall be served personally on each person in respect of whom an appeal is brought against an acquittal, order of dismissal of or staying proceedings on an information, sentence or other final order or other determination, as the case may be.
All Other Documents
(4) No other notice of application, notice of appeal or other document need be served personally, or by an alternative to personal service, unless these Rules or an order of the court requires personal service or an alternative to personal service.
(5) Any document that is not required to be served personally or by an alternative to personal service:
(a) shall be served on a party who has a solicitor of record by serving the solicitor in a manner provided in rule 5.05;
(b) may be served on a party acting in person or on a person who is not a party,
(i) by mailing a copy of the document to the last address for service provided by the party or person or, if no such address has been provided, to the party’s or person’s last known address,
(ii) by personal service or by an alternative to personal service, or
(iii) by emailing a copy of the document in accordance with subrule (6), unless otherwise ordered by a judge.
(6) Service of a document in accordance with subparagraph (5)(b)(iii) is effective only if
(a) the email message includes:
(i) the sender’s name, address, telephone number, fax number and email address,
(ii) the date and time of transmission, and
(iii) the name and telephone number of a person to contact in the event of transmission problems; and
(b) the party acting in person or the person who is not a party provides by email an acceptance of service and confirms the date of the acceptance. If the email acceptance is received between 4 p.m. and midnight, service is deemed to have been made on the following day.
- SI/2014-5, s. 3.
- Date modified: