Appendix of Forms

FORM 1Notice of Application

Court File No. (insert)

IN THE COURT OF QUEEN’S BENCH

TRIAL DIVISION

JUDICIAL DISTRICT OF (specify)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

and

(specify name of accused)

(indicate whether applicant or respondent)

Notice of Application(Criminal Procedure Rules of the Court of Queen’s Bench)

TAKE NOTICE that an Application will be brought at a.m. (or p.m.) on the day of , 20, at (address of court house) , for an order granting (set out relief sought).

THE GROUNDS FOR THIS APPLICATION ARE:

  • 1 That

  • 2 That

  • 3 That

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

  • 1 (set out documents such as affidavits, transcripts, etc., upon 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 4, at (specify address and fax number)

Dated at , this day of , 20

(signature of applicant, counsel or Crown counsel)

(name and address)

(telephone, including area code and fax number)

(email)

FORM 2Affidavit

Court File No. (insert)

IN THE COURT OF QUEEN’S BENCH

TRIAL DIVISION

JUDICIAL DISTRICT OF (specify)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

and

(specify name of accused)

(indicate whether applicant or respondent)

Affidavit of (Insert Name of Deponent)(Criminal Procedure Rules of the Court of Queen’s Bench)

I, (full name of deponent) , of the City (or Town or as may be) of , in the County (or District or Regional Municipality) of , (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 (or Town or as may be) of in the County (or District or Regional Municipality) of on 20.

(deponent’s signature

Commissioner for Taking Oaths

(or as may be)

FORM 3AAcknowledgment of Receipt Card

Court File No. (insert)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

and

(specify name of accused)

(indicate whether applicant or respondent)

Acknowledgment of Receipt Card(Criminal Procedure Rules of the Court of Queen’s Bench)

To: (state full name and address)

You are served by mail with the documents enclosed with this card.

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 upon you in another manner.

Acknowledgment of Receipt

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

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 being served)

FORM 3BAcknowledgment by Counsel of Service (by Fax)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

and

(specify name of accused)

(indicate whether applicant or respondent)

Acknowledgment by Counsel of Service (by Fax)(Criminal Procedure Rules of the Court of Queen’s Bench)

I ACKNOWLEDGE that I have received on (date) a copy of the following documents: (To be completed in advance by the sender of the documents and with sufficient particularity to identify the documents.)

(date)(signature of counsel)

FORM 4AAffidavit of Service

(Court, Court File Number, Style of Proceeding)

Affidavit of Service(Criminal Procedure Rules of the Court of Queen’s Bench)

I, (full name) , of the of in the Province of New Brunswick, (occupation) , MAKE OATH AND SAY AS FOLLOWS:

  • 1 On the day of , 20, I served the respondent (or as may be) with the attached document marked “A” by leaving a copy with the respondent (or as may be) at (address where service was made)

  • 2 I was able to identify the person served by means of the fact that

or, where service was made on an individual by leaving a copy with an adult person:

  • 1 On the day of , 20, I served the respondent (or as may be) with the attached document marked “A” by leaving a copy in a sealed envelope addressed to the respondent (or as may be) with , who appeared to be an adult and an occupant of the dwelling in which the respondent (or as may be) resides, at (address where service was made) , and by mailing a copy by prepaid mail on the same (or next) day addressed to the respondent (or as may be) at the same address.

  • 2 Prior to such service I made an unsuccessful attempt to personally serve the respondent (or as may be) at the respondent’s (or as may be) place of residence on the day of , 20, (or where more than one attempt has been made: and again on the day of , 20).

or, where service was made by prepaid mail or prepaid courier upon counsel for the party:

  • 1 On the day of , 20, I served the respondent (or as may be) with the attached document marked “A” by sending by prepaid mail (or prepaid courier as may be) a copy addressed to , counsel for the respondent (or as may be), at (full mailing address)

or, where service was made by prepaid mail or prepaid courier upon a party:

  • 1 On the day of , 20, I served the respondent (or as may be) with the attached document marked “A” by sending a copy of the document together with an Acknowledgement of Receipt Card by prepaid mail (or prepaid courier as may be) addressed to the respondent (or as may be) at (full mailing address) , the respondent’s (or as may be) last known address.

  • 2 On the day of , 20, the attached Acknowledgement of Receipt Card marked “B” bearing a signature which appears to be the signature of the respondent (or as may be) was returned to and received by me.

or

  • 2 On the day of , 20, the attached post office receipt (or acknowledgement of receipt in writing) marked “B” bearing a signature which appears to be the signature (or a copy of the signature) of the respondent (or as may be) was returned to and received by me.

or

  • 2 On the day of , 20, the attached confirmation marked “B” was received by me from the carrier who delivered the document.

or, where service was made on a corporation:

  • 1 No office or place of business of the respondent (or as may be) is located at any address given in the last statement of the respondent (or as may be) delivered to the Minister of Justice and no office or place of business of the respondent (or as may be) can be found in New Brunswick.

  • 2 On the day of , 20, I served the respondent (or as may be) with the attached document marked “A” by sending a copy by prepaid mail (or prepaid courier as may be) to the respondent at (full mailing address) , being the address given for the respondent on the last statement of the respondent (or as may be) delivered to the Minister of Justice, and also by sending a copy by prepaid mail (or prepaid courier as may be) to , who is shown as an officer of the respondent on the last statement of the respondent (or as may be) delivered to the Minister of Justice, at (full mailing address) , which is the address given for the respondent (or as may be) on such a statement.

or, where service was made by telephone transmission producing a facsimile of the document in the office of counsel:

  • 1 On the day of , 20, I served the respondent (or as may be) with the attached document marked “A” by sending a facsimile of the document accompanied by a copy of the cover page marked “B” by telephone transmission to , counsel for the respondent (or as may be).

Sworn (or Affirmed) before me at the City (or Town or as may be) of in the County (or District or Regional Municipality) of , on , 20

(deponent’s signature

Commissioner for Taking Oaths

(or as may be)

FORM 4BCertificate of Service by Sheriff

(Court, Court File Number, Style of Proceeding)

Certificate of Service by Sheriff

I, (full name) , Sheriff (or Deputy Sheriff as may be) for the County of, certify that on the day of , 20, at a.m. (or p.m.):

  • (1) I served the respondent (or as the case may be) , by leaving a copy of this document with

  • (2) I was able to identify the respondent (or as may be) by means of the fact that

or

  • (2) I was able to identify the person with whom a copy of the document was left to effect service on the respondent (or as may be) by means of the fact that

DATED at , this day of , 20

(signature of sheriff or deputy sheriff serving the document)

FORM 5Notice of Abandonment

Court File No. (insert)

IN THE COURT OF QUEEN’S BENCH

TRIAL DIVISION

JUDICIAL DISTRICT OF (specify)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether applicant or respondent)

and

(specify name of accused)

(indicate whether applicant or respondent)

Notice of Abandonment(Criminal Procedure Rules of the Court of Queen’s Bench)

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 , 20

(signature of applicant or counsel)

(set out name and address)

(telephone and fax number with area code)

FORM 6Pre-Trial Conference Submission

Court File No. (insert)

IN THE COURT OF QUEEN’S BENCH

TRIAL DIVISION

JUDICIAL DISTRICT OF (specify)

BETWEEN:

HER MAJESTY THE QUEEN

and

(specify name of accused)

Pre-Trial Conference Submission(Criminal Code, section 625.1)

(Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick)

NAME OF ACCUSED:

CHARGES:

DEFENCE COUNSEL:

Name: Tel./fax/e-mail:

Name: Tel./fax/e-mail:

CROWN COUNSEL:

Name: Tel./fax/e-mail:

Name: Tel./fax/e-mail:

DATE OF ALLEGED OFFENCE(S):

DATE ACCUSED CHARGED:

DATE INFORMATION SWORN:

DATE OF FIRST APPEARANCE:

DATES OF SUBSEQUENT APPEARANCES:

DATE INDICTMENT FILED:

FORM OF JUDICIAL INTERIM RELEASE / REMAND:

DISCLOSURE ISSUES:

CHARTER OF RIGHTS 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 TRIAL ANTICIPATED:

SUBMITTED at the of on the day of 20

Signature of Counsel for (insert)

 
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