COMMENCEMENT OF PROCEEDINGS
3.01 Where an indictment is preferred against an accused, all criminal proceedings related to that indictment shall be given the same file number as the indictment.
3.02 In criminal proceedings against an accused where an indictment has not been preferred, all related criminal proceedings shall be given the same file number as the first proceeding that is brought in the court in respect of the cause of the criminal proceedings.
3.03 A document filed in court in connection with a criminal proceeding shall contain on its face, beneath the file number, the designation “criminal”.
4.01 Service of a document on an accused may be effected by serving counsel of record for the accused unless the legislation that requires service states that service shall be effected personally on the accused.
4.02 Upon the completion of a trial of an accused or an appeal, there is no presumption that counsel of record continues to act for the accused.
5.01 A motion shall be in the form prescribed for Notice of Motion under the Court of Queen’s Bench Rules, Manitoba Regulation 553/88, with such modifications as these rules and the circumstances require.
5.02 A motion in a criminal proceeding shall be designated Notice of Motion (Criminal) and, where the court has separate criminal and civil motions lists, the motion shall be placed on a criminal motions list.
5.03 A motion shall state in clear and concise terms
(a) the relief sought by the moving party, the grounds upon which the relief is sought and the material upon which the moving party relies, including any statutory provisions;
(b) whether the accused is in custody and, if so, whether he or she wishes to be taken to court for the hearing of the motion;
(c) the present status of the criminal proceedings against the accused, including the date and place for a preliminary inquiry or trial, if a date is fixed; and
(d) in a matter other than an application for judicial interim release or review or for estreatal, whether the motion is likely to be opposed and the estimated length of time for the hearing of the motion if it is opposed.
5.04 A motion arising out of or incidental to a criminal proceeding
(a) in the Provincial Court shall include a copy of the information against the accused; and
(b) in the Court of Queen’s Bench shall include a copy of the indictment against the accused.
5.05 On a motion for a prerogative writ, where the record of the Provincial Court is required to be brought up for review, it is sufficient if a photocopy of the record is filed by the moving party.
5.06 (1) Where a motion is opposed, the judge presiding in criminal motions court may fix a date and time for the hearing of the motion.
5.06 (2) Where a motion is opposed and the hearing is expected to require more than one hour, counsel may, by agreement, arrange a date for the hearing through the registrar.
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