RULE 33. Any witness who gives evidence before the Court shall, unless the Court otherwise directs if it is considered just in the circumstances and subject to any statutory authorization for payment from time to time, be entitled to the witness’s expenses in accordance with the applicable tariff of the Federal Court Rules, 1998.
- SOR/2001-91, s. 29.
RULE 34. (1) The attendance of a witness at a hearing may be required by order of the Court or a judge, but no person shall be held in contempt in respect of the order unless a certified copy of it had been served on the person at least two days before the person’s attendance was required and there had, at the time of service, been paid or tendered to the person an amount sufficient for witness fees and travelling expenses in accordance with the applicable tariff of the Federal Court Rules, 1998.
(2) The order requiring a witness to attend at a hearing may require the production of documents by him.
- SOR/2001-91, s. 30.
JUDGMENTS AND ORDERS
RULE 35. (1) Every judgment and order shall be committed to writing, signed by the presiding judge, and filed.
(2) When reasons for judgment are given in open court or when reasons for an order are given, they shall be committed to writing, signed by the judge who gave them and filed.
(3) When a judge gives reasons that are not the reasons of the Court, he shall commit them to writing, sign and file them.
(4) When there is a dissent to the Court’s decision, written reasons shall be given by both the majority and the dissenting judges.
(4.1) Where a dissent to the Court’s decision is based in whole or in part on a question of law, the grounds for the dissent shall be specified in the judgment issued by the Court.
(5) When judgment is reserved, written reasons for judgment shall be given and, unless subsection (4) applies, all the judges shall indicate, in writing, their concurrence in whole or in part or in the result by an appropriate endorsement on the reasons or by separate reasons.
(6) A copy of every document filed under this Rule shall be sent without delay to each party by the Registry.
- SOR/2001-91, s. 31.
ABANDONMENT OF PROCEEDINGS
RULE 36. (1) A party may abandon a proceeding begun by the party at any time by notice filed with the Registry and served on the respondent and the Court Martial Administrator.
(2) A notice of abandonment under subsection (1) shall be signed
(a) by the party and a witness to the party’s signature and be supported by an affidavit or other evidence of the witness as to the signature of the party; or
(b) where the appellant is represented by counsel, by such counsel, who shall state in the notice that he has consulted his client and is authorized by his client to abandon the proceeding.
- SOR/2001-91, s. 32.
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