1.04 (1) These rules are intended to provide for the just determination of every criminal proceeding, and shall be liberally construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay.
(2) If matters are not provided for in these rules, the practice shall be determined by analogy to them.
(3) If an accused is not represented by counsel, anything that these rules require or permit counsel to do shall be done by or on behalf of the accused.
1.02 (1) These rules are enacted under subsection 482(2) of the Criminal Code and apply to prosecutions, proceedings and applications, as the case may be, within the jurisdiction of the Provincial Court of Newfoundland and Labrador, instituted in relation to any matter of a criminal nature or arising from or incidental to any such prosecution, proceeding or application.
(2) These rules come into force on November 1, 2004.
1.01 (1) These rules may be cited as the Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings.
(2) In these rules,
6.06 (1) If a filing of a factum is required by order of a judge or if these rules expressly provide for the filing of a factum, this rule and rules 6.07 to 6.09 apply with any necessary modifications to all applications.
(2) If a filing of a factum is required by order of a judge or if these rules expressly provide for the filing of a factum, all parties to an application and persons who have been granted the right to be heard shall deliver a factum, to be entitled on its cover “Applicant’s Factum”, “Respondent’s Factum” or “Intervenor’s Factum”, as the case may be.
6.05 (1) The applicant shall, when the court requires under subrule (4),
(a) serve an application record, together with a factum prepared in accordance with rule 6.07 if a judge of the court orders that a factum be filed or if these rules expressly provide for the filing of a factum, not later than 15 days before the date of the hearing, on every respondent; and
(3) The respondent shall, if a judge orders that a factum shall be filed or if these rules expressly provide for the filing of a factum, serve on every other party a factum prepared in accordance with rule 6.08 and may, if the respondent is of the opinion that the application record is incomplete, serve on every other party a respondent’s application record containing, in consecutively numbered pages arranged in the following order,